WorldWideScience

Sample records for civil law

  1. Civil Law Glossary.

    Science.gov (United States)

    Update on Law-Related Education, 1997

    1997-01-01

    Presents a glossary of civil law terms originally compiled for journalists by the American Bar Association. Defines many essential civil law concepts and practices including compensatory damages, jurisdiction, motion to dismiss, discovery, and remedy. (MJP)

  2. [Psychiatric evaluation in civil law].

    Science.gov (United States)

    Foerster, K

    1992-03-01

    Aspects of civil law of importance for the psychiatrist as expert witness are those dealing with disability pensions accident insurance, compensation in civil law and rights of the seriously disabled. The legal basis of each is briefly outlined, and some guidelines given for psychiatric court reports. Some outstanding theoretical and practical problems are mentioned. PMID:1579170

  3. Sexually Violent Predators and Civil Commitment Laws

    Science.gov (United States)

    Beyer Kendall, Wanda D.; Cheung, Monit

    2004-01-01

    This article analyzes the civil commitment models for treating sexually violent predators (SVPs) and analyzes recent civil commitment laws. SVPs are commonly defined as sex offenders who are particularly predatory and repetitive in their sexually violent behavior. Data from policy literature, a survey to all states, and a review of law review…

  4. 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)

  5. 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...

  6. Why atomic energy affects Civil Law

    Energy Technology Data Exchange (ETDEWEB)

    Knieper, R.

    1980-01-01

    Based on the decision of July 20, 1979 by the Amtsgericht Stuttgart, which dismissed the complaint filed by the Technische Werke der Stadt Stuttgart (public utility) against electricity boycotters as being unfounded for the time being, the author states that a political function is due to Civil Law. The concrete question is whether political considerations have surpassed the limits of laws and interpretations bound by the basic rights. The relationship between a customer depending on power supply and the supply monopolist exceeds contractual relationship by far since it is a social relationship: it is inescapably embraced by the customer's dependence on power supply and by the customer being subject to research work. Atomic energy is being introduced into law of contract by means of dogmatic crutches - breach of additional obligation under a contract. However, in Civil Law, there are a great number of such means enabling solutions to be corrected which seem to be inadequate.

  7. Clinical guidelines and their civil law effects.

    Science.gov (United States)

    Hulst, E

    2002-01-01

    The number of clinical guidelines or protocols for medical treatment is growing. Considered as an important instrument for increasing the quality of medicine, these originally intended technical guidelines turn out to influence doctor's civil liability. Ignoring those guidelines in itself may cause a breach of a doctor's duty of care according to civil law and he may be charged to produce evidence that his medical treatment was correct. This development is taking place in several countries as France, Germany, United Kingdom and the Netherlands. PMID:15795994

  8. 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

  9. McGill's Integrated Civil and Common Law Program.

    Science.gov (United States)

    Morissette, Yves-Marie

    2002-01-01

    Describes the bijural program of McGill University Faculty of Law. The program educates all first-degree law students in both the common law and civil law traditions, preparing them for the increasing globalization of legal practice. (EV)

  10. 25 CFR 11.500 - Law applicable to civil actions.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Law applicable to civil actions. 11.500 Section 11.500 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.500 Law applicable to civil actions. (a) In all civil cases, the Magistrate of a Court of Indian...

  11. Optimal Copyright Protection: Civil Law vs. Criminal Law

    OpenAIRE

    ARAI Yasuhiro

    2007-01-01

    We consider optimal copyright protection strategies from the government and producer perspectives. Our model assumes that the government sets the penalty for infringement, and that the producer is responsible for monitoring illegal activity. We find that depending on the production cost of the goods, the government should set copyright penalties either to zero or to a level that makes the producer's profit zero. We also show that the social surplus is greater under a civil law scheme than a c...

  12. Customary versus Civil Law within Old Regime France

    OpenAIRE

    Le Bris, David

    2013-01-01

    Law and finance theory emphasizes the negative consequences of civil law on financial and, subsequently, economic development. Before the Revolution, French territory was strictly divided according to the legal regime. Since the Middle-Ages, the southern part of France was under Justinian civil law and the north was under customary laws which, as with common law, gave more flexibility to judges and less right to the state. This dichotomy offers the unique opportunity to test the law and finan...

  13. [Psychiatric assessment in civil law questions].

    Science.gov (United States)

    Nedopil, N

    2009-05-01

    Psychiatric reports in German civil law cases are required if questions are raised of legal capacity, capacity to express a testamentary will, ability to sue or be sued, capacity to marry, ability of mentally disordered patients to consent to treatment, and when custody or hospital orders of these patients is considered or compensation is due for mental disorders resulting from accidents. Many reports must decide whether the ability to decide using sound reason or motives is or was impaired by a mental disorder. This capability is attributed to every adult person; only if incapability is claimed must it be proven by psychiatric assessment. As in most psychiatric court reports, such assessments must be structured in several steps. First a clinical diagnosis has to be established which must then be translated into legal terminology. After this has been accomplished, the psychiatrist must describe the functional impairments caused by the disorder and define the probability with which these impairments might affect the legal act in question. Most reports are prepared in the context of custody law, which centers on helping those patients who, due to a mental disorder, cannot manage their own legal matters. PMID:19159913

  14. HKU's double professional civil engineering and law programme

    OpenAIRE

    Yeung, AT; Ng, ST; Tham, LG; Lee, PKK

    2010-01-01

    The scale and complexity of civil engineering projects are increasing exponentially. Coupled with the growing trend of globalisation, the demand for high-calibre civil engineers who are also knowledgeable in legal matters is increasing. Driven by an aspiration to prepare civil engineering graduates with a solid foundation in both civil engineering and law, The University of Hong Kong has developed the first 5-year credit-based double professional degree programme in Hong Kong, which leads to ...

  15. CONCEPT AND SIGNIFICANCE OF TERMS IN CIVIL LAW

    OpenAIRE

    Evtih R. A.

    2015-01-01

    The article reveals the concept of term in the civil law. The author considers the various classifications of terms and their main features. The main attention is focused on the meaning of terms in civil law. Namely, on the expiry of the contract as a legal fact. The author concludes a significant role of terms of civil matters. For example, they point to the beginning and end of relationship, the need to establish the commission of the planned actions; they clarify the civil relations and di...

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

    Science.gov (United States)

    Waxman, Michael P.

    2001-01-01

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

  17. Civil Law Terms You Need to Know.

    Science.gov (United States)

    Update on Law-Related Education, 1997

    1997-01-01

    Presents a word and number puzzle designed to familiarize students with law terms and their definitions. The puzzle consists of definitions followed by a sequence of numbers. The law term fitting the definition can be revealed by applying a number-letter key that is provided. Suitable for copying as a handout. (MJP)

  18. Consumer Contracts in the Czech Civil Law

    Czech Academy of Sciences Publication Activity Database

    Hulmák, Milan

    Praha : Ústav státu a práva AV ČR, 2007 - (Šejvl, M.; Vostrá, L.), s. 165-173 ISBN 978-80-904024-0-9 R&D Projects: GA ČR GA407/06/1467 Institutional research plan: CEZ:AV0Z70680506 Keywords : consumer protection * consumer contracts * Civil Code Subject RIV: AG - Legal Sciences

  19. Legal certainty and Commercial Law: a comparative perspective (common law x civil law)

    OpenAIRE

    Fábio Ulhoa Coelho

    2015-01-01

    The purpose of this article is to discuss the issue of legal certainty. It reviews the legal certainty in the ambit of Brazilian Law, a civil law jurisdiction. The concept of legal certainty is delimited and its importance for economy and commercial relations is discussed. The most important aspect of legal certainty is “ideology”. The judicial legitimacy of the same-sex family union in Brazil is a highly notable case in which we can see that a norm is interpreted differently when the ideolog...

  20. [Quality assurance based on civil and penal law].

    Science.gov (United States)

    Bock, R W

    1998-01-01

    The term "quality assurance" primarily concerns the provisions of professional regulations and law relating to health service physicians. It would be too sweeping to regard liability or criminal law as normative parameters for guaranteeing quality assurance in the narrower sense. Nevertheless, along with expert opinions sought within the context of relevant lawsuits, court rulings under civil law and criminal law in effect constitute an indirect form of "quality control". As a consequence, many court decisions act as a standard for the future. Civil law is concerned with determining whether the patient has received the quality of medical service to which he is entitled; for all intents and purposes, the same applies to the judgement of medical treatment under criminal law, whereby all cases, whether civil or criminal, concern diagnostic and therapeutic practice in specific treatment situations, the organisation of treatment and the provision of information. With regard to these areas, a contribution can therefore be made to quality assurance by observing pertinent civil and criminal judicature. PMID:9916281

  1. 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.

  2. Nationality Law in Civil Law Countries - Recent trends from the perspective of human rights

    OpenAIRE

    Wautelet, Patrick

    2011-01-01

    In this presentation I attempt to single out recent trends in the law of nationality of European civil law countries, with a particular focus on the right to a nationality and the impact of fundamental rights (in particular the prohibition of discrimination between women and men) on nationality law.

  3. Legal certainty and Commercial Law: a comparative perspective (common law x civil law

    Directory of Open Access Journals (Sweden)

    Fábio Ulhoa Coelho

    2015-06-01

    Full Text Available The purpose of this article is to discuss the issue of legal certainty. It reviews the legal certainty in the ambit of Brazilian Law, a civil law jurisdiction. The concept of legal certainty is delimited and its importance for economy and commercial relations is discussed. The most important aspect of legal certainty is “ideology”. The judicial legitimacy of the same-sex family union in Brazil is a highly notable case in which we can see that a norm is interpreted differently when the ideology changes. As “ideology matters”, if a country wants to provide more legal certainty, it has to develop actions aiming at changing the ideology. The conclusion suggests the thesis that ideology would be the most important aspect in the matter of legal certainty also in common law jurisdictions.

  4. AIDS, the law and civil liberties.

    Science.gov (United States)

    Lansdell, G T

    1991-01-01

    In dealing with HIV infection and AIDS, the law must balance the public health interests of the community against the potentially conflicting rights of individuals to liberty and privacy. This article reviews public health legislation currently in force in Australian States and Territories, discusses the potential for coercive strategies to be applied to AIDS sufferers and persons who are or who are presumed to be infected with HIV, and considers how to deal with HIV-infected persons who knowingly or recklessly spread the virus. It is possible that strong measures to control the spread of HIV may be counterproductive because they discourage the cooperation of infected persons and groups at high risk of infection. Although the potential for restrictive practices is great, the law must make, and in Australia has made, some compromises in the interests of the individual and the larger community. PMID:1984590

  5. Civil liability for nuclear damage law

    International Nuclear Information System (INIS)

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

  6. Why atomic energy affects Civil Law

    Energy Technology Data Exchange (ETDEWEB)

    Knieper, R.

    1980-01-01

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

  7. 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

  8. 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...

  9. The physician's civil liability under Danish law.

    Science.gov (United States)

    Fenger, N; Broberg, M

    1991-01-01

    The physician's liability in Danish law is based on negligence, which is assessed by the courts largely on the basis of expert opinions. Such opinions are provided primarily by the Medico-Legal Council rather than by experts selected by the parties. The evaluation of negligence is based on a "reasonable man" standard and the performance expected of a competent colleague; a hospital will be responsible for the negligence of its employees. The burden of proof generally lies with the plaintiff; negligence will not be presumed and the assessment of the evidence of negligence will be adapted to the individual situation, e.g. factors such as the degree of specialization involved, the time which the physician had at his disposal to make his decision and the resources available to him will be taken into consideration. The courts have shown themselves willing to allow for the fact that doctors differ, i.e. recognizing that there must be scope for reasonable discretion. Because the culpa principle is central, the standard applied to medical knowledge will be that which pertained at the time of the treatment. Where a non-specialist is confronted with a problem which may go beyond the knowledge of his limits and experience, he is under an obligation to refer the patient. The principle of informed consent to treatment is accepted in Danish law, but such consent will readily be considered to have been given tacitly. PMID:23511859

  10. 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.

  11. Accountability and medicinal products 2: civil law.

    Science.gov (United States)

    Dimond, Bridgit

    Lyndsey Bohanna, 23 years, had mild depression and was prescribed Prozac by doctors to combat insomnia and fatigue. Two months later during a routine check-up a junior doctor changed her prescription. He gave her an antidepressant, dothiepin, which is for severe depression and should not be used with Prozac. It is also an antidepressant with one of the highest chances of overdose. Nine days later she was found dead. An independent review found a host of errors during her treatment at the hospital. The junior doctor had not asked the consultant for advice and had not explained to the patient the risks associated with her new medication. He also failed to inform her GP of how many tablets should be given. What is the law? PMID:15039621

  12. THE CONCEPT AND FORMS OF TENDERS IN THE CIVIL LAW

    OpenAIRE

    Didenko A. A.; Artem A. V.

    2015-01-01

    In modern civil turnover the definition of a bidding contract is a well known way of making contracts. Despite this fact, the modern legal science has not formed a general idea about the tender. In particular, the problem of this phenomenon is in minor investigation of the principle of the conclusion of agreement and the deal itself in the civil law. It requires further legal analysis in investigation of the legal procedures of the contract at the auction. Legal regulation of the relations in...

  13. THE CONCEPT AND SOURCES OF CIVIL LAW REGULATION OF ENERGY SAVING

    OpenAIRE

    Kamyshanskiy V. P.; Didenko A. A.; Marchenko K. S.

    2014-01-01

    The article discusses the concept of energy efficiency as an object of civil rights. It examines the characteristic features of the object of civil legal relations. On the basis of the current sources of the civil law we have analyzed the sources of civil law regulation of energy saving

  14. LEGALISASI ABORSI DI INDONESIA PERSPEKTIF PERBANDINGAN HUKUM PIDANA : ANTARA COMMON LAW SYSTEM DAN CIVIL LAW SYSTEM

    OpenAIRE

    Soge, Paulinus

    2009-01-01

    The purpose of this article is to, discuss ius constituendum on abortion in Indonesia from criminal law perspective between Common Law System and Civil Law System. lus constituendum on abortion in Indonesia is not directed to legalization of abortion as carried out both in The Netherlands and USA but tends to be harmonized with therapeutic abortion concept both in medical and psychiatric fields. Such a harmonization would result in the enlargement of exception in car ying out abortion not onl...

  15. Mental health law: civil liberties and the principle of reciprocity.

    Science.gov (United States)

    Eastman, N

    1994-01-01

    At a conference organised by the Law Society, Mental Health Act Commission, and Institute of Psychiatry possible reform of mental health legislation in England and Wales was discussed. It was concluded that radical legal reform was required, and that the law should be designed specifically for provision of care in both hospital and the community. Reform should be based on principle rather than pragmatism, particularly the principle of reciprocity--patients' civil liberties may not be removed for the purposes of treatment if resources for that treatment are inadequate. Protection of society from nuisance or even violence is insufficient reason for detention. Legal provision for compulsion of patients, whether in hospital or the community, must be matched by specific rights to treatment. PMID:8179659

  16. Comparison between the legal regime of the extinctive prescription in Romanian civil law and fiscal law

    Directory of Open Access Journals (Sweden)

    Silvia Lucia CRISTEA

    2015-06-01

    Full Text Available This article analyses the institution of the extinctive prescription, first synthesizing the common law stated by the Romanian Civil Code (Section I and then the special regulation given by the Romanian Code of Fiscal Procedure (Section II in which we differentiate between the particular legal regime of the extinctive prescription in the area of the rights of claim (Section 2.1-2.2, in the area of the right to initiate the foreclosure (Section 2.3, and in that of the right to ask for compensation and restitution (Section 2.7. The comparison between the legal regime of the extinctive prescription in civil law and its regulation given by the fiscal law it is stated by the last section, structured into similarities and differences.

  17. 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

  18. Civil commitment and the criminal insanity plea in Israeli law.

    Science.gov (United States)

    Toib, Josef A

    2008-01-01

    In Israeli jurisprudence there is a substantial difference towards mentally ill patients between the civil and penal law systems that goes well beyond differences required by their separate objectives. Mentally ill people dangerous to others due to their illness belong in the hospital, not in the community or in jail. The data gathered especially for this paper make it hard to escape the conclusion that contemporary practice in Israel does not accord with this objective. On the civil front, inaccuracy in predicting who is dangerous may lead to involuntary commitment of people who are not dangerous. On the criminal side, too few people are sent to the hospital in Israel and correspondingly too many to jail. Comparison with US data and practice shows that on the civil side prediction has been improved by using actuarial methods, while on the penal side more up to date definitions of mental illness have been adopted. Whatever the appropriate solution for Israel, surely the first requirement is recognition of the problem. PMID:18374417

  19. THE CONCEPT AND FORMS OF TENDERS IN THE CIVIL LAW

    Directory of Open Access Journals (Sweden)

    Didenko A. A.

    2015-06-01

    Full Text Available In modern civil turnover the definition of a bidding contract is a well known way of making contracts. Despite this fact, the modern legal science has not formed a general idea about the tender. In particular, the problem of this phenomenon is in minor investigation of the principle of the conclusion of agreement and the deal itself in the civil law. It requires further legal analysis in investigation of the legal procedures of the contract at the auction. Legal regulation of the relations in the area of conclusion of the contract on bidding is quite extensive in reality and evidenced by the reflection in the legislation of a significant number of trades. A vivid example is the legislation on the auction, conducted for the purpose of placing the state order. This legislation is comprehensive and currently is under in the process of reform in development of a new contractual system of the state order. The particular interest increase in the conclusion of the contracts by means of the electronic trading platforms. Thus, the situation in the field of legislation on the auction, its practical application and theoretical research in this field requires the further investigation of the bid process as a whole law area that illustrates the relevance of this article

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

    OpenAIRE

    Claudiu Răzvan DEDU

    2015-01-01

    The institution of “Fiducia” relatively completely regulated by the content of the art. 773-791 of the New Civil Code, represents, together to the institution of periodic property and the one of administration of one's assets, a premiere in the Romanian civil law. The apparition of this institution of law in the continental law (also in the Romanian law) is the result of a long interface process between the civil continental law and the Anglo-Saxon one, during which many institutions of law o...

  1. 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.

  2. On the Basic Principle of Civil Law%民法基本原则研究

    Institute of Scientific and Technical Information of China (English)

    陈建国

    2013-01-01

    The basic principle of the civil law embodies the basic concepts of civil law ,which is highly abstract and generalization of the civil law system and has important significance to guide the civil law and helps carry out the civil justice and civil activities smoothly .To study the basic principle of civil law ,first of all ,we should grasp the meaning and characteristics of the basic principles of the civil law to conduct in-depth analysis .Secondly ,we should study the development of the basic principles of the civil law of the world and make a comprehensive analysis of the basic content of the basic principles of civil law . Finally ,by studying the function and role of the basic principles of the civil law ,we can overcome the limits of statute law .We hope that through the in -depth study and analysis of the basic principles of the civil law , we can deepen our understanding of the basic principles of the civil law ,fully exert the function and basic principles of the civil law and serve the socialist civilization of rule by promoting law construction and economic and social development .%  民法基本原则体现着民法的基本理念,是对民事法律制度的高度抽象和概括,对指导民事法律立法、民事司法以及民事活动的顺利进行都具有重要的意义。要研究民法的基本原则,首先,要对民法基本原则的含义和特征进行深入的分析。其次,了解世界范围内民法基本原则的发展历程,全面分析我国民法基本原则的基本内容。最后,通过发挥民法基本原则的功能和作用,来克服我国成文法的局限性。希望能够通过对民法基本原则的深入研究和剖析,加深我们对民法基本原则的认识和理解,充分发挥民法基本原则的功能和作用,为社会主义法治文明建设和经济社会发展服务。

  3. Amendment works of the Korean civil code (Property Law)

    OpenAIRE

    Kim, Sang Yong

    2001-01-01

    "The Korean Civil Code is currently in the process of amendment. The government expects to submit a proposal for amending the Civil Code to this year's regular session of the National Assembly. However, considering the extent to which the works for amending the Civil Code being in process by the Civil Code amendment committee have thus far advanced, submission of the proposal for Civil Code amendment within this year’s regular session of the National Assembly can be considered ...

  4. Automatism: comparison of common law and civil law approaches--a search for the optimal.

    Science.gov (United States)

    Beran, Roy G

    2002-08-01

    This article reviews common and civil law approaches to automatism with discussion of legal definitions and the conditions in which automatism occurs. The common law approach to sane (exogenous) and insane (endogenous) automatism is examined. Despite a change in the law, which obviates mandatory incarceration for all persons found not guilty on the basis of insane automatism, the stigma of insanity remains. A number of Continental jurisdictions, though, have adopted an approach divorced from judgmental labels, whereby acts, which result from automatism, are classified under the rubric of unconsciousness. The article draws upon this approach, analyses alternatives to insane automatism and proposes instead an analysis by reference to "cognitive dysfunction", thereby removing all reference to the concept of insanity. PMID:12242885

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

    Science.gov (United States)

    Laborda Calvo, E

    2004-12-01

    Expertise test was the object of many controversies in the previous Civil Prosecution Law (CPL) from the way of naming the experts to the difficulties in the receiving payment. The new CPL uses the social process as model and provides civil justice with an agile and guaranteeing procedure. The CPL provides the expert test with a greater amplitude and new range, and should be used at the time of the lawsuit and openly seen. The experts should assume the defense of their arguments and be subjected to the objections of the contrary party. The expert's test becomes a mixed documental and personal test. It also modifies the way of naming the experts and the acceptance that may condition the allocation of funds in the amount considered necessary. The objection is limited to the experts named judicially, it being possible to eliminate them, however, the reason for it should be justified. PMID:15719286

  6. Comparison between the legal regime of the extinctive prescription in Romanian civil law and fiscal law

    OpenAIRE

    Silvia Lucia Cristea

    2015-01-01

    This article analyses the institution of the extinctive prescription, first synthesizing the common law stated by the Romanian Civil Code (Section I) and then the special regulation given by the Romanian Code of Fiscal Procedure (Section II) in which we differentiate between the particular legal regime of the extinctive prescription in the area of the rights of claim (Section 2.1-2.2), in the area of the right to initiate the foreclosure (Section 2.3), and in that of the right to ask for comp...

  7. 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.

  8. 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. PMID:23845165

  9. 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.

  10. Romania. Law on civil liability for nuclear damage (3 december 2001)

    International Nuclear Information System (INIS)

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

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

    International Nuclear Information System (INIS)

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

  12. 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…

  13. Law and Finance: Common-law and Civil-law Countries Compared

    OpenAIRE

    Graff, Michael

    2005-01-01

    The "law and finance theory" is an ambitious and fascinating attempt to combine insights from the theory of corporate finance, institutional economics, legal and economic history as well as the recent studies on the determinants of economic growth into an encompassing theory, thereby filling important gaps of our understanding of the ultimate causes and linkages underlying modern economic development. It argues that the legal system, which today's countries inherited from the past, is crucial...

  14. Article 6 ECHR, Civil Rights and the Enduring Role of the Common Law

    OpenAIRE

    Anthony, Gordon

    2013-01-01

    This article examines the role that the common law has played in Human Rights Act 1998 case law on the protection of 'civil rights' within the meaning of Article 6 ECHR. Focusing on Article 6 ECHR's 'disclosure' and 'full jurisdiction' requirements, it highlights an increasingly nuanced relationship between the ECHR and common law in cases under and outside the Human Rights Act 1998. Although the general pattern within the case law has been one of domestic court fidelity to the ECHR - somethi...

  15. Oregon's civil commitment law: 140 years of change.

    Science.gov (United States)

    Bloom, J D; Williams, M H

    1994-05-01

    Legislatures, professional groups, and mental health consumers across the United States are currently engaged in a debate about the need for change in civil commitment procedures. The authors summarize modifications of legislation and judicial opinion in the history of Oregon's civil commitment procedures from 1853 to the present to show that changes in civil commitment reflect broader shifts in the social and political aspects of the mental health system. Many current issues in civil commitment, such as the question of a patient's competency to make treatment decisions, are not new, and they are likely to continue to be controversial as mental health systems attempt to balance concerns about the liberty interests of mentally ill persons with concerns about providing appropriate treatment for mental illness. PMID:8045542

  16. Regulating the Procedure of Judging the Appeal in the Civil Law Suit in the Draft Civil Procedure Code

    Directory of Open Access Journals (Sweden)

    Alexandrina ZAHARIA

    2010-11-01

    Full Text Available The present study aims at analyzing the dispositions regarding the appeal, as presented in the present form of the Civil Procedure Code2, motivated by the fact that recently, the Ministry ofJustice has launched a public debate on “The strategy of developing justice as a public service 2010-2014” in which it proposes a set of measures on the functioning of the judicial system and theconsolidation of justice independence and integrity. The Ministry of Justice will advance this document of great importance for the justice, to be approved by the Romanian Government, no laterthan July, 1st 2010. The adoption of a new Civil Procedure Code was imposed by the socio- economic transformations that occurred in our country after December 1989 and by the Romanian adhesion at the EU on January, 1st 2010, as well as by the changes occurred on the international level, generated by the free movement of people and not only. In this paper we will approach a few theoretical andpractical issues related to the unitary application and interpretation of the civil procedure norms regarding the term in which the appeal can be exerted, the summoning procedure, the forms of appeal and the rules that coordinate the judging of the appeal. This objective aims at underlining the need for a better regulation of the forms of appeal in the civil law suit, reducing terms, summoning the litigant parties, so that the judging is made in compliance with the principles of the right to defense and thecontradictory principle that govern the civil law suit. By the propositions made regarding the completion of the amendment of the civil procedure norms we intend to actually enable the guaranteeof respecting the requests of an equitable law suit, from the perspective of the law suit’s duration in order for the instances in Romania not to be accused of violating article 6 of the European Convention of Human Rights. In the Romanian civil law suit, the appeal is the only ordinary means

  17. Aspects of the Brazilian law on civil liability for nuclear damage

    International Nuclear Information System (INIS)

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

  18. Polish civil judges as European Union law judges: knowledge, experiences and attitudes

    NARCIS (Netherlands)

    U. Jaremba (Urszula)

    2012-01-01

    textabstractThe study seeks to provide a better understanding of the way civil judges of lower courts in Poland – a relatively new Member States of the EU - behave in the context of EU law and, moreover, to explain how the national judges adapt to the new legal circumstances created by the law of th

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

    DEFF Research Database (Denmark)

    Holm, Claus

    2014-01-01

    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...

  20. 民法法系中的律师与体育法%Lawyers and Sports Law in Civil Law

    Institute of Scientific and Technical Information of China (English)

    意弗朗切斯科·德尔芬尼; 赵毅; 钟旻桔(译)

    2014-01-01

    体育法是民法法系与普通法系在法律实践上融汇的领域。两大法系尽管存在着法律传统和法律思维上的差别,但法律实务的现实要求却跨过了这种隔阂。民法法系的体育法律师更需注意到这种两大法系的融汇趋势,从而在类似于体育赞助合同这样的体育法实务操作中汲取普通法的经验。%Sports law is a legal field with a convergence between civil law and common law legal practice .Although civil law and common law has fundamental differences in legal tradition and thinking method ,the development of legal practice demands a break of the differences .The lawyers of sports field should pay much attention to the tendency of convergence of the two legal traditions .In cases like sports sponsorship agreement ,lawyers of civil law may benefit from the experience of common law experience .

