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. PRIORITY RIGHTS IN THE RUSSIAN CIVIL LAW

    OpenAIRE

    Shaidurov I. V.

    2014-01-01

    In this article we consider the category of priority rights in the Russian civil law. The author gives a brief historical analysis of this important institution of civil law, consistently considering priority rights in different legal situations and formulates the concept of priority rights

  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. 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,...

  7. 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

  8. 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)

  9. 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 ...

  10. 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...

  11. 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.…

  12. 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)

  13. Delays in Medical Malpractice Litigation in Civil Law Jurisdictions

    DEFF Research Database (Denmark)

    Grembi, Veronica; Garoupaa, Nuno

    2013-01-01

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

  14. 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...

  15. 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.

  16. 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.

  17. 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

  18. 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.

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

  20. 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...

  1. 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.

  2. 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

  3. 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

  4. 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...

  5. 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.

  6. 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。

  7. 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 ...

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

    Institute of Scientific and Technical Information of China (English)

    丁国民

    2013-01-01

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

  9. 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.

  10. 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.

  11. 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.

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

    Directory of Open Access Journals (Sweden)

    Harvey Gresham Hudspeth

    2006-01-01

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

  13. 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…

  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. 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

  16. 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 .

  17. 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…

  18. 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。

  19. 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。

  20. 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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...

  5. 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...

  6. 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

  7. 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.

  8. 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...

  9. 论人性视角下的民法本质%Nature of Civil Law from Human Nature Perspective

    Institute of Scientific and Technical Information of China (English)

    满先进; 吴俊明

    2015-01-01

    对民法本质的论述,学界众说纷纭。在对各类学说进行评析扬弃的基础上,通过对民法产生的根源、发展历程及其定义的追根溯源,提出民法是私人法的本质。如果民法本质仅停留在私法的本质上,依然不够精确。因为民法的最终目的是人,是彰显平等自由及独立意志的人法,是对人性的尊重和终极关怀。因此把民法的本质界定为私人法,更能突出人的主体地位。民法本质产生的人文经济基础是市民社会,市民社会是私法产生的根基,而权利本位则是民法本质的法律体现及实现方式,使民法私人的性质最终落到实处。%Scholars have various opinions about the nature of the civil law in the academic circle. We search for its root by analyzing all kinds of theories and studying the civil law origin, development and its definition,finally found that the nature of civil law is human nature law. It is still not precise enough if the nature of the civil law only stays on the nature of private law. In other words, the essence of civil law is human rather than private. Civil law manifests equality, freedom and independence of will. And it cares for human nature. So we think that the nature of civil law is human nature law, and this more can highlight the subject status of people. Civil society is humanistic economic basis of the nature of the civil law and private law,and the standard of right is legal form of the nature of civil law and its implementation approach, it makes that the private nature of the civil law was finally established.

  10. 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.

  11. 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.

  12. [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.

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

    Institute of Scientific and Technical Information of China (English)

    耿颖

    2012-01-01

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

  14. 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.

  15. 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。

  16. 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)

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

    NARCIS (Netherlands)

    Grosheide, F.W.

    1998-01-01

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

  18. 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.

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

    Institute of Scientific and Technical Information of China (English)

    崔建远

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    D. Karkhalev

    2016-01-01

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

  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. 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

  3. 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.

  4. 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.

  5. 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)

  6. 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

  7. 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.

  8. 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。

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

    NARCIS (Netherlands)

    Bohlander, Michael

    2011-01-01

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

  10. 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.

  11. 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

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

    Science.gov (United States)

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

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

  13. 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.

  14. 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.

  15. 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.)

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

    NARCIS (Netherlands)

    R. Pierik

    2010-01-01

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

  17. 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

  18. 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…

  19. 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…

  20. 清末编修民律之争议%The Dispute of Drawing up the Civil Law in the Late Qing Dynasty

    Institute of Scientific and Technical Information of China (English)

    冉琰杰

    2015-01-01

    The Civil Law of the Qing Dynasty was completed in the end of 1910, but it had not is⁃sued. Soon the Qing Dynasty collapsed, which means the codification of the Civil Law became in vain. However, That is the unchangeable the trend of times. By studying the different conception of criminal law and civil law, the attention from all parties of the royal court and their discussion of the Civil Law, personnel changes after the complete of the Civil Law, and different opinions of the parental right in the Draft of Civil Law, and the reflection from the newspapers and press were all proves to show the complex⁃ity of amending the law. The Civil Law was a compromise of various views of the court so that it’ s im⁃proper to evaluate the Civil Law with the simple conclusion as being whether traditional or modern, pro⁃gressive or limited.%宣统二年底,大清民律草案脱稿,但未能核定颁布。不久,清王朝覆灭,清末民律编纂成果付诸东流。然而,这样的结局,不仅是时势使然。通过考察民律编修前“民”“刑”概念的分野,朝廷各方对民律的关注和讨论,民律脱稿后朝中的人事变化,民律核议时有关亲权条文的争议,以及报刊舆论的反响,可以呈现修律过程的复杂性,民律的结局是朝中不同意见妥协的结果,不宜简单地以传统与现代、进步与局限来评判。

  1. 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.

  2. 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...

  3. 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.)

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

    Institute of Scientific and Technical Information of China (English)

    姚辉; 段睿

    2012-01-01

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

  5. 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.

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

    Directory of Open Access Journals (Sweden)

    L. H. T. Macarenhas

    2016-07-01

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

  7. 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.

  8. 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...

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

    DEFF Research Database (Denmark)

    Holm, Claus

    2014-01-01

    in the form of ‘general principles legislature’, ensured that the role of the auditor was defined as a result of market forces and the judicial processes of the courts. We observe that in the Danish legal system important interpretative powers are granted to the courts in line with case law traditions...

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

    Directory of Open Access Journals (Sweden)

    Igor N. Polovtsev

    2012-04-01

    Full Text Available 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

  11. 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

  12. 民法中的独立人格与平等原则%Independent Personality and Principle of Equality in Civil Law

    Institute of Scientific and Technical Information of China (English)

    王雷

    2013-01-01

      民法的基本价值取向是平等与自由,对独立法律人格的承认是平等价值得以实现的前提,也是民事主体获得彼此平等地位并正常开展民事活动、合法取得财产的重要前提。民法独立人格及平等原则的内涵是一个动态发展的过程,从罗马法到近代民法再到现代民法,人们对民法独立人格和平等价值的追求从未停止。良好的法律必须是全面肯定民事主体的独立法律人格并妥当贯彻平等价值之内涵的法律。在疑难民事案件裁判过程中,民法平等原则仍然可以起到司法准则的裁判功能。%The most basic value orientation of civil law is equality and liberty.Equality depends on independent legal personality, from the premise of which start civil subjects'civil activities and legitimate properties.From Roman law to modern civil law, the intension of independent personality and equality develops dynamically and the pursuit of them never stops.Good law must affirm independent personality of civil subject and carry out equality appropriately.In difficult civil law cases, equality can play a role of adjudication norm.

  13. 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...

  14. 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...

  15. 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.

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

    Directory of Open Access Journals (Sweden)

    Anca-Monica Ardeleanu

    2013-08-01

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

  17. 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...

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

    Institute of Scientific and Technical Information of China (English)

    顾然; 王福兴

    2014-01-01

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

  19. 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.

  20. 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.

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

    Institute of Scientific and Technical Information of China (English)

    潘丽文

    2015-01-01

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

  2. 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.

  3. 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....

  4. 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).

  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

    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.

  6. 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

  7. On the System Structure of Debt Law in the Civil Code%论我国未来民法典中债法的制度结构

    Institute of Scientific and Technical Information of China (English)

    孙文桢

    2011-01-01

    The definition of debt in civil law at present neglects unilateral act, which needs to be modified. The general rules of debt law should be regulated, and this meets with the inner need of civil code. The general rules of debt law include eight parts, while the sub-rules of debt law include four parts. Lots of principles should watched out during the process of making debt law.%我国目前的债定义存在缺陷,忽视了单方法律行为产生债这一点,应当予以修正。未来民法典中的债法在制度结构上应当规定债法通则,这样才符合体系化的内在要求。债法通则板块应当包括八部分内容,债法分则部分则应当包括四部分内容。在规定债法通则和债法分则时,各有若干特殊规则应当予以注意。

  8. 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?

  9. A Comparative Study on Rural Land Property Right in Common Law Legal System and Civil Law System%农地物权制度与农地产权制度比较考察

    Institute of Scientific and Technical Information of China (English)

    陶银球

    2011-01-01

    What is rural land property right system in the civil law system and what is rural land property right system in the common law legal system. How to give them a specific definition, and recognize their characteristics, content, and limitations and find their relationship , is an unavoidable question in the study of rural land property right system. This paper discusses the evolution of rural land property right in common law legal system and civil law system , put forward that the civil law system emphasis too much on ownership while the common law system didn't pursuit overall control, but actual possession and use. At present, the two legal systems show a blend of mutual trend on rural land property right .%何谓农地物权制度、何谓农地产权制度,分别应当作何界定及其分别所具有的特点、内容、局限性是什么,彼此间有何关系,是研究农地产权制度时不可回避的问题。本文分别探讨两种农地制度的演进,认为内地法系的土地物权制度过分强调了所有权的优位,影响了农地的社会化利用,普通法系土地产权制度不过度追求物的归属与全面支配,但重视农地的实际占有与利用,当前,农地物权制度与农地产权制度呈现出交融互鉴的趋势。

  10. 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

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

    Institute of Scientific and Technical Information of China (English)

    邓长民

    2016-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    李军

    2016-01-01

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

  13. 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...

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

    Directory of Open Access Journals (Sweden)

    Martin Josef Schermaier

    2012-12-01

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

  15. 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. 

  16. 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,…

  17. 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...

  18. 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.)

  19. 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

  20. 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

  1. 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.)

  2. 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).

  3. 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.

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

    Institute of Scientific and Technical Information of China (English)

    吴道霞; 刘明娟; 沈燕

    2012-01-01

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

  5. 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。

  6. 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...

  7. 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...

  8. 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...

  9. 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。

  10. Law

    OpenAIRE

    Mathis, J.H.