  1. 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…

  2. 民法与商法的关系及民商法立法模式研究%Study on the civil law and commercial law legislative mode and the relationship between civil law and commercial law

    Institute of Scientific and Technical Information of China (English)

    迪力努尔·阿力木

    2013-01-01

    The civil law and commercial law are very important to our laws, which restrains the life of people, the relationship between them in the field of legal research is always the hot topic. The relationship of people and their views are not consistent, can be said that everyone can say a few words. The law with the development of society and economy and the passive to reform and adapt to the society, so the different laws in different times have different relations. In this paper, the relationship between civil law and commercial law are discussed, and the mode of legislation on civil and commercial law to carry out the research, make the only contribution to more and more people know the law and the law of our country enterprise.%民法与商法都是我国非常重要的法律,对人们的生活起着约束作用,它们之间的关系在法律研究领域中从来都是引人热议的话题。对于它们的关系人们的看法并不一致,可以说人人都能说上几句。法律会随着社会和经济的发展而被动做出改革进而适应这个社会,因而不同的法律在不同的时代也会有着不同的关系。本文就民法跟商法之间的关系进行了探讨,并且对民商法的立法模式展开了研究,为更多的人认识法律和我国的法律事业做出应有的贡献。

  3. Common Law vs. Civil Law: Which System Provides More Protection to Shareholders and Creditors and Promotes Financial Development

    OpenAIRE

    Sarkar, Prabirjit

    2011-01-01

    This study re-examines the theory of legal-origin on the basis of a new longitudinal dataset for four OECD countries (UK, USA, France and Germany) over a long time span 1970-2005. It observes that the civil law countries (France and Germany) provided better minority shareholder protection and creditor protection relating to debtors’ control while the common law countries (UK and USA) provided better creditor protection relating to credit contract and insolvency. Through dynamic panel data mo...

  4. On the Criminal Law before the Civil Law%为“先刑后民”正名

    Institute of Scientific and Technical Information of China (English)

    陈愿峰

    2014-01-01

    The criminal law before the civil law means one case contains two kinds of criminal and civil legal relationship,which is a cross relation, while the court deals with the criminal offence firstly, and then the civil liability, another idea is the court deals with the two relations at the same time. It comes from the system of civil suit collateral to criminal proceedings. By comparing the responsi-bility for the consequences of criminal and civil, the burden of proof and the standard of proof , it is confirmed the criminal law before the civil law.%“先刑后民”是指一个案件中同时有刑事和民事两种法律关系,两者是一种交叉关系时,法院先对刑事犯罪进行审理,再对涉及的民事责任进行审理,或者在审理刑事犯罪的同时,附带审理民事责任的诉讼程序原则。其来源于刑事附带民事诉讼制度,通过对比刑事和民事的后果承担、举证责任以及证明标准方面的不同对其必要性进行了论证,从而为“先刑后民”正名。

  5. 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

  6. [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. PMID:15272484

  7. French civil law aspects of international sales of oil

    International Nuclear Information System (INIS)

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

  8. Changing trends in mental health legislation: anatomy of reforming a civil commitment law.

    Science.gov (United States)

    Aviram, U; Weyer, R A

    1996-01-01

    In this article, we discuss changing trends of mental health legislation in the United States using a case study of the process of reforming the civil commitment law in New Jersey. That state's new commitment law, commonly called the "screening law," was enacted after a thirteen-year legislative process. Changes in the orientation of the proposed legislation and the dynamics of the process of reforming the commitment law in the state exemplify changing national trends in civil commitment legislation. We consider how the proposed legislation shifted in emphasis from a strong civil libertarian orientation to a social service approach. We assess the role of various interest groups, their negotiations, and the compromises that emerged. Our analysis of the process shows that changes in the social and political environment were the decisive factors that stimulated the process of reforming the civil commitment laws. Many of these changes occurred outside the mental health system and could be neither anticipated nor controlled by the various parties. Our examination of the process and the final outcome of this legislation reveals how organizations and interest groups, in their efforts to adapt to changing conditions, shaped the legislative outcome according to their interests. PMID:8892006

  9. CIVIL AND CRIMINAL RULES OF THE BABYLONIAN LAW

    Directory of Open Access Journals (Sweden)

    Ion Tutuianu

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Claudiu Răzvan DEDU

    2015-07-01

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

  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. Delays in Medical Malpractice Litigation in Civil Law Jurisdictions

    DEFF Research Database (Denmark)

    Grembi, Veronica; Garoupaa, Nuno

    2013-01-01

    reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction...... of delays does not seem to be related to legal reforms but rather explained by other factors....

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

    International Nuclear Information System (INIS)

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

  14. The paradoxical increase in involuntary admissions after the revision of the Civil Commitment Law in Belgium.

    Science.gov (United States)

    Lecompte, D

    1995-01-01

    The revision in 1990 of the Mental Health Commitment Law in Belgium, which was initially intended to decrease the use of civil commitment, has resulted in a paradoxical increase in involuntary hospital admissions. To understand the reasons for this increase, the relative importance of the various factors involved, notably the criteria of mental illness, dangerousness and clinical treatability, is examined. PMID:7666748

  15. [About the necessity of neuropsychological assessment in the civil law].

    Science.gov (United States)

    Radziwiłłowicz, W; Radziwiłłowicz, P

    2000-01-01

    Giving expert opinions within legal psychiatry in civil cases requires more and more strict co-operation of expert psychiatrists with psychologists. Assessment of the cognitive functions with the help of neuropsychological methods is an important diagnostic element that leads to giving the right opinion. The most frequent reasons for appointing experts in psychiatry and psychology are disorders of cognitive functions as a result of various brain injuries. Dementia syndromes are particularly often subjects of doubts in preparing expert opinions as they must be distinguished from other organic dysfunctions and from the age--associated memory impairment. Considering the evidence value the most important thing is to assess all the objective data included in the medical records and subsequently to assess the testimony of the witnesses Usually people from legal circles and families of the people who make declarations of will overvalue the importance of additional examinations. Those examinations are important but they do not settle the patient's psychic state because the decisive factor is not the kind of somatic disease but the influence of that disease on the psychic state. The neuropsychologist's role in giving medical statements is going to increase together with the tendency to objectivization and qualitative assessment of intensification of respective disorders of cognitive functions when examining patients in order to give expert opinions. PMID:11055184

  16. Under the rainbow : the Civil Union Law and sexual minority activism in Buenos Aires, Argentina

    OpenAIRE

    2008-01-01

    The subject of this thesis is the implementation of the Civil Union Law in Buenos Aires, Argentina. The law was the first one in Latin America to recognize same-sex couples. The law is a result of changing conceptions of homosexuality in Argentina during the last few decades. In this time period Argentina has made the transition from an oppressive dictatorship to democracy. Argentina’s recent history has brought about a public awareness about human rights and the AIDS epidemic generated a pub...

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

    OpenAIRE

    Silvia Cristea

    2014-01-01

    This article deals with the legal status of pledge, in view of the new romanian civil code. Besides regulation, definition and subject collateral (section 1,2 and 3), the focus of the analysis is on the institution dispossession of assets, which marks the time difference between pledge and mortgage (section 4).Original in the doctrinal approach is the analysis of pledge in different systems of law (French law and Canadian law, in section 5). If the purpose of the legislature was that the Roma...

  18. Liability according to civil law regarding border-crossing nuclear damage

    International Nuclear Information System (INIS)

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

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

    Science.gov (United States)

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

    2010-02-01

    This article describes the case of a 58-year-old man who asked for an assessment of physical damage of a civil nature, having been diagnosed with chronic hepatitis C for which he blamed a blood transfusion, supposedly contaminated with hepatitis C virus (HCV). After studying the documentary information, a number of presuppositions were drawn up with a view to determining the causal nexus, but this could not be proved. The assessment of situations like this is not common in civil law. This article is intended to add to the body of information on the forensic assessment of similar cases. PMID:20129431

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

    Science.gov (United States)

    Gallagher, Steven B

    2014-12-01

    A United Kingdom bereavement advice group has expressed concern that hospitals in Britain may be acting "illegally" in refusing to release dead bodies to relatives unless they provide evidence that funeral arrangements have been made. In some cases, hospitals may have refused to release a body to anyone other than an undertaker. The charity argues that this behaviour constitutes the common law offence of preventing the lawful burial of a body. This article considers the confusion that may occur between this offence and interference with the right to possession of a body for lawful burial. The conclusion is that it is extremely unlikely a hospital or its employees would fall foul of the criminal law in refusing to release a dead body and may be liable in the civil courts if they release a body to someone who does not have the duty and consequent right to possession of the body for lawful burial. PMID:25715539

  1. 66 Years of the Chicago Convention on International Civil Aviation - New Trends in the International Law of the Air

    OpenAIRE

    Krasnicka, Izabela

    2010-01-01

    The international law of aviation (law of the air) is one of the most dynamic fields of public international law. The Chicago Convention on International Civil Aviation dates back to 1944, and is still the fundamental set of rules regarding the use of air territory of the states. However, a growing number of bilateral, multilateral and regional agreements dedicated to the civil aviation, especially international air transportation, must be taken into account. What used to be called a “Chicago...

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

    Science.gov (United States)

    Kawohl, Wolfram; Habermeyer, Elmar

    2007-01-01

    The free will debate widely exceeds the neuroscientific and philosophical fields due to profound implications for legislation, case law and psychiatric expert opinion. Data from Benjamin Libet's experiments on the readiness potential have been used as an argument against personal responsibility and for changes in the law. Due to the explicit use of the term "free will" in German civil law, the psychiatrist as an expert witness is confronted with this debate. In this article we outline the role of this crucial term in German civil law and we describe the neurophysiologic challenge in the form of Libet's experiments, which is led on three levels: the correctness of the data, the impact on the question of whether free will exists and possible consequences for the law. We conclude that the problem of free will cannot be debated on the basis of the data provided by Libet's experiments and that doubts about the existence of a free will must not lead to changes in the law or in psychiatric expert testimony. Therefore, advice for the psychiatrist as an expert witness is offered on the basis of a psychopathological approach that takes into account cognitive and motivational preconditions and the structure of values and personality. PMID:17393400

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

    Directory of Open Access Journals (Sweden)

    Nicolas Guillet

    2009-09-01

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

  4. Civil Law

    Energy Technology Data Exchange (ETDEWEB)

    1981-01-01

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

  5. 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.

  6. [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. PMID:25296472

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

    Science.gov (United States)

    Baudouin, Jean-Louis

    2006-01-01

    Civilian and common law judges differ substantially in their approach to the resolution of issues concerning bioethics and health sciences. Whereas the civilian judge will first take into account the legislative source, his common law counterpart will most probably first look at judicial precedents for guidance. In both systems, however, the legislative drafting technique differs substantially and has a direct impact on judicial interpretation of the law. Both systems also differ in the way that judicial decisions are drafted and rendered. In the common law tradition, judges draft their own opinion, leaving the possibility of dissent which, in turn, helps to better illustrate contentious issues and may have an influence on social awareness of difficult problems. Finally, in bioethics, legislation should be preferred if only for a question of social legitimacy, since decisions are then taken by elected representatives. However, this type of legislation should be subject to periodical review to better adapt its rules to the evolution of science and society. PMID:17902324

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

    Science.gov (United States)

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

    2016-03-18

    To improve health in the twenty-first century, to promote both access to and quality of health care services and delivery, and to address significant health disparities, legal and policy approaches, specifically those focused on civil rights, could be used more intentionally and strategically. This review describes how civil rights laws, and their implementation and enforcement, help to encourage health in the United States, and it provides examples for peers around the world. The review uses a broad lens to define health for both classes of individuals and their communities-places where people live, learn, work, and play. Suggestions are offered for improving health and equity broadly, especially within societal groups and marginalized populations. These recommendations include multisectorial approaches that focus on the social determinants of health. PMID:26789383

  9. 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. PMID:24826823

  10. 析民法中的物%An Analysis of the Things of the Civil Law

    Institute of Scientific and Technical Information of China (English)

    张颖娟; 王炳艳

    2015-01-01

    Since the German Civil Code came into being, the German Civil Code and countries which take it an example have the matter as a civil rights objects located in General Civil Code articles, reflecting the di-chotomy of thought and objects. Social development of the concept of the traditional civil law matter raises new challenges .Can Binary pattern adapt to the needs of social development? On the meaning of what materi-al should be interpreted? The present paper tries to grasp the significance level from the object of its context, systematic perspective to interpret its meaning, to provide a reference for solving real-life questions related matter.%自德国民法典已来,包括以其为榜样的国家均将物作为民事权利的客体设于民法总则篇中,体现了人与物二元划分的思想。社会的发展对传统民法中物的概念提出了新挑战,二元格局能否适应社会发展的需要?对物的涵义应作怎样的解释?从物的意义层次把握其脉络,以体系化的视角解读其涵义,为解决现实生活中有关物的疑问提供参考。

  11. [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. PMID:11068471

  12. Legal analysis at the Law for Civil liabilities by nuclear damage

    International Nuclear Information System (INIS)

    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)

  13. Information and the War against Terrorism, Part III: New Information-Related Laws and the Impact on Civil Liberties.

    Science.gov (United States)

    Strickland, Lee S.

    2002-01-01

    Reviews provisions of information-related laws in light of the September 11th attacks and their impact on civil liberties. Highlights include the USA Patriot Act of 2001; law enforcement and the ECPA (Electronic Communications Privacy Act); intelligence and the FISA (Foreign Intelligence Surveillance Act of 1978); implications for information…

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

    Energy Technology Data Exchange (ETDEWEB)

    Rest, A.

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

  15. 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.

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

    International Nuclear Information System (INIS)

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

  17. Chernobyl and the international liability regime. Aspects of international private law and civil law in accordance with the law of the USSR

    Energy Technology Data Exchange (ETDEWEB)

    Brunner, G.; Schmidt, C.

    1986-01-01

    The authors investigate whether Federal German citizens would have any success in claiming compensation for damage as a result of the Chernobyl reactor accident in a Soviet court, and the answer is positive in terms of substantive law. Actions would have to be filed against the AES at Chernobyl to the Chernobyl county court, which would examine the claims according to Soviet (Ukrainian) civil law, and taking into account two aspects of liability, namely strict liability, and liability in tort. However, it would indeed be more realistic to expect that any such action would be dismissed by the court upon the directive of political authorities, as the Soviet Government certainly would have no interest at all to give any foreign citizen the chance to win a case in such a politically significant matter. (orig./HSCH).

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

    OpenAIRE

    Camelia STOICA

    2013-01-01

    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 abus...

  19. [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. PMID:18283869

  20. Civil and Canon Law Issues Affecting American Catholic Higher Education 1948-1998: An Overview and the ACCU Perspective.

    Science.gov (United States)

    Harrington, Peter J.

    1999-01-01

    Discusses civil and canon law issues affecting U.S. Catholic colleges and universities over the past 50 years, including discussions of property ownership, corporate structure, institutional governance, eligibility for public financial assistance, and regulatory compliance. Uses the records of the Association of Catholic Colleges and Universities…

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

    Science.gov (United States)

    Dhand, Ruby

    2016-01-01

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

  2. Dogmatics of the Civil Law%民法教义学

    Institute of Scientific and Technical Information of China (English)

    尼尔斯·扬森(Nils Jansen)[德][著; 朱晓喆; 沈小军(译)

    2016-01-01

    民法教义学的目标在于,以科学方法有序和稳固地重构现行私法,尤其意味着:体系思维。在这个意义上,教义学可以定义为“一个语句的体系”,这些原理在概念—体系上贯穿现行法,进而将其归结为一些抽象的制度,以便引导法律的适用。法教义学可以稳定法律论证特定的概念、体系或其他被普遍认可的前提;它建立起一些有约束力的基本概念、表达模式和秩序观念——也就是关于法律论证的标准。%The goal of the Legel Dogmatics in Civil Law is to reconstruct existing private law in an orderly and stable way,especially with systematical thinking. In this sense,the dogmatics can be defined as“a system of principles”. These principles go through current laws in a concept-system formate,and then attribute to some abstracted institutes,in order to guide the legal application. Legel Dogmatics stablizes the argument of specific legal concepts,systems or other generally accepted premises. It also sets up some binding basic concepts,expression models and perceptions of order,which are standards of legal argument.

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

    Science.gov (United States)

    Grembi, Veronica; Garoupa, Nuno

    2013-10-01

    Medical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction of delays does not seem to be related to legal reforms but rather explained by other factors. PMID:23360807

  4. 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)

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

    Energy Technology Data Exchange (ETDEWEB)

    Di Vita, Giuseppe [Faculty of Law, University of Catania, Via Gallo no. 24, 95124 Catania (Italy)], E-mail: gdivita@lex.unict.it

    2008-10-15

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

  6. Differences in pollution levels among civil law countries. A possible interpretation

    Energy Technology Data Exchange (ETDEWEB)

    Di Vita, Giuseppe [Faculty of Law, University of Catania, Via Gallo no. 24, 95124 Catania (Italy)

    2008-10-15

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

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

    International Nuclear Information System (INIS)

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

  8. Regulating the Procedure of Judging the Appeal in the Civil Law Suit in the Draft Civil Procedure Code

    OpenAIRE

    Alexandrina ZAHARIA

    2010-01-01

    The present study aims at analyzing the dispositions regarding the appeal, as presented in the present form of the Civil Procedure Code2, motivated by the fact that recently, the Ministry ofJustice has launched a public debate on “The strategy of developing justice as a public service 2010-2014” in which it proposes a set of measures on the functioning of the judicial system and theconsolidation of justice independence and integrity. The Ministry of Justice will advance this document of great...

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

    International Nuclear Information System (INIS)

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

  10. [Civil and criminal laws regarding the donation, removal and transfer of organs (Transplantation Law) in Germany with respect to administrative and clinical autopsies].

    Science.gov (United States)

    Dufková, J

    2000-07-01

    In the Federal Republic of Germany, transplantation medicine, which is relatively young and still developing, is now regulated by the law governing the donation, removal and transfer of organs (Transplantation Law--TPG) of 05. 11. 1997 and has been given a legal basis which satisfies even present-day standards. By evaluating the highly personal rights to potential organ donor and of his next-of-kin against the interests of maintaining life and health of others, the law works along the lines of the so-called extended consent solution. The basic civil law stipulations of sections 3 + 4 TPG, while protecting the donor's individual freedom of decision, give his next-of-kin or trusted confidant at or immediately following death the right to communicate his presumes wishes. In addition, it must be stated that through recent decisions handed down by the Federal Constitutional Court (Bundesverfassungsgericht) in response to various complaints, this regulation has been recognised as conforming to constitutional laws. The basic content of the penal regulations states that violations of civil law rules and trafficking in organs are an offence. Current disclosed requirements for suitable donor organs, in particular for 1998, make it appear likely that the current deficit can be eliminated by the introduction of the organisational measures contained in the law. In conclusion, the situation with regard to autopsy should be addressed since, in contrast to the federal transplantation law which applies to all states, autopsy is regulated differently and, from a legal-political standpoint, unsatisfactorily by each individual state. It is desirable that this legal ambiguity be corrected by standardising the inconsistent and at times non-existent legal stipulations. PMID:10974752

  11. Discussion of the law to be applied in actions for damages and actions to restrain interference under civil law, as a consequence of transfrontier environmental pollution

    Energy Technology Data Exchange (ETDEWEB)

    Lummert, R.

    1982-01-01

    According to the unwritten rules of the German international law of torts, the law to be applied in such cases is the lex delicti commissi. The place of tort is defined to be both the place where the unlawful act was committed, as well as the place where the consequences of such an unlawful act become effective. Thus, in transfrontier pollution, this rule offers the possibility of applying either the law applicable at the first place, or at the latter. In practice, always the law being most favourable with regard to the claim to be enforced is chosen. In this context, the question as to what extent the licence for a plant, issued under public law is contrary to a claim to be enforced under civil law can be a question of great significance. In order to improve this ambiguous situation in terms of law and politics, international conventions in this subject field ought to clearly define the law to be applied in cases of dispute.

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

    Directory of Open Access Journals (Sweden)

    Carlos Nelson Konder

    2015-04-01

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

  13. 公务员惩戒制度--中德公务员法的比较分析%Disciplinary Law of Civil Servants-A Comparitative Analysis of Sino-German Civil Servant Law

    Institute of Scientific and Technical Information of China (English)

    Matthias Goebel

    2014-01-01

    In regard to civil servant disciplinary action, the Chinese“Civil Servant Law” instituted a certain degree of regulatory standardization. However, in comparison to the German“Federal Disciplinary Law” and“Federal Civil Servant Law”, the current Chinese legislation appears to be rather generic and lacks a sufficient degree of practicability. Especially regarding some basic rights of the investigated civil servant during the course of disciplinary action (as e.g. participation in the investigation, access to files, right to a lawyer etc.),there is no specific regulation in the Civil Servant Law. Overall, the civil servant in China appears to be rather passive, lacking any possibility for active participation. In order to ensure the right’s protection of the investigated civil servant as well as to increase the objectivity of the process, some specific protective institutes in the German law might be considered in the future legislative adaptions of the“Civil Servant Law”.%针对公务员惩戒制度,中国《公务员法》进行了一定范围的法律规范。但与德国《联邦惩戒法》、《联邦公务员法》中的相应制度安排相比,中国目前的规定较为抽象并缺乏可操作性。尤其是针对公务员在惩戒程序中的部分基本权利,例如查看档案权、参与调查权、委托律师权等,《公务员法》均未作出规定。从整体上看,中国制度下的公务员在程序中的角色过于被动,几乎无机会主动参与调查环节。为了确保被惩戒公务员合法权利的保障并提高整体程序的客观性,可考虑将德国法律中部分具体权利保障制度纳入到《公务员法》今后的修订范围当中。

  14. The social function of contract law in Brazilian Civil Code: distributive justice versus efficiency – lessons from the United States

    OpenAIRE

    Timm, Luciano Benetti

    2008-01-01

    The purpose of this paper is to describe the current status in Brazilian legal scholarship with regard to the interpretation of Section 421 of the new Civil Code that provides for respect of the social function of contracts. This is normally identified with the paternalist model of contract law and its idea of distributive justice, typical from the Welfare State legislation and policy. Second, the paper suggests a critical reading of this quasi consensus that is coming up among Brazilian juri...

  15. Energy price control. An investigation of the price regulations at different energy markets under the energy industry law, German law, European law and under the general civil law; Energiepreiskontrolle. Eine Untersuchung der Entgeltkontrolle auf den verschiedenen Energiemaerkten nach Energiewirtschaftsrecht, deutschem und europaeischem Wettbewerbsbeschraenkungsrecht und allgemeinem Zivilrecht

    Energy Technology Data Exchange (ETDEWEB)

    Karb, Manuel

    2011-07-01

    The book under consideration reports on the price controls at the electricity and gas markets under the energy industry law, German law, European law and under the general civil law. The price control should be pursued with caution with respect to the desired competition in the energy markets.

  16. 市民社会与现代法律的基本理念%Civil Society and Basic Concepts of Modern Law

    Institute of Scientific and Technical Information of China (English)

    张德琴

    2014-01-01

    从总体上看,保护财产私有权、契约自由权、公民平等权这三大现代法律制度的基本原则,是现代法律的基本理念的具体体现和主要内容。私法与市民社会有一种与生俱来的内在亲和关系,现代法律的基本理念源于市民社会,又表达了市民社会的内在要求,因而现代法的精神实质上就是私法的精神。在法制现代化的过程中,国家和市民社会是其内在的双重推动力。%This paper brielfy analyzed the civil society and then explores the basic concept of modern law, civil society and the spirit of western private law. Generally speaking, protecting ownership to private property, freedom of contract and civil right of equality is the concrete embodiment of modern law. Private law and civil society have an innate afifnity. The basic concept of modern law originated from civil society and expresses the demands of civil society. Therefore, the spiritual essence of modern law is the spirit of private law.

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

    International Nuclear Information System (INIS)

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

  18. 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

  19. Discussion on the Development and Perfection of Our Civil Law Basic Principles%议我国民法基本原则的发展及完善

    Institute of Scientific and Technical Information of China (English)

    李海泳

    2011-01-01

    《法国民法典》确立了近代民法的基本原则,而《德国民法典》又将近代民法基本原则发展。民法的基本原则随时间和社会发展不断在调整和完善。中国1986年的《民法通则》所规范的基本原则有局限性和滞后性,应进一步发展和完善。%France civil law gives us the basic principles of the civil law in modern times,German civil law made them better.The basic principles of the civil law is becoming better day by day.In China,the civil law ’s basic principles have many weaknesses.The article discusses the development and perfection of the civil law ’s basic principles these years.

  20. Tratamiento ambulatorio involuntario de carácter civil: Una revisión Involuntary outpatient treatment in civil law: A review

    Directory of Open Access Journals (Sweden)

    G. Portero

    2010-06-01

    Full Text Available En este artículo se analiza el tratamiento ambulatorio involuntario (TAI en España. También hacemos un breve repaso de él en el derecho internacional. En España no hay una legislación explícita del TAI, pero en el año 2004 el grupo parlamentario CIU (Convergencia i Unió propuso una modificación del articulo 763 de la Ley de Enjuiciamiento Civil para autorizar el TAI. Surgió así uno de los temas más controvertidos sobre la salud mental de los últimos años estando aún sin resolver. Hay tres posiciones sobre el TAI: aquellos que argumentan a favor, los que argumentan en contra y los que consideran que no es necesaria una nueva legislación. Muchos profesionales esperan que el Tratamiento Asertivo Comunitario (TAC minimice el denominado "síndrome de puerta giratoria". En España, el Sistema Nacional de Salud recomendó en el año 2006 este tratamiento.In this article, the Involuntary Outpatient Treatment (IOT in Spain is analized. Also we briefly summarize the international law about it. In Spain there is not explicit legislation about OIT, but in 2004 the Parliamentary Group of CIU (Convergencia i Unió proposed a modification of the article 763 of the Law of Civil Judgement to explicitly authorising the OIT. This arose one of the most controversial issues in mental health in the last years and nowadays it is not yet solved. There are three positions about de OIT: Those who argument for OIT, those who argument against, and those others who consider unnecessary new legislation. Many professionals hope that Assertive Community Treatment minimize the so-called "revolving door syndrome". This treatment was recommended in 2006 by The National Health System in Spain.

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

    International Nuclear Information System (INIS)

    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.)

  2. The reasonable time of the process in the brazilian law and the new Civil Procedure Code: progress and setbacks

    Directory of Open Access Journals (Sweden)

    Elaine Harzheim Macedo

    2015-06-01

    Full Text Available This paper aims to examine the legal nature assumed by the reasonable duration of the institute process in Brazilian law. It is observed initially that the search for a speedy process is not new and that the idea entered in Brazil before the enactment of the Constitution of 1988. Subsequently the three main constitutional classifications that point the institute as rule, principle and rule-principle are sorted out. Later, the institute is analyzed under the infra perspective, especially from the perspective of the new Civil Procedure Code, with the close analysis of the contributions of the new procedural law to increase the speed of the process. Above all, the unremovable need for fixing clear conceptual beacons that define the reasonable duration of the process enabling the realization of its effectiveness in the daily lives of jurisdictional emerges.

  3. TO THE QUESTION ABOUT THE ESSENCE OF THE LEGAL CATEGORY "CIRCUMVENTION OF THE LAW" IN MODERN CIVIL LAW

    Directory of Open Access Journals (Sweden)

    Veter N. Y.

    2014-12-01

    Full Text Available The article studies the questions of the essence and the legal nature of the legal category of “abuse of right” and “circumvention of law”. On the basis of the study the article presents the author's notion of circumvention of law as a form of abuse of the right

  4. LOS ÚLTIMOS AVANCES EN LA CODIFICACIÓN DEL DERECHO CIVIL CHINO THE LASTEST DEVELOPMENTS IN THE CODIFICATION OF CHINESE CIVIL LAW

    OpenAIRE

    Lihong Zhang

    2009-01-01

    I. Introducción: breve historia y situación actual del Derecho Civil chino: A. Los Principios Generales de Derecho Civil (PGDC); B. Las leyes especiales, civiles y comerciales, y las disposiciones de Derecho Público (fundamentalmente administrativas) reguladoras de relaciones civiles o comerciales; C. Las interpretaciones judiciales. II. Los últimos avances en la codificación del Derecho Civil chino: A. Debates sobre la estructura de un futuro Código Civil de China; B. Proyecto de Código Civi...