    2012-01-01

    The World Trade Review asked distinguished scholars from the three different fields of economics (Pravin Krishna), political science (Edward D. Mansfield) and law (James H. Mathis) to independently review the WTO's annual World Trade Report for 2011, the theme of which is The WTO and Preferential Trade Agreements: From Co-Existence to Coherence.

  11. Benefit Measurement in the Civil Law Conflict Resolution:From Evolvement of Civil Law Methodology to Formation of Interpretation Rules%民法冲突解决中的利益衡量——从民法方法论的进化到解释规则的形成

    Institute of Scientific and Technical Information of China (English)

    李国强; 孙伟良

    2012-01-01

    The benefit conflicts on pluralism of social subject are the radical reasons of conflicts in the perspective of civil law. We can ascertain where the order value destination preinstalled by civil law is through benefit measurement whose methodology meaning should not be ignored. In the long and complicated process of judicial application, gradual forming uniform and disciplinary resolution program could avoid recklessness possibility of benefit measurement in individual cases, so that turn the benefit measurement mechanism which is beyond laws in text into a link of legal order rather than a special case beyond legal order. In the process of interpreting and applying civil law regulations to adjudicate, adjudicators should adjudicate according to definite demonstration rules and procedures, that is, to demonstrate the legitimacy of value orientation and correctness of adjudication result according to the appropriate logic and method under the legal order.%社会主体多元化的利益冲突是民法视角下冲突的根本成因。通过利益衡量可以明确民法预设的秩序价值目标的所在,其方法论意义不容忽视。在长期复杂的司法适用过程中,渐次形成达致统一的规律性的处理方案,才能避免个案中利益衡量的恣意可能性,从而把超越文本上法律的利益衡量机制变成法律秩序的一个环节,而不是超越法律秩序的特例。在解释适用民法规范进行裁判的过程中,裁判者应该按照一定的论证规则和程序进行裁判,即按照法律秩序下的妥当逻辑和方法去论证其所坚持的价值取向的正当性和裁判结果的正确性。

  12. 民法中“物”的剖析%On Dissecting the“Object”of Civil Law

    Institute of Scientific and Technical Information of China (English)

    袁璐; 陈实

    2015-01-01

    This article attempts to dissect “object” of c ivil law by multi-angle. Firstly,it clarifies the connotation and denotation of“object”,especially those are still controversial at the present stage,such as the human mutation,animal and space,and illustrates the reasons why they belong to“object”,which can help to solve the problems caused by vague definition. Secondly,it puts forward that people should understand“object” through developmental vision,put “respecting objects”as one of the constituent elements of“object”;confirm the value of human’s entity while stress people’s duty to look after “object”;double the restrictions on entity,and form the interaction between man and “object”. Finally,this paper dissects the function of“object”from the semantic view,defines the function of the word“object” in law and helps people understand the function of conveying meanings of the concept“right”.%文章对民法中的物进行了多角度的剖析。首先厘清物的内涵外延,特别对现阶段尚有争议的诸如人体变异物、动物、空间进行定性,阐述其属于物的理论依据,解决现实生活中物因为定性不明而产生的问题;其次用发展的眼光理解物,并在物的构成要素中增加对物性尊重这一项,在肯定人主体性的同时,增加人对物的照料,这样通过对主体的双重限制,形成人与物关系的互动;最后,从语义学的角度入手,将作为法律用语的“物”字进行功能分析,界定出“物”字最基本的代指法律客体的功能和帮助人们理解权利概念的意思传递功能。

  13. 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...

  14. 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.

  15. 民法视角下的休息权%RIGHT TO REST FROM THE PERSPECTIVE OF CIVIL LAW

    Institute of Scientific and Technical Information of China (English)

    程思良

    2011-01-01

    The right to rest is an independent personal right which is necessary for natural person to maintain their independent personality.Holiday entitlement and leisure rights are rights to rest which have the nature of welfare as a recompense for surplus labor.And yet leisure rights have the nature of public welfare.Therefore,right to refreshment and tranquility right are personal rights,while holiday entitlement and leisure rights are not.The main body of right to rest is a natural person,not just workers.The law should define that right to rest is a personal right,and specify the rights that natural person have,and stipulate the legal obligation of violating the right to rest definitely.%休息权为自然人维护其独立人格所必需,且不为其他任何一项人格权所包容,因而是一项独立的人格权。在休息权所包含的全部内容中,休假权和休闲权是主要为劳动者享有的带有劳动福利性质的权利,是对劳动者剩余劳动的一种报偿,而休闲权还具有社会公共福利的性质。因此,休整权、安宁权是人格权,而休假权和休闲权则不是。作为人格权的休息权的主体是自然人,而不限于劳动者。法律应明确规定休息权为自然人的一项人格权,明确列举自然人享有休息权的范围,并明确规定侵犯休息权的法律责任。

  16. 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,

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

    Institute of Scientific and Technical Information of China (English)

    宋贻珍

    2014-01-01

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

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

    NARCIS (Netherlands)

    Cauffman, C.

    2012-01-01

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

  19. 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.

  20. On the Inclusion Mode of the Consumer Protection Law during the Compilation of Civil Code%论民法典编纂中消费者保护法的纳入模式

    Institute of Scientific and Technical Information of China (English)

    王然

    2016-01-01

    The civil code has absorbed some content of consumer protection law.This trend reflects the fact that the value pursuit of the civil code has turned from pure formal j ustice to more substantive j ustice.This phenomenon also reflects that the subj ect of the civil code has transformed from a single “economic man”to the coexistence of “economic man”and “man of the society”. Substantive j ustice is an intrinsic pursuit of the civil code.Tilted protection to consumer is not definitely incompatible to the technology neutrality and relative stability of the civil code.In order to make the civil code work at full capacity,the legislator should absorb more contents of consumer protection into the civil code .%将消费者保护方面的制度融入民法典框架之中反映了民法典在价值追求上从聚焦形式正义走向了兼顾实质正义,另一方面也表明了民法典在主体定位上从单一的“经济人”转变为“经济人”与“社会人”共存。实质正义本身就是民法典的应有之义,对消费者的倾斜保护与民法典的技术中立性与相对稳定性也不决然对立,故为了更充分的发挥民法典私法基础的作用,应适当吸纳消费者保护方面的规范。

  1. 32 CFR 935.21 - Civil rights, powers, and duties.

    Science.gov (United States)

    2010-07-01

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

  2. 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...

  3. 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。

  4. 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…

  5. Two-dimensional View of Civil and Criminal Law to Booty Transformation%论赃物转化的民刑二维观

    Institute of Scientific and Technical Information of China (English)

    代杰

    2015-01-01

    Booty transformation such as being appended, acquired in good faith or usucapio are interpreted in terms of the theory of civil law.We must adopt a two-dimensional perspective of civil and criminal to study it.When booty is appended by the perpetrator, it is malicious.The perpetrator can not acquire ownership of accretion mat-ter.If the transferee knows that accretion comprises booty, he may constitute a crime.People in good faith can get the ownership of booty.Even if he knows the matter is booty subsequently, he has the right to continue to occupy. But before the predicate offense is verified, he can not sell the property.People who got the booty from the people in good faith may constitute a crime if he had known the property was the proceeds of crime.Usucapio does not mean that booty has little criminal liability.Only getting to meet the acquisitive prescription and limitation of prose-cution, no crime will be considered.If it only reached acquisitive prescription but did not reach the limitation of prosecution, the matter should be confiscated by the state.If the assignee knows that the property is booty, it may constitute a crime of stolen goods.%赃物被添附、被善意取得、被时效取得等赃物转化问题借用了民法理论,必须采用民刑二维视角。赃物被添附的,犯罪行为人所实施的添附为恶意添附,不能获得添附物的所有权。受让人明知添附物包含赃物而接受的,可能构成犯罪。善意取得人可以取得赃物所有权,即使其事后知悉该物为赃物,也有权继续占有,但在上游犯罪查证前不得出让该物。从善意取得人处受让该“赃物”的人,如明知该物为上上游犯罪行为所得,可能构成犯罪。赃物被时效取得的,并不意味着无刑事责任。只有犯罪行为人占有该赃物既达到取得时效期间又达到追诉时效期间的,才无犯罪问题。如仅达到取得时效期间而未达到追诉时效期间,

  6. 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。

  7. 民用飞机控制律设计系统工程过程研究%Research on System Engineering Process of Civil Aircraft Control Law Design

    Institute of Scientific and Technical Information of China (English)

    谢陵

    2015-01-01

    Model based design method has great advantage in configuration control ,life cycle management and others , compare with document based design .Control law is the key part of civil aircraft flight control system ,but the control law design has some diffident with the system design .Combine the civil aircraft control law and system engineering process , discussing the system engineering process practice including requirements definition ,requirements analysis ,architecture design ,development and implement ,configuration management ,validation ,verification .%基于模型的设计方法与基于文档的设计方法相比,在构型控制、全寿命周期管理等方面具有很大优势。控制律设计为民用飞机飞控系统的核心组成部分。将民机飞控系统控制律与系统工程过程结合,包括需求定义、需求分析、架构设计、开发实施、构型管理、确认、验证以及交付等系统工程实际应用,可有效组织开发工作,提高效率。

  8. 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

  9. 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.

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

    Institute of Scientific and Technical Information of China (English)

    吴恒波; 岳翠云

    2015-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    邓丽

    2015-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    巫乐庭

    2012-01-01

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

  13. 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.

  14. Civil Drafting.

    Science.gov (United States)

    Schertz, Karen; Kellum, Mary, Ed.

    This curriculum guide contains a course in civil drafting to train entry-level workers for jobs in the field. The module contains 12 instructional units that cover the following topics: (1) introduction to civil drafting; (2) map scales and measurement; (3) standard symbols and abbreviations; (4) interpretation of surveyor's notations; (5) legal…

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

    Institute of Scientific and Technical Information of China (English)

    史玉成; 王卿

    2012-01-01

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

  16. 25 CFR 11.502 - Costs in civil actions.

    Science.gov (United States)

    2010-04-01

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

  17. 25 CFR 11.503 - Applicable civil procedure.

    Science.gov (United States)

    2010-04-01

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

  18. Evolución del Derecho penal en el ámbito internacional. Pluralismo y garantismo jurídico-penal como criterios orientadores || Evolution Of The Supranational Criminal Law: Pluralism And Protection Of The Civil Liberties As Guiding Criteria

    Directory of Open Access Journals (Sweden)

    Jorge Correcher Mira

    2013-12-01

    Full Text Available RESUMEN La realidad social internacional presenta un nuevo paradigma que debe ser asumido por el Derecho penal. El contexto social internacional, marcado por la globalización a nivel mundial y el proceso de integración europea en el ámbito comunitario, supone una modificación de las líneas clásicas de recepción de las normas penales, demandando un tratamiento supraestatal del sistema penal. En este trabajo, se analiza desde una perspectiva crítica las propuestas de internacionalización del Derecho penal, en la medida que éstas no han seguido nociones como el pluralismo jurídico y el carácter garantista inherente al Derecho penal.   ABSTRACT The social international reality presents a new paradigm that must be taken up office for the Criminal law. The social international context, marked by the globalization worldwide and the process of European integration in the European area, supposes a modification of the classic lines of receipt of the Criminal law, demanding a supranational treatment of the Criminal System. In this work, the offers of internationalize the Criminal Law will be analyzed from a critical point of view, cause these have not followed notions as the juridical pluralism and the protection of civil liberties inherent in the Criminal Law.  

  19. 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....

  20. Civil Identity

    DEFF Research Database (Denmark)

    Petersen, Lars Axel

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

  1. 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

  2. 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

  3. 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 ...

  4. 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.

  5. 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)

  6. The Laws Are Yours.

    Science.gov (United States)

    Lawyers' Wives of Wisconsin, Racine.

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

  7. 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.

  8. 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...

  9. 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。

  10. 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...

  11. 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.

  12. Civil Disobedience.

    Science.gov (United States)

    Martz, Carlton

    2000-01-01

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

  13. 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.

  14. Analysis of Plaintiff’s Qualification in Civil Public Interest Litigation--Perspective of Newly Revised Article 55 in Civil Procedure Law%浅析民事公益诉讼的原告资格--以新民事诉讼法第五十五条的释义为视角

    Institute of Scientific and Technical Information of China (English)

    曲乔乔

    2013-01-01

      新修订的民事诉讼法第五十五条规定了公益诉讼条款,使中国的公益诉讼制度迈出了跨越性的一步。但是我们也看到,这简单的一条规定仅仅是肯定了公益诉讼这种案件类型在民事诉讼中的合法地位,新法对于启动公益诉讼主体的表述依然不明确,需要我们以诉讼法学理论为基础,通过对当前社会上存在的大量的实践经验、法院案例的总结,以期尽可能的周延公益诉讼制度的原告类型。%A clause covering public interest litigation has been added up to the newly revised Article 55 in the Civil Pro-cedure Law, which signifies a great leap in Chinese legislation system. However, such a clause only legalizes cases of public litigation in the civil litigation, and definite definition of the subject who initiates the public litigation process is still nowhere to see. Thus, it is necessary to determine the plaintiff’s qualification in the public interest litigation system in the light of proce-dural law theory and practice.

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

    Institute of Scientific and Technical Information of China (English)

    周敏

    2012-01-01

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

  16. 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.

  17. 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

  18. 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.

  19. 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.

  20. 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...

  1. 75 FR 13050 - Regulations to Amend the Civil Procedures

    Science.gov (United States)

    2010-03-18

    ... an Administrative Law Judge state good reason(s) for departing from the civil penalty or permit... Civil Procedures AGENCY: Office of General Counsel (OGC), National Oceanic and Atmospheric... administrative proceedings for the assessment of civil penalties; suspension, revocation, modification, or...

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

    Institute of Scientific and Technical Information of China (English)

    郎爱云

    2011-01-01

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

  3. 75 FR 38824 - Privacy Act of 1974; Department of Homeland Security/ALL-029 Civil Rights and Civil Liberties...

    Science.gov (United States)

    2010-07-06

    ... of the Privacy Act because it is a law enforcement system. However, CRCL, component civil rights and... SECURITY Office of the Secretary Privacy Act of 1974; Department of Homeland Security/ALL--029 Civil Rights and Civil Liberties Records System of Records AGENCY: Privacy Office, DHS. ACTION: Notice of...

  4. 75 FR 39266 - Privacy Act of 1974; Department of Homeland Security/ALL-029 Civil Rights and Civil Liberties...

    Science.gov (United States)

    2010-07-08

    ... of the Privacy Act because it ] is a law enforcement system. However, CRCL, component civil rights... SECURITY Office of the Secretary Privacy Act of 1974; Department of Homeland Security/ALL-029 Civil Rights and Civil Liberties Records System of Records AGENCY: Privacy Office, DHS. ACTION: Notice of...

  5. 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)

  6. 关于一般人格权的民法价值及其立法发展%The Value of General Human Rights in Civil Law and Devolopment in Legislation

    Institute of Scientific and Technical Information of China (English)

    蒋涛

    2009-01-01

    Genearl speaking,the freedom,dignity and safty are the standards of personality rights,which are of high generality,the development of the Personality rights is not only the growth of the modern civil law,but also the expression of human's the social value,representing the main body of its society,the diversification of human rights enriches the content of Personality rights.Deemed as a right of"conlmon term",it plays a possitive role in judicial practice.%一般人格权是以人的自由、尊严和安全为标的的,具有高度概括性的权利.它的发展不仅是现代民法的进步,更体现了人作为社会主体的价值所在.人格利益的多样化不仅丰富了它的内容,而且作为具有一般条款性质的权利,在司法实践中发挥着积极的作用.

  7. 78 FR 26545 - Consumer Financial Civil Penalty Fund

    Science.gov (United States)

    2013-05-07

    ... under Federal consumer financial laws. Under the Act, funds in the Civil Penalty Fund may be used for... services under the Federal consumer financial laws. Public Law 111- 203, section 1011(a) (2010), codified... Federal consumer financial laws through judicial actions and administrative adjudication proceedings. 12...

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

    Institute of Scientific and Technical Information of China (English)

    李大何

    2014-01-01

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

  9. 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.

  10. 28 CFR 16.90 - Exemption of Civil Rights Division Systems.

    Science.gov (United States)

    2010-07-01

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

  11. “市民社会”概念内涵的历史嬗变及其与国家的关系--法治中国的地方法制进路%The Historical Evolvement of the Concept of"Civil society"and Its Relationship with Country--The Pathway of Rule China by Law on Local Legal System

    Institute of Scientific and Technical Information of China (English)

    胡彦涛

    2014-01-01

    在对黑格尔市民社会理念批判继承的基础上,马克思从历史唯物主义的角度出发,在与“政治国家”相对的意义上赋予了“市民社会”新的内涵,并且做出了“市民社会决定国家”的历史断言。据此,市民社会将成为实现“法治中国”的决定性力量。而地方法制作为勾连市民社会和政治国家的场域,其重要性也日益凸显。%On the basis of the criticism of Hegel’s idea of "civil society",Marx gave new meaning to"civil society"which was relative to the"political country"from the perspective of historical materialism.And also Marx made the historical assertions that"Civil society decided the country".Therefore we could make a conclusion that"civil society"is the material basis and key factor of Rule China by Law.As the intermediary of"civil society"and"political country",the local legal system will become more and more important.

  12. International resources law

    Energy Technology Data Exchange (ETDEWEB)

    1991-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    郭健; 郭昌炤

    2013-01-01

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

  14. 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...

  15. 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…

  16. 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.

  17. 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

  18. Water, law, science

    Science.gov (United States)

    Narasimhan, T. N.

    2008-01-01

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

  19. 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.

  20. 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...

  1. 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.

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

    Institute of Scientific and Technical Information of China (English)

    杨中华

    2013-01-01

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

  3. 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...

  4. 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...

  5. 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...

  6. 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!

  7. 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.

  8. 75 FR 35631 - Regulations to Amend the Civil Procedures

    Science.gov (United States)

    2010-06-23

    ... Civil Procedures AGENCY: Office of General Counsel (OGC), National Oceanic and Atmospheric... administrative proceedings for the assessment of civil penalties; suspension, revocation, modification, or denial... principal change removes the requirement that an Administrative Law Judge state good reason(s) for...

  9. 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....

  10. 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.

  11. 75 FR 57597 - Revised Proposal for Revisions to the Schedules of Civil Penalties for a Violation of a Federal...

    Science.gov (United States)

    2010-09-21

    ... to the Schedules of Civil Penalties for a Violation of a Federal Railroad Safety Law or Federal... Revisions to the Schedules of Civil Penalties for a Violation of a Federal Railroad Safety Law or Federal... range of civil penalties * * * permitted to be assessed for violation of specific regulations.'' 53...

  12. 29 CFR 553.211 - Law enforcement activities.

    Science.gov (United States)

    2010-07-01

    ... includes physical training, self-defense, firearm proficiency, criminal and civil law principles... they are elected officials and if they are not subject to the civil service laws of their particular... 29 Labor 3 2010-07-01 2010-07-01 false Law enforcement activities. 553.211 Section 553.211...

  13. 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…

  14. 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.

  15. 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

  16. 77 FR 68830 - Delegation of Authority to the Principal Deputy Assistant Attorney General for the Civil Division

    Science.gov (United States)

    2012-11-16

    ... General for the Civil Division, unless any such power or authority is required by law to be exercised by... Delegation of Authority to the Principal Deputy Assistant Attorney General for the Civil Division AGENCY... General for the Civil Division to the Principal Deputy Assistant Attorney General for the Civil...

  17. 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.

  18. 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.

  19. 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

  20. 77 FR 23229 - Submission for OMB Review; Assurance of Compliance-Civil Rights Certificate

    Science.gov (United States)

    2012-04-18

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

  1. 32 CFR 215.9 - Providing military resources to civil authorities.