  5. The "Hiyat" Use In The Civil Process Within The Islamic Law

    OpenAIRE

    Nina V. Volodina

    2015-01-01

    In the article the legal "hiyat" are considered in the civil process within the Islamic right. A ban in the Islamic right defines validity of transactions, establishing their borders under certain conditions. The main ban thus is the ban of "rib". It is noted that financial instruments and schemes in the Muslim states keeping the operating Islamic right are constructed on" hiyat".

  6. Teaching about Gay Civil Rights: U.S. Courts and the Law

    Science.gov (United States)

    Bailey, Robert W.; Cruz, Bárbara C.

    2013-01-01

    In this article, the authors explore the timely and sometimes controversial topic of gay civil rights and how the attendant issues might be taught in the social studies classroom. Many teachers shy away from teaching students about gay rights issues for a variety of reasons including personal beliefs, a lack of instructional time as a result of…

  7. The Law of Special Education in the United States and England: Civil Rights and Public Duties.

    Science.gov (United States)

    Allen, Tom

    1996-01-01

    Examines the law of special educational needs in the United States and England, focusing on local authorities' power to determine provision levels. American courts have closely linked education and equality; constitutional law concentrates on the child's legal rights. The English system does not recognize a right to education or equal access to…

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

    Energy Technology Data Exchange (ETDEWEB)

    Roewer, H.

    1988-01-01

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

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

    International Nuclear Information System (INIS)

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

  10. Ancien regime...incoming future (suggestions about civil law codification and regarding landscape and cultural heritage

    Directory of Open Access Journals (Sweden)

    Valerio Visco

    2006-02-01

    Full Text Available The goal of this short communication is to analyse, through the vicissitudes experienced by our Civil Code during the last years because of the springing up of the regulations strictly connected to it, and of its relevant set of erudite and jurisdictional interpretations, and the risks that a codicillary compilation can run of, in case the lawmaker does not follow the guidelines got by the age-old jurisdictional science experience. The above-said analyse, besides underlining a general problem, aims at expressing a warning and a call for protection about the more sectorial field of the Landscape and Cultural Heritage legislation, according to the nomenclature adopted by the Civil Code issued through the Legislative Decree N. 42, dated on January 22nd, 2004.

  11. Rights, Responsibility, Law and Order in 21st Century’s Civil Disobedience

    OpenAIRE

    Collins Udeh

    2014-01-01

    This article seeks to examine and consider- albeit in outline – the nature of an individual’s rights, responsibility and obligation to obey valid law. The fundamental question in this regard lies in the extent to which citizens should be coerced into obedience to unjust laws´ for example; if the law in question deprives them of their human rights. The study therefore, attempts to answer the following questions on the chosen subject: Are there an absolute right, responsibility and obligation t...

  12. Civil liability - aspects of the law n0 6.453 of 1977

    International Nuclear Information System (INIS)

    The nuclear damage liability in the Brazilian legal scope is discussed. The law n0 6.453 of september 1977, which characterizes the nuclear activities criminal illicits and prescribes the correspondent penalties, is analysed. (A.L.)

  13. Civil liability - aspects of the law No. 6. 453 of 1977. [Brazilian legislation

    Energy Technology Data Exchange (ETDEWEB)

    da Rocha, L.M.G. (NUCLEBRAS, Rio de Janeiro (Brazil))

    The nuclear damage liability in the Brazilian legal scope is discussed. The law n/sup 0/ 6.453 of september 1977, which characterizes the nuclear activities criminal illicits and prescribes the correspondent penalties, is analysed.

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

    OpenAIRE

    Kati Nieminen

    2015-01-01

    Civil disobedience is often seen as a political statement whilst conscientious objection is understood as a private matter. This article discusses real-life acts of disobedience in the case law of the European Court of Human Rights. The emphasis is on the argumentative strategies by which the potential for profound social change can be neutralised in legal argumentation. The cases discussed here concentrate on Turkey and represent acts of conscientious objection and civil disobedience. The ma...

  15. The evaluation of so-called take-or-pay clauses with respect to the civil law; Die zivilrechtliche Beurteilung sog. ToP-Klauseln

    Energy Technology Data Exchange (ETDEWEB)

    Lange, Knut Werner [Bayreuth Univ. (Germany). Lehrstuhl fuer Buergerliches Recht, deutsches and europaeisches Handels- und Wirtschaftsrecht

    2012-10-15

    In the general transits of goods take-or-pay clauses between companies (business-to-business) are not common. Depending on the arrangement of these take-or-pay clauses in an actual single case, the purchaser is obliged to pay the price for a fixed quantity independently from receiving the goods. The evaluation of take-or-pay-clauses with respect to the civil law has not been considered intensively up to now. This includes their legal classification, their efficiency regarding to the civil law and their reliability as a part of the general terms and conditions of the supplier. A judicature of the supreme courts on this topic is missing. Only a few partly contradictory literature contributions are available. Under this aspect the author of the contribution under consideration reports on an evaluation of so-called take-or-pay clauses with respect to the civil law.

  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. 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...

  18. Massachusetts high court supports use of civil rights law to bar blockades.

    Science.gov (United States)

    1994-04-15

    In a 4-3 opinion issued on April 11, the Supreme Judicial Court of the Commonwealth of Massachusetts affirmed a lower court order preventing anti-choice activists from blocking access to a facility providing abortion counseling or services. Granted under the Massachusetts Civil Rights Act, the injunction also prohibits using force against anyone entering, leaving, or working at such a location (see RFN II/22). Several health care providers and pro-choice organizations obtained a preliminary injunction in 1989 against trespassing or blockading at specific clinics. The following year, the Commonwealth of Massachusetts intervened in the case and was granted a similar statewide order by Superior Court Judge Peter Lauriat. Upholding application of the civil rights statute in this context, the Massachusetts Supreme Judicial Court found that the trial court "properly concluded that the defendants' conduct constituted threats, intimidation, and coercion" of women seeking to exercise their constitutional right to choose abortion. Moreover, the state High Court held that the trial court "did not abuse its discretion in denying disclosure of the identities of the women affected by the defendants' conduct." Anti-choice activists had claimed they needed to question patients to show that blockades--not threats, intimidation, or coercion--caused them to delay their abortion procedures. Congratulations to John Henn of Foley, Hoag and Eliot of Boston, who represented plaintiffs in Planned Parenthood League of Massachusetts v. Blake. CRLP's Janet Benshoof, Catherine Albisa, and Priscilla Smith filed an amicus brief in the case (see RFN II/22). PMID:12318701

  19. Civil law as an instrument of environmental policy. Das Zivilrecht als Instrument der Umweltpolitik

    Energy Technology Data Exchange (ETDEWEB)

    Geisendoerfer, U.

    1989-05-01

    The author states his views as follows: 1. More rigid environmental liability regulations will not improve environmental protection. 2. Present legal provisions do not help to distinguish between ubiquitary environmental damage and individual damage. 3. Restitution measures within the public interest must be implemented on the basis of public law. 4. The introduction of strict environmental liability would be helpful. (orig./HSCH).

  20. On the Term of 'Working Papers' in Russian law of Civil Engineering

    OpenAIRE

    Igor N. Polovtsev

    2012-01-01

    The article examines the term of 'working papers' and their role in the construction process. The term of 'working papers' is analysed as applied in laws and other legal acts. The author thinks it necessary for the legislators to give a precise definition of the term

  1. Quantifying the Economics of Medical Malpractice: a view from a civil law perspective

    NARCIS (Netherlands)

    S.I. de Carvalho Amaral Garcia (Sofia Isabel)

    2011-01-01

    textabstractLife is full of uncertainties. Legal rules should have a clear intention, motivation and purpose in order to diminish daily uncertainties. However, practice shows that their consequences are complex and hard to predict. For instance, tort law has the general objectives of deterring futur

  2. [The civil law liability in radiology. An analysis of the administration of justice].

    Science.gov (United States)

    Resch-Holeczke, A; Ofner, H; Schima, W; Imhof, H

    1995-01-01

    This study comprises 76 published judgments by German and Austrian civil courts between 1966 and 1993 concerning liability in the field of radiology. There has been a marked increase in the number of legal proceedings in the 1980's and even more so in the second half of this decade. This is due to an increased tendency to sue doctors without any legal cause in the hope of possible compensation. In 40.8% of the cases the doctor was held liable and required to compensate the patient for personal injury and suffering pain. Most of the cases were related to complications during the examination procedure. The reason most frequently cited by the courts for sentencing doctors was the fact that they did not previously inform the patient adequately about the examination and its possible consequences. PMID:7841404

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

    OpenAIRE

    Eugenia Florescu

    2012-01-01

    A large part of the wealth is invested in securities, which circulate through documents or specific scriptural records that are located in the memory of the computer. These magnetic or paper-made "supports", received different names, in law and in doctrine: debt securities, securities, negotiable instruments or commercial securities, equity securities, bearer bonds, financial instruments, transferable securities, stocks, bonds, bill, promissory note, check, et al. These expressions used by th...

  4. International Law, the Civilizing Mission and the Ambivalence of Development in Africa: Conceptual Underpinnings

    OpenAIRE

    Forji, Amin George

    2013-01-01

    International law, past and present has had to constantly wrestle with striking a balancing act between legality and imperialism. Following the Agrarian and Industrial revolutions, European1 economies increasingly witnessed profound boosts in productivity and net output beginning from the 17th century. By the start of the 19th century when explorations and discoveries were the currency of the day, European powers increasingly saw the acquisition of Africa as crucial to satisfy its economic im...

  5. Suicide cases in civil law: do the legal tests make sense?

    Science.gov (United States)

    McClung, M

    1990-01-01

    The legal 'tests' for suicide liability in negligence and workmen's compensation law have developed along parallel, but not identical, lines to the tests for criminal responsibility. Current legal precedent has shifted the focus from cognitive awareness and irresistible impulse theories to the ability of a negligent act or injury to cause an abnormal mental state. The courts, in their variable interpretation of these mental state tests, leave no clear guidelines for the psychiatric expert asked to address suicidal behavior from the standpoint of responsibility. PMID:2149661

  6. 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. PMID:22558899

  7. 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.

  8. Lawyers cum Economists: Did they bring about law & economics?¡ª¡ªGierke, Schmoller, and the German Civil Code

    OpenAIRE

    J¨¹rgen G. Backhaus Lic. Jur.

    2011-01-01

    This essay traces the question whether the key figures in the development of Law & Economics have been both lawyers and economists, or whether they rather were one or the other and the field emerged from close cooperation, partially in order to find out how to institutionally organize Law & Economics studies. A defining moment in the history of Law & Economics was the genesis of the German Civil Code of 1900, which profoundly changed shape due to the interaction of the lawyer Otto v. Gierke a...

  9. Energy evaluation on bounded nonlinear control laws for civil engineering applications

    Science.gov (United States)

    Gattulli, Vincenzo

    1994-09-01

    In the last decades researchers in the field of structural engineering have challenged the idea of facing natural hazard mitigation problems by adding to structures particular systems which are designed to protect buildings, bridges and other facilities from the damaging effects of destructive environmental actions. Among most protective systems and devices, active structural control, although having already reached the stage of full-implemented systems, still need theoretical investigation to achieve a complete exploitation of its capacity in reducing structural vibrations. In most of the operating systems (e.g. Soong and Reinhorn, 1993), linear control laws based on some quadratic performance function criteria are used since the design process for these linear strategies are fully developed and investigated. Moreover, the performances of structural systems controlled by linear techniques bring about some question concerning the complete and wise utilization of the capacity of control devices. Indeed, some of these inefficiencies are evident such as the inability to produce a significant peak response reduction in the first cycles of recorded or simulated time histories. (e.g. Reinhorn et al., 1993). Realizing that the expected maximum value for the required control force is a fundamental parameter in all processes to design the complete control system, in this paper it is shown that appropriate nonlinear control laws can significantly enhance the reduction of the system response under the same constraints imposed on the control force. Energy evaluation on the performance of different kinds of nonlinearities are reported such that a common base is built to perform comparative studies. These techniques have been successfully experimented on a structural model with ground excitations supplied by shaking table (e.g. Gattulli et al., 1994).

  10. Norms of environmental law as protective laws for the purposes of Article 823 Section 2 of the Civil Code; Normen des Umweltrechts als Schutzgesetze im Sinne des Para. 823 Abs. 2 BGB

    Energy Technology Data Exchange (ETDEWEB)

    Endres, A.

    1993-02-11

    It is essential that damages arising from behaviour that exploits the environment should entail an obligation on those responsible to make payment for damages. However, Article 823 Section 2 of the Civil Code only provides for this tenet of environmental law to a limited extent. The difficulties in applying Article 823 Section 2 of the Civil Code are due to the fact that it does not define the offence in question. The cogent requirements of the liability law applicable to tortious acts define down to the last detail the design of any protective law contained in environmental administrative law. Therefore only few regulations of environmental administrative law can on the strength of their status as protective laws lead to claims for damages pursuant to Article 823 Section 2 of the Civil Code. (orig./HSCH) [Deutsch] Es ist dringend erforderlich, dass Schaeden, die auf einem die Umwelt in Anspruch nehmenden Verhalten beruhen, eine Verpflichtung zur Leistung eines angemessenen Schadensersatzes in Geld zur Folge haben. Para. 823 Abs. 2 BGB erfuellt diesen Auftrag im Umweltrecht aber nur in einem relativ beschraenkten Umfang. Die mit der Anwendung des Para. 823 Abs. 2 BGB verbundenen Schwierigkeiten resultieren aus einer Tatsache, dass es sich bei ihm um einen offenen Tatbestand handelt. Die zwingenden Vorgaben des deliktischen Haftungsrechts legen dabei schon ganz genau fest, wie ein Schutzgesetz des Umweltverwaltungsrechts aussehen muss. Deswegen kann immer ein kleiner Teil der Vorschriften des Umweltverwaltungsrechts auch in seiner Eigenschaft als Schutzgesetz zu Schadensersatzanspruechen nach Para. 823 Abs. 2 BGB fuehren. (orig./HSCH)

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

    International Nuclear Information System (INIS)

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

  12. [Medical expert assessment in civil and criminal law--stand for evaluating medical expert assessment].

    Science.gov (United States)

    Kienzle, H F

    1996-11-01

    The standard for the assessment of the medical expert opinion is defined by the high demands expected from the judgement of a high court: Objectiveness, solid knowledge, self-criticism, in contestability in diction and firmness in the argumentation. From the legal point of view, the knowledge of the medical expert witness has to clearly go beyond the knowledge of his profession. The obligation for objectiveness is the basis of expert witness' activity. From the medical point of view, the physician has to take into account during the preparation of his expert assessment that structural deficiency of the personnel and surgical equipment of a department for surgery frequently plays a role due to the development of surgery to high tech medicine and the hospital physician cannot affect this. It is necessary for a physician as an expert witness to have basic knowledge about the evidence law and the medical liability process. On the other hand, judges and lawyers should basically know the medical way of thinking. PMID:9064929

  13. Effects of prices, civil and criminal sanctions, and law enforcement on alcohol-related mortality.

    Science.gov (United States)

    Sloan, F A; Reilly, B A; Schenzler, C

    1994-07-01

    Alcohol use has been linked to several causes of death. This study provides an empirical analysis of the effects of various public policies on mortality rates by state and year for the years 1982-88. Causes of death analyzed are: alcohol primary cause; traffic accident; homicides; suicides; falls, fires and other accidents; and contributory cause deaths (cancers of the alimentary tract). We find that increasing the price of alcohol decreases mortality rates for some of the causes, but not for primary cause deaths. Higher excise taxes on cigarettes reduce contributory cause mortality. Dram shop laws have negative and statistically significant effects not only on mortality rates from traffic accidents, but for several of the other causes. There is a need for further analysis to determine how these reductions are achieved. We find no evidence that imposing mandatory minimum jail terms, fines or license revocation for a DUI conviction affects alcohol-related mortality. However, increased police protection decreases mortality rates for several categories, especially homicides and traffic accidents. We find that imposing the death penalty reduces homicide rates. Reductions in alcohol-related mortality may be achieved by implementing a mix of public policies. No single policy is a panacea. PMID:7934053

  14. 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.

  15. 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.

  16. 学术史视域下的近代中国民商法学研究%Studies of Civil and Commercial Law in Modern China

    Institute of Scientific and Technical Information of China (English)

    李婧

    2014-01-01

    近代学者对民商法学之研究,就纵向角度而言,数量众多、视角多元;就横向角度而言,涌现出具有时代特征的若干代表作,如陈瑾昆的《民法通义总则》、戴修瓒的《民法债编总论》以及王宠惠的《比较民法概要》。这些著作构建了近代民商法学科,开启了现代民商法学的发展。总体而言,近代民商法学史具有三大特征:研究集中于基础理论问题,注重总则部分的探究;实体法和具体制度成为研究热点,程序法成果较少;国别研究、比较法研究是其一大特色。%The researches of civil and commercial law among modern scholars are abundant and of various perspectives if seen longitudinally, and there are representative works of distinctive characteristics of the time if seen horizontally, such as Gen-eral Principles of Civil Law by Chen Jin-kun, General Principles of Civil Debts by Dai Xiu-zan, and Summary of Comparative Law by Wang Chong-hui. These works have laid a foundation for the construction of the civil and commercial law. Generally speaking, the history of civil and commercial law in modern China is of three features. Firstly, the studies focus on basic theoreti-cal issues and general principles. Secondly, substantive laws and concrete principles are hot issues while procedural laws are kept in shadow. Thirdly, the studies of different countries and comparative studies are of great importance.

  17. Legalisation of Civil Wars

    DEFF Research Database (Denmark)

    Buhl, Kenneth Øhlenschlæger

    2009-01-01

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

  18. 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). PMID:26342285

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

    Energy Technology Data Exchange (ETDEWEB)

    Mutius, A. von

    1984-01-01

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

  20. 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.

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

    International Nuclear Information System (INIS)

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

  2. Management of A Lost Person’s Goods Until He Is Legally Accepted As Dead In The Islamic Law "In comparison With The Turkish Civil Code”

    OpenAIRE

    Ali Aslan TOPÇUOĞLU

    2004-01-01

    The laws concerning the lost people are still among the most important problems of our society today. Necessary precautions are taken both in Islamic law and Turkish Civil Code to prevent such ones from sustaining any financial loss. In this sense, their goods are not apportioned due to the probability that they may be alive, however, they are not accepted as an inheritor to a dying relative of theirs due to the probability that they may be dead. Also, the judge is granted the right to fix an...

  3. 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?

  4. Underground utilization of plots of land as a subject of civil law, mining law, energy law as well as environmental law. Also to the legal systematic integration of the storage of CO{sub 2}; Unterirdische Grundstuecksnutzungen als Gegenstand des Zivil-, Berg-, Energie- und Umweltrechts. Zugleich zur rechtssystematischen Einbindung der CO{sub 2}-Speicherung

    Energy Technology Data Exchange (ETDEWEB)

    Kuehne, Gunther

    2009-01-15

    Recently, the range of underground utilization of plots of land increases. Thereby, the relevant regulations of the mining law, energy law and environment law displace the civil legal allocation of the underground area to the real property. Different models of the separation of the underground utilisation of the real property are to be found. The newest underground utilization is the storage of carbon dioxide. The expected domestic regulation systematically has to seize all solutions. Already established mining-legal solutions are recommended in central questions.

  5. Book Review: R. Gregory Lande. Madness, Malingering, and Malfeasance: The Transformation of Psychiatry and the Law in the Civil War Era. Washington, DC: Brassey's Inc., 2003. Pp. xii + 231. $27.95. ISBN 1-57488-352-6

    OpenAIRE

    2007-01-01

    Book Review: R. Gregory Lande. Madness, Malingering, and Malfeasance: The Transformation of Psychiatry and the Law in the Civil War Era. Washington, DC: Brassey's Inc., 2003. Pp. xii + 231. $27.95. ISBN 1-57488-352-6

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

    DEFF Research Database (Denmark)

    Hartz, Emily

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

  7. The Expulsion of the Concept of Protection from the Consumer Law and the Return of Social Elements in the Civil Law: A bittersweet polemic

    OpenAIRE

    MICKLITZ, Hans-Wolfgang

    2012-01-01

    Consumer law started in the 1960s and 1970s as consumer protection law, meant to compensate for the risks and deficiencies of the consumption society which led to an enormous increase. The target of the first generation of national consumer law were the weak consumers, those who could not cope with the increased choice and the resulting risks. The argument here presented is that the European Union by taking over consumer legislation gradually but steadily changed the outlook, from consumer pr...

  8. 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. 

  9. 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,…

  10. Comparative evaluation of civil liability conventions on radioactive and oil pollution and liability under international law. Verhaeltnis der Zivilhaftungskonventionen fuer Atom- und Oelverschmutzungsschaeden zur voelkerrechtlichen Haftung

    Energy Technology Data Exchange (ETDEWEB)

    Hoche, A.

    1988-01-01

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

  11. MEETING POINTS BETWEEN THE TRADITIONS OF ENGLISH–AMERICAN COMMON LAW AND CONTINENTAL-FRENCH CIVIL LAW. Developments and the experience of postmodernity in Canada

    OpenAIRE

    Varga, Csaba

    2011-01-01

    The scale of globalisation witnessed in Canada - as exemplified by the treatment of (1) the transformation of the role of precedents; (2) the multicultural and multifactoral search for common solution instead of law-based administration of justice; (3) dissolving definition by and conclusion from the law under the aegis of legal socio-positivism; accompanied with (4) prerogatives acquired by courts to a) unfold statutory provisions through principles while judicial actualisation, (b) constitu...

  12. [Interactions between criminal justice and other areas of law from the viewpoint of the civil rights judge].

    Science.gov (United States)

    Rumler-Detzel, P

    1998-10-01

    More than in the past, patients are consulting lawyers to check medical treatment for malpractice. One of 10,000 city-inhabitants institutes proceedings for compensations. In the past, a charge was brought at the same time to achieve examination of patients records and to obtain an expert opinion at government expenses. Due to recent jurisdiction, the patient got the right to examine treatment records without the necessity to specify his reasons. Settlement institutions of the society of physicians of Germany facilitate an examination of a treatment procedure for mistakes without costs. Therefore, there is no more incentive for a charge to achieve compensations. The continuation of civil proceedings may not depend on the result of the investigation proceedings due to the different kind of evidence. The special duties of civil courts working with medical liability and expert opinions seem to show that civil proceedings are suited the best to clarify a dispute between physicians and patients. This also avoids to pillories the physician. PMID:9885177

  13. A critique of the Law Commission's report on injuries to unborn children and the proposed Congenital Disabilities (Civil Liability) Bill *

    Science.gov (United States)

    Kennedy, Ian; Edwards, R G

    1975-01-01

    The authors are members of the British Association Committee on Social Concern and Biological Advances. Following earlier discussions of legal and social problems arising from certain medical advances, they undertook, independently, to examine the Law Commission's study. PMID:1214266

  14. 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.)

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

    Directory of Open Access Journals (Sweden)

    Kati Nieminen

    2015-12-01

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

  16. 论我国民法典中债法总则的设立及其安排%On Construction and Arrangement of the General Part of Obligation Law in China's Civil Code

    Institute of Scientific and Technical Information of China (English)

    刘长秋

    2012-01-01

    On the issue weather should we set the there are different opinions in academic circle, an general part of obligation law in our country's Civil Code, d targeted legislation advices were put foward separately. General part of obligation law as the leading and guiding part for obligation law should be incorporated in Chi- na's Civil Code. It's not only be determined by the function of general part of obligation law but it is also demanded by the position of civil law in risk society and at the same time it is also the wise choice to absorb other's experience. In the future, in the process of civil law legislation we shall try to amend the relations among general part of obligation law, contract law and tort law so as to make the latter 2 ones the function of the general partm,but also the result determined by orientation of civil law in the society of venture.What's more, it's the choice for China's Civil Code to learn from other countries or regions. During the future legislation of Chi- na's civil law, the relationship between the general part of obligation law and counterpart of Contract Law as well as Tort Liability Law should be revised so that the latter should adopt with the demand of the general part of obligation law. In the future days of civil legislation we shall coordinate the relations among general part of obligation law, general part of contract and tort law thus make the latter 2 ones adaptable to general law of obligation law and even make necessary amendment to meet the general part of obligation law's need.%就我国民法典应否设立债法总则的问题,学术界存在否定说与肯定说两种针锋相对的观点,并各自提出了有针对性的立法建议。债法总则作为统帅债法规则并指导债法适用的总纲,应当为我国民法典所确立。这既是债法总则的功能使然,也是由风险社会中的民法定位决定的,而且还是我国民法典借鉴域外同类立法经验的理

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

    Science.gov (United States)

    Rosenberger, Rainer

    2007-01-01

    The legal standard of medical care is laid down in Sect. 276 of the German Civil Code (principle of due diligence). It applies to both contractual and tortious liability and likewise to the treatment of patients insured under the statutory health insurance scheme and self-payers. The legal standard of care conforms to the clinical standards because medical liability means medical professional liability. Liability law does not distinguish between different standards of care in the treatment of patients insured under the statutory health insurance scheme on the one hand and privately insured patients on the other. Changes in clinical standards immediately affect liability law without the need for formal adaptation of the legal standard of care. Liability law cannot claim more diligence than that owed from a medical point of view. Legislative changes that result in a lowering of medical standards (reduction in the quality of treatment) will have to be accepted by liability law, even if these are regulations pertaining to Social Law (SGB V, Book 5 of the German Social Code). In this respect, the principle of legal unity applies. In consideration of this kind of changes the due diligence requirements for the treatment of patients insured under the statutory health insurance scheme and privately insured patients remain basically equal. If these changes lead to an increase of risk for the patient, the resulting liabilities are not to be attributed to the therapist. What remains to be seen is whether there will be an increased attempt to minimise risk by "additionally purchasing health care services". PMID:18225404

  18. Civil Action Exercise Conditions

    OpenAIRE

    Bojinca, Moise

    2010-01-01

    The specialized literature defines civil action as being: “the legal means used by a person in order to ask the court to recognize its right or to fulfil this right, by ending the obstacles put by another person or through an adequate compensation Irrespective of its definition method, civil action is considered a central institution around which the entire activity of the court of law and of the parties gravitates. Next, we will discuss the requirements for exercising civil action: expressio...

  19. Application of the German and European cartel law and civil law price control according to paragraph paragraph 307, 315 BGB in the electricity and gas sector; Die Anwendung des deutschen und europaeischen Kartellrechts und der zivilrechtlichen Preiskontrolle nach paragraph paragraph 307, 315 BGB im Strom- und Gassektor in zweiten Jahrzehnt der Marktliberalisierung

    Energy Technology Data Exchange (ETDEWEB)

    Markert, Kurt [Freie Univ. Berlin (Germany). Fachbereich Rechtswissenschaft

    2009-10-15

    50 years of competition law in Germany and Europe is applied limited to the German electricity and gas supply. Up to the liberalisation of the electricity and gas supply, the central regulation of the German competition law was not applicable to area protection agreements of electric and gas utilities according to paragraph 103 of the law against the restriction of competition (GWB). A comparable stocktaking was missing in the European competition law. The authors of the contribution under consideration report on the highlights of the evaluation of the German and European cartel law on the German electricity and gas economy with a critical evaluation. The civil law price control in accordance with paragraph paragraph 307, 315 of the German Civil Code (BGB) was considered here. The authors also report on the actual cartel law price control for drinking water according to paragraph 103 sect. 5 GWB.

  20. 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.)

  1. 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).