    Science.gov (United States)

    2010-07-01

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

  2. 78 FR 22798 - Hazardous Materials: Revision of Maximum and Minimum Civil Penalties

    Science.gov (United States)

    2013-04-17

    .... 5101 et seq.). Section 5123(a) of that law provides civil penalties for knowing violations of Federal... Materials: Revision of Maximum and Minimum Civil Penalties AGENCY: Pipeline and Hazardous Materials Safety... the maximum and minimum civil penalties for a knowing violation of the Federal hazardous...

  3. 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)

  4. THE FRAMEWORK OF INSOLVENCY LAW

    Directory of Open Access Journals (Sweden)

    LAVINIA IANCU

    2012-11-01

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

  5. 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.

  6. 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.

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

    Science.gov (United States)

    Vermylen, Yvo

    2005-01-01

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

  8. 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...

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

    Directory of Open Access Journals (Sweden)

    M. Malik

    2015-08-01

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

  10. 77 FR 64431 - Civil Monetary Penalty Inflation Adjustment Rule

    Science.gov (United States)

    2012-10-22

    .... 1022.2 Definitions. 1022.3 Civil monetary penalty inflation adjustment. 1022.4 Cost-of-living... federal law and furthering the policy goals of federal laws and regulations; and (2) inflation has..., the increase is to be rounded to the nearest $25,000. Discussion. The statutory definition of...

  11. 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 ...

  12. Contract Law in a Comparative Perspective

    Directory of Open Access Journals (Sweden)

    - Suharnoko

    2012-05-01

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

  13. 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 .

  14. 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.

  15. The iron law of politics.

    Science.gov (United States)

    Salzman, Philip Carl

    2004-09-01

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

  16. 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.

  17. Civil War and Inoperativity

    DEFF Research Database (Denmark)

    Flohr, Mikkel

    2016-01-01

    civil war and the sovereign state, in spite of Agamben’s insistence on their continuity. Agamben’s decoupling of civil war and the sovereign state facilitates novel political possibilities that unfortunately remain underdeveloped in the book. The article proceeds to develop Agamben’s brief intimations...

  18. 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…

  19. 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....

  20. 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.)

  1. 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 journe...... 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.......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...

  2. 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…

  3. Business Law

    DEFF Research Database (Denmark)

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

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

  4. Climates, Landscapes, and Civilizations

    Science.gov (United States)

    Schultz, Colin

    2013-10-01

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

  5. 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.)

  6. Russian Contract Law for Foreigners

    Directory of Open Access Journals (Sweden)

    Andrey Shirvindt

    2015-01-01

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

  7. Civil & Criminal Penalties

    Data.gov (United States)

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

  8. Offer and acceptance under the Russian Civil Code

    OpenAIRE

    Valery Musin

    2013-01-01

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

  9. 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.

  10. 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.

  11. 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.)

  12. 75 FR 75448 - Revised Proposal for Revisions to the Schedules of Civil Penalties for a Violation of a Federal...

    Science.gov (United States)

    2010-12-03

    ... Proposal for Revisions to the Schedules of Civil Penalties for a Violation of a Federal Railroad Safety Law... schedules of civil penalties as well as other guidance was published on September 21, 2010 (75 FR 57598... schedules of civil penalties issued as appendices to FRA's rail safety regulations, as well as...

  13. 77 FR 26703 - Inflation Adjustment of the Aggravated Maximum Civil Monetary Penalty for a Violation of a...

    Science.gov (United States)

    2012-05-07

    ... Aggravated Maximum Civil Monetary Penalty for a Violation of a Federal Railroad Safety Law or Federal..., FRA published a final rule, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, which increased the aggravated maximum civil monetary penalty that the agency will apply when...

  14. 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

  15. 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…

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

    Directory of Open Access Journals (Sweden)

    Bogdan Florin MICU

    2013-06-01

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

  17. 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.

  18. 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...

  19. 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)

  20. 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。

  1. 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...

  2. 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....

  3. 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...

  4. 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.)

  5. 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

  6. 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.

  7. 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.

  8. 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....

  9. Inexpressive Law

    OpenAIRE

    Carbonara, Emanuela; Parisi, Francesco; von Wangenheim, Georg

    2010-01-01

    According to expressive law theories, expression of values is an important function played by the law. Expressive laws affect behavior, not by threatening sanctions or promising rewards, but by changing individual preferences and tastes and, in some cases, by affecting social norms and values. New laws, however, can run against sticky social norms, failing to achieve their expressive effects. By developing a dynamic model, in this paper we show that inexpressive laws (laws whose expressive fu...

  10. 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.”

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

    Institute of Scientific and Technical Information of China (English)

    吴洪锋

    2012-01-01

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

  12. Civil Preparedness: Government Propaganda

    OpenAIRE

    Grieve, Victoria

    2016-01-01

    The United States government used civil defense theater as a means to distract the U.S. public from the dangers of atomic weapons and the build up and testing of its nuclear stockpile. When defense theater failed, the government sought out other events as a means to continue the distraction.

  13. Reconceptualizing Civil Regulation

    DEFF Research Database (Denmark)

    Galang, Roberto Martin; Castello, Itziar

    2011-01-01

    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...

  14. 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…

  15. 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…

  16. 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 Section 801.43 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR OTHER LAWS APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988 Enforcement § 801.43 Civil...

  17. 75 FR 57230 - 340B Drug Pricing Program Manufacturer Civil Monetary Penalties

    Science.gov (United States)

    2010-09-20

    ... HUMAN SERVICES 42 CFR Chapter I 340B Drug Pricing Program Manufacturer Civil Monetary Penalties AGENCY... request for comments. SUMMARY: Section 602 of Public Law 102-585, the ``Veterans Health Care Act ] of 1992...) establishing standards for the imposition of sanctions in the form of civil monetary penalties...

  18. 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…

  19. 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.

  20. 77 FR 70710 - Civil Penalties

    Science.gov (United States)

    2012-11-27

    ... civil penalty policy when determining the appropriate civil penalty amount. See 62 FR 37115 (July 10... action is taken pursuant to the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as..., adjust penalties based on inflation at least every four years. DATES: This rule is effective December...

  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... Monetary Penalty Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act...

  2. 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...

  3. Principles of European Contract Law

    DEFF Research Database (Denmark)

    Lando, Ole; Beale, Hugh

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

  4. 49 CFR 1542.215 - Law enforcement support.

    Science.gov (United States)

    2010-10-01

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

  5. 49 CFR 1503.607 - Administrative law judges.

    Science.gov (United States)

    2010-10-01

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

  6. 5 CFR 930.209 - Senior Administrative Law Judge Program.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Senior Administrative Law Judge Program. 930.209 Section 930.209 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL...) Administrative Law Judge Program § 930.209 Senior Administrative Law Judge Program. (a) OPM administers a...

  7. 5 CFR 930.211 - Actions against administrative law judges.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Actions against administrative law judges. 930.211 Section 930.211 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL...) Administrative Law Judge Program § 930.211 Actions against administrative law judges. (a) Procedures. An...

  8. 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...

  9. 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

  10. 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.

  11. Transnationalising Civil Society?

    DEFF Research Database (Denmark)

    Jørgensen, Martin Bak

    The paper takes a transnational perspective on developing an analytical framework for understanding how transnationalism interacts with civil society and how immigrant organisations use transnational strategies to challenge the pre-given positions of immigrants within given integration- and citiz......The paper takes a transnational perspective on developing an analytical framework for understanding how transnationalism interacts with civil society and how immigrant organisations use transnational strategies to challenge the pre-given positions of immigrants within given integration...... degree, what kind of groups and which types of aims are pursued via these channels and this type of engagement. The paper ends with some preliminary empirical findings of transnational engagement and organisation among Alevis and (Turkish) Assyrians in Denmark, Sweden, and Germany....

  12. Insolvencias. Civil y societaria

    Directory of Open Access Journals (Sweden)

    Gustavo Bordes Leone

    2014-01-01

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

  13. 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...

  14. 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...

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

    Institute of Scientific and Technical Information of China (English)

    温慧卿; 姜丽

    2012-01-01

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

  16. 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.

  17. 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。

  18. 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)

  19. 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 ...

  20. 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

  1. 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.

  2. 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)

  3. 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

  4. 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.

  5. 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

  6. 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...... challenges will the next 150 years bring civil engineers? Researchers and lecturers at DTU’s Department of Civil Engineering (known as DTU Byg) suggested possible events, and we also consulted civil engineers and their business partners in the building industry. In this way, a programme was put together...... theme in twentieth century architecture. Together, civil engineer Peter Rice and architect Ian Ritchie created a paradigm shift with their revolutionary ideas for glass facades supported by cables. Glued and bolted constructions made entirely of glass are now a reality in small-scale projects, yet...

  7. Civil Procedure In Denmark

    DEFF Research Database (Denmark)

    Werlauff, Erik

    , enforcement in Denmark of judgments pronounced by Danish or foreign courts, as well as arbitration in Danish and international arbitral cases, based on the extensive Danish arbitral reform 2005, taking the Uncitral pattern arbitration law as its model. The book is written parly based on traditional legal...

  8. 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...

  9. 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...

  10. 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...

  11. 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...

  12. 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...

  13. 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

  14. 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. [...

  15. 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)

  16. 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…

  17. 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

  18. 75 FR 79978 - Civil Penalties

    Science.gov (United States)

    2010-12-21

    ... Enforcement Fairness Act (SBREFA). See 62 FR 37115 (July 10, 1997). As a matter of policy, we intend to... the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as amended by the Debt Collection... Federal Civil Monetary Penalty Inflation Adjustment Act of 1990 (28 U.S.C. 2461, Notes, Pub. L. 101-...

  19. 77 FR 55175 - Civil Penalties

    Science.gov (United States)

    2012-09-07

    ... policy when determining the appropriate civil penalty amount. See 62 FR 37115 (July 10, 1997) (NHTSA's... susceptibility requirements. This action would be taken pursuant to the Federal Civil Monetary Penalty Inflation... Monetary Penalty Inflation Adjustment Act of 1990 (28 U.S.C. 2461 Notes, Pub. L. 101- 410), as amended...

  20. 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.

  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. Letter: Climate law: path paved for civil action

    NARCIS (Netherlands)

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

    2015-01-01

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

  4. 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 ...

  5. 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.

  6. 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.

  7. 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,…

  8. 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.

  9. 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.

  10. How persistent is civilization growth?

    CERN Document Server

    Garrett, Timothy J

    2011-01-01

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

  11. 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...

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

    Directory of Open Access Journals (Sweden)

    AFANASYEVA E.

    2012-01-01

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

  13. 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.

  14. 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)

  15. 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...

  16. 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

  17. 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…

  18. 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,...

  19. 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...

  20. 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,...

  1. 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...

  2. 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,...

  3. 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...

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

    DEFF Research Database (Denmark)

    Pedersen, Karin Hilmer; Johannsen, Lars

    2016-01-01

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

  5. 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.

  6. 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...

  7. 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...

  8. 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...

  9. 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...

  10. 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.

  11. 5 CFR 930.208 - Administrative Law Judge Loan Program-detail to other agencies.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Administrative Law Judge Loan Program... (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) PROGRAMS FOR SPECIFIC POSITIONS AND EXAMINATIONS (MISCELLANEOUS) Administrative Law Judge Program § 930.208 Administrative Law Judge Loan Program—detail to...

  12. 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....

  13. 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....

  14. 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....

  15. 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....

  16. 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....

  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. 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)

  20. 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.)

  1. Legal Regulation of Civil Servants in Russia and Germany Receiving Gifts

    Directory of Open Access Journals (Sweden)

    Svetlana Zimneva

    2015-01-01

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

  2. THE AGENCY AGREEMENT IN THE NEW CIVIL CODE

    Directory of Open Access Journals (Sweden)

    Livia MOCANU

    2014-05-01

    Full Text Available Although not for the first time, the new Civil Code regulated separately the agency agreement in art. 2072 - 2095. As a consequence of the monist concept, the new Civil Code includes many agreements from now on, including those considered up to present proper to the commercial activity. It is also the case of the agency agreement, previously regulated by a special normative document that is Law no. 509/2002, based on a Directive of the European Union. The rules comprised in the present regulation define a separate agreement, stand-alone agreement, with its own features, in agreement with the part it plays in achieving the intermediation activity, a part legally established by the law of the European Union. The present study is focused on the analysis of the legal regime of the agency agreement, in accordance with the new Civil Code, dealing with the following aspects: its legal frame, its legal definition and features, the content of the agreement, its effects and the termination of the agency agreement.

  3. 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...

  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. 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

  6. 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.

  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. 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.)

  9. 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…

  10. 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…

  11. 1975 Textbooks for French Civilization.

    Science.gov (United States)

    Brown, Jack Davis

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

  12. 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…

  13. 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,…

  14. Aging of civil explosives (Poster)

    NARCIS (Netherlands)

    Krabbendam-La Haye, E.L.M.; Klerk, W.P.C. de; Hoen, C. 't; Krämer, R.E.

    2014-01-01

    For the Dutch MoD and police, TNO composed sets with different kinds of civil explosives to train their detection dogs. The manufacturer of these explosives guarantees several years of stability of these explosives. These sets of explosives are used under different conditions, like temperature and h

  15. 75 FR 49879 - Civil Penalties

    Science.gov (United States)

    2010-08-16

    ... provisions of the Energy Policy and Conservation Act. 73 FR 9955. Most recently, on February 2, 2010, the... (SBREFA). See 62 FR 37115 (July 10, 1997). As a matter of policy, we intend to continue to consider the... defraud. This action would be taken pursuant to the Federal Civil Monetary Penalty Inflation...

  16. 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

  17. 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.

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

    Science.gov (United States)

    Vayre, P

    1998-04-01

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

  19. 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

  20. 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

  1. REFORMING CIVIL SERVICE IN KAZAKHSTAN

    Directory of Open Access Journals (Sweden)

    Sergey Valerievich Bespalov

    2016-02-01

    Full Text Available Administrative reform and, in particular, the civil service reform in Kazakhstan, like other countries of the former Soviet Union in the past 25 years, was due not only need to implement state-building in the former Soviet republics, but also influenced by global trends.The aim of this paper is a comprehensive description of the main stages of the reform of the civil service in the post-Soviet Kazakhstan. The article used the methods of institutional and diachronic analysis (the study of the successive in real historical time steps. Since 1995, Kazakhstan’s leadership proclaimed the establishment of a modern, efficient public service system a strategic priority of its policy. Analyzing the world experience and learning from their own miscalculations, the authorities have made significant progress in this area. At the same time, the unwillingness to make the final choice in favor of the positional model of public service, based on the competitive selection of cadres of public servants, their generous financial reward to bring you to the civil service people from the business, or career model, involving, on the contrary, «closed» career combined intangible benefits and guarantees for public servants, considerably reduces the effectiveness of the reforms. In 2015, President Nursultan Nazarbayev announced a new ambitious program of modernization of the civil service in Kazakhstan. However, the government of Kazakhstan announced plans to reform demonstrate actual recognition of the serious flaws and shortcomings in the implementation of civil service reforms in the early stages.

  2. 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.

  3. Features Of Civil Cases Consideration In The Magistrates Courts In The Russian Empire

    Directory of Open Access Journals (Sweden)

    Evgeniya V. Loginova

    2014-12-01

    Full Text Available In this article the historical and legal experience related to the activities of magistrates' courts in the Russian Empire. Author analyzed features of civil cases in magistrates' courts. Problems of global justice of the peace development are connected with the formation of the civil society prerequisites, development of public relations. Nature of the magistrate court activity was determined by that it was a lowest judicial instance and in this instance considered the least significant cases, including civil-law claims with small amounts. Passage of civil case in magistrate's court (first instance can be divided into several stages: initiation of proceedings; preparing case for trial; trial; decision and announcement of the decision; revocable production; decision execution. In the trial stage several stages can be allocated: preparatory part, consideration of merits, parties concluding arguments. Among the important features of proceedings in the magistrates' court should be pointed out the fact that the Charter of Civil Procedure prescribed a detailed written statement of each decision of the judges with a detailed description of all circumstances, including verbal requests and complaints, as well as testimony. As a result, a significant portion of time was taken from the judge by the written work. In the article it is concluded that consideration of civil cases by the magistrate courts can be attributed to civil proceedings, as it was regulated by the Charter of Civil Procedure. Hearing of civil cases in the magistrates' courts had its own characteristics in comparison to the general civil proceedings. These include simplified, compared to the conventional, order of legal proceedings and division of decision on final and inconclusive.

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

    Science.gov (United States)

    Chen, Ye-Sho; Leimkuhler, Ferdinand F.

    1986-01-01

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

  5. Analysis of Reinforcement of Civil Evidence

    Institute of Scientific and Technical Information of China (English)

    Sun Xiaoyue

    2015-01-01

    Abstract:Corroborative evidence is the basis for ascertaining and corroboration rules are proof the rules, plays a corroborative proof function and limiting the discretion of judges. Full study of corroborative evidence in civil procedure rules to use, helps to perfect evidence rules of civil procedure and civil systems.

  6. 78 FR 672 - Civil Monetary Penalties

    Science.gov (United States)

    2013-01-04

    ... the USDA civil monetary penalty provisions for the Program Fraud Civil Remedies Act of 1986 (PFCRA) in... E-Government Act to promote the use of the internet and other information technologies to provide... Program Fraud Civil Remedies Act of 1986 in regulations at 7 CFR part 1, subpart L. The Agency...

  7. 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…

  8. 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...

  9. 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...

  10. 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...

  11. 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...

  12. 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...

  13. 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,...

  14. 32 CFR 310.46 - Civil actions.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 2 2010-07-01 2010-07-01 false Civil actions. 310.46 Section 310.46 National Defense Department of Defense (Continued) OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) PRIVACY PROGRAM DOD PRIVACY PROGRAM Privacy Act Violations § 310.46 Civil actions. An individual may file a civil...

  15. 22 CFR 127.10 - Civil penalty.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Civil penalty. 127.10 Section 127.10 Foreign... Civil penalty. (a) The Assistant Secretary of State for Political-Military Affairs is authorized to impose a civil penalty in an amount not to exceed that authorized by 22 U.S.C. 2778, 2779a and 2780...

  16. 10 CFR 110.64 - Civil penalty.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Civil penalty. 110.64 Section 110.64 Energy NUCLEAR... Enforcement § 110.64 Civil penalty. (a) In response to a violation, the Commission may institute a proceeding to impose a civil penalty under section 234 of the Atomic Energy Act by issuing a notice to...

  17. 49 CFR 221.7 - Civil penalty.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 221.7 Section 221.7 Transportation... TRANSPORTATION REAR END MARKING DEVICE-PASSENGER, COMMUTER AND FREIGHT TRAINS General § 221.7 Civil penalty. Any... requirement is subject to a civil penalty of at least $650 and not more than $25,000 per violation,...

  18. 10 CFR 1017.29 - Civil penalty.

    Science.gov (United States)

    2010-01-01

    ... subject to a civil penalty under this part: (1) 10 CFR Part 1017—Identification and Protection of... 10 Energy 4 2010-01-01 2010-01-01 false Civil penalty. 1017.29 Section 1017.29 Energy DEPARTMENT... INFORMATION Violations § 1017.29 Civil penalty. Link to an amendment published at 74 FR 66033, Dec. 14,...

  19. 14 CFR 1212.800 - Civil remedies.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Civil remedies. 1212.800 Section 1212.800... Comply With Requirements of This Part § 1212.800 Civil remedies. Failure to comply with the requirements of the Privacy Act and this part could subject NASA to civil suit under the provisions of 5...

  20. 33 CFR 401.102 - Civil penalty.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Civil penalty. 401.102 Section... TRANSPORTATION SEAWAY REGULATIONS AND RULES Penalties-Violations of Seaway Regulations § 401.102 Civil penalty. (a) A person, as described in § 401.101(b), who violates a regulation is liable to a civil penalty...

  1. 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...

  2. 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...

  3. 7 CFR 761.3 - Civil rights.

    Science.gov (United States)

    2010-01-01

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

  4. 50 CFR 401.22 - Civil rights.

    Science.gov (United States)

    2010-10-01

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

  5. 30 CFR 881.12 - Civil rights.