  2. Attempts at an amendment of the law governing the energy sector, as seen in the light of civil rights

    International Nuclear Information System (INIS)

    The discussion about the law governing the energy sector is of topical interest at present because there have been a number of draft amendments at the national level for a reform of the laws during the past years as well as the approval of a draft for a European Directive for harmonising national regulations in pursuit of a single Market for electricity. The present paper first deals with the development of the basic energy laws up to the present. Then the author examines the constitutionality of the national bills and the compatibility of the draft for the European Directive with the European basic right of freedom to choose a profession, which he previously derives from general legal regulations. He comes to the conclusion that none of the bills presented so far fully comply with the requirements implicit in the basic rights. (orig./HP)

  3. Preventive measures for minimizing mining damage from the view of civil law; Vorsorgemassnahmen zur Bergschadensminimierung aus zivilrechtlicher Sicht

    Energy Technology Data Exchange (ETDEWEB)

    Schubert, W. [Deutsche Steinkohle AG, Herne (Germany)

    2004-07-01

    A brief general view at the times of general mining laws, to the legal system of the State of Prussia and the judging practice of the ''Reichsgericht'', to the former jurisdiction of German Superior Courts might seem to be luxury to some of us. There are, however, sound reasons enough to take a look at the roots of the modern mining laws which reach into the 19th century. The development of the laws has also a perspective for the future. The legal practice has not been in a standstill on the level of 1982. The developments in the public sector have taken the term of ''safeguarding'' into a dimension which cannot be explained completely with the regulations of paragraph 111 Federal Mining Law (BBergG) any longer. Therefore, the following explanations are divided into 3 sections: Adjustment including safeguarding in the purview of the Prussian General Mining Law (ABG); adjustment and safeguarding in accordance with the Federal Mining Law and subsequent safeguarding as a consequence of granting licenses to companies. [German] Ein kurzer Blick zurueck auf die Zeiten des Allgemeinen Bergrechts, auf das Rechtssystem des preussischen Staates, auf die Spruchpraxis des Reichsgerichtes und auf die fruehere Rechtsprechung der bundesdeutschen Obergerichte koennte Manchem als ueberfluessiger Luxus erscheinen. Es gibt aber stichthaltige Gruende, zurueckzuschauen auf die Wurzel des modernen Bergrechtes, die in das 19. Jahrhundert zurueckreichen. Die Rechtsentwicklung hat aber auch eine Zukunftsperspektive. Die Rechtspraxis ist naemlich nicht auf dem Stand von 1982 stehen geblieben. Der Begriff der 'Sicherung' ist durch Entwicklungen auf oeffentlich-rechtlichem Gebiet in eine Dimension getragen worden, die mit dem Regelwerk des Paragraphen 111 BBergG nicht mehr vollstaendig zu erklaeren ist. Hiernach ergibt sich fuer die nachfolgenden Ausfuehrungen eine grundsaetzliche Gliederung in 3 Abschnitte: Anpassung einschliesslich Sicherung

  4. 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.

  5. Beyond the black letter of the law: an empirical study of an individual judge's decision process for civil commitment hearings.

    Science.gov (United States)

    Bursztajn, H J; Hamm, R M; Gutheil, T G

    1997-01-01

    To study the role of parens patriae and "police powers" considerations in an individual judge's civil commitment decisions, the judge's reports of the impact of various characteristics of the patient were analyzed. The validity of this methodology was tested by comparing it to an alternative technique based on objective statistical analysis of the dependence of the judge's decisions upon patient characteristics. A probate court judge filled out a questionnaire after each civil commitment hearing over which he presided during a seven-month study. For each of 26 decisions, the judge rated the patient on 26 features and indicated the impact of each feature on the decision. The judge's responses were analyzed to measure the role of various statutory and nonstatutory considerations (expressed as patient characteristics) in the judge's decisions. Results using self-reported impacts are compared with an objective, statistical characterization of the judge's decision-making policy. As in previous studies, the parens patriae model more closely described the individual judge's decision process than the "police powers" model. Contextual variables (e.g., the patient's family favoring commitment) also were influential. Results with the two methods were similar. The methodology developed here can be used not only in further research on judicial commitment decisions but also to educate judges and other decision-makers individually faced with potentially tragic choices as to their personal implicit decision-making strategies. PMID:9148885

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

    Science.gov (United States)

    Mullen, Kacy L; Edens, John F

    2008-05-01

    Although professional surveys suggest that the Personality Assessment Inventory (PAI; Morey, 1991) is a popular instrument among forensic and correctional psychologists, relatively little is known about the specific types of legal cases in which it is applied, the particular types of questions it is used to address, or the extent to which its admissibility has been at issue in court cases. Using a comprehensive legal database, we surveyed all published U.S., Canadian, European, and Australian criminal and civil cases in which the PAI was administered. The PAI appears to be introduced by examiners in a wide variety of civil (e.g., child custody, personal injury) and criminal (e.g., insanity, competence) cases to aid in the assessment of a broad range of psychopathology. Additionally, the PAI seems to be used frequently to assess questions concerning potential dissimulation and response styles. Surprisingly, the admissibility of the PAI into evidence was never at issue in any of the cases reviewed. PMID:18444127

  7. The civil law treatment of underwater cables in the North Sea; Die zivilrechtliche Behandlung von Hochseekabeln in der Nordsee

    Energy Technology Data Exchange (ETDEWEB)

    Hofmann, Ruben A. [Heuking Kuehn Lueer Wojtek, Koeln (Germany); Baumann, Hendrik [Freshfields Bruckhaus Deringer, Koeln (Germany)

    2012-02-15

    After the Federal Government has promoted the development of wind energy facilities, there were a number of publications on the legal problems concerning the construction of wind turbines. The legal situation regarding the high-voltage transmission lines through the sea (underwater cable) hardly was considered. With this, electrical energy was broadcasted to The Netherlands and Norway. The different pricing structure of these two countries has been used commercially. This raises the question whether these underwater cables can be used as a secondary means of credit insurance. With this in mind, the authors of the contribution under consideration reports on the civil legal classification of underwater cables in and outside the territorial waters of the Federal Republic of Germany.

  8. 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。

  9. 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)

    OpenAIRE

    Breana George

    2014-01-01

    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 im...

  10. 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...

  11. The reversal of the burden of proof in the Principles of European Tort Law A comparison with Dutch tort law and civil procedure rules

    Directory of Open Access Journals (Sweden)

    Ivo Giesen

    2010-01-01

    Full Text Available Although it is not one of its main features, the Principles of European Tort Law (PETL have devoted some attention to the rules regarding the burden of proof in tort cases, especially to the possibility of a reversal of that burden. Since such a reversal of the burden of proof will be highly relevant for the substantive outcome of a tort case, one needs to be able to justify such a reversal on normative grounds. However, that justification is not always advanced clearly enough in the PETL. At the same time the PETL focus largely on the possible exceptions to the general rule on the burden of proof. As a result, the underlying general rule as such has not been codified. This paper analyses the burden of proof rules in the PETL not only from a more technical point of view, but also from the perspective of the possible influence they might have on the substantive outcome of tort cases. To highlight their content, importance and possible inspirational force for a future ‘European tort law’, these Principles are contrasted with their counterparts under Dutch tort law. The aim is to answer the question whether the choices made in the PETL are justifiable and whether the Dutch tort system can – or maybe even should – seek inspiration from these Principles.

  12. Mining law between tradition and modernity. Civil law and public law problems of (outgoing) black coal mining - new underground forms and collision of utilization; Bergrecht zwischen Tradition und Moderne. Zivil- und oeffentlichrechtliche Probleme des (ausgehenden) Steinkohlenbergbaus - Neue untertaegige Nutzungsformen und -kollisionen

    Energy Technology Data Exchange (ETDEWEB)

    Kuehne, Gunther; Ehricke, Ulrich (eds.)

    2010-07-01

    The contribution under consideration contains lectures which were held in the years 2007 to 2009 in the context of the mining law seminar in Cologne (Federal Republic of Cologne): (a) The neighbourhood relationship of underground mining and real property from civil view (Reiner Lemke); (b) The relationship between the claim of compensation due to mining damages according to the paragraphs 114 ff mining act and the compensation entitlement regarding to the interests of neighbours according to paragraph 906 sect. 2 sentence 2 civil code (Ulrich Ehricke); (c) The storage of CO{sub 2} in underground geological formations with special consideration of the mining law (Peter Franke); (d) Conflicts of utilization under ground (Lars Dietrich); (e) Legal framework of the closing operational planning (Martin Beckmann).

  13. 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。

  14. Civil liability for ecological damage. The impact of permissions and duties to take safety measures under public law. Zivilrechtliche Haftung fuer Umweltschaeden. Der Einfluss oeffentlich-rechtlicher Gestattungen und Sicherheitspflichten

    Energy Technology Data Exchange (ETDEWEB)

    Versen, H.

    1994-01-01

    The debate about the position in law of legal actions concerning neighbours' in terests filed under public law or private law is the starting point for the author to examine the situation and to show that there is no plausible reason why there should be an extensive 'legalizing' effect of permits under environmental law on the one hand, and a limitation of permissible risk binding under civil law, but being used as a legal instrument under public environmental law. Proposing a liability regime endowed with an - admittedly limited - autonomy, the author presents principles that should govern the definition of licensees' liabilities and duties in practice, to be derived on the basis of the legally required safety standards, maximum permissible levels, the Clean Air Technical Code, the duty to take precautionary measures, and the dynamic duties of operators and owners as defined under paragraph 823 of the German Civil Code. The author further examines the significance of public environmental law to the regime of absolute environmental liability, discussing for instance the adequacy of preventive and organisational duties under public law as used within the framework of 'operator's duties' under paragraph 6 of the Environmental diability Act (UHG). (orig.)

  15. RECRUITMENT AND PROFESSIONAL TRAINING OF CIVIL SERVANTS

    OpenAIRE

    Roxana Cristina RADU; Eliza Adela VOICU

    2014-01-01

    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...

  16. Liability of grid managers in case of power disruption. A few civil law aspects; Aansprakelijkheid van netbeheerders bij stroomonderbreking. Enige civielrechtelijke aspecten

    Energy Technology Data Exchange (ETDEWEB)

    Goes, P.W.A.; Koster, M.H. [NautaDulith, Rotterdam (Netherlands)

    2004-04-01

    Almost all disruptions of electricity supply in the Netherlands are caused by failure of the{sub p}ower grids. In this article certain Dutch civil law aspects concerning the liability of grid managers in case of power failures will be discussed. In our opinion electricity can not be qualified as a good under Dutch law. Pursuant to Article 3:1 of the Dutch Civil Code a good is either a proprietary right or is an object. Electricity can not be considered as a proprietary right. In our opinion it is neither an object, since it can not be considered as a material object capable of human control. From the fact that electricity, under Dutch civil law is not to be considered as a good it follows that the delivery of electricity does not qualify as a sale agreement. The delivery of electricity has to be qualified as an agreement to render a service. For the liability of the grid managers it is relevant how the contractual obligations under the service agreement wilt be defined. In our opinion the grid manager has an obligation to guarantee a certain result. This means that if there occurs a power failure the grid manager is in breach of his obligations to transport electricity onder the service agreement. If third parties suffer damages due to a power failure they can hold the grid manager liable for a wrongful act he has committed to them. We discuss the report of the General Energy Council ('AIgemene Energie Raad') and agree with the conclusion and advice of the Council that it is important to have separate rules and regulations regarding liability and quality control. We recommend that the unclear aspects regarding electricity and liabilities should be clarified, preferably in the Dutch Electricity Act. In addition we give certain suggestions as to the rules and regulations regarding liability of grid managers. [Dutch] Onze maatschappij is in verregaande mate afhankelijk van elektriciteit. Stroomstoringen leiden tot grote ver-storingen van de maatschappij

  17. Nuclear law

    International Nuclear Information System (INIS)

    Different laws on use of atomic energy for peaceful purposes in Bulgaria and Italy are given here: civil liability, nuclear safety, radiation protection, radioactive waste, nuclear facilities, decommissioning, health and environment protection. (N.C.)

  18. 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...

  19. 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.

  20. 意大利民法中集合财产的法律地位%The Legal Status of the Universal Property in Italian Civil Law

    Institute of Scientific and Technical Information of China (English)

    韩斐

    2014-01-01

    The research of universal property in China is still in the embryonic stage,but the uni-versal property is a problem that needs to be solved in the current legislation and future codification of civil code.The universal property is called universalità patrimoniale in Italian civil law,which is formed of several properties belonging to one subj ect under an unified destination.It can be divided in-to universalità di fatto and universalità di diritto.The company and heritage are the typical universalità di diritto.Because of its overall function,different from the simple addition of the single properties,the company is considered as the universal property and has the status of legal obj ect.Ac-cordingly,the heritage has the universal function of describing the decedent's whole legal relations and therefore heritage also has the nature of universal property and can be viewed as the universal proper-ty.The legal obj ect doctrine of universal property in the Italian civil law and especially the definition of nature of company and heritage from the universal property point of view is useful and referential for the Chinese research on the universal property and the legal nature of company and heritage.%中国对于集合财产的研究处于萌芽阶段,但集合财产理论在现行立法以及未来民法典的编纂中都是需要解决的问题。集合财产在意大利民法中被称为财产集合体,是由数个财产组成、属于同一主体、具有统一的目的的财产的集合。它分为事实集合体和权利集合体,企业和遗产是权利集合体的典型种类。企业除了法人这一主体地位之外,因其具有不同于单个财产简单相加的整体功能,还可以被作为集合财产而具有客体地位。相似地,遗产具有描述被继承人整体法律关系的统一功能,因而也具有集合财产的性质,可以作为单一的法律客体。意大利民法中关于集合财产法律客体性的理论,

  1. Civil Liability of Corporate and Non-state Aiders and Abettors of International Terrorism as an Evolving Notion under International Law

    Directory of Open Access Journals (Sweden)

    Sascha-Dominik Bachmann

    2010-12-01

    Full Text Available Global terrorist activities require financial economic support and a way to combat terrorism is to limit access to such funding. Terrorist financing is a global problem which is closely linked to money laundering and requires a well-co-ordinated, multilateral response through international bodies, such as the United Nations Security Council, the Financial Action Task Force (FATF of the OECD, as well as the use of civil litigation by victims against terrorist groups and their sponsors. The proactive role of corporations, such as banks (cf. the US Arab Bank case and other entities (cf. SNCB Securities, as well as individuals play as aiders and abettors in financing international terrorism is well known and documented.1 This article aims to outline the evolving notion of corporate responsibility for human rights violations and acts of terrorism as a legal option for the individual victim of terrorism to achieve some form of justice. This article provides an overview of the current anti terrorism litigation under international and US law and introduces the idea of a new international court for the adjudication of such international torts.

  2. Sections 273, 320, 433, 823, 1004 and 242 of the 17th Civil Code; Articles 4(I), 5(I), 20(IV) of the Basic Law; Sect. 256 of the Code of Civil Procedure (Refusal to pay electricity rates, with electricity being generated by means of atomic energy)

    Energy Technology Data Exchange (ETDEWEB)

    Krueger, W.

    1981-01-01

    Anyone who buys electricity from an energy supply utility which also supplies electricity generated by means of nuclear energy, has neither the right to withhold payment according to sect. 273 of the Code of Civil Procedure nor according to sect. 242 of the Civil Code in conjunction with paragraph I of Art. 4, pararagraph I of Art. 5, paragraph IV of Article 20 of the Basic Law. Decision of the Regional Court of Dortmund, as of Oct. 10, 1980 - 3 O 673/79 (non-appealable).

  3. Islam dan Civil Society

    Directory of Open Access Journals (Sweden)

    Imam Sukardi

    2010-03-01

    Full Text Available The article tries to address the concept of civil society from varied perspectives. From a historical point of view, civil society demands not only the absent domination of state but also liberates individuals from the hegemony of state. The article shows that in Indonesia and Malaysian discourse, masyarakat madani is often used to represent the term of civil society. Using this conception, major values of civil society also share with basic ideas within the Medina Treaty in the history of Islam. These ideas include egalitarianism, human rights protection, participation, law and justice enforcement and pluralism. In this frame, the question on whether or not Islam is compatible with the concept of civil society is clearly answered. Muslims could benefit such a concept to build their awareness of being progressive and adaptive to social changes.

  4. Mini cogeneration system: A GbR of tenants (civil-law association) as power supplier. Decentral power supply; Mini-BHKW: Eine Mieter-GbR geht ans deutsche Inselnetz. Dezentrale Eigenversorgung

    Energy Technology Data Exchange (ETDEWEB)

    La Chevallerie, A. van [Rechtsanwaelte Schnutenhaus und Kollegen, Berlin (Germany); Meyer, C. [Energy Consulting March-Buchheim (Germany)

    2007-11-15

    Three mini cogeneration systems and meters were installed by a cooperative of tenants for power supply to two domestic buildings. The tenants formed a civil-law association for low-cost power supply. This resulted in a legal conflict with the local utility. On 10 March 2007, the Bundesnetzagentur published its ruling in this case. The authors describe the project, its economic aspects and CO2 reduction effects. (orig.)

  5. 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.

  6. 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。

  7. 25 CFR 11.501 - Judgments in civil actions.

    Science.gov (United States)

    2010-04-01

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

  8. Economic Analysis of Law

    OpenAIRE

    Louis Kaplow; Steven Shavell

    1999-01-01

    This is a survey of the field of economic analysis of law, focusing on the work of economists. The survey covers the three central areas of civil law liability for accidents (tort law), property law, and contracts as well as the litigation process and public enforcement of law.

  9. Administrative Law: The Hidden Comparative Law Course.

    Science.gov (United States)

    Strauss, Peter L.

    1996-01-01

    Argues that the main contribution of the Administrative Law course to law students is that it presents problems which contrast with those of the standard court-centered curriculum and can illuminate other areas of law, repeatedly confronting students with doctrinal differences. Offers several examples from civil procedure, constitutional law, and…

  10. Reforming Russian Civil Procedur

    Directory of Open Access Journals (Sweden)

    Dmitry Maleshin

    2016-03-01

    Full Text Available The II Annual Symposium of the journal Herald of Civil Procedure ‘2015: The Civil Procedure 2.0: Reform and Current State’ took place on October 9, 2015, at the Faculty of Law of Kazan (Volga region Federal University.The Symposium is now an established tradition for the University. In 2015 it brought together in Kazan eminent scholars of civil procedure from cities across the whole of Russia: Moscow, St. Petersburg, Saratov, Ekaterinburg, Omsk, Samara, Nizhnekamsk and others. This large-scale event attracted the attention not only of Russian scholars, but also of legal scholars from abroad: Elisabetta Silvestri (Professor, University of Pavia, Italy, William B. Simons (Professor, University of Tartu, Estonia, Jaroslav Turlukovsky (Professor, Warsaw University, Poland, Stuart H. Schultz (Practising Attorney, USA, Irina Izarova (Associate Professor, Taras Shevchenko National University of Kyiv, Ukraine.The opening ceremony of the Symposium began with greetings to all participants and best wishes for productive discussions. Participants were welcomed with remarks by Marat Khairullin, Deputy Chair of the Supreme Court of the Republic of Tatarstan, Radik Ilyasov, Head of the Federal Bailiff Service of the Republic of Tatarstan, and Ildar Tarkhanov, Academic Supervisor at the Faculty of Law. They expressed their appreciation for the great value of the journal Herald of Civil Procedure in the growth of the science of civil procedure and enforcement procedure, and for its contributions to the development of the judicial system of the Russian Federation.In addition to hearing prepared reports and discussing viewpoints on current issues of civil and arbitration procedure, participants attended presentations by representatives from procedural law periodicals in the frame of the Symposium. The Editor-in-Chief of Herald of Civil Procedure, Damir Valeev, and the Commercial Director of the Statut Publishing House (Moscow, Kirill Samoilov, presented new

  11. 'At High Sea?' About the applicability of the national civil law on offshore wind energy plant in the german Exclusive Economic Zone; 'Auf hoher See?' Zur Anwendbarkeit nationalen Zivilrechts auf Offshore-Windenergieanlagen in der deutschen Ausschliesslichen Wirtschaftszone

    Energy Technology Data Exchange (ETDEWEB)

    Buellesfeld, Dirk; Multmeier, Vanessa [Freshfields Bruckhaus Deringer, Hamburg (Germany). Bereich oeffentliches Wirtschaftsrecht

    2009-04-15

    For some years, the power generation from wind power is a significant economic factor in the Federal Republic of Germany. In the literature, the legal questions according to the ability of financing of offshore wind parks and the civil status of these plants hardly are discussed. Under this aspect, the authors of the contribution under consideration report on the fundamentals of international law. Subsequently, possible dogmatic derivations of an application of national civil law to offshore wind energy plants are examined.

  12. Nuclear damage - civil liability

    International Nuclear Information System (INIS)

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

  13. 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...... procedural questions, including relations to the Brussels I Regulation and Denmark's participation in this Regulation via a parallel convention with the EU countries, impact on Danish civil procedure of the convention on human rights, preparation and pronouncement of judgment and verdict, questions of appeal...... scientific activities conducted by the author, partly based on the author's experience as a member, through a number of years, of the Danish Standing Committee on Procedural Law (Retsplejeraadet), which on a continuous basis evaluates the need for civil procedural reforms in Denmark, and finally also based...

  14. 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。

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

    Directory of Open Access Journals (Sweden)

    Nora Andreea Daghie

    2011-05-01

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

  16. 论现代民商法文化的先进性与局限性%Advancements and Limitations:On Culture Characters of Modern Civil and Commercial Law

    Institute of Scientific and Technical Information of China (English)

    黄清华

    2014-01-01

    Advancements and limitations are culture characters of modern civil and commercial law.The advancements mean the charecters of social progress and applicable technique.The consciousness of subject,equality,right,good faith,cooperation and resposibility are a reflection of the character of social progress;meanwhile,the character of applicable technique refers to that the culture of modern civil and commercial law is a technique culture.The character of limitations focus on that the order of private law is unhelpful for vulnerable populations,and unable for contorlling the social risks brought by the profit orientation of market econo-my.The legal phenomenon of mixing civil and commercial matters legeslations together social llegislations in recent years,is just a profound reflection of the characters of limitations.The discusions on the character of limitations do not mean denying base regula-tion function of modern civil and commercial law pointing at economic and social life.At present,a foundmmental task of building China’s legal system is to raise continually the culture of modern civil and commercial law with the best endeavor,and to pefect the legal system of civil and commercial matters with the rationale of social jurisprudence of privite law,while accelereting the develp-ment of social legislation.%现代民商法文化具有先进性与局限性。先进性是指现代民商法文化的社会进步性和适用技术性。现代民商法文化所蕴含的主体意识、平等意识、权利意识、诚信意识、合作意识和责任意识是其社会进步性的表现;适用技术性,是指现代民商法文化同时又是一种技术文化。局限性集中表现为私法秩序不利于弱势人群,难以有效控制市场经济活动方式的逐利取向带来的社会风险。晚近以来,发达国家出现的民商事立法与社会立法融合的法律现象,恰恰是这种局限性的深刻反映。对现代民商法文化局限性的

  17. 检察机关执行修改后《民事诉讼法》有关问题研究%Study on the issues in implementing the revised Civil Procedure Law by Pro- curatorial organs

    Institute of Scientific and Technical Information of China (English)

    曲斌

    2012-01-01

    1991年4月9日,《中华人民共和国民事诉讼法》颁布实施,现已不能满足司法实践的需要。今年4月24日全国人大常委会第二次审议了《民事诉讼法修正案草案》(以下简称《民诉法二审草案》),新的《民事诉讼法》明年将会颁布实施。《民诉法二审草案》增加了公益诉讼制度、小额诉讼制度,细化了调解程序与审判监督程序,明确赋予了检察机关对执行活动、调解案件进行法律监督的新职权。检察机关如何执行修改后的《民事诉讼法》,是摆在民行检察部门面前的重要课题。%The Civil Procedure Law of the People's Republic of China was pro- mulgated and implemented on April 9, 1991, and now can not meet the needs of the judicial practice. On April 24, 2012, the NPC Standing Committee considered " the draft amendments to the Civil Procedure Law" (hereinafter referred to as " the second draft of Civil Procedure Law") for the second time. The new "Civil Procedure Law" will be promulgated and implemented next year. "The second draft of Civil Procedure Law" added public interest litigation system, the small amount claim system, refined the conciliation procedure and the procedure for trial supervision, clearly gave new powers of legal supervision on implementing activities and mediating cases to the procuratorial organs. How the procuratorial organs implement the revised Civil Procedure Law is an important issue placed in front of the prosecution organs.

  18. Law No.13.192 workers that execute radiological services it state included in the advantage of the laws 9.940 and 9744 to civil or militaries employers belonging to Ministry of National Defense

    International Nuclear Information System (INIS)

    The civil and military officials that lend services in dependences of the Ministry of National Defense in the tasks of radiological services were applied in the compute to be carried out the legal norms referred to effects of their retirement

  19. The moral status of civil disobedience

    OpenAIRE

    Brownlee, Kimberley; Professor Joseph Raz; Dr John Tasioulas

    2007-01-01

    This dissertation examines the moral character of civil disobedience. The discussion begins with a conceptual analysis of civil disobedience which eschews standard definitions in favour of a paradigm case approach, highlighting a parallel between the communicative aspects of civil disobedience and the communicative aspects of lawful punishment by the state. Foundations for a moral evaluation of civil disobedience are then laid down through, first, an examination of the nature ...

  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. PMID:25960445

  1. Mine and land ownership in operation planning procedures. On the framing of issues of conflicting civil rights under administrative law; Bergwerkseigentum und Grundeigentum im Betriebsverfahren. Zur verwaltungsrechtlichen Gestaltung vernetzter Grundrechtspositionen

    Energy Technology Data Exchange (ETDEWEB)

    Schmidt-Assmann, E.; Schoch, F.

    1994-12-31

    On the framing of issues of conflicting civil rights under administrative law. The available arsenal of legal instruments for solving conflicts between proprietary titles to land surfaces and mines is more extensive and differentiated and, if properly deployed, more effective than one might at first expect. The control mechanisms become effective either immediately through laws or through administrative or private acts and are based on public or on private law. They range from the sphere of mining rights, operation planning law, the law on the prevention of damage to private persons over to the regulations under mining law on the payment of damages. The constitutionality of the mining regulations examined here is beyond dispute. They comply with the constitutional requirement to frame the issue concerned and afford protection while at the same time providing the required measure of openness and flexibility for conforming to the peculiarities of the mining business and permitting the necessary sensitivity of administrative control for managing this multipolar legal relationship. At the statutory level the regulatory purpose of the mining law in force is thus fulfilled. (orig./HSCH) [Deutsch] Das Arsenal an gesetzlichen Instrumenten zur Loesung der zwischen Bergwerkseigentum und Oberflaecheneigentum auftretender Konflikte ist reichhaltiger, differenzierter und - bei richtigem Einsatz - wirkungsvoller als zunaechst vermutet. Die Steuerungsmechanismen wirken gesetzesunmittelbar oder kraft behoerdlicher bzw. privater Massnahmen, sie bedienen sich oeffentlichrechtlicher und privatrechtlicher Mittel, und sie reichen sachlich vom Berechtsamswesen ueber das Betriebsplanrecht bis hin zum Recht der privaten Schadenspraevention und enden im bergrechtlichen Schadenersatzrecht. Beruecksichtigt man diesen breiten Hintergrund, sollte kein Zweifel an der Verfassungsmaessigkeit der hier untersuchten berggesetzlichen Vorschriften bestehen. Sie genuegen einerseits dem

  2. The current German regime governing third-party access to power transmission systems and denial of TPA, discussed from the angle of applicable civil law, energy industry law and antitrust law; Der Netzzugang und seine Verweigerung im Spannungsfeld zwischen Zivilrecht, Energierecht und Kartellrecht

    Energy Technology Data Exchange (ETDEWEB)

    Kuehne, G. [Technische Univ. Clausthal, Clausthal-Zellerfeld (Germany). Inst. fuer Deutsches und Internationales Berg- und Energierecht

    2000-07-01

    The German EnWG (energy industry law) for deregulation of the energy sector and implementation of the Internal Energy Market Directive of the EU contains an obligation to contract and make rules for establishing a legally binding system for access to and use of third parties of transmission and distribution networks in the competitive electricity market. The design of such contracts under private law as well as the grid code for network operation primarily being a matter of the contracting parties, the legal basis and opportunities for governmental supervisory functions are embodied in various laws. The legal analysis of this contribution examines the current situation and asks whether the existing provisions of the German BGB (Civil Code), antitrust law and the EnWG offer practicable means in case of need for governmental supervisory action in order to ensure evolution and adherence to a legal framework that will ensure the objectives of the politically willed deregulation of the energy sector and foster development of an open market serving the public welfare. (CB) [German] Das Energiewirtschaftsgesetz (EnWG) zur Neuregelung der Energiewirtschaft in Deutschland und Umsetzung der EU Binnenmarktrichtlinie fuer Strom enthaelt eine Regelung fuer den Netzzugang im wettbewerblich organisierten Strommarkt, d.h. einen Kontrahierungszwang zur Regelung des Zugangs Dritter zu Uebertragungs- und Versorgungsnetzen. Der Staat hat die inhaltliche Gestaltung der Durchleitungsvertraege und der Netzregeln weitgehend den Vertragsparteien ueberlassen. Die rechtliche Analyse dieses Beitrags untersucht die Regelungen des EnWG in ihrem Verhaeltnis zum Kartellrecht (Durchleitungsverweigerungsgruende, Unbundling) und zum Zivilrecht (Freiheit der Vertragsgestaltung) und fragt, inwieweit die Vorgaben des EnWG im Zusammenwirken mit den angesprochenen Vorgaben aus anderen Rechtsgebieten einen ordnungspolitischen Rahmen darstellen, der die Ziele der politisch gewollten Marktderegulierung und

  3. 33 CFR 1.07-95 - Civil and criminal penalties.