    Science.gov (United States)

    2010-07-01

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

  6. CONSIDERATIONS ON THE GENERAL PROVISIONS OF THE NEW CIVIL CODE IN THE FIELD OF WILL

    Directory of Open Access Journals (Sweden)

    ILIOARA GENOIU

    2012-05-01

    Full Text Available Generally speaking, the will institution has been reconfigured by the new Civil Code. Even through its general provisions which have been consecrated to will, Law No. 287/2009 brings a few novelty elements. The present work is aimed to analyze the general aspects which characterize will (definition and legal features of will, contents of will, mutual will, proof of will, testator’s consent and interpretation of will, in a comparative manner, both in relation to the provisions of the 1864 Civil Code and the provisions of the new Civil Code. Thus, this will allow us to point out the novelty elements brought within the field subject to our analysis by the new Civil Code and to assess their justness and appropriateness.

  7. CARACTERE SPECIFICE VINOVĂŢIEI – CONDIŢIE A RĂSPUNDERII JURIDICE CIVILE

    Directory of Open Access Journals (Sweden)

    Eugenia COJOCARI

    2015-11-01

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

  8. 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.

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

    NARCIS (Netherlands)

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

    2016-01-01

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

  10. 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.

  11. 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.

  12. 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 ...

  13. 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

  14. Private international Law in Chinese Courts

    Institute of Scientific and Technical Information of China (English)

    HUANG Jin; DU Huanfang

    2006-01-01

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

  15. Labour's law?

    OpenAIRE

    Jahn, Elke J.; Wagner, Thomas

    2001-01-01

    A cross section analysis of 23 OECD members shows that there is an „antagonistic” relationship between the legal protection of investor interests on the one hand and labour interests on the other: the stronger the legal protection of investor rights in a country, the less developed are the individual and collective rights of labour and vice versa. A main cause for a country's position with respect to this trade off is its type of legal system, specifically whether it belongs to the common law...

  16. 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

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

    Institute of Scientific and Technical Information of China (English)

    张树腾

    2014-01-01

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

  18. Case law

    International Nuclear Information System (INIS)

    Several judgements are carried: Supreme Administrative Court Judgement rejecting an application to prevent construction of a new nuclear power plant (Finland); judgement of the Council of State specifying the law applicable to storage facilities for depleted uranium (France); Supreme Court Decision overturning for foreign spent fuel (Russian federation); Court of Appeal Judgement on government decision to allow the start up of a MOX fuel plant ( United Kingdom); judgement on lawfulness of authorizations granted by the Environment Agency: Marchiori v. the Environment Agency; (U.K.); Kennedy v. Southern California Edison Co. (U.S.A); Judgement concerning Ireland ' s application to prevent operation of BNFL ' s MOX facility at Sellafield: Ireland v. United Kingdom; At the European Court of Human Rights Balmer-Schafroth and others have complained v. Switzerland. Parliamentary decision rescinding the shutdown date for Barseback - 2 (Sweden); Decision of the International trade Commission regarding imposition of countervailing and anti-dumping duties on imports of low enriched uranium from the European Union, Yucca Mountain site recommendation (USA). (N.C.)

  19. Global Standards of Market Civilization

    DEFF Research Database (Denmark)

    state system has evolved such standards have also developed, incorporating the capacity for social cooperation and self-government to which states must conform in order to fully participate as legitimate members in international society. This study analyzes their justification, and their political...... thought, as well as its historical application part II presents original case studies that demonstrate the emergence of such standards and explore the diffusion of liberal capitalist ideas through the global political economy and the consequences for development and governance; the International Monetary......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...

  20. Geometric procedures for civil engineers

    CERN Document Server

    Tonias, Elias C

    2016-01-01

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

  1. Judicial civil procedure dragging out in Kosovo

    OpenAIRE

    Rrustem Qehaja; Elza Bajrami

    2016-01-01

    This article tends to deal with one of the most worrying issues in the judicial system of Kosovo the problem of judicial civil procedure dragging out. The article analyses the reasons of these dragging outs of the judicial civil procedure focusing on the context of one of the basic procedural principles in civil procedure-the principle of economy or efficiency in the courts. Dragging out of civil procedure in Kosovo has put in question not only the basic principles of civil procedure, but it ...

  2. Civil service employment statistics 2006

    OpenAIRE

    Donna Livesey; Craig Taylor; Pete Jones

    2007-01-01

    Presents a summary of annual statistics, previously produced by the Cabinet Office and now the responsibility of ONS.This article presents a summary of annual Civil Service statistics for the year ending 30 September 2006, as published in July 2007. Previously produced by the Cabinet Office, responsibility for the collection and publication of these statistics is now with the Office for National Statistics (ONS). This transfer of responsibility was outlined in an ‘In brief’ article in the Feb...

  3. [Civil bioethics in pluralistics societies].

    Science.gov (United States)

    Cortina, A

    2000-01-01

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

  4. EXPERIMENTING TOWARDS CIVIL SOCIETY RESILIENCE

    OpenAIRE

    Engelbach, Wolf; Kloyber, Christian; Rigaud, Eric; Wendt, Willi

    2015-01-01

    International audience Civil Society Resilience is an area of crisis management that is complementary to professional response. Crisis managers and response organizations need to integrate individuals, communities and local governments in their management efforts, among others by efficient crisis communication via media and the mobilization and handling of citizens as spontaneous volunteers. DRIVER aims at a campaign of experiments: organizational concepts and IT-solutions will be iterativ...

  5. The demography of extraterrestrial civilizations

    Science.gov (United States)

    Billingham, J.

    1981-01-01

    Studies carried out within the last ten years on the nature and distribution of extraterrestrial intelligent life are reviewed. Arguments for the absence of intelligent life in the Galaxy based on the assumption that at least some of these would have engaged in colonization and for the presence of colonies of extraterrestrials in some undiscovered location in the solar system are presented, and it is noted that both these views rest on the notion that interstellar travel can be achieved at high velocities in very large vehicles, which has been questioned. Alternative suggestions concerning interstellar exploration by automated probes and the possible extended time scale and motivation for galactic colonization are pointed out. Attention is then given to arguments for the extreme smallness of one of the factors in the Drake equation used to estimate the number of communicative extraterrestrial civilizations in the Galaxy, including the frequency of single stars, the likelihood that planets with the correct initial composition and conditions for life are at the proper distance from their stars, the probability of the formation of DNA and the origin of life, and the time for the evolution of intelligence. It is concluded that it seems likely that other civilizations exist in the Galaxy, although the number and distribution of such civilizations may only be determined by the detection of one or more examples.

  6. 论私法与公法的区分标准%On the conception of private law:A revolutionary concept of private law

    Institute of Scientific and Technical Information of China (English)

    孙文桢

    2013-01-01

    The definition of private law should begin with theory of civil society and be based on the relation among family, civil society and political state. According to object of law, private law can be correctly defined. This definition has also achieved a revolution about the private law concept, which produces a new concept of private law. For the civil codification in China today, this new concept of private law will help to build the future civil code into a grand building instead of“Three Sticks”. For the theoretical research of civil law, this new concept of private law will help to enrich existing civil law theory and make it more substantial and well-developed.%私法与公法区分标准的确定应当从研究市民社会的理论入手,并以家庭、市民社会和政治国家这三者的关系为基础。根据法律的调整对象是否为非国家统治关系,可将私法与公法区分开来。这种区分同时也产生了新的私法观。对于今日中国的民法法典化而言,这种新的私法观有助于将未来的民法典建成宏伟大厦,而不是将其弄成“三根棒棒”;对于民法的理论研究而言,这种新的私法观有助于丰富现有的民法理论,使其更加充实和丰满。

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

    OpenAIRE

    Rasskazov L. P.

    2015-01-01

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

  8. 民间法规则:基础、功能及转化%Regulation of Civil Law:Foundation, Function and Conversion

    Institute of Scientific and Technical Information of China (English)

    熊春泉; 马婧

    2011-01-01

    The modem foundation of regulation of civil law decides its position and role in law modernization construction in China. Regulation of civil law has active and negative function of regulation. The correspondence in form and content of regulation of civil law and state law decides the possibility of transformation.%民间法规则具有现代基础性决定了其在中国法治现代化建设中之地位和作用。民间法规则具有积极和消极的规制功能。民间法规则与国家法在形式和内容上的契合性决定了相互转化的可能性。

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

    Directory of Open Access Journals (Sweden)

    Anderson Cortez Mendes

    2015-12-01

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

  10. Case Law

    International Nuclear Information System (INIS)

    Different case law are presented in this part: By decision dated 17 july 2009, the Ontario Court of Appeal (Canada) has ruled on the scope of solicitor-client privilege and the protections that may be afforded to privileged investigations reports. The decision reaffirms the canadian court system view of the importance of the protection of solicitor-client privilege to the administration of justice; For United states here is a judgment of a U.S. court of Appeals on the design basis threat security rule (2009), this case concerns a challenge to the U.S. Nuclear regulatory commission (N.R.C.) revised design basis threat rule, which was adopted in 2007 (nuclear bulletin law no. 80). The petitioners public citizen, Inc., San Luis Obispo Mothers for Peace and the State of New York filed a lawsuit in the U.S. court of appeals for the Ninth circuit alleging that the N.R.C. acted arbitrarily and capriciously and in violation of law by refusing to include the treat of air attacks in its final revised design basis rule. On the 24. july 2009, a panel of three ninth circuit judges rules 2-1 that the N.R.C. acted reasonably in not including an air treat in its design basis rule. Secondly, judgment of a U.S. court of appeals on consideration of the environmental impact of terrorist attacks on nuclear facilities (2009), this case concerns the scope of the U.S. Nuclear regulatory commission environmental analysis during its review of applications to re-licence commercial nuclear power plants. New Jersey urged the N.R.C. to consider the environmental impact of an airborne terrorist attack on the power plant, arguing that such analysis was required by the national environmental policy act (N.E.P.A.). On 31. march 2009, a panel of three circuit judges declined to follow the ninth circuit opinion and affirmed NRC decision 3-0 ruling that NRC was not required to consider terrorism in its N.E.P.A. analysis because NRC re-licensing would not be a reasonably close cause of terrorism

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2003-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Francisca Ramón Fernández

    2012-12-01

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

  13. Case law

    International Nuclear Information System (INIS)

    This article reviews the judgements and law decisions concerning nuclear activities throughout the world during the end of 1999 and the first semester 2000. In Belgium a judgement has allowed the return of nuclear waste from France. In France the Council of State confirmed the repeal of an authorization order of an installation dedicated to the storage of uranium sesquioxide, on the basis of an insufficient risk analysis. In France too, the criminal chamber of the French Supreme Court ruled that the production in excess of that authorized in the licence can be compared to carrying out operations without a licence. In Japan the Fukui district court rejected a lawsuit filed by local residents calling for the permanent closure, on safety grounds, of the Monju reactor. In the Netherlands, the Council of State ruled that the Dutch government had no legal basis for limiting in time the operating licence of the Borssele plant. In Usa a district court has rejected a request to ban MOX fuel shipment. (A.C.)