    Science.gov (United States)

    2010-07-01

    ... GENERAL GENERAL PROVISIONS Enforcement; Civil and Criminal Penalty Proceedings § 1.07-95 Civil and criminal penalties. (a) If a violation of law or regulation carries both a civil and a criminal penalty... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Civil and criminal penalties....

  4. 32 CFR 935.21 - Civil rights, powers, and duties.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Civil rights, powers, and duties. 935.21 Section... INSULAR REGULATIONS WAKE ISLAND CODE Civil Law § 935.21 Civil rights, powers, and duties. In any case in which the civil rights, powers, and duties of any person on Wake Island are not otherwise prescribed...

  5. Civil Liability of Corporate and Non-state Aiders and Abettors of International Terrorism as an Evolving Notion under International Law

    OpenAIRE

    Sascha-Dominik Bachmann

    2011-01-01

    Global terrorist activities require financial economic support and a way to combat terrorism is to limit access to such funding. Terrorist financing is a global problem which is closely linked to money laundering and requires a well-co-ordinated, multilateral response through international bodies, such as the United Nations Security Council, the Financial Action Task Force (FATF) of the OECD, as well as the use of civil litigation by victims against terrorist groups and their sponsors. The pr...

  6. Civil Identity

    DEFF Research Database (Denmark)

    Petersen, Lars Axel

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

  7. 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

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

    OpenAIRE

    Abramov V.V.

    2014-01-01

    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

  9. Civilizing Processes

    OpenAIRE

    Dolan, Paddy

    2011-01-01

    The theory of “civilizing processes” was developed by Norbert Elias in the 1930s to describe and explain the generation of higher standards of various forms of conduct in the context of unplanned but structured changes in state formation and lengthening chains of social interdependencies (Elias 2000). The idea of civilized conduct may seem a strange companion to popular understandings of consumer culture, when the latter phrase is often associated with hedonism, individualism and excess. But ...

  10. The LSU Law Center -- Canada Bijuralism Conference. Introduction: Global Law and the Law School Curriculum.

    Science.gov (United States)

    Costonis, John J.

    2002-01-01

    Introduces papers from a conference focused on the bijural programs of Louisiana State University Law Center and McGill University Faculty of Law. The programs educate all first-degree law students in both the common law and civil law traditions, preparing them for the increasing globalization of legal practice. (EV)

  11. Die Kodifikation des deutschen Nichtehelichenrechts im Bürgerlichen Gesetzbuch The Codification of German Non-Marriage Law in the German Civil Code

    Directory of Open Access Journals (Sweden)

    Eric Neiseke

    2008-07-01

    Full Text Available Steffen Baumgarten legt erstmals eine umfassende Darstellung zur Kodifikation des Nichtehelichenrechts im Bürgerlichen Gesetzbuch unter Berücksichtigung der Stellungnahmen der deutschen Frauenbewegung vor. Zugleich werden die sozialen und gesellschaftlichen Hintergründe im 19. Jahrhundert in die Untersuchung mit einbezogen.Steffen Baumgarten presents the first comprehensive presentation of the codification of “non-marriage laws” in the German Civil Code in light of the position of the German women’s movement. His study also includes the social and societal background of the 19th century.

  12. Health care programs: fraud and abuse; revised OIG civil money penalties resulting from public law 104-191. Office of Inspector General (OIG), HHS. Final rule.

    Science.gov (United States)

    2000-04-26

    This final rule revises the OIG's civil money penalty (CMP) authorities, in conjunction with new and revised provisions set forth in the Health Insurance Portability and Accountability Act of 1996. Among other provisions, this final rulemaking codifies new CMPs for excluded individuals retaining ownership or control interest in an entity; upcoding and claims for medically unnecessary services; offering inducements to beneficiaries; and false certification of eligibility for home health services. This rule also codifies a number of technical corrections to the regulations governing OIG's sanction authorities. PMID:11010671

  13. Environmental law

    International Nuclear Information System (INIS)

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

  14. Attempts at an amendment of the law governing the energy sector, as seen in the light of civil rights. Novellierungsversuche des Energiewirtschaftsrechts vor dem Hintergrund grundrechtlicher Normen

    Energy Technology Data Exchange (ETDEWEB)

    Notthoff, M.

    1994-01-01

    The discussion about the law governing the energy sector is of topical interest at present because there have been a number of draft amendments at the national level for a reform of the laws during the past years as well as the approval of a draft for a European Directive for harmonising national regulations in pursuit of a single Market for electricity. The present paper first deals with the development of the basic energy laws up to the present. Then the author examines the constitutionality of the national bills and the compatibility of the draft for the European Directive with the European basic right of freedom to choose a profession, which he previously derives from general legal regulations. He comes to the conclusion that none of the bills presented so far fully comply with the requirements implicit in the basic rights. (orig./HP)

  15. 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

    OpenAIRE

    V. V. Kasyanov; V. I. Petrov

    2016-01-01

    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 p...

  16. Law Application on Civil Liability for Cross-border Environmental Damages%论跨境环境损害民事责任的法律适用——以冲突规范为研究对象

    Institute of Scientific and Technical Information of China (English)

    陈嘉

    2012-01-01

    International convention on environmental civil liability,as a standard of uniform substantive law,plays a huge role in the highly dangerous activity areas,such as nuclear energy utilization,oil pollution,etc,but there are not any rules about the general environmental damage.Therefore,they should be adjusted by the rules of Domestic Conflicts Law.Because the Law of the Place of Trots,as a traditional way to adjust,is unable to solve all the problems in present environmental damages,the author holds that the claimant’s substantial interests should be taken into consideration when justice of Conflict Law is upheld.So it is necessary to consider a new formula of attribution,such as the law chosen by the parties,the law which favors the victim,etc.However,the Law of the Place of Trots should be the most authoritative,while the rules of conflict can also be adopted.%作为统一实体法规范的国际环境民事责任公约在高度危险活动领域如核能利用、石油污染等发挥着巨大作用,但对于一般环境损害未做任何规定,因此,需要由国内冲突法规范加以调整。由于传统的调整方法——侵权行为地法很难解决当今环境损害中的所有问题,笔者以为在继续追求冲突法正义的同时也应顾及到索赔主体实体利益的保护,于是,有必要考虑新的系属公式如当事人合意选择的法律、对受害人有利的法律等。但仍应赋予侵权行为地法最重要的地位,同时采用选择性冲突规则。

  17. 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...

  18. Competition and cartel law as standards for gas price equity control by civil courts o; Das Wettbewerbs- und Kartellrecht als Massstab einer Gaspreis-Billigkeitskontrolle durch die Zivilgerichte

    Energy Technology Data Exchange (ETDEWEB)

    Salje, P. [Univ. Hannover (Germany). Lehrgebiet Zivilrecht und Recht der Wirtschaft

    2005-04-15

    In the second half of 2004, many customers refused to pay their gas bills as they considered them too high. Utilities were demanded to lay open their calculations. So far, utilities have not cut off supply. But, as the author shows, there is no regulation that requires investigations of gas price equity. Instead, competition and cartel law apply. (orig.)

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

    OpenAIRE

    Gan, Jiang-ying; Wu, Bin

    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.

  20. 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.

  1. 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. PMID:10994599

  2. 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.

  3. 民诉法司法解释对建设工程施工合同纠纷处理产生的影响%Influences of the Judicial Interpretation on Civil Procedural Law for Construction Contract Disputes

    Institute of Scientific and Technical Information of China (English)

    杨唐全

    2016-01-01

    《最高人民法院关于适用〈中华人民共和国民事诉讼法〉的解释》涉及管辖权、电子证据、专家辅助人制度、反诉、执行制度等多方面内容的变化,分析这些变化对建设工程施工合同纠纷处理产生的影响,提出依法应对措施。%The interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the People’s Republic of China involves the changes of several aspects like jurisdiction,electronic evidence,the system of expert assessor,counter-claim,enforcement procedure,etc. The paper analyzes the influences of the changes on construction contract dispute,and puts forwardsome measures according to law.

  4. 38 CFR 21.7310 - Civil rights.

    Science.gov (United States)

    2010-07-01

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

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

    OpenAIRE

    Anna Flávia Magalhães de Caux Barros; Fábio Roque Abreu Nogueira

    2015-01-01

    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 o...

  6. [Permanent essential defacement--remarks on the possibilities of verification of the accepted criteria in medico-legal certification in criminal and civil law proceedings].

    Science.gov (United States)

    Chowaniec, Czesław; Nowak, Agnieszka; Jabłoński, Christian; Neniczka, Stanisława

    2007-01-01

    Despite the fact that some criteria of medico-legal certification in criminal and civil proceedings have been established, there are still some topics which are controversial and thus require modification. This is also true of the notion of "permanent essential defacement". In the opinion of the authors, changes in social conventions that are occurring nowadays, as well as a highly diversified, subjective perception of esthetic values indicate the need for discussing a possible modification of the presently obligatory criteria. Apart from the assessment of posttraumatic changes, an important problem is posed by defining the notion of "a part of the body customarily open to the view ". Additionally, the authors bring up for discussion the issue of experts taking into consideration the age and sex of the victims while assessing damages. A separate problem lies in difficulties in assessing the degree of detriment to health because of defacement due to the fact that official tables for evaluating permanent or long-term detriment to health do not include relevant information. PMID:17571513

  7. 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

  8. Environmental law in North-Rhine Westphalia. The main laws and regulations on the Federal and Land levels with particular regard to municipal and environmental protection. Vol. 3. LegaL provisions governing the law of hazardous materials, regional planning, construction and transport, environmental impact assessment, civil environmental liabilty, criminal and administrative offences and administrative charges. As of February 1, 1992. Umweltrecht in Nordrhein-Westfalen. Die wesentlichen Vorschriften des Bundes und des Landes unter Beruecksichtigung des kommunalen Umweltschutzes. Bd. 3. Gefahrstoffrecht, Raumordnung, Landesplanung, Bau- und Verkehrswesen, Umweltvertraeglichkeit, Umwelthaftung, Straftaten, Ordnungswidrigkeiten, Verwaltungsgebuehren. Stand: 1. Februar 1992

    Energy Technology Data Exchange (ETDEWEB)

    Kippels, K. (comp.)

    1992-01-01

    The 3rd volume of the 3-volume collection contains the texts of all legal provisions governing the law of hazardous materials, regional planning, construction and transport, environmental impact assessment, civil environmental liability, criminal and administrative offences and administrative charges that are in force and must be observed in North-Rhine Westphalia. (HSCH).

  9. 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.

  10. LQR in control law design for a relaxed static stability large civil aircraft%放宽静稳定性大型客机的LQR控制律设计

    Institute of Scientific and Technical Information of China (English)

    王一超; 江驹; 王新华; 甄子洋; 李欣

    2012-01-01

    Feedback of normal overload in the autopilot' s inner loop of longitudinal control law can form the C-star control configuration for the relaxed static stability large civil aircraft and increase its static stability. In this article , the output-feedback tracker closes the inner loop, the attitude loop and the thrust loop simultaneously by means of the LQR method. The nonlinear model of B707 civil aircraft is established, trimmed and linearized. After the control parameters are designed, the digital simulation is performed. The simulation results show that the transient and steady-state responses are satisfactory. And the augmentation effect meets the requirements well.%论述了法向过载信号反馈在放宽静稳定性大型客机自动驾驶仪增稳控制中的作用.在自动驾驶仪纵向内回路控制律中引入法向过载信号,构成了国际先进客机的C*控制律构型;反馈系统的输出信号,选用LQR设计方法同时闭合客机纵向的内回路和姿态、油门回路,形成了输出跟踪器,并设计了性能指标与反馈参数.以B707为例,建立了其着陆进近阶段的非线性模型,配平并线性化,用获得的控制律进行数字仿真验证.结果表明,内回路增稳效果良好,C*响应曲线在最佳响应区,姿态响应和速度保持都达到了满意的效果.

  11. 46 CFR 506.3 - Civil monetary penalty inflation adjustment.

    Science.gov (United States)

    2010-10-01

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

  12. 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)

  13. The positioning of the power contractual law in relation to the general civil law. About the determination of mutual rights and obligations between customers, suppliers and grid operators. A suggestion according to reorganization; Die Stellung des Energievertragsrechts im Verhaeltnis zum allgemeinen Zivilrecht. Zur Bestimmung gegenseitiger Rechte und Pflichten zwischen Kunden, Lieferanten und Netzbetreibern. Ein Vorschlag der Neugestaltung

    Energy Technology Data Exchange (ETDEWEB)

    Scholze, G.

    2007-07-01

    Despite the amendments of the energy law in 1998 and 2005, a competition in the supplier's market could not be created, and household customers could not be animated with regard to a trade acceptance. As a consequence, the author of the contribution under consideration reports on a new overall concept for the arrangement of relations between power suppliers, grid operators and final consumers. Furthermore, a competition in the base load power supply. A lot of hindrances on the way to more competition in the power sector can be avoided if the legislator could regulate the power supply contract in the civil code and if the legislator would allow a sufficient margin in the creation of the general terms and conditions.

  14. THE CURRENT TRENDS OF CONSTITUTIONALISATION OF THE NEW CIVIL CODE AND OF THE NEW CIVIL PROCEDURE CODE - SELECTIVE ASPECTS

    Directory of Open Access Journals (Sweden)

    Nicolae PAVEL

    2015-07-01

    Full Text Available By this approach, the proposed study opens a complex and complete vision, but not exhaustive on: The current trends of constitutionalisation of the new Civil Code and of the new Civil Procedure Code. The subject of the scientific endeavor will be circumscribed to the scientific analysis of its parts, as follows: 1 Preamble. 2 The first judicial review of the constitutionality of the law established in the United States and in Romania – their consequences. 3 Reflection of the constitutional principles in the new Civil Code and the new Code of Civil Procedure. 4 Reflection of the dispositions of new Civil Code and of the new Code of Civil Procedure in the Constitutional Court decisions. 5 Compliance with Romanian Constitution of new Civil Code and of new Code of Civil Procedure - the current trends of constitutionalisation of the law. 6 Conclusions.

  15. Government Spending, Rights, and Civil Liberties

    OpenAIRE

    International Monetary Fund

    2000-01-01

    Government spending plays a critical role in protecting and enforcing rights and civil liberties. Empirical evidence for a sample of industrial and developing countries shows that government expenditures on defense, law and order, social security, education, and health care are associated with three rights indicators—property rights, equality of citizens before the law, and economic freedom. In particular, an increase in spending on law and order seems to improve the indicators of rights and ...

  16. 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.

  17. Transfrontier nuclear civil liability without international conventions

    International Nuclear Information System (INIS)

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

  18. 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...

  19. Donum Vitae: civil law and moral values.

    Science.gov (United States)

    Byk, C

    1989-10-01

    The Instruction reminds us that reproductive medicine has become part of our social reality and as such justifies the intervention of public authorities. The Instruction suggests relevant principles which should guide appropriate legislation. This essay analyzes how far the French government has taken these fundamental principles into account. PMID:2691615

  20. THE MODERN VIEW ON THE ISSUE OF CIVIL AND SOCIO-CULTURAL ACTIVITY OF MODERN YOUTH

    OpenAIRE

    Kalimullina, Оlga

    2011-01-01

    The article deals with aspects related to civil and socio-cultural activity of modern youth. The author tries to trace the main scientific and practical laws in civil and socio-cultural activities of youth.

  1. History and Civility

    Science.gov (United States)

    Schaefer, Larry

    2015-01-01

    Larry Schaefer's history of civility is a succinct summary of the implicit and evolving definitions of civility over 2500 years of civilization. Beginning with the Romans and the root word "civitas," meaning the rights and duties of citizenship, civility appears in classical literature as integral to the roots of democracy in the context…

  2. 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

  3. 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.

  4. Law and Investment in Africa

    OpenAIRE

    Simplice A, Asongu

    2011-01-01

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

  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. Environmental Law Survey 2013

    OpenAIRE

    2014-01-01

    Within the EGP Project “The Capacity Building of Environmental Justice and Guarding Environmental Rights in Western China”, the scholars of the University of Bologna, partner of the China University of Political Science and Law (CUPL) and its Center for Legal Assistance to Pollution Victims (CLAPV), have worked on an Environmental Law Survey so as to provide to the interested public –in particular, Chinese judges, lawyers, academics, and civil society as a whole – with the most interesting an...

  8. Environmental Law Survey 2014

    OpenAIRE

    2014-01-01

    Within the EGP Project “The Capacity Building of Environmental Justice and Guarding Environmental Rights in Western China”, the scholars of the University of Bologna, partner of the China University of Political Science and Law (CUPL) and its Center for Legal Assistance to Pollution Victims (CLAPV), have worked on an Environmental Law Survey so as to provide to the interested public – in particular, Chinese judges, lawyers, academics, and civil society as a whole – with the most interesting a...

  9. Modernizing Italy's Bankruptcy Law

    OpenAIRE

    Vietti, Michele

    2007-01-01

    Reforming bankruptcy laws is difficult for many reasons. First of all, attitudes in Italy toward bankruptcy make it a difficult subject to generate support for. Secondly, bankruptcy reforms are complex and lengthy. They require changes not only to the bankruptcy law but also to other important parts of the legal framework, such as the codes of civil procedures and, in the case of Italy, the ...

  10. The company contract in the new Romanian Civil Code (art. 1881 - 1954. Comparison with the 1865 Civil Code

    Directory of Open Access Journals (Sweden)

    Silvia CRISTEA

    2012-06-01

    Full Text Available The Longevity of the Roman Civil Code from 1864, and the long duration of cohabitation with the Commercial Code of 1887 puts into question the issue of rapid enforcing of the New Civil Code! Therefore it is extremely important to compare the current drafting legal texts regarding companies in the New Civil Code, with the legal provisions contained in the Law 31/199o! Because the New Civil Code is put into practice recently, the present study relies solely on examination of the doctrine in this area. The results of the research have as targets the researchers and teachers from the faculties of law: the study is original due to the fact that the old Civil Code is compared with the new Civil code. The present study is exceeding this image, trying to create a new perspective and a more complete analysis!

  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 agreeme...

  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 agreem...

  13. 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.

  14. INFORMATION SECURITY AS PART OF CIVIL AVIATION SECURITY.

    OpenAIRE

    Золотар, О.О.

    2010-01-01

    In the article problems concerning understanding of the main point of information security of civil aviation field are investigated, and also suggestions for the field's law improvement are worked out.

  15. 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...

  16. 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…

  17. Det civile samfund

    DEFF Research Database (Denmark)

    Henriksen, Lars Skov

    2014-01-01

    Kapitlet giver en oversigt over de vigtigste teoretiske forståelser af begrebet om det civile samfund. Desuden giver kapitlet en empirisk oversigt over foreninger og organisationer i det danske civilsamfund samt befolkningens civile engagement.......Kapitlet giver en oversigt over de vigtigste teoretiske forståelser af begrebet om det civile samfund. Desuden giver kapitlet en empirisk oversigt over foreninger og organisationer i det danske civilsamfund samt befolkningens civile engagement....

  18. The politics of a European civil code

    NARCIS (Netherlands)

    M.W. Hesselink

    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

  19. 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.

  20. On the detectivity of advanced galactic civilizations.

    Science.gov (United States)

    Sagan, C.

    1973-01-01

    Even with slow rates of technological advance, extraterrestrial civilizations substantially in our future will have technologies and laws of nature currently inaccessible to us, and will probably have minimal interest in communicating with us. If this communication horizon is about 1000 years in our future, other crude estimates previously published imply that only about .0001 of the technical civilizations in the Galaxy are accessible to us. The mean distance to the nearest such society is then about 10,000 light years. Radio detection of extraterrestrial intelligence seems to imply either (1) much larger telescopes or antenna arrays for the detection of civilizations within our Galaxy than now exist; or (2) attention to the nearer extragalactic systems, with smaller radio telescopes, to detect the very small fraction of very advanced societies which may choose to make their presence known to emerging civilizations via antique communication modes.

  1. Nuclear Law

    International Nuclear Information System (INIS)

    We find in this report two studies, one about the compensation regimes applicable to radiation workers in OECD countries, the second one about Tokai-mura accident (Japan): third party liability and compensation aspects. Then, come the case law and administrative decisions, national legislative and regulation activities, international regulatory activities, bilateral agreements, multilateral agreements. Among these different parts are to notice: judgement in the public civil action concerning the Goiania radiological accident (2000,Brazil), judgement of the Council of State confirming the definitive shut-down of Superphenix (2000, France), decision relative to the DOE 's obligation to accept spent nuclear fuel and high level radioactive wastes (HLRW) from nuclear power plants (NPPs) (2000, Usa), decision concerning the construction of a permanent repository for spent nuclear fuel (2000, Finland). (N.C.)

  2. The application of civil commitment law and practices to a case of delusional disorder: a cross-national comparison of legal approaches in the United States and the United Kingdom.

    Science.gov (United States)

    Fennell, Philip; Goldstein, Robert Lloyd

    2006-01-01

    Legal approaches to civil commitment in the United States and the United Kingdom are compared. A concise overview of the historical evolution of civil commitment in both countries precedes a discussion of the present scheme of commitment standards in each system. These current standards in U.S. and U.K. jurisdictions are then applied to a hypothetical case of delusional disorder. A discussion of the constructive use of civil commitment in patients with delusional disorder who may be dangerous focuses on its value as a preventive measure against potential harm to self or others, as well as the pros and cons of coercive assessment and treatment. Despite the many differences in approach to commitment, the authors concur that in both countries the patient with delusional disorder was committable before the commission of a serious criminal offense. PMID:16773626

  3. Law no. 10.308 of 20th November, 2001 on radioactive waste repositories siting, construction, licensing, operation, inspection, costs, indemnity, civil liability and guarantees concerning to the radioactive wastes repositories and other provisions

    International Nuclear Information System (INIS)

    This Act was published on November 20, 2001 and set forth regulations on the final disposal of radioactive wastes produced in Brazil, including siting, construction, licensing, operation, inspection, costs, indemnities, civil liability and guarantees concerning to the radioactive wastes repositories. This act allows for installation and operation of initial, intermediary and final repositories in accordance with the criteria established by the Brazilian Nuclear Energy National Commission - CNEN. The person or organization granted with CNEN authorization for operation of the initial repositories shall be liable for personal, patrimony and environmental radiological damages. The civil liability of CNEN is concerned to the radioactive waste intermediary and final disposals and transportation

  4. The laws. 4. enlarged ed.

    International Nuclear Information System (INIS)

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

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

    Directory of Open Access Journals (Sweden)

    Shannon Lack

    2008-05-01

    Full Text Available 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 status as the first comprehensive anti-trafficking legislation to be enacted in the United States, the TVPA fails to sufficiently address human trafficking concerns. It is suggested that the failure of the TVPA is a result of both the prosecutorial focus of the legislation, a focus which tends to overlook victims’ civil rights, and the contingency of TVPA benefits upon adherence to the prosecutorial process. In response to the shortcomings of the TVPA, the legislation was amended by the Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA to provide a civil remedy for trafficking victims. The civil remedy confers on trafficking victims the private right to vindicate their civil rights and hold their traffickers directly accountable for their exploitative acts. By directly compensating victims, the civil remedy acts as a financial deterrent against traffickers and provides a private enforcement anti-trafficking policy. In pursuing the civil remedy, trafficking victims possess several advantages over the prosecutorial process of the TVPA and other civil causes of action. However, despite its advantages, the civil remedy is infrequently utilized thus frustrating congressional intent that victims advance antitrafficking policy by enforcing a civil remedy against their traffickers.

  6. 7 CFR 1901.203 - Title VIII of the Civil Rights Act of 1968.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 12 2010-01-01 2010-01-01 false Title VIII of the Civil Rights Act of 1968. 1901.203... OF AGRICULTURE PROGRAM REGULATIONS PROGRAM-RELATED INSTRUCTIONS Civil Rights Compliance Requirements § 1901.203 Title VIII of the Civil Rights Act of 1968. FmHA or its successor agency under Public Law...

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

    OpenAIRE

    Kamyshanskiy V. P.; Carnushin V. E.

    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

  8. Protection of civil rights and technological development

    International Nuclear Information System (INIS)

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

  9. Evolution of Law

    OpenAIRE

    Pflimpfel, Stepan

    2011-01-01

    In this Bachelor thesis I would like to present to the reader a comprehensive and adequately in-depth review of what chronological development modern world’s legal systems have undergone up to current time being. The aim is to take the evolution of law step by step and project it on the most significant eras in the history of human civilization. The first - theoretical part is a historical revision of what I consider the crucial points in civilization time line valuable in respect to the...

  10. 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.

  11. Issues in Anti-Corruption Law: How Can Code of Conduct Laws Be Drafted in Order to Reduce Corruption in a Public Sector Like Romania’s?

    OpenAIRE

    Michael, B

    2012-01-01

    International organisations, like the UN and EU, have encouraged their Member States for years to increase civil servants' compliance with particular codes of conduct. Romania represents probably one of the most advanced countries in attempting to legislate on civil servant ethics through its Code of Conduct Law. Yet, the Romanian Code of Conduct Law possesses significant weaknesses, emanating both from the inherent difficulties of using hard law in a soft law area (like civil servants' ethic...

  12. Kingdom, church and civil society: A theological paradigm for civil action

    Directory of Open Access Journals (Sweden)

    J. (Koos M. Vorster

    2015-03-01

    Full Text Available This article deals with the role that churches can and should play in civil society to develop societal morally. The central-theoretical argument is that the biblical notion of the kingdom of God can, when it is systematically and theologically developed, offer an acceptable foundation for the civil action of churches. In light of this the article takes a new look at the neo-Calvinist view on church and society. The kingdom implies the life encompassing governance of God, the formation of the church and the creation of a moral sense amongst people. The church can, from the perspective of the kingdom, be seen as a community within which Christians should be equipped for social action. The church is a power station which carries forth the light of the Gospel by means of the social involvement of believers in civil society. Christians can, based on natural law, work with civil organisations to pursue the common good of the community. Such collaboration becomes possible only when civil society works purpose- and not paradigm-driven. Based on the moral sense that is founded in natural law, Christians can be socially active within civil society in search of the greatest benefit for all people within the community.

  13. 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....

  14. Civil engineering terminology

    OpenAIRE

    Kuhta, Milan; Brunčič, Ana

    2015-01-01

    Among all crises, which have struck Slovenian construction industry, the crisis of civil engineering terminology is perhaps less noticeable, but still as important as all the others. The lack of fundamental characteristics of proper terminology causes a reasonable doubt whether Slovenian civil engineering terminology actually exists. After three editions of Splošni tehniški slovar (A General Technical Dictionary), a preparation of the new civil engineering dictionary represents one step towar...

  15. Civil Society and Accountability

    OpenAIRE

    Kaldor, Mary

    2002-01-01

    The paper provides a brief historical overview of the concept of civil society and the relevance of different meanings to the notion of 'voice' as it relates to poor people. It outlines civil society actors that might be helpful in clarifying different forms of accountability. And in the last section, it draws some conclusions and policy recommendations about the accountability of different types of civil society groups.

  16. Features of the mechanism of administrative and legal regulation of the civil aviation

    OpenAIRE

    Хом’яченко, Світлана Іванівна; Єряшов, Євген Кузьмович

    2014-01-01

    The article is devoted to research of features of mechanism of administrative and law regulations of civil aviation activity. The vision of author on this type of the branch regulations is also given through the norms of the Air Code of Ukraine. English abstract S. Khomiachenko, Ye. Yeriashov Features of the mechanism of administrative and legal regulation of the civil aviation The article is devoted to research of features of mechanism of administrative and law regulations of civil aviation ...

  17. On the Discovery Right in Civil Law of China---With Theoretical Proposition to Take the Discovery Right as a Right of Honor in the Field of Science%论我国民法上的发现权--兼论将发现权作为科学领域荣誉权的理论构想

    Institute of Scientific and Technical Information of China (English)

    王竹; 杨亦楠

    2014-01-01

    我国民法上的发现权制度源于前苏联的科技成果权中的发现权制度,《民法通则》将其纳入知识产权体系是立法错位的遗留问题。发现权在性质上不是知识产权,我国司法实务对发现权的定性实为科学领域的荣誉权。建议以《人格权法》起草为契机,将发现权改造为一种科学领域的荣誉权,纳入人格权体系,对发现的判断标准、发现人的确认、发现权的内容和适用范围作出明确规定。%The rule of discovery right in civil law of China has its origin in the rule of discovery right in the right of scientific and technological achievement system established by the former Soviet Union .It is an unsolved mistake of legislation that the General Principles of Civil Law treats it as an intellectual prop -erty right.Discovery right is not an intellectual property right in nature .The legal practice in China re-gards discovery right as the right of honor in the field of science .It is suggested that the drafting work of Personality Right Law provide an opportunity to transform the discovery right into the right of honor in the field of science , and consolidate it into the system of personality right , and provide a clear regulation in terms of criteria of judging a discovery , determining the discoverer , and the contents and scope of appli-cation of discovery right .

  18. COMMISSION CONTRACT UNDER THE NEW ROMANIAN CIVIL CODE

    Directory of Open Access Journals (Sweden)

    DAN VELICU

    2013-05-01

    Full Text Available The adoption of the new Civil Code and its entry into force on October 1st 2011 has involved an extensive reform of the private law. The new Code has aimed primarily to achieve a unification of the private law, the largest part of the land commerce regulations from the commerce code adopted in 1887 being absorbed into the new text and, secondly, to harmonize the basic institutions of the private law with the European regulations and directives. This study is preliminary and aims to highlight the inspiring models of the new Civil Code and to analyse the functionality of the newly used concepts.

  19. Law without Law

    OpenAIRE

    Sidharth, B. G.

    2007-01-01

    We consider a model for spacetime in which there is an ubiquitous background Dark Energy which is the Zero Point Field. This is further modeled in terms of a Weiner process that leads to a Random or Brownian characterization. Nevertheless we are able to recover meaningful physics, very much in the spirit of Wheeler's Law without Law, that is laws emerging from an underpinning of lawlessness.

  20. 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.

  1. 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....

  2. Apps for Ancient Civilizations

    Science.gov (United States)

    Thompson, Stephanie

    2011-01-01

    This project incorporates technology and a historical emphasis on science drawn from ancient civilizations to promote a greater understanding of conceptual science. In the Apps for Ancient Civilizations project, students investigate an ancient culture to discover how people might have used science and math smartphone apps to make their lives…

  3. Civil War and Inoperativity

    DEFF Research Database (Denmark)

    Flohr, Mikkel

    2016-01-01

    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...

  4. 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.)

  5. 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...... literature. First, contrary to what is commonly argued, we claim that strong states in Asia promote civil regulation in what we call the “paradox of the weak state”. Second, we not only argue that civil regulation is mainly enforced by multinational enterprises willing to promote international social and...... environmental standards; but also that local, small and medium companies play a key role in the development of Asian civil regulation. We call this second finding the “CSR importation trap”. Our findings are supported by evidence on the limitations in the interchangeable properties of business and governments...

  6. Middle School Law Awareness Curriculum Guide, 1980.

    Science.gov (United States)

    Seminole County Board of Public Instruction, Sanford, FL.

    Materials, activities, and lesson plans for educating middle school students about the law and the legal system are presented. Materials for the sixth grade are contained in six sections: (1) Prehistoric Man; (2) Ancient Civilizations; (3) Ancient Greece; (4) Ancient Rome; (5) Medieval Civilizations; and (6) the Renaissance. Grade 7 has three…

  7. Civil Procedure Harmonization in the EU: Unravelling the Policy Considerations

    OpenAIRE

    Zampia Vernadaki

    2013-01-01

    This article examines the role and significance of the fundamental right of access to justice in the EU (Article 47 CFREU) in the context of the fragmentation of EU law, as evidenced in the area of civil procedure law. As member states’ procedural regimes are considerably divergent, EU institutions intervene, more and more often, to ensure EU law is effectively enforced in an equivalent manner across the EU. This work thus addresses a preliminary question: when should EU institutions provide ...

  8. Civil Procedure Harmonization in the EU: Unravelling the Policy Considerations

    Directory of Open Access Journals (Sweden)

    Zampia Vernadaki

    2013-06-01

    Full Text Available This article examines the role and significance of the fundamental right of access to justice in the EU (Article 47 CFREU in the context of the fragmentation of EU law, as evidenced in the area of civil procedure law. As member states’ procedural regimes are considerably divergent, EU institutions intervene, more and more often, to ensure EU law is effectively enforced in an equivalent manner across the EU. This work thus addresses a preliminary question: when should EU institutions provide civil procedure rules that promote effective dispute resolution and enforcement of EU law? In other words, which are the policy parameters that render such a proactive stance on the part of the EU institutions both desirable and feasible? EU institutions will have to answer this question for every legislative proposal in the area of civil justice. Therefore, this article only offers the broad lines along which such in concreto justification for legislative action in civil justice will have to take place. It is argued that EU institutions should take into account the various cultural, economic, social, and historical implications of civil procedure law in order to achieve a coherent approach. Against this background, the fundamental right to effective remedy and fair trial should tie all policy parameters together.

  9. Technological change, accident prevention and civil liability

    OpenAIRE

    Silva Ferreira, Flávio Henrique

    2012-01-01

    The improvement of accident prevention technology in many fields of social life has spurred new challenges to the doctrinal tools of fault and strict based civil liability in the law of torts. Amid these challenges lies the identification of the proper scope of the respective criteria of liability in a changing factual environment, their suitability as doctrinal tools, as well as their actual application to concrete cases given the amount of information which would be needed to render adequat...

  10. 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 l......, 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....

  11. 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.)

  12. Product Liability Law of Thailand: Analysis of Conundrums under Current Related Laws and Regulations with a Comparative U.S. Approach to the Same Problems Using Contract and Tort Law

    OpenAIRE

    Phimkitidej, Kosin

    2006-01-01

    The Thai legal system is a civil law system largely influenced by the legal tradition in continental Europe, especially Germany and Switzerland, and taking Japan as its model. One of the four basic codes of Thailand, the Civil and Commercial Code (CCC), is the most significant law governing the civil and commercial relationships of its people. As Thailand has no specific law pertaining to product liability despite the fact that an unsuccessful attempt is made by every government to introduce ...

  13. 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...

  14. 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...

  15. 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.

  16. 赠与合同中民事法律关系理论的几点研究%Research on the Theory on the Relations of Civil Law in Gift Contracts

    Institute of Scientific and Technical Information of China (English)

    杜丽

    2011-01-01

    Gift contract is a special form of civil legal relations, it is the legitimate property of gift being given to recipient with free charge, and the recipient indicates the two sides agreed to accept the agreement.As compared with other well-known contracts, grant acts often based on kinship, friends or other ethical reasons.Therefore, the grant contract, in essence, is completely different from other transfers contracts of property such as trade,reciprocity contract.In this paper, gift contract described from the perspective of civil legal relations through the qualifications definition of gift contract subject and object and the classification of its is contents.%赠与合同是一种特殊形态的民事法律关系,它是指赠与人将自己合法财产无偿给予受赠人,受赠人表示接受的双方一致合同.与其他有名合同作比,赠与行为的发生,往往是基于亲属关系、朋友或其他道德上的原因.因此,赠与合同在本质上与其他转移财产合同如买卖、互易合同是完全不同的.本文通过有关赠与合同主体、客体的资格界定;通过对其内容的归类,从民事法律关系角度对赠与合同进行阐述.

  17. Civil justice reform II

    OpenAIRE

    McInnis, A

    2002-01-01

    In the column last month our regular contributor Dr Arthur McInnis took our first look at Hong Kong's Civil Justice Reform Interim Report and Consultative Paper. Those reforms as noted and if enacted, would bring the most far-reaching changes to civil - including construction -litigation in more than 100 years. This month, in the second of the two-part series, we look at the key concepts underlying and the details in the specific proposals.

  18. Nuclear energy and civilization

    International Nuclear Information System (INIS)

    The role of energy is indeed very important since without it there will be no living-things in this world. A country's ability to cultivate energy determines the levels of her civilization and wealth. Sufficient energy supply is needed for economic growth, industrialization, and modernization. In a modern civilization, the prosperity and security of a country depends more on the capability of her people rather than the wealth of her natural resources. Energy supplies the wealth, prosperity and security, and sufficient reliable continuous supply of energy secures the sustainable development. The energy supply to sustain the development has to improve the quality of life covering also the quality of environment to support the ever increasing demand of human race civilization. Energy has a closer relationship with civilization in a modern society and will have to become even closer in the future more civilized and more modern society. The utilization of nuclear energy has, however, some problems and challenges, e.g. misleading information and understanding which need serious efforts for public information, public relation, and public acceptance, and possible deviation of nuclear materials for non-peaceful uses which needs serious efforts for technological and administrative barriers, precaution, prevention, safety, physical protection, safeguard, and transparency. These require cooperation among nuclear community. The cooperation should be more pronounced by heterogeneous growing Asian countries to reach harmony for mutual benefits toward better civilization. (J.P.N.)

  19. ACCEPTANCE OF THE INHERITANCE IN THE NEW CIVIL CODE REGULATION

    OpenAIRE

    ILIOARA GENOIU

    2011-01-01

    The new regulation in civil matter, represented by Law no. 287/2009 regarding the Civil Code, whose date to entry in force has not been established yet, reconfigures quasi-totally the acceptance inheritance institution. In this paper we will analyze the acceptance of the inheritance issue under all its aspects, as a valence of the successional option right, in the light of the new Civil Code dispositions. We will thus be able to reveal the novelties brought by the new regulation and to apprec...

  20. Civil Rights: Progress Report, 1970

    Science.gov (United States)

    Diamond, Robert A., Ed.; Alligood, Arlene, Ed.

    Contents of this comprehensive review of civil rights developments from 1968 to 1970 include: Introduction--civil rights 1970: progress continues, priority wanes; Legislative Background--20 years of civil rights; Commission Report--civil rights enforcement; a promise unfulfilled; Supreme Court Decision--key decision on busing, racial balance…

  1. Considerations in civil commitment of individuals with substance use disorders.

    Science.gov (United States)

    Cavaiola, Alan A; Dolan, David

    2016-01-01

    Several states currently have enacted laws that allow for civil commitment for individuals diagnosed with severe substance use disorders. Civil commitment or involuntary commitment refers to the legal process by which individuals with mental illness are court-ordered into inpatient and/or outpatient treatment programs. Although initially civil commitment laws were intended for individuals with severe mental illness, these statutes have been extended to cover individuals with severe substance use disorders. Much of the recent legislation allowing for civil commitment of individuals with substance use disorders has come about in response to the heroin epidemic and is designed to provide an alternative to the unrelenting progression of opioid use disorders. Civil commitment also provides an opportunity for individuals with opioid use disorders to make informed decisions regarding ongoing or continued treatment. However, civil commitment also raises concerns regarding the potential violation of 14th Amendment rights, specifically pertaining to abuses of deprivation of liberty or freedom, which are guaranteed under the 14th Amendment to the United States Constitution. This commentary examines these issues while supporting the need for effective brief civil commitment legislation in all states. PMID:25832824

  2. Youth and the Law, #4012. Ninth Grade, Elective Semester, Social Studies Curriculum.

    Science.gov (United States)

    Townsend, Kenneth; Webb, Patrick

    The goal of this ninth grade elective social studies course is to acquaint students with the U.S. criminal and civil legal systems. This curriculum guide presents the course content in outline form according to the general topics of: (1) the history of U.S. law; (2) Constitutional law; and (3) civil law. Two suggested textbooks are listed, and…

  3. Searching for extraterrestrial civilizations.

    Science.gov (United States)

    Kuiper, T B; Morris, M

    1977-05-01

    We have argued that planning for a search for extraterrestrial intelligence should involve a minimum number of assumptions. In view of the feasibility (at our present level of understanding) of using nuclear fusion to effect interstellar travel at a speed of 0.1c, it appears unwarranted (at this time) to assume that it would not occur for at least some technologically advanced civilizations. One cannot even conclude that humans would not attempt this within the next few centuries. On the contrary, the most likely future situation, given the maintenance of technological growth and the absence of extraterrestrial interference, is that our civilization will explore and colonize our galactic neighborhood. A comparison of the time scales of galactic evolution and interstellar travel leads to the conclusion that the galaxy is either essentially empty with respect to technological civilizations or extensively colonized. In the former instance, a SETI would be unproductive. In the latter, a SETI could be fruitful if a signal has been deliberately directed at the earth or at an alien outpost, probe, or communication relay station in our solar system. In the former case, an existing antenna would probably be sufficient to detect the signal. In the latter case, success would depend on the way in which the communications were coded. Failure to detect a signal could permit any of the following conclusions: (i) the galaxy is devoid of technological civilizations, advanced beyond our own, (ii) such civilizations exist, but cannot (for some reason which is presently beyond our ken) engage in interstellar colonization, or (iii) such civilizations are not attempting overt contact with terrestrial civilizations and their intercommunications, if present, are not coded in a simple way. To plan at this time for a high-cost, large-array SETI based on the last two possibilities appears to be rather premature. PMID:17760037

  4. Environmental law

    International Nuclear Information System (INIS)

    In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST)

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

    OpenAIRE

    BOGDAN FLORIN MICU

    2013-01-01

    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 thes...

  6. 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.

  7. Developing the Interstate Identification Index/Federal Bureau of Investigation (III/FBI) system for providing timely criminal and civil identification and criminal history information to the nation's law enforcement agencies

    Science.gov (United States)

    Copeland, Patricia L.; Shugars, James

    1997-02-01

    The Federal Bureau of Investigation (FBI) is currently developing a new system to provide timely criminal and civil identities and criminal history information to the nation's local, state, and federal users. The Integrated Automated Fingerprint Identification System (IAFIS), an upgrade to the existing Identification Division Automated Services (IDAS) System, is scheduled for implementation in 1999 at the new FBI facility in Clarksburg, West Virginia. IAFIS will offer new capabilities for electronic transmittal of fingerprint cards to the FBI, an improved fingerprint matching algorithm, and electronic maintenance of fingerprints and photo images. The Interstate Identification Index (III/FBI) System is one of three segments comprising the umbrella IAFIS System. III/FBI provides repository, maintenance, and dissemination capabilities for the 40 million subject national criminal history database. III/FBI will perform over 1 million name searches each day. Demanding performance, reliability/maintainability/availability, and flexibility/expandability requirements make III/FBI an architectural challenge to the system developers. This paper will discuss these driving requirements and present the technical solutions in terms of leading edge hardware and software.

  8. 民事诉讼法中案外第三人对执行的异议之诉%Complaint of Objection to Execution from the External Third Party in Civil Procedure Law

    Institute of Scientific and Technical Information of China (English)

    刘静

    2012-01-01

    During the judgments and implementation in civil process,the subject-matter of implementation may involve the interests of a third person out of the case,who can challenge the implementation of the subject.On the basis of referring to the German legal literature and under current legislation in China,this article expounds the legal characteristics,conditions for placing on file,conditions for the establishment of litigation,burden of proof,and legal consequences of the external third party's complaint of objection to execution from the point of view of judicial practice.%在民事判决和执行过程中,被执行的标的物可能涉及案外第三人的利益。案外第三人对执行标的可提出异议。文章在参阅德国法律文献的基础上,根据我国立法现状,从司法实践的角度论述了案外第三人对执行异议之诉的法律特征、立案条件、诉讼成立条件、举证责任及其法律后果。

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

    OpenAIRE

    Franciel Munaro

    2007-01-01

    The new Civil Code brings the institute of right abuse as a general clause. This clause, through its structural elements, as good-faith, good-customs and the social and economical aims, will find the responsibility of the agent into compensate another person who has overtook the limits of the law. The right abuse institute, however, goes further one to the civil order and the responsibility institute, coming around another fields of the law as well the institute of civil responsibility, match...

  10. How Do Case Law and Statute Differ? Lessons from the Evolution of Mortgage Law

    OpenAIRE

    Andra Ghent

    2014-01-01

    This paper traces the history of mortgage law in the United States. I explore the history of foreclosure procedures, redemption periods, restrictions on deficiency judgments, and foreclosure moratoria. The historical record shows that the most enduring aspects of mortgage law stem from case law rather than statute. In particular, the ability of creditors to foreclose nonjudicially is determined very early in states' histories, usually before the Civil War, and usually in case law. In contrast...

  11. Case law

    International Nuclear Information System (INIS)

    This section treats of the following case laws: 1 - Canada: Decision of the Canadian Federal Court of Appeal overturning a decision to send back for reconsideration an environmental assessment of a proposed new nuclear power plant in Ontario; 2 - France: Council of State decision, 28 November 2014, Federation 'Reseau sortir du nucleaire' (Nuclear Phase-Out network) and others vs. Electricite de France (EDF), Request No. 367013 for the annulment of: - The resolution of the French Nuclear Safety Authority (ASN) dated 4 July 2011 specifying additional regulations for Electricite de France (EDF) designed to strengthen the reactor basemat of reactor No. 1 in the Fessenheim nuclear power plant, and - The resolution of ASN dated 19 December 2012 approving the start of work on reinforcing the reactor basemat in accordance with the dossier submitted by EDF; 3 - Germany: Judgment of the European Court of Justice on the nuclear fuel tax; 4 - India: Judgment of the High Court of Kerala in a public interest litigation challenging the constitutional validity of the Civil Liability for Nuclear Damage Act, 2010; 5 - Japan - District court decisions on lawsuits related to the restart of Sendai NPP and Takahama NPP; 6 - Poland: Decision of the Masovian Voivod concerning the legality of the resolution on holding a local referendum in the Commune of Rozan regarding a new radioactive waste repository; Certain provisions of the Regulation of the Minister of Health of 18 February 2011 on the conditions for safe use of ionising radiation for all types of medical exposure have been declared unconstitutional by a judgment pronounced by the Constitutional Tribunal; 7 - Slovak Republic: Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant

  12. 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.)

  13. Civil society sphericules

    DEFF Research Database (Denmark)

    Tufte, Thomas

    2014-01-01

    the organization strategizes about and seeks to articulate amongst Tanzanian youth. Situated in the ‘perverse confluence’ (Dagnino, 2011) between neoliberal and radical democratic agendas in the communicative practices of civil society-driven media platforms, Femina navigates between identities as an NGO, a social...... 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....

  14. 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....

  15. Thinking law: thinking law in motion

    Directory of Open Access Journals (Sweden)

    Laura Beth Nielsen

    2014-07-01

    Full Text Available 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 claim credit. And yet, the attempt to put them together in a comprehensive schema with consideration for all four of the multiplicities in the same project, demonstrates that a law in motion perspective can bear new fruit. To do this, my article combines analysis of some of the research in Law & Society that exemplifies these trends and my own research on employment civil rights litigation to interrogate the necessity of a “multiple” approach for our “multiple futures.”

  16. 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.

  17. Civil justice reform

    OpenAIRE

    McInnis, A

    2001-01-01

    Last month a high-level Working Party on Civil Justice Reform in Hong Kong released a widely anticipated Interim Report and Consultative Paper. The reforms, if enacted, would bring the most far-reaching changes to civil - including construction - litigation in the territory in more than 100 years. This month, in the first of a two-part series, our regular contributor Dr Arthur McInnis, looks at the context for the reforms and the reasons underlying them while next month the recommendations th...

  18. Searching for extraterrestrial civilizations

    Science.gov (United States)

    Kuiper, T. B. H.; Morris, M.

    1977-01-01

    Three interrelated assumptions are critically examined in an attempt to outline a productive strategy for a search for extraterrestrial intelligence. Questions concerning the feasibility of interstellar travel are investigated. It is concluded that the probability of interstellar travel is high enough that, given a modest number of advanced civilizations, at least one of them will engage in interstellar voyages and colonize the galaxy. Assuming, however, that technological civilizations are rare the galaxy would be essentially unpopulated. Attention is given to the present lack of contact with extraterrestrial beings and frequencies for interstellar beacons.

  19. ISSUES OF CIVIL REGULATION CALCULATIONS IN AGRICULTURE

    Directory of Open Access Journals (Sweden)

    Ulash Umarov

    2014-05-01

    Full Text Available One of the main sources of providing economic growth of agriculture and maintenance welfare life of population of Uzbekistan is required to develop step-by-step legislation. It regulates legal relations linked with calculations in agriculture and constantly its legal basis by virtue of theory, studies and principles of civil law according to the frames of reforms. The main goal of providing social-economic reforms in agriculture of Uzbekistan is to hardly continue maintaining successful life of country, and apropos of this increasing the size of producing in agriculture which based on competitive market, widening new range of production. Uninterruptedly continuing the strategy of economic reforms directed to provide successfully execution of governmental programs which aimed to develop diversified farm enterprise – studying legal problems of civil legal regulation of social-economic and investments relations play the main role based on calculations of current industry.

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

    OpenAIRE

    Ana-Maria Lupulescu

    2012-01-01

    The new Civil Code introduces several important changes and clarifications regarding the ownership right in general, and the private ownership right, in particular, so that it becomes necessary, for both the analyst in law and the practitioner, to make a comparison between the old regulation contained in the Civil Code of 1864 and the current regulation provided by the new Civil Code. At least in theory, the new legal framework in this area shows greater consistency and legal precision, altho...

  1. Natural Person’s Legal Competence in the Conception of the Assumed Civil Code

    OpenAIRE

    Bojinca, Moise

    2010-01-01

    The person’s civil ability, having as constitutive elements the capacity to have rights and obligations and the legal competence, assigns the juridical capacity specific to the civil law. While the civil capacity to have rights and obligations represents the general and abstract aptitude of a person to have rights and obligations and it is gained at birth date and sometimes even since the conception, the legal competence is granted in considering the discernment gradually formed and it suppos...

  2. What Is Western Civilization?

    Science.gov (United States)

    Birken, Lawrence

    1992-01-01

    Discusses opposing tendencies in the interpretation of Western Civilization. Describes the expanded definition that includes Byzantine and Islamic cultures as heirs of the Greco-Roman cultures. Suggests that a limited definition of Western culture will facilitate a problems approach, emphasize diversity among cultures, and integrate the classical…

  3. European Civilization. Teacher's Manual.

    Science.gov (United States)

    Leppert, Ella C.; Halac, Dennis

    The instructional materials in this teaching guide for Course II, Unit IV, follow and build upon a previous sequential course described in SO 003 169 offering ninth grade students a study on the development of Western European Civilization. Focus is upon four periods of high development: The High Middle Ages (12th Century), The Renaissance (15th…

  4. 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…

  5. When Public Protection becomes Punishment? – The UK Use of Civil Measures to Contain Sex Offender

    Directory of Open Access Journals (Sweden)

    Terry Thomas

    2006-05-01

    Full Text Available The last ten years has witnessed an increased use of the civil law in the UK to contain and incapacitate the sex offender. These measures have been introduced to improve community safety and public protection, as the criminal law seeks to punish and condemn. This paper explores the contention that the civil and criminal law are in danger of becoming confused and the line between the two becoming blurred. At worst the civil law is in danger of becoming a form of criminal punishment in its own right and those charged with implementing it, in danger of getting their roles confused. What starts out as a civil regulatory or administrative arrangement for public safety becomes increasingly obstructive, has ‘gate-ways’ to criminal proceedings and is implemented in a punitive fashion.

  6. Annual Report to Congress of the Office for Civil Rights. Fiscal Years 2007-08

    Science.gov (United States)

    Office for Civil Rights, US Department of Education, 2009

    2009-01-01

    This paper is the Office for Civil Rights's (OCR's) "Annual Report to Congress" for fiscal years 2007 and 2008. This report details OCR's accomplishments in enforcing the civil rights laws under which OCR has been granted jurisdiction to address and remedy discrimination. These enforcement efforts include complaint investigation and resolution,…

  7. 29 CFR 801.43 - Civil money penalties-payment and collection.

    Science.gov (United States)

    2010-07-01

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

  8. 32 CFR 516.68 - Program Fraud Civil Remedies Act (PFCRA).

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Program Fraud Civil Remedies Act (PFCRA). 516.68... AUTHORITIES AND PUBLIC RELATIONS LITIGATION Remedies in Procurement Fraud and Corruption § 516.68 Program Fraud Civil Remedies Act (PFCRA). (a) PFCRA was enacted on 21 October 1986 (Public Law 99-509)...

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

    Science.gov (United States)

    US Department of Education, 2009

    2009-01-01

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

  10. Civil Disobedience, 1830-1850, and a Modern Analogy. Teacher and Student Manuals.

    Science.gov (United States)

    Moulton, Muriel

    This social studies unit invites students to consider the philosophical bases of civil disobedience as well as the practical consequences and limits of the use of law-breaking as a means of social protest. The first three sections of the unit focus on the abolitionists' civil disobedience in antebellum America, presenting brief accounts of mob…

  11. Marriage law and practice in the Sahel.

    Science.gov (United States)

    Boye, A K; Hill, K; Isaacs, S; Gordis, D

    1991-01-01

    The legal systems of Sahelian African countries combine customary law, Islamic law, French colonial law, and civil law introduced since independence in 1960. Utilizing a framework developed by the Faculty of Law, University of Dakar, Senegal, and the Development Law and Policy Program, Center for Population and Family Health, Columbia University, the Sahel Institute undertook a comprehensive study of the legal and social status of women in Burkina Faso, Mali, Niger, and Senegal. Since 1960, Burkina Faso, Mali, and Senegal have replaced French family law with national marriage codes. Niger has not yet adopted a family code; the laws on the family inherited from the French remain in force. The postindependence marriage codes have attempted to give young women more say in choosing a husband, to regulate the practice of bride price, and to limit the practice of polygyny. They have done this by integrating customary law and government-passed civil law. Mali, Niger, and Senegal have repealed provisions in their codes prohibiting the distribution of contraception, based on a 1920 French law. Although it has taken no formal legal action, Burkina Faso has adopted family planning policies that effectively nullify the 1920 law. PMID:1792674

  12. Principles of European Contract Law

    DEFF Research Database (Denmark)

    Lando, Ole; Beale, Hugh

    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......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...... 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...

  13. Democracy promotion and civil society

    OpenAIRE

    Ishkanian, Armine

    2007-01-01

    The annual Global Civil Society Yearbooks provide an indispensable guide to global civil society or civic participation and action around the world. This year, the Yearbook will focus on communicative power and democracy, investigating different forms of democracy promotion and communication with a view to understanding the relationship between communication, democracy and media. The Global Civil Society Yearbook remains the standard work on all aspects of contemporary global civil society fo...