  14. Case law

    International Nuclear Information System (INIS)

    This section reports on 7 case laws from 4 countries: - France: Conseil d'Etat decision, 28 June 2013, refusing to suspend operation of the Fessenheim nuclear power plant; - Slovak Republic: New developments including the Supreme Court's judgment in a matter involving Greenpeace Slovakia's claims regarding the Mochovce nuclear power plant; New developments in the matter involving Greenpeace's demands for information under the Freedom of Information Act; - Switzerland: Judgment of the Federal Supreme Court in the matter of the Departement federal de l'environnement, des transports, de l'energie et de la communication (DETEC) against Ursula Balmer-Schafroth and others on consideration of admissibility of a request to withdraw the operating licence for the Muehleberg nuclear power plant; - United States: Judgment of the Court of Appeals for the District of Columbia Circuit granting petition for writ of mandamus ordering US Nuclear Regulatory Commission (NRC) to resume Yucca Mountain licensing; Judgment of the Court of Appeals for the Second Circuit invalidating two Vermont statutes as preempted by the Atomic Energy Act; Judgment of the NRC on transferring Shieldalloy site to New Jersey's jurisdiction

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

    Directory of Open Access Journals (Sweden)

    Kirsanov A. N.

    2015-01-01

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

  16. Noviolencia, desobediencia civil y ejemplaridad

    OpenAIRE

    Alicia María de Mingo Rodríguez

    2010-01-01

    Este artículo intenta mostrar la íntima conexión entre el espíritu que anima la noviolenciaen Mahatma Gandhi y la modalidad de práctica de dicha noviolencia que representala desobediencia civil. No sólo se aborda aquella noviolencia y esta desobediencia en susrasgos básicos, destacándose la perplejidad que suscita la noviolencia en su asimetría eirreprocidad (respecto al acto agresivo), sino que expresamente se intenta articularlasde cara a pensar la relevancia de ambos conceptos para una edu...

  17. State Phobia and Civil Society

    DEFF Research Database (Denmark)

    Dean, Mitchell; Villadsen, Kaspar

    State Phobia draws extensively upon the work of Michel Foucault to argue for the necessity of the concept of the state in political and social analysis. In so doing, it takes on not only the dominant view in the human sciences that the concept of the state is outmoded, but also the large interpre...... and political rights of individuals. Arguing that states and their cooperation remain of vital importance to resolving contemporary crises, they demonstrate the interdependence of state and civil society and the necessity of social forms of governance....

  18. ATLAS Civil Engineering Point 1

    CERN Multimedia

    Jean-Claude Vialis

    1998-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Lammich, S.

    1987-02-02

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

  20. The Functions Of Trust Law: A Comparative Legal And Economic Analysis

    OpenAIRE

    Henry B. Hansmann; Ugo A. Mattei

    1998-01-01

    This Article analyzes the functions served by the law of trusts and asks, first, whether the basic tools of contract and agency law could fulfill the same functions and, second, whether trust law provides benefits that are not provided by the law of corporations. The analysis is motivated in part by the increasing interest in the trust -- a familiar feature of common-law jurisdictions -- in a number of civil law countries, and in part by the important role that trusts, such as pension funds a...

  1. The Impact of Fair Employment Laws on Training.

    Science.gov (United States)

    Gordon, Steven R.

    1978-01-01

    Focuses on the effect of Title VII (Civil Rights Act of 1964) on applicant selection for training. Trainee selection procedures adversely affecting minorities must be job related. Examines court cases, Equal Employment Opportunity Commission decisions, and impact of fair employment laws on training. (CSS)

  2. Recent publications on environmental law

    International Nuclear Information System (INIS)

    The bibliography contains 1160 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./HP)

  3. Poverty and Civil War: Revisiting the Evidence

    OpenAIRE

    Djankov, Simeon; Reynal-Querol, Marta

    2010-01-01

    Previous research has interpreted the correlation between per capita income and civil war as evidence that poverty is a main determinant of conflict. In this paper, we find that the relationship between poverty and civil war is spurious and is accounted for by historical phenomena that jointly determine income evolution and conflict. In particular, the statistical association between poverty and civil wars disappears once we include country fixed effects. Also, using cross-section data for 19...

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

    Directory of Open Access Journals (Sweden)

    Andreas Bummel

    2014-10-01

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

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

    Institute of Scientific and Technical Information of China (English)

    唐桂明

    2012-01-01

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

  6. Economic Analysis of Law

    OpenAIRE

    Louis Kaplow; Steven Shavell

    1999-01-01

    This entry for the forthcoming The New Palgrave Dictionary of Economics (Second Edition) surveys the economic analysis of five primary fields of law: property law; liability for accidents; contract law; litigation; and public enforcement and criminal law. It also briefly considers some criticisms of the economic analysis of law.

  7. Implied terms in English and Romanian law

    Directory of Open Access Journals (Sweden)

    Stefan Dinu

    2015-12-01

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

  8. Radio communications with extra-terrestrial civilizations

    Science.gov (United States)

    Kotelnikov, V. A.

    1974-01-01

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

  9. Moral autonomy, civil liberties, and Confucianism

    OpenAIRE

    Chan, J

    2002-01-01

    Analyzes the associations among moral autonomy, civil liberties and Confucianism. Concept of moral autonomy; Elements of moral living; Application of moral autonomy in Confucian ethics; Theories of freedom.

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

    Institute of Scientific and Technical Information of China (English)

    ZHANG Wenxian

    2006-01-01

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

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

    Science.gov (United States)

    Hoelscher, Karen J.

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

  12. Status of will governance in determination of law governing business documents validity

    Directory of Open Access Journals (Sweden)

    Peyman Mohammadi

    2014-02-01

    Full Text Available Law governing substantive conditions of business documents issuance is one of important problems facing investigators. Since law governing business contracts and documents is governing out of limits of national law today, value and effect of will governance is of interest to jurisprudents because contract parties are allowed to determine contract effects and terms consensually to the extent to which these effects and terms do not contradict public order and imperative law and, in fact, they can replace law with these agreed terms. In Iranian law, although it is accepted, in principle, that law agreed upon by parties is the same law governing constitutional terms of issuing business documents, some took an opposite perspective since they consider Article 968 of civil law imperative. As issues regarding intent, consent, and capacity are considered as having relation to domestic public order, it seems that acceptance of governance of agreed law over these conditions of business documents  issuance is difficult.

  13. Modern Reforming Of Russian International Private Law: Revolution Or Evolution?

    Directory of Open Access Journals (Sweden)

    Alexandra V. Aleshina

    2015-03-01

    Full Text Available In the present article, authors analyzed novels of the conflict regulation of private relations complicated by the foreign element. Authors revise the main stages of reforming provisions of the section VI of the “Private international law" from the third part of the Civil Code of the Russian Federation. It is shown that these changes are part of the large, complex project of the Russian civil legislation reforming. Authors note that today it is absolutely impossible to imagine any legal system in the world that does not include rules of the private international law. This is due to the fact that private international law is intended to regulate specific public relations that go beyond one state. Authors conducted a comparative legal analysis of dynamics and content of the private international law norms in other countries, especially countries of the European Union. Much attention is paid to problems of the terminology reforming. In the article authors show the advantages of the evolutionary development of private international law in comparison with the revolutionary changes. Law enforcement practice is considered by authors as an indicator of ongoing reforms in the Russian Federation in the sphere of private international law. In the conclusion authors summarize that the conflict of regulation in our country, no doubt, become more detailed and deployed, aimed at keeping the complex legal structures, resulting in relations with a foreign element. Only law enforcement practices can confirm the correctness and timeliness of changes to the Civil Code, and open a new page in the history of private international law.

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

    Science.gov (United States)

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

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

  15. The American South: From Civil Rights Struggle to Civil Rights Tourism

    OpenAIRE

    Dorit Wagner

    2012-01-01

    In recent years the American South has become the platform for an authenticity seeking tourism industry. Former sites of civil rights action have been revived and transformed into tourist attractions. The following paper introduces the notion of so-called civil rights tourism and presents a critical analysis of current sites of civil rights commemoration throughout the American South.

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

    DEFF Research Database (Denmark)

    Petersen, Lars Axel

    2007-01-01

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

  17. Law Enforcement Locations

    Data.gov (United States)

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

  18. Case law

    International Nuclear Information System (INIS)

    The first point concerns the judgement of the federal Administration Court on the standing of third parties regarding attacks at interim storage facilities (2008). In its judgement handed down on 10. april 2008, the german Federal Administrative Court overrules a decision of a Higher Regional Administrative Court and declares that residents in the vicinity of an interim storage facility may challenge the licence for that facility on the grounds that the necessary protection has not been provided against disruptive action or other interference by third parties. The second point concerns the judgement of the European Court of justice of a member State to fulfill obligations under directive 96/29 EURATOM (2007): the united kingdom imposed to intervene only if a situation of radioactive contamination results from a present or past activity for the exercise of which a licence was granted. The national legislation does not oblige the authorities to take measures in circumstances in which radioactive contamination results from a past practice which was not the subject of a such licence. The United Kingdom Government admitted the validity of the Commission claims adding that further legislation to transpose that article (article 53) into national laws is in the process of being drawn up. The third point is relative to judgement of the US court of Appeals on licensing of the L.E.S. uranium enrichment facility (2007), on appeal to the Federal Court of Appeals for the district of Columbia, the joint petitioners objected to the Nuclear regulatory Commission (NRC) issuing to the Louisiana Energy Services, L.P. (L.E.S.) Uranium enrichment Facility in New Mexico on several grounds: the NRC violated the Atomic Energy Act by supplementing the environmental impact statement after hearing closed; the NRC violated the National Environmental Policy Act by insufficiently analysing the environmental impact of depleted uranium waste from the L.E.S. facility; the NRC violated the Atomic

  19. Instituciones de Derecho Civil Colombiano

    Directory of Open Access Journals (Sweden)

    Carlos H Barrera Martínez

    2013-01-01

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

  20. ATLAS Civil Engineering Point 1

    CERN Multimedia

    Jean-Claude Vialis

    1999-01-01

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

  1. Civil Engineering: Improving the Quality of Life.

    Science.gov (United States)

    One Feather, Sandra

    2002-01-01

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

  2. Educating Civil Engineers for Developing Countries

    Science.gov (United States)

    Stanley, D.

    1974-01-01

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

  3. Remaking Public Spaces for Civil Society

    Science.gov (United States)

    Ranson, Stewart

    2012-01-01

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

  4. Civil Society Participation at CONFINTEA VI

    Science.gov (United States)

    Haddad, Sergio

    2012-01-01

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

  5. Native Americans and the Civil War.

    Science.gov (United States)

    Gibson, Arrell Morgan

    1985-01-01

    Details combat and conflicts between Native Americans and settlers before, during, and following the Civil War. Shows how the involvement of tribes in the Civil War and Reconstruction diminished their martial power and made them certain marks for conquest and relegation to reservations. (JHZ)

  6. Searching for extra-terrestrial civilizations

    Science.gov (United States)

    Gindilis, L. M.

    1974-01-01

    The probability of radio interchange with extraterrestrial civilizations is discussed. Difficulties constitute absorption, scattering, and dispersion of signals by the rarified interstellar medium as well as the deciphering of received signals and convergence of semantic concept. A cybernetic approach considers searching for signals that develop from astroengineering activities of extraterrestrial civilizations.

  7. Active Center of Islamic Dialogue Civilizations

    Directory of Open Access Journals (Sweden)

    Ebrahim Moghimi

    2005-01-01

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

  8. 49 CFR 235.9 - Civil penalty.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 235.9 Section 235.9 Transportation... SIGNAL SYSTEM OR RELIEF FROM THE REQUIREMENTS OF PART 236 § 235.9 Civil penalty. Any person (an entity of... violates any requirement of this part or causes the violation of any such requirement is subject to a...

  9. Promoting Civil Discourse in the Classroom

    Science.gov (United States)

    Birnie, Billie F.

    2016-01-01

    Teachers are responsible for what happens in their classrooms, and promoting civil discourse should be among their top priorities. Not only should they model civil speech and behavior, but they also should establish clear boundaries for students, create a climate that nourishes courteous exchange, and help students build vocabularies that enable…

  10. 46 CFR 80.40 - Civil penalty.

    Science.gov (United States)

    2010-10-01

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

  11. 32 CFR 310.47 - Civil remedies.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 2 2010-07-01 2010-07-01 false Civil remedies. 310.47 Section 310.47 National Defense Department of Defense (Continued) OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) PRIVACY PROGRAM DOD PRIVACY PROGRAM Privacy Act Violations § 310.47 Civil remedies. In addition to specific...

  12. 10 CFR 1008.15 - Civil remedies.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Civil remedies. 1008.15 Section 1008.15 Energy DEPARTMENT OF ENERGY (GENERAL PROVISIONS) RECORDS MAINTAINED ON INDIVIDUALS (PRIVACY ACT) Requests for Access or Amendment § 1008.15 Civil remedies. Subsection (g) of the Act provides that an individual may bring...

  13. 42 CFR 493.1846 - Civil action.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 5 2010-10-01 2010-10-01 false Civil action. 493.1846 Section 493.1846 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) STANDARDS AND CERTIFICATION LABORATORY REQUIREMENTS Enforcement Procedures § 493.1846 Civil action. If...

  14. 7 CFR 1709.18 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... benefits and on equal employment opportunity including 7 CFR parts 15 and 15b; and 45 CFR part 90, as... 7 Agriculture 11 2010-01-01 2010-01-01 false Civil rights. 1709.18 Section 1709.18 Agriculture... ASSISTANCE TO HIGH ENERGY COST COMMUNITIES General Requirements § 1709.18 Civil rights. This program will...

  15. 7 CFR 1735.15 - Civil rights.

    Science.gov (United States)

    2010-01-01

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

  16. 42 CFR 59.209 - Civil rights.

    Science.gov (United States)

    2010-10-01

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

  17. 30 CFR 880.16 - Civil rights.

    Science.gov (United States)

    2010-07-01

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

  18. 28 CFR 33.52 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... the Department of Justice Non-Discrimination regulations 28 CFR part 42, subparts C, D, E, and G. ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Civil rights. 33.52 Section 33.52... Block Grants Additional Requirements § 33.52 Civil rights. The Justice Assistance Act provides that...

  19. 50 CFR 82.20 - Civil rights.

    Science.gov (United States)

    2010-10-01

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

  20. 28 CFR 65.52 - Civil rights.

    Science.gov (United States)

    2010-07-01

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

  1. 38 CFR 21.7310 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Civil rights. 21.7310... Bill-Active Duty) Administrative § 21.7310 Civil rights. (a) Delegation of authority concerning Federal... Rights Act of 1964; (2) Title IX, Education Amendments of 1972, as amended; (3) Section...

  2. 7 CFR 3550.3 - Civil rights.

    Science.gov (United States)

    2010-01-01

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

  3. 7 CFR 250.21 - Civil rights.

    Science.gov (United States)

    2010-01-01

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

  4. Beyond deinstitutionalization: a commitment law in evolution.

    Science.gov (United States)

    Durham, M L; Pierce, G L

    1982-03-01

    In 1973 Washington State changed its civil commitment law to more rigorously control the number of involuntary commitments in a move consistent with the national trend toward deinstitutionalization of the mentally ill and the development of community treatment alternatives. In 1979, after six years of working within narrowly drawn criteria for commitment, the state strengthened its civil commitment authority through revisions that included expanding the definition of "gravely disabled", adding destruction of property to the "likelihood of serious harm" clause, making the provisions for revoking conditional releases more stringent, and allowing spouses of mentally ill individuals to testify against them during commitment proceedings. Early figures show that involuntary commitments, while trying to cope with federal cutbacks and diminishing resources.

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

    International Nuclear Information System (INIS)

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

  6. The Discretion That Matters: Federal Immigration Enforcement, State and Local Arrests, and the Civil-Criminal Line

    OpenAIRE

    MOTOMURA, Hiroshi

    2013-01-01

    This Article starts by analyzing the conventional wisdom, crystallized in the Ninth Circuit’s 1983 decision in Gonzales v. City of Peoria, that state and local law enforcement officers do not require express federal authorization to make arrests for criminal violations of federal immigration law. This view, I explain, is based on overreliance on the line between civil and criminal. Even if a state or local arrest for an immigration crime still leaves federal prosecutors with substantial discr...

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

    Science.gov (United States)

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

    2010-06-01

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

  8. The proposed national mental health law in China: a landmark document for the protection of psychiatric patients' civil rights%中国的精神卫生法(草案)是保护患者公民权利的里程碑

    Institute of Scientific and Technical Information of China (English)

    项玉涛; 李凌江; Gabor S.UNGVARI; 赵凤琴

    2012-01-01

    @@ The draft National Mental Health Law of China was released for public consultations on June 10, 2011[1].Following wide-ranging public consultations, the draft was further amended by the Standing Committee of the National People's Congress on October 24, 2011[2,3].Although the penultimate draft has been finalized,there are continuous debates and concerns about its potential negative effects on mental health services in China.

  9. Law, politics and the governance of English and Scottish joint-stock companies 1600-1850

    OpenAIRE

    Freeman, M.; Pearson, R.; Taylor, J

    2013-01-01

    This article examines the impact of law on corporate governance by means of a case study of joint-stock enterprise in England and Scotland before 1850. Based on a dataset of over 450 company constitutions together with qualitative information on governance practice, it finds little evidence to support the hypothesis that common-law regimes such as England were more supportive of economic growth than civil-law jurisdictions such as Scotland: indeed, levels of shareholder protection were slight...

  10. Law on marriage in Vojvodina in the period between two world wars

    OpenAIRE

    Cvejić-Jančić Olga

    2008-01-01

    The conditions for marriage under the prewar law in Vojvodina were numerous and more complex than in our contemporary law. In the prevailing part of Vojvodina in that time there was in effect the Hungarian Family Law Act from 1894 by which civil marriage was introduced and religious differences were abolished as a marriage impediment. Religious form of marriage was still in effect in Srem and in those parts of Vojvodina which were before unification under Austrian jurisdiction (Military Borde...

  11. Innovative Research on Teaching Model of Environmental Law Courses in China

    OpenAIRE

    Yuling Li

    2013-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    薛军

    2007-01-01

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

  13. Tax Law System

    Science.gov (United States)

    Tsindeliani, Imeda A.

    2016-01-01

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

  14. AN UNPRECEDENTED LAW

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    On the eve of the 10th anniversary of Hong Kong’s return to China and the implementation of the Basic Law of the Hong Kong Special Administrative Region, Beijing Review reporter Li Li spoke to Professor Xu Chongde from the Law School of Renmin University of China, a Basic Law drafter, about how the law was created and its spirit.

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

    Directory of Open Access Journals (Sweden)

    MELINDA CENUŞE

    2012-12-01

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

  16. 我国成年监护法律之缺失与完善--以民事审判实践为依据%On the Defects and Reform of China’s Adult Guardianship Law--Case Studies of Civil Case Trial Practice

    Institute of Scientific and Technical Information of China (English)

    林建军

    2014-01-01

    As civil case trials involve important premises based on facts, this paper targets analysis of the current adult guardianship system and its defects as well as practices in trials. The author finds there are problems in China’s adult guardianship