  14. 49 CFR 1503.607 - Administrative law judges.

    Science.gov (United States)

    2010-10-01

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

  15. 18 CFR 430.31 - Sanctions: Civil and criminal.

    Science.gov (United States)

    2010-04-01

    ... criminal. 430.31 Section 430.31 Conservation of Power and Water Resources DELAWARE RIVER BASIN COMMISSION SPECIAL REGULATIONS GROUND WATER PROTECTION AREA: PENNSYLVANIA § 430.31 Sanctions: Civil and criminal. (a... the Commission may, in his discretion, request the appropriate law enforcement officers of...

  16. 24 CFR 103.5 - Other civil rights authorities.

    Science.gov (United States)

    2010-04-01

    ... under title VI (24 CFR parts 1 and 2), section 109 (24 CFR 570.602)), Executive Order 11063 (24 CFR part 107), section 504 (24 CFR part 8), or other applicable law. ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Other civil rights authorities....

  17. A Microeconomic Model of the Demand of Civil Justice

    DEFF Research Database (Denmark)

    Antonelli, Maria Alessandra; Grembi, Veronica

    2013-01-01

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

  18. 76 FR 2246 - Defense Support of Civil Authorities (DSCA)

    Science.gov (United States)

    2011-01-13

    ... military or the President too much power. Example: DOD-2008-OS-0085-0036 ``I am opposed to this government regulation `Defense Support of Civil Authorities'. It gives power to the military to assume civilian law... published a proposed rule on December 4, 2008 (73 FR 73896-73900). Eighty-four comments were received...

  19. Civil Society and Distributional Conflicts in Southeast Asia

    DEFF Research Database (Denmark)

    Schmidt, Johannes Dragsbæk

    2010-01-01

    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 is...... 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 chapter 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...

  20. 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.

  1. 75 FR 5244 - Civil Penalties

    Science.gov (United States)

    2010-02-02

    ...) entitled ``Civil Penalties'' which proposed the adjustment of certain civil penalties for inflation. 74 FR.... See 62 FR 37115 (July 10, 1997) (NHTSA's civil penalty policy under the Small Business Regulatory... April 11, 2000 (65 FR 19477, 19477-78). FOR FURTHER INFORMATION CONTACT: Jessica Lang, Office of...

  2. 77 FR 70710 - Civil Penalties

    Science.gov (United States)

    2012-11-27

    ...,000. 75 FR 5246. Also on February 10, 2010, NHTSA last adjusted the maximum civil penalty for a... civil penalty policy when determining the appropriate civil penalty amount. See 62 FR 37115 (July 10... Act was published on February 4, 1997. 62 FR 5167. At that time, we codified the penalties...

  3. 77 FR 55175 - Civil Penalties

    Science.gov (United States)

    2012-09-07

    ... $6,000. 71 FR 28279. At the same time, the agency adjusted the maximum civil penalty for a single... to $16,650,000. 75 FR 5246. Also on February 10, 2010, NHTSA last adjusted the maximum civil penalty... policy when determining the appropriate civil penalty amount. See 62 FR 37115 (July 10, 1997)...

  4. Desobediencia civil en Argentina

    Directory of Open Access Journals (Sweden)

    Gustavo Fondevila

    2003-01-01

    Full Text Available Resumen: La crisis económica de Argentina en años recientes derivó en la pérdida de legitimidad de las instituciones políticas del país. La medida de suspensión de las libertades y garantías de derechos individuales provocó una desobediencia civil generalizada que llevó a miles de personas a manifestar pacíficamente su repudio al gobierno de Fernando de la Rúa. Este gesto ciudadano espontáneo, desorganizado y voluntario sirvió, entre otras cosas, para formar una autodeterminación primaria directa de la voluntad popular y una autocomprensión del carácter democrático de la sociedad civil. La justificación de la desobediencia se basaba en una cuestión de derechos. Todos los manifestantes afirmaban que tenían derecho a desobedecer porque la desobediencia, en ciertas circunstancias, era un derecho humano. ¿Pero puede ser la desobediencia civil, en un Estado de derecho, un auténtico derecho? ¿En qué circunstancias, en el contexto legal y fuera de los derechos habituales de resistencia como huelga, manifestación, etcétera, se puede desobedecer una norma legal? Abstract: The recent economic crisis in Argentina led to the loss of identity of the country’s political institutions. The measure of the suspension of freedom and of the guarantee of individual rights provoked a generalized civil disobedience which led thousands of people to peacefully demonstrate their repudiation of Fernando de la Rúa’s government. This spontaneous, unorganized and voluntary action by the citizens served, among other things, to form a direct primary self-determination of the will of the people and a self-understanding of the democratic character of civil society. The justification of the disobedience was based on a question of rights. All the demonstrators asserted that they had the right to disobey because disobedience, in certain circumstances, was a human right. However, can civil disobedience, in a constitutional state, be an authentic right

  5. Jurisdiction and its determination in civil cases

    OpenAIRE

    Rasnačs, Lauris

    2010-01-01

    Abstract The main target for the present research is creation of the comprehensive research on jurisdiction in civil cases. In the result of the present research is proposed the new definition for legal term ‘jurisdiction’, undefined in the present Latvian legal science, as the proposals of the amendments to legal terms ‘pakļautība’ and ‘piekritība’, related to jurisdiction and specific for Latvian law. The author also has made the broad research on the principle of right to a fair trial a...

  6. 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

  7. Galactic-scale civilization

    Science.gov (United States)

    Kuiper, T. B. H.

    1980-01-01

    Evolutionary arguments are presented in favor of the existence of civilization on a galactic scale. Patterns of physical, chemical, biological, social and cultural evolution leading to increasing levels of complexity are pointed out and explained thermodynamically in terms of the maximization of free energy dissipation in the environment of the organized system. The possibility of the evolution of a global and then a galactic human civilization is considered, and probabilities that the galaxy is presently in its colonization state and that life could have evolved to its present state on earth are discussed. Fermi's paradox of the absence of extraterrestrials in light of the probability of their existence is noted, and a variety of possible explanations is indicated. Finally, it is argued that although mankind may be the first occurrence of intelligence in the galaxy, it is unjustified to presume that this is so.

  8. Civil Engineering Dispute Resolution

    CERN Document Server

    Osborne, J

    2001-01-01

    Construction work on the civil engineering contract started at Point 5 in August 1998. The new surface buildings and underground structures are necessary to accommodate the CMS detector for the LHC Project. The principal underground works consist of two new shafts, two parallel caverns separated by a supporting pillar, and a number of small connection tunnels and service galleries. A dispute resolution procedure has been included in the contract, whereby a Panel of Adjudicators may be called upon to make a decision in the case of a difference or dispute between the parties. The aim of this paper is to present CERN's first experience of civil engineering Adjudication arising from problems encountered with the ground freezing technique employed to allow construction of two new shafts.

  9. On Property Right and Its Application in Economic Law —— Some Thoughts on the Theory of Civil Law Property Rights%刍议经济法之内物权理论的首创及其意义——对民法物权理论的一些思考

    Institute of Scientific and Technical Information of China (English)

    楼建兵

    2012-01-01

    The Property Right and Its Application in Economic Law which originated from Pro. Cheng Naixin, had broken with the sanctity of traditional Property Law, and developed a domain theory. The traditional Property Law is a narrow sense about "corporeal property law", not including the fructus inside the body, which is the right of labor ability. But the right of labor ability is the first level of human rights, and the core meaning of property law under economic law, which is the foundation of existence and development of human beings. The theory about inner propery is on the basic of morden Property Law, which is a kind of development and breakout of tradition Property Law. The inner prperty law under economic law is the basic right which economic law confirms and protects, and has an extensive application prospect in scientific study and practice. This is beneficial to our huge labor market by arousing the enthusiasm of billions of people making money and improving the ability of making money. And in the end, it is beneficial to promote the rapid and sound development of national eccnomy, and gradually building a harmonious society.%陈乃新先生首创的“经济法之内物权理论”打破了传统民法物权的神圣性,提出了全面而独到的理论——传统物权法理论只有外物权的狭义物权,对作为人为孳息的“存在于人体之内”的劳动力权没有界定,而劳动力权是第一人权,是经济法内物权,是人得以存在和发展的基础。内物权理论是基于法权理论之上的现代物权理论。是对传统物权理论的深化与突破。经济法之内物权是经济法所需确认和保护的最基本的权利,在经济法领域和实践过程中具有广阔的应用前景,这有利于开发我国庞大的人力资源,有利于调动亿万劳动人民创造财富的积极性和提高创造财富的能力,有利于促进国民经济的快速、健康发展,逐步构建和谐社会。

  10. Environmental law

    International Nuclear Information System (INIS)

    This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (HSCH)

  11. Civil Servants’ Salary Structure

    OpenAIRE

    Bilquees, Faiz

    2006-01-01

    The paper looks at the trends in nominal and real salaries of the Federal Government employees over the period 1990-2006. It examines the structural defects in the existing salary structure and the anomalies in the allowances structure to show that appropriate remuneration for the civil servants requires serious and urgent consideration. The widening gap in the emoluments of government employees versus the public sector corporations and private sector employees has a strong bearing on the mot...

  12. 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...

  13. 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.

  14. 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.

  15. COMMISSION CONTRACT UNDER THE NEW ROMANIAN CIVIL CODE

    OpenAIRE

    2013-01-01

    The adoption of the new Civil Code and its entry into force on October 1st 2011 has involved an extensive reform of the private law. The new Code has aimed primarily to achieve a unification of the private law, the largest part of the land commerce regulations from the commerce code adopted in 1887 being absorbed into the new text and, secondly, to harmonize the basic institutions of the private law with the European regulations and directives. This study is preliminary and aims to highlight ...

  16. 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

  17. World law

    OpenAIRE

    Harold J. Berman; Robert W. Woodruff; James Barr Ames

    1999-01-01

    In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the ...

  18. Limit laws for Zipf's law

    International Nuclear Information System (INIS)

    In this communication we establish stochastic limit laws leading from Zipf's law to Pareto's and Heaps' laws. We consider finite ensembles governed by Zipf's law and study their asymptotic statistics as the ensemble size tends to infinity. A Lorenz-curve analysis establishes three types of limit laws for the ensembles' statistical structure: 'communist', 'monarchic', and Paretian. Further considering a dynamic setting in which the ensembles grow stochastically in time, a functional central limit theorem analysis establishes a Gaussian approximation for the ensembles' stochastic growth. The Gaussian approximation provides a generalized and corrected formulation of Heaps' law. (fast track communication)

  19. Statute law or case law?

    OpenAIRE

    Anderlini, Luca; Felli, Leonardo; RIBONI, Alessandro

    2008-01-01

    In a Case Law regime Courts have more flexibility than in a Statute Law regime. Since Statutes are inevitably incomplete, this confers an advantage to the Statute Law regime over the Case Law one. However, all Courts rule ex-post, after most economic decisions are already taken. Therefore, the advantage of flexibility for Case Law is unavoidably paired with the potential for time-inconsistency. Under Case Law, Courts may be tempted to behave myopically and neglect ex-ante welfare because, ex-...

  20. 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

  1. 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.

  2. Energy Law

    International Nuclear Information System (INIS)

    The author is trying very hard to present a systematic and compact description of the energy law as a whole. For reasons metioned in the first chapter, the energy law confines itself to the law relating to energy supplied by means of pipelines and transmission lines. Energy law and the law relating supplied by means of pipelines are therefore synonyms. There is no special energy law except the one relating to energy supplied by means of pipelines. The book - intended to be read by experts and undergraduates - discusses the subject and systematics of energy law, energy control, price regulations for electricity supply industry and for the gas supply industry, the law relating to pipe-laying, licence fees and law on cartels, supply obligations of the electricity supply utilities, legal issues of energy supply contracts, liability for supply disruptions, the legal nature of public energy supply, planning law, the relating to plant licensing, atomic law, legal protection in plant licensing procedures, the current structure of industry supplying energy by means of pipelines and, finally, reform demands. (orig.)

  3. Desobediencia civil en Argentina

    OpenAIRE

    Gustavo Fondevila

    2003-01-01

    Resumen: La crisis económica de Argentina en años recientes derivó en la pérdida de legitimidad de las instituciones políticas del país. La medida de suspensión de las libertades y garantías de derechos individuales provocó una desobediencia civil generalizada que llevó a miles de personas a manifestar pacíficamente su repudio al gobierno de Fernando de la Rúa. Este gesto ciudadano espontáneo, desorganizado y voluntario sirvió, entre otras cosas, para formar una autodeterminación primaria di...

  4. Sociedad civil, ciudadanía y género Civil society, citizenship and gender

    Directory of Open Access Journals (Sweden)

    Sonia Reverter Bañón

    2008-12-01

    Full Text Available El principal objetivo de este artículo es ver y comprender la relación de tres conceptos: igualdad de género, sociedad civil y ciudadanía, con el interés de concluir cómo se puede hacer avanzar la agenda feminista. En la historia del movimiento feminista la relación de la sociedad civil y la ciudadanía y sus nexos con el estado han sido el centro de la lucha de las demandas feministas. La historia de los grupos feministas en sus luchas de finales del siglo XIX y principios del XX son un buen ejemplo de cómo las mujeres han sabido constituirse en asociaciones como parte de la sociedad civil para demandar derechos que los estados finalmente han incorporado a través de las leyes y las políticas de igualdad. Los actuales estados democráticos han alcanzado un gran nivel de igualdad legal, principalmente a través del mecanismo de la ciudadanía; pero, este mecanismo no parece suficiente para deshacer algunas desigualdades e injusticias que las mujeres sufren, especialmente en los ámbitos cultural, social y económico. Al analizar estas desigualdades podemos encontrar que la sociedad civil es un campo duro para ser transformado hacia la igualdad, más duro que el representado por el estado democrático.The aim of this paper is to examine three concepts, gender equality, civil society and citizenship, in order to understand what kind of relationship there is between them, and to observe how the feminist agenda might gain from such a relationship. In the revision of feminist history, the link between civil society,citizenship and state appears as the logical development in the struggle for feminist demands. Late 19th century and early 20th century feminist groups are a good example of how women have been very successful in forming associational groups as part of civil society and have claimed the rights that states have finally incorporated through equality policies and laws. Current democratic states have achieved a high level of legal

  5. Law no. 10.308 of 20th November, 2001 on radioactive waste repositories siting, construction, licensing, operation, inspection, costs, indemnity, civil liability and guarantees concerning to the radioactive wastes repositories and other provisions; Lei no. 10.308, de 20 de novembro de 2001. Dispoe sobre a selecao de locais, a construcao, o licenciamento, a operacao, a fiscalizacao, os custos, a indenizacao, a responsabilidade civil e as garantias referentes aos depositos de rejeitos radioativos e da outras providencias

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2001-11-20

    This Act was published on November 20, 2001 and set forth regulations on the final disposal of radioactive wastes produced in Brazil, including siting, construction, licensing, operation, inspection, costs, indemnities, civil liability and guarantees concerning to the radioactive wastes repositories. This act allows for installation and operation of initial, intermediary and final repositories in accordance with the criteria established by the Brazilian Nuclear Energy National Commission - CNEN. The person or organization granted with CNEN authorization for operation of the initial repositories shall be liable for personal, patrimony and environmental radiological damages. The civil liability of CNEN is concerned to the radioactive waste intermediary and final disposals and transportation.

  6. The French regime of civil liability for nuclear

    International Nuclear Information System (INIS)

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

  7. Distributional disputes and civil conflict

    OpenAIRE

    2003-01-01

    Some polities are able to use constitutionally prescribed political processes to settle distributional disputes, whereas in other polities distributional disputes result in civil conflict. Theoretical analysis reveals that the following properties help to make it possible to design a self-enforcing constitution that can settle recurring distributional disputes between social classes without civil conflict: • Neither social class has a big advantage in civil conflict. • The expected incrementa...

  8. Economic development and civil development

    OpenAIRE

    P. SYLOS LABINI

    2013-01-01

    It is commonly held that economic development automatically brings civil development with it, as if between the two there were a cause-effect relationship. While economic development is obviously a necessary condition for civil development, it is not a sufficient one. On the other hand, without certain fundamental pre-requisites in the civil development field, such as a minimum level of education, economic development is impossible. Thus, the two phenomena are best conceived of in terms of in...

  9. 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......, economic and social impact. Civilization is a term widely used within modern political discourse its meaning, yet it is poorly understood and misused. part I explores the idea of a ‘standard of civilization', its implications for governance, and the use of such standards in political theory and economic...

  10. law 575 courses / law575helpdotcom

    OpenAIRE

    law 575

    2015-01-01

    FOR MORE CLASSES VISIT www.law575help.com LAW 575 Week 1 Discussion Questions LAW 575 Week 1 DQ 1 LAW 575 Week 1 DQ 2 LAW 575 Week 1 DQ 3 LAW 575 Week 2 LT Reflection Formative Assesement LAW 575 Week 2 DQ 1 LAW 575 Week 2 DQ 2 LAW 575 Week 2 DQ 3 LAW 575 Week 2 Business Organization and ADR LAW 575 Week 3 DQ 1 LAW 575 Week 3 DQ 2 LAW 575 Week 3 DQ 3 LAW 575 Week 3 Formative Assessment, Learning Team Reflection LAW 575 Week 4 Reflect...

  11. Laws Editorial

    Directory of Open Access Journals (Sweden)

    Lawrence O. Gostin

    2011-05-01

    Full Text Available My life’s work has positioned me in two diverse worlds’ one in science and one in law [1]. I publish in both fields, and the traditions are very different. Law journals typically have narrow readerships, principally those in the legal academy. The law review tradition, particularly in North America, is student edited, non-peer reviewed, and characteristically long and detailed. Law libraries often spend large portions of their budgets on journal subscriptions, which they store in scarce space. [...

  12. PROCESO CIVIL ORAL: ¿QUÉ MODELO DE JUEZ REQUIERE? Oral civil procedure: What kind of judge it requires?

    Directory of Open Access Journals (Sweden)

    Diego Palomo Vélez

    2005-07-01

    Full Text Available A partir del análisis de la perjudicial influencia que ha ejercido la estructura escrita y desconcentrada del proceso civil chileno sobre la actuación real del juez civil chileno y las consecuencias que ello apareja a la trascendental actividad de la prueba, se valoran los positivos cambios que en esta materia acarrearía la asunción de un modelo procesal civil oral, terminando con la dañina imagen de una Justicia civil lejana, a través de la mayor y efectiva participación del juez en el proceso, especialmente en la práctica de la prueba. Se advierte, con todo, sobre el fácil peligro de asumir mitos y utopías doctrinales que, ligados al fenómeno de publicización o socialización del proceso civil y asociados por un sector de la doctrina a la idea de la asunción de la oralidad en los juicios civiles, instan por un amplio protagonismo judicial en el campo material y no sólo procedimental, especialmente en materia de iniciativa probatoria, cuestión que no estimamos ni razonable ni coherente con los principios procesales que debe sustentar un proceso civil, manteniendo el juez su carácter de tercero ajeno al litigioThis article begins with a reference to the negative effects the written and decentralized structure of the Chilean civil procedure has had on the performance of Chilean judges, and the consequences this has brought in the practice of evidence. The author appraises the positive changes that an oral civil procedure may introduce in this area, by a greater and more effective participation of the judge during the course of the procedure, and especially in the probatory stage. However, the author warns about the risks involved in the acceptance of idealistic and unfeasible theories that call for a broad judicial activism regarding not only procedural law, but also substantive law, especially concerning probatory initiative. The author regards activism in this area as inconsistent with the principles applicable to civil

  13. Features Of Civil Process And Civil Regulation In The Sphere Of The State And Confessional Relations In Armenia, Belarus And Moldova

    OpenAIRE

    Nina V. Volodina

    2015-01-01

    Features of civil process and civil regulation in the former Soviet Union, in the CIS countries are considered (in Armenia, Belarus, Moldova). Features of the state and confessional relations in each certain state are marked out. It is noted that in the Republic of Armenia the church is separated from the state and freedom of activity to the religious organizations, but at the same time in the Fundamental law of the Armenian church as national, the leading mission for preservation of identity...

  14. 22 CFR 1508.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

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

  15. 22 CFR 208.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

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

  16. 22 CFR 1006.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

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

  17. 21 CFR 1404.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

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

  18. 2 CFR 180.915 - Civil judgment.

    Science.gov (United States)

    2010-01-01

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

  19. LABOUR LAW PATRIMONIAL LIABILITIES. GENERAL ASPECTS

    OpenAIRE

    Georgiana , COVRIG

    2014-01-01

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

  20. APPLICABLE LAW PRINCIPLES FOR MATRIMONIAL PROPERTY REGIMES

    OpenAIRE

    Andreea-Lorena CODREANU

    2014-01-01

    More and more often, marriages are concluded between people of different nationalities, which brings an extraneous dimension to the legal status and matrimonial property regime jurisdiction conflict. Many European states (among which Romania, through its new Civil Code) offer the advantage of clauses that could be used by any of the spouses, with regard to the applicable law. In case of divorce, consequences differ with the applicable law. Spouses who divorce and divide their assets based on ...

  1. Should Religious Groups Ever Be Exempt From Civil Rights Laws?

    OpenAIRE

    Minow, Martha Louise

    2007-01-01

    Should a private religious university lose its tax exempt status if it bans interracial dating? Should a religious school be able fire a pregnant married teacher because her continued work would violate the church's view that mothers of young children should not work outside the home? Should a religious social service agency, such as Catholic Charities, be exempt from a state regulation banning discrimination in the delivery of social services on the basis of sexual orientation? Should religi...

  2. Should Religious Groups Be Exempt from Civil Rights Laws?

    OpenAIRE

    Minow, Martha Louise

    2007-01-01

    Should a private, religious university lose its tax-exempt status because it bans interracial dating? Should a religious school fire a pregnant married teacher on religious grounds despite the ban against gender discrimination in employment? Should a religious social service agency be exempt from a state regulation banning discrimination in the delivery of social services on the basis of sexual orientation? This Article argues that courts and legislatures have granted and refused exemptions f...

  3. Sales Contract: Traditional Doctrine and Issues of Ukrainian Civil Law

    OpenAIRE

    Вавженчук, Сергій Ярославович; Київський національний економічний університет імені Вадима Гетьмана

    2010-01-01

    The article analyzes a series of aspects of legal regulation and identifies individual issues regarding thesales contract. Therewith, it identifies peculiarities and elements of the sales contract, pays attention to itsdifficult legal nature.

  4. The rivers of civilization

    Science.gov (United States)

    Macklin, Mark G.; Lewin, John

    2015-04-01

    The hydromorphic regimes that underpinned Old World river-based civilizations are reviewed in light of recent research. Notable Holocene climatic changes varied from region to region, whilst the dynamics of floodplain environments were equally diverse, with river channel changes significantly affecting human settlement. There were longer-term trends in Holocene hydroclimate and multi-centennial length 'flood-rich' and 'flood-poor' episodes. These impacted on five identified flooding and settlement scenarios: (i) alluvial fans and aprons; (ii) laterally mobile rivers; (iii) rivers with well-developed levees and flood basins; (iv) river systems characterised by avulsions and floodouts; and (v) large river-fed wetlands. This gave a range of changes that were either more or less regular or incremental from year-to-year (and thus potentially manageable) or catastrophic. The latter might be sudden during a flood event or a few seasons (acute), or over longer periods extending over many decades or even centuries (chronic). The geomorphic and environmental impacts of these events on riparian societies were very often irreversible. Contrasts are made between allogenic and autogenic mechanism for imposing environmental stress on riverine communities and a distinction is made between channel avulsion and contraction responses. Floods, droughts and river channel changes can precondition as well as trigger environmental crises and societal collapse. The Nile system currently offers the best set of independently dated Holocene fluvial and archaeological records, and the contrasted effects of changing hydromorphological regimes on floodwater farming are examined. The persistence of civilizations depended essentially on the societies that maintained them, but they were also understandably resilient in some environments (Pharaonic Egypt in the Egyptian Nile), appear to have had more limited windows of opportunity in others (the Kerma Kingdom in the Nubian Nile), or required

  5. Civil Liberties and Computer Monitoring

    OpenAIRE

    Kevin Curran; Steven McIntyre; Hugo Meenan; Francis McCloy; Ciaran Heaney

    2004-01-01

    Civil Liberties - the term used for the fundamental liberties and rights of a countries citizen is the right of free speech, thought and action. This is the fundamental building block of a democratic society. This research essay outlines the current measures western governments are taking to ensure our safety and the associated costs to civil and human rights.

  6. 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…

  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 experiences in Portugal

    OpenAIRE

    Aguiar, J. L. Barroso de

    2009-01-01

    The good cooperation established between Universities, Laboratory National of Civil Engineering and private companies made possible the execution of a considerable number of civil engineering works by Portugueses, inside and outside the country. Some good examples are presented in this paper.

  9. 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

  10. Civil works for NPPs construction

    International Nuclear Information System (INIS)

    Christophe Portenseigne, Technical Director of Bouygues Travaux Publics, provided explanations on the main challenges of Civil work for the construction of the 3. generation of NPPs. He then provided an overview of the new Civil Work concepts for the 4. generation of NPPs

  11. 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.

  12. Law 302.

    Science.gov (United States)

    Manitoba Dept. of Education, Winnipeg.

    This publication outlines a law course intended as part of a business education program in the secondary schools of Manitoba, Canada. The one credit course of study should be taught over a period of 110-120 hours of instruction. It provides students with an introduction to the principles, practices, and consequences of law with regard to torts,…

  13. 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.

  14. 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.

  15. 76 FR 71431 - Civil Penalty Calculation Methodology

    Science.gov (United States)

    2011-11-17

    ... TRANSPORTATION Federal Motor Carrier Safety Administration Civil Penalty Calculation Methodology AGENCY: Federal... its civil penalty methodology. Part of this evaluation includes a forthcoming explanation of the Uniform Fine Assessment (UFA) algorithm, which FMCSA currently uses for calculation of civil...

  16. 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...

  17. Civil liberties and nuclear terrorism

    International Nuclear Information System (INIS)

    The importance of preventing nuclear terrorism is so great that it is easy to believe that the usual concern with civil liberties must take a back seat. But it is precisely when emergencies are invoked that the authors must not forget the importance of freedoms. Emergency powers are easily abused, and, even in the absence of abuse, mistakes can be made. It is hard to understand why they care about civil liberties if every suspect is guilty, every wiretap is necessary, and every search is justified. But sometimes suspects are innocent, wiretaps are used for political ends, and searches disrupt lives to no end. Civil liberties do not exist in a vacuum. If society is destroyed, civil liberties are likely to be destroyed as well. Virtually every legal doctrine this study addresses involves a recognition that individual rights must be balanced against valid social needs. The civil liberties focus on here fall under the general headings of freedom of speech and association, privacy, due process rights for suspects, and freedom from unreasonable searches and seizures. One essential point applied to all these areas: although a counterterrorist activity is legal, that does not mean the activity has no impact on civil liberties. It may be legal, for example, to have a massive federal police force that provides hundreds of guards for every shipment of plutonium. Even so, that procedure still raises civil liberties concerns, since many Americans would feel less free in a society of that type

  18. Consumer Bankruptcy: A Third Way Between Autonomy and Paternalism in Private Law

    OpenAIRE

    Huls, Nick

    2010-01-01

    textabstractThe introduction of American ideas of consumer bankruptcy in European continental civil law systems appears to present an opportunity to resolve some of the paradoxes of paternalism analysed by Ogus. Bankruptcy law for individuals in Europe has evolved from a neglected field of procedural civil law, in which creditor autonomy was the prevailing norm, into a blossoming field of social policy and consumer protection. This article sketches the history of ‘bankruptcy waves’ and reflec...

  19. 25 CFR 273.42 - Civil Rights Act violations.

    Science.gov (United States)

    2010-04-01

    ...'Malley Act or by any other means authorized by law. As delineated in 43 CFR 17.1, 17.8, and 17.9, such... departments, provide for the conduct of consolidated or joint hearings as prescribed in 43 CFR 17.8(e). ... 25 Indians 1 2010-04-01 2010-04-01 false Civil Rights Act violations. 273.42 Section...

  20. Nuclear Law

    International Nuclear Information System (INIS)

    This book on nuclear law is the first of a series of analytical studies to be published by the French Energy Commission (CEA) concerning all the various nuclear activities. It describes national and international legislation applicable in France covering the following main sectors: the licensing procedure for nuclear installations, the law of the sea and nuclear law, the legal system governing radioisotopes, the transport of radioactive materials, third party liability and insurance and radiation protection. In each chapter, the overall analysis is supplemented by the relevant regulatory texts and by organisation charts in annex. (NEA)

  1. Technical Civilizations in the Galaxy

    Science.gov (United States)

    Jones, Harry

    2005-01-01

    Are there other technical civilizations in the galaxy? Past analyses come to different conclusions. Cocconi and Morrison demonstrated in 1959 that interstellar radio communication was possible and Drake conducted the first search for beacons in 1960. The Drake equation estimates the number of galactic civilizations that are transmitting beacons as the product of the rate of star formation in the galaxy, the fraction of stars with planets, their average number of earthlike planets, the fraction with intelligent life and interstellar communication, and the average lifetime of a technical civilization. The Drake model of the galaxy contains many technical civilizations with communication but no interstellar travel. Michael Hart in 1975 strongly challenged this model. Starting with the fact that no extraterrestrials have been observed on Earth, and assuming that interstellar colonization is possible, he concluded that it was very likely that we are the first civilization in our galaxy and that searching or beacons is probably a waste of time and money. The Fermi paradox similarly reasons that if extraterrestrials exist: they should be here, and asks, Where are they? The Hart/Fermi model of the galaxy contains only our civilization and suggests we may colonize the galaxy. A third galactic model is that we are alone but will never develop interstellar travel. The fourth alternate model has many technical civilizations, with interstellar travel and colonization. The possibilities are clear and momentous. Either we are the only technical civilization in the galaxy or there are others. Technical civilizations will colonize the galaxy or not. We have four cosmic conjectures - one or many, colonization or not - but however unlikely they seem based on our limited evidence, one of these four models must be collect.

  2. B 150 civil engineering futures

    DEFF Research Database (Denmark)

    Foreword B150 –Civil Engineering Futures consists of interviews made, articles written, and projects presented in connection with the 150th anniversary celebrations of the study of civil engineering in Denmark. Instead of a historical retrospect, it was decided to look into the future. What...... 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...

  3. 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.

  4. Islamic Law

    OpenAIRE

    Doranda Maracineanu

    2009-01-01

    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-...

  5. Secrets Law

    OpenAIRE

    Luz Helena Guamanzara Torres

    2013-01-01

    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.

  6. LAW 531 Uop Material - law531dotcom

    OpenAIRE

    honey

    2015-01-01

    LAW 531 Entire Course For more course tutorials visit www.law531.com   LAW 531 Week 1 Quiz (Knowledge Check) LAW 531 Week 1 DQ 1 LAW 531 Week 1 DQ 2 LAW 531 Week 1 Individual Assignment The Legal System and ADR Analysis LAW 531 Week 2 Quiz (Knowledge Check) LAW 531 Week 2 DQ 1 LAW 531 Week 2 DQ 2 LAW 531 Week 2 Individual Business Forms Worksheet LAW 531 Week 2 Learning Team Reflection IRAC Brief LAW 531 Week 3 Quiz (Knowledge Check) ...

  7. Civil Engineering Technology Program Standards.

    Science.gov (United States)

    Georgia Univ., Athens. Dept. of Vocational Education.

    This publication contains statewide standards for the civil engineering program in Georgia. The standards are divided into 12 categories: foundations (philosophy, purpose, goals, program objectives, availability, evaluation); admissions (admission requirements, provisional admission requirements, recruitment, evaluation and planning); program…

  8. 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)

  9. Ethical Aspects in the Activity of Civil Servants. Case Study Romania

    OpenAIRE

    Ani MATEI; Popa, Florin

    2010-01-01

    Preventing corruption and improving the public service management are the main goals of the promotion of ethical standards for the civil servants. Several governments have revised their policies regarding the ethical conduct in the public service, implying both the corruption issue and the decline of trust in the public administration. In Dwight Waldo’s theory, the civil servants must take into account twelve obligations before: Constitution, law, the nation and the country, democracy...

  10. Civil engineering projects realization management

    OpenAIRE

    Mirković Slobodan

    2006-01-01

    The paper treats the management of the realization of civil engineering projects or civil engineering buildings construction management, as a complex dynamic process, which entails a large number of strategic and operative decisions which are important for an efficient, cost effective, and economic construction. The management process execution is not possible without the functions such as planning, organizing, coordination and control. Planning as the initial function, important for the fore...

  11. Civil liability on nuclear activities

    International Nuclear Information System (INIS)

    The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs

  12. The Making of European Private Law: Regulation and Governance design

    OpenAIRE

    Cafaggi, Fabrizio; Muir Watt, Horatia

    2007-01-01

    The current debate on the desirability and modes of formation of European Private Law (“EPL”) is engaging a wide number of scholars and institutions. Current work concerns the search for a common core of EPL, the rationalisation of the acquis communautaire, the design of a European Civil Code. These ongoing projects raise at least two related questions concerning the challenges to Europeanisation of private law: First, what is the often implicit definition of private law standing behind the d...

  13. Mapping Criminal Law: Blackstone and the Categories of English Jurisprudence

    OpenAIRE

    Lieberman, David

    2002-01-01

    "Mapping Criminal Law" examines attempts by 18th-century common lawyers to identify and delineate criminal law as a discrete and specific component of the legal order, distinguishing the legal categories of 'criminal' from 'civil' and, in this setting, the related distinction between 'public' and 'private'. The discussion focuses on Blackstone's treatment of these matters in the Commentaries: examining the native and foreign legal materials he utilized to assemble a category of law covering w...

  14. CORPORATE LAW IN RUSSIA: THE INFLUENCE OF "OUTSIDE"

    OpenAIRE

    Kirsanov A. N.

    2015-01-01

    The article is focused on questions of the legal status of new organizational forms - investment partnership and economic partnership. In this regard, the author examines the issues related to the influence of the doctrine of economic analysis of law on the Russian corporate law. The author notes that the creation of new types of entities should be based on the Civil Code of the Russian Federation. Creation of certain types of legal entities by the adoption of special laws is invalid. In the ...

  15. LAW 531 UOP Course Tutorial/TutorialRank

    OpenAIRE

    apj

    2015-01-01

       For more course tutorials visit www.tutorialrank.com Tutorial Purchased: 5 Times, Rating: A   1) Which of the following is a distinguishing feature of a common law legal system? A. Requiring guilt be proven beyond a reasonable doubt B. The sole source of law is a comprehensive civil code C. An appeal process D. The making of law by the judges and the following of precedent 2) Which best describes the types of agency authority held by office...

  16. The phenomenon of translatability in the Europeanization of the Law

    OpenAIRE

    Enkeleda Olldashi

    2013-01-01

    The integration of legal systems in European is one of the most important issues. This process has started by the fact that there are significant differences between the civil law and common law system and between the legal families in it. A law (at domestic or international level) should not be viewed against the backdrop of the historical, political, cultural, social and economic context in which they function. In order to shed further light for our readers, we analyze by emphasizing the si...

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

    OpenAIRE

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

    2011-01-01

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

  18. 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...

  19. 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…

  20. 7 CFR 3017.920 - Civil judgment.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil judgment. 3017.920 Section 3017.920 Agriculture... AGRICULTURE GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 3017.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction,...

  1. 5 CFR 919.920 - Civil judgment.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Civil judgment. 919.920 Section 919.920 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 919.920 Civil judgment. Civil...

  2. 31 CFR 19.920 - Civil judgment.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Civil judgment. 19.920 Section 19.920... SUSPENSION (NONPROCUREMENT) Definitions § 19.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction, whether by verdict, decision,...

  3. 30 CFR 903.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 903.845 Section 903.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE ARIZONA § 903.845 Civil penalties. Part 845 of this chapter, Civil Penalties, applies to the assessment of civil penalties for...

  4. 29 CFR 1471.920 - Civil judgment.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Civil judgment. 1471.920 Section 1471.920 Labor Regulations... SUSPENSION (NONPROCUREMENT) Definitions § 1471.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction, whether by verdict, decision,...

  5. 29 CFR 98.920 - Civil judgment.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Civil judgment. 98.920 Section 98.920 Labor Office of the Secretary of Labor GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 98.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent...

  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. Developments in environmental and engineering law in 1990

    International Nuclear Information System (INIS)

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

  8. 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.

  9. The Covenant on civil and political rights

    Directory of Open Access Journals (Sweden)

    Aulona HAXHIRAJ

    2013-12-01

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

  10. 29 CFR 2570.118 - Decision of the administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... file with the administrative law judge, subject to the judge's discretion, proposed findings of fact... 29 Labor 9 2010-07-01 2010-07-01 false Decision of the administrative law judge. 2570.118 Section... Civil Penalties Under ERISA Section 502(c)(6) § 2570.118 Decision of the administrative law judge....

  11. 29 CFR 2570.9 - Decision of the administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... file with the administrative law judge, subject to the judge's discretion, proposed findings of fact... 29 Labor 9 2010-07-01 2010-07-01 false Decision of the administrative law judge. 2570.9 Section... Civil Sanctions Under ERISA Section 502(i) § 2570.9 Decision of the administrative law judge....

  12. 29 CFR 2570.138 - Decision of the administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... file with the administrative law judge, subject to the judge's discretion, proposed findings of fact... 29 Labor 9 2010-07-01 2010-07-01 false Decision of the administrative law judge. 2570.138 Section... Civil Penalties Under ERISA Section 502(c)(7) § 2570.138 Decision of the administrative law judge....

  13. 29 CFR 2570.168 - Decision of the administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... file with the administrative law judge, subject to the judge's discretion, proposed findings of fact... 29 Labor 9 2010-07-01 2010-07-01 false Decision of the administrative law judge. 2570.168 Section... Civil Penalties Under ERISA Section 502(c)(8) § 2570.168 Decision of the administrative law judge....

  14. 29 CFR 2570.68 - Decision of the administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... file with the administrative law judge, subject to the judge's discretion, proposed findings of fact... 29 Labor 9 2010-07-01 2010-07-01 false Decision of the administrative law judge. 2570.68 Section... Civil Penalties Under ERISA Section 502(c)(2) § 2570.68 Decision of the administrative law judge....

  15. Recent publications on environmental law

    International Nuclear Information System (INIS)

    The bibliography contains references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.)

  16. Recent publications on environmental law

    International Nuclear Information System (INIS)

    The bibliography contains 1235 references to publications covering the following subject fields: general environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (HP)

  17. Case law

    International Nuclear Information System (INIS)

    This section treats of the two following case laws: Slovak Republic: Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; United States: Judgment of the Nuclear Regulatory Commission denying requests from petitioners to suspend final reactor licensing decisions pending the issuance of a final determination of reasonable assurance of permanent disposal of spent fuel

  18. 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.

  19. Challenges in PFBR civil construction

    International Nuclear Information System (INIS)

    Civil works of PFBR has posed numerous design and construction challenges. Eight safety related nuclear buildings of PFBR are founded on a single raft, first of its kind in Indian nuclear Reactors. Construction of eight interconnected buildings on the common raft has been challenge for construction material transportation. Thus Herculean task, require storage of massive quantities of raw materials and ice. The civil construction scope in PFBR expanded to critical steel fabricated structures integrated with civil works. This includes huge embedment erected to very close tolerances. Large size panels for upper lateral, lower lateral and bottom shields were to be fabricated to intricate contours with tight tolerances and were required to be transported to locations from far off distances; this was well accomplished without loss of tolerances of fabricated structures. Novel construction practices and stringent quality control procedures were implemented to accomplish this critical requirement. Integration of cooling coils inside the safety vessel flanges after completing the reactor vault and safety vessel erection, required special contour bending for numerous reinforcement and development of special construction methodology. The neutron detector box integration with bottom shield was also a construction challenge posed and well addressed by site. Many mock ups were to be carried out for demonstrating the construction procedures and methodology for critical construction activities. Maintaining the stringent requirements such as clean room conditions was a major challenge and was met effectively. Equipment erection in parallel to civil works too required innovative solutions for clean condition maintenance while civil works are in progress. it can be said that the civil construction of PFBR has emerged as a marvel of technology handled professionally by competent engineers deploying scientific construction techniques and stringent quality control procedures. (author)

  20. CORPORATE LAW IN RUSSIA: THE INFLUENCE OF "OUTSIDE"

    Directory of Open Access Journals (Sweden)

    Kirsanov A. N.

    2015-01-01

    Full Text Available The article is focused on questions of the legal status of new organizational forms - investment partnership and economic partnership. In this regard, the author examines the issues related to the influence of the doctrine of economic analysis of law on the Russian corporate law. The author notes that the creation of new types of entities should be based on the Civil Code of the Russian Federation. Creation of certain types of legal entities by the adoption of special laws is invalid. In the United States, the prevailing doctrine is the economic analysis of law. Therefore, the creation of new types of legal entities is quite simplified and is subject to the said doctrine. In Russia, the main business and civil relations is the Civil Code of the Russian Federation. Therefore, the creation of new types of legal entities must comply with its provisions. The author notes that creation of an investment partnership, as well as economic partnership, are new to the Russian law enforcement. Analysis of their legal status allows us to say that their design is unknown to the provisions of the Russian corporate law. The author notes that the legal status of these types of legal entities can not be called successful. Therefore, the author suggests subordinating any relationship involving commercial entities to the Civil Code

  1. Sociedad civil y capital social

    OpenAIRE

    José Fernández Santillán

    2009-01-01

    Este documento aborda el tema de la democracia desde una perspectiva opuesta al llamado neoinstitucionalismo; es decir, se orienta a analizar los procesos de democratización desde la base de la sociedad civil y, en es pe cial, desde lo que se conoce como el cap i tal so cial. Desde mediados de la década de 1980, el tema de la democracia desde la perspectiva de la sociedad civil fue cobrando cada vez mayor relevancia. Esta tendencia se vio reforzada por la caída del Muro de Berlín el 9 de nov...

  2. Civil liability concerning nuclear accidents

    International Nuclear Information System (INIS)

    France and the USA wish to cooperate in order to promote an international regime of civil liability in order to give a fair compensation to victims of nuclear accidents as it is recommended by IAEA. On the other hand the European Commission has launched a consultation to see the necessity or not to harmonize all the civil liability regimes valid throughout Europe. According to the Commission the potential victims of nuclear accidents would not receive equal treatment at the European scale in terms of insurance cover and compensation which might distort competition in the nuclear sector. (A.C.)

  3. 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

  4. 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.

  5. Criminal law

    International Nuclear Information System (INIS)

    Facts concerning the application of atomic energy are presented and those aspects which should be under tutelage, the nature and guilt of the nuclear offenses and the agent's peril are presented. The need of a specific chapter in criminal law with adequate legislation concerning the principles of atomic energy is inferred. The basis for the future elaboration this legislation are fixed. (A.L.S.L.)

  6. 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

  7. 民法商法化刍议%On the Commercial Law Trend of Civil law

    Institute of Scientific and Technical Information of China (English)

    吴峰; 耿立昂

    2006-01-01

    本文阐述了民法商法化的起源和定义,简要分析了民法商法化的具体表现,意义.并以民法商法化为切入口,分析了民法与商法的界限,对民法和商法的立法模式作了简要的探讨.

  8. Unification of Civil Law and Commercial Law%评民商合一

    Institute of Scientific and Technical Information of China (English)

    殷志刚

    2002-01-01

    民法和商法作为市场经济条件下的两个基本法律部门,在立法上一直存在民商分立和民商合一的争论.我国历史上缺少商品经济的深厚传统,建国后又长期实行计划经济体制,因此造成民商合一论在学术界占据了主导地位.文章讨论了民商合一论形成的历史根源,从商的本质是资本的营利活动出发,论证了民商合一立论的不科学性;并从商事活动的营利特性要求商法有与民法不同的价值追求和调整原理出发,得出结论,商法作为民法的特别法有其独立存在的根据,在立法上针对民法和商法之间的关系,应采民商分立的立法模式.

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

    OpenAIRE

    Anderson Cortez Mendes

    2015-01-01

    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...

  10. Treatment During Civil Commitment for Sexual Offending Behaviors.

    Science.gov (United States)

    Jackson, Rebecca

    2016-07-01

    The first sex offender civil commitment legislation passed in Washington State in 1990. Since that time, 21 additional jurisdictions in the USA have passed similar statutes. Although considered controversial by some, the statutes have withstood legal scrutiny at the state and federal levels. These statutes have been found constitutional in large part because they offer treatment to those individuals detained under them. In the 25 years since sex offender civil commitment became a reality, significant advances in sex offender assessment and treatment have shaped the landscape of the associated treatment programs. This article reviews current practice in programs that treat individuals detained under these laws and provides a framework in which these programs are delivered. PMID:27222143

  11. Medical Liability in the Context of the Civil Liability

    Directory of Open Access Journals (Sweden)

    Lacrima Rodica BOILA

    2013-03-01

    Full Text Available The theme of the civil liability crisis in the conditions imposed by the modern society is one of the major issues which concern equally, the ethical-legal research of the medical care, but also the medical world. The traditional institution of civil liability, the way it has been governed by the Roman law, and then modernized by the Napoleonic Code, cannot be applied to new legal situations such as organ donation and transplantation, assisted medical reproduction, the legal protection of the human embryo and so on. Our survey aims to present some of the details of a new approach to professionals’ liability within the medical field, adapted to the problems medicine and biomedical research are currently facing.

  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. Civil Engineering Technology Program Guide.

    Science.gov (United States)

    Georgia Univ., Athens. Dept. of Vocational Education.

    This program guide presents civil engineering technology curriculum for technical institutes in Georgia. The general information section contains the following: purpose and objectives; program description, including admissions, typical job titles, and accreditation and certification; and curriculum model, including standard curriculum sequence and…

  14. 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…

  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. Nuclear civil liabilities. International conventions

    International Nuclear Information System (INIS)

    A convention on the complementary repair of nuclear damages comes and superposes on the Convention of Paris and the Convention of Vienna or national autonomous conventions of nuclear civil liability. In case of accident, a fund would be created to compete the first level of indemnification beyond the contribution of the government. (N.C.)

  17. Promoting Civil Discourse on Campus

    Science.gov (United States)

    Bornstein, Rita

    2010-01-01

    During the past several decades, off campus and on, much of the discourse on controversial issues has been personal, vicious, and divisive. On the national scene, politics has become permeated with incivility. It now appears that Americans have been naive about their ability and willingness to engage in civil discourse and compromise. How can…

  18. TO THE QUESTION OF THE PROMOTION AND AWARDING OF PUBLIC CIVIL SERVANTS

    Directory of Open Access Journals (Sweden)

    Ochakovsky V. A.

    2016-02-01

    Full Text Available In this research, we discuss promoting and rewarding of civil servants. These methods represent system stimulants that affect the needs and interests of the public civil servant in order to induce him to conscientiously carrying out their duties. It is concluded that awarding and promotion are important parts of the incentive scheme for civil servants, because they show how faithfully and efficiently citizens do their job, and these methods pave the way for this fellow citizen doing their job perfectly. We must mention the material benefits obtained by a civil servant usually in the form of encouragement. It should be noted that in recent years actively updated current legislation has been promoting and rewarding measures that are established by different public authorities, which gives law enforcers more options in choosing the measures of rewarding and encouraging, relevant to labor achievements of citizens. The main legal source is the Law of 27 July 2004 N-79 "On State Civil Service of the Russian Federation,"[1] which established an indicative list of awards and rewards of public civil servant

  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. Extraterrestrial civilizations: Problems of their evolution

    Science.gov (United States)

    Leskov, L. V.

    1987-01-01

    The problem of finding extraterrestrial civilizations and establishing contact with them is directly related to the problem of their evolution. Possible patterns in this evolution and the stages in the evolution of extraterrestrial civilizations are examined.

  1. Evaluation of New Zealand's bicycle helmet law.

    Science.gov (United States)

    Clarke, Colin F

    2012-02-10

    The New Zealand helmet law (all ages) came into effect on 1 January 1994. It followed Australian helmet laws, introduced in 1990-1992. Pre-law (in 1990) cyclist deaths were nearly a quarter of pedestrians in number, but in 2006-09, the equivalent figure was near to 50% when adjusted for changes to hours cycled and walked. From 1988-91 to 2003-07, cyclists' overall injury rate per hour increased by 20%. Dr Hillman, from the UK's Policy Studies Institute, calculated that life years gained by cycling outweighed life years lost in accidents by 20 times. For the period 1989-1990 to 2006-2009, New Zealand survey data showed that average hours cycled per person reduced by 51%. This evaluation finds the helmet law has failed in aspects of promoting cycling, safety, health, accident compensation, environmental issues and civil liberties. PMID:22327159

  2. The European civil code: the way forward

    OpenAIRE

    Collins, Hugh

    2008-01-01

    Hugh Collins argues that the European Union should develop a civil code to provide uniform rules for contracts, property rights and protection against civil wrongs, thus drawing together the differing national traditions with respect to the detailed regulation of civil society. The benefits of such a code would lie not so much in facilitating cross border trade, but in establishing foundations for a denser network of transnational relations of civil society, which in turn would help to overco...

  3. Global Civil Society 2005/6

    OpenAIRE

    Anheier, Helmut K.; Kaldor, Mary; Glasius, Marlies

    2005-01-01

    The annual Global Civil Society Yearbooks provide an indispensable guide to global civil society or civic participation and action around the world. Each yearbook includes commissioned contributions from leading commentators across the social sciences on the latest issues and developments. Each yearbook also explores and presents the latest approaches to measuring and analyzing global civil society and provides a chronology of key global civil society events in the year. The 2005/6 Yearbo...

  4. Law, Liberty, And The Pursuit Of Terrorism

    OpenAIRE

    Douglas, Roger

    2014-01-01

    It is commonly believed that a state facing a terrorist threat responds with severe legislation that compromises civil liberties in favour of national security. Roger Douglas compares responses to terrorism by five liberal democracies— the United States, the United Kingdom, Canada, Australia, and New Zealand— over the past 15 years. He examines each nation’s development and implementation of counterterrorism law, specifically in the areas of information gathering, the definition of terrorist ...

  5. Case law

    International Nuclear Information System (INIS)

    This section gathers the following case laws: 1 - Canada: Judicial review of Darlington new nuclear power plant project; Appeal decision upholding criminal convictions related to attempt to export nuclear-related dual-use items to Iran: Her Majesty the Queen V. Yadegari; 2 - European Commission: Greenland cases; 3 - France: Chernobyl accident - decision of dismissal of the Court of Appeal of Paris; 4 - Slovak Republic: Aarhus Convention compliance update; 5 - United States: Judgement of a US court of appeals upholding the NRC's dismissal of challenges to the renewal of the operating licence for Oyster Creek Nuclear Generating Station; reexamination of the project of high-level waste disposal site at Yucca Mountain

  6. Cooperation in the new Code of Civil Procedure: concrete challenges for its implementation

    OpenAIRE

    Humberto Dalla Bernardina de Pinho; Tatiana Machado Alves

    2015-01-01

    The text deals with cooperation as a standard of conduct of the parties compatible with the idea of participatory and democratic process. It analyzes issues already faced by North american jurisprudence. Besides, the text points out some parameters to be used by Brazilian law from practical and theoretical issues that should arise with the approval of the new Civil Procedure Code.

  7. Cooperation in the new Code of Civil Procedure: concrete challenges for its implementation

    Directory of Open Access Journals (Sweden)

    Humberto Dalla Bernardina de Pinho

    2015-06-01

    Full Text Available The text deals with cooperation as a standard of conduct of the parties compatible with the idea of participatory and democratic process. It analyzes issues already faced by North american jurisprudence. Besides, the text points out some parameters to be used by Brazilian law from practical and theoretical issues that should arise with the approval of the new Civil Procedure Code.

  8. 18 CFR 385.1602 - Civil penalties, as adjusted (Rule 1602).

    Science.gov (United States)

    2010-04-01

    ... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Civil penalties, as adjusted (Rule 1602). 385.1602 Section 385.1602 Conservation of Power and Water Resources FEDERAL ENERGY... penalties provided by law within the jurisdiction of the Commission are: (a) 15 U.S.C....

  9. 77 FR 23229 - Submission for OMB Review; Assurance of Compliance-Civil Rights Certificate

    Science.gov (United States)

    2012-04-18

    ... Rights (OCR) has enforcement responsibilities under several civil rights laws, including Title VI, Title... these responsibilities, OCR collects assurances of compliance from applicants for Federal financial..., as stated in the Summary above, OCR and the U.S. Department of Justice can use the signed...

  10. Aspects concerning the immovable accession from the perspective of the new Civil Code

    Directory of Open Access Journals (Sweden)

    Ana-Maria LUPULESCU

    2012-12-01

    Full Text Available The new Civil Code introduces several important changes and clarifications regarding the ownership right in general, including in the matter of the ways of acquiring private ownership. Among the ways of acquiring the private ownership right, the accession gets in the new Civil Code a legal regulation which is much more precise and better systematized, especially in relation to the artificial immovable accession, the legislator thus responding to practical needs, as they have been raised in the jurisprudence, but also to controversial issues outlined in the juridical doctrine. This paper aims to conduct a comparative analysis, which is necessary to both the analyst in law and the practitioner, between the old regulation contained in the Civil Code of 1864 and the current regulation provided by the new Civil Code in the field of immovable accession, with special attention to artificial immovable accession, due to its practical incidence.

  11. 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 an...

  12. 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…

  13. 34 CFR 303.424 - Civil action.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 2 2010-07-01 2010-07-01 false Civil action. 303.424 Section 303.424 Education... Civil action. Any party aggrieved by the findings and decision regarding an administrative complaint has the right to bring a civil action in State or Federal court under section 639(a)(1) of the...

  14. 49 CFR 218.9 - Civil penalty.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 218.9 Section 218.9 Transportation... TRANSPORTATION RAILROAD OPERATING PRACTICES General § 218.9 Civil penalty. Any person (an entity of any type... requirement of this part or causes the violation of any such requirement is subject to a civil penalty of...

  15. 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...

  16. 34 CFR 300.516 - Civil action.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 2 2010-07-01 2010-07-01 false Civil action. 300.516 Section 300.516 Education... DISABILITIES Procedural Safeguards Due Process Procedures for Parents and Children § 300.516 Civil action. (a... aggrieved by the findings and decision under § 300.514(b), has the right to bring a civil action...

  17. 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...

  18. 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... REPORTING OF CURRENCY AND FOREIGN TRANSACTIONS General Provisions § 103.57 Civil penalty. (a) For any... willfully participates in the violation, a civil penalty not to exceed $1,000. (b) For any willful...

  19. 78 FR 672 - Civil Monetary Penalties

    Science.gov (United States)

    2013-01-04

    ...; ] DEPARTMENT OF AGRICULTURE Rural Housing Service 7 CFR Part 3560 RIN 0575AC93 Civil Monetary Penalties AGENCY...) proposes to implement two civil monetary penalty provisions. First, RHS proposes to amend its regulations to create a new section, for imposing civil monetary penalties under the authority of 42 U.S.C....

  20. 49 CFR 228.21 - Civil penalty.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 228.21 Section 228.21..., DEPARTMENT OF TRANSPORTATION HOURS OF SERVICE OF RAILROAD EMPLOYEES Records and Reporting § 228.21 Civil... requirement is subject to a civil penalty of at least $650 and not more than $25,000 per violation,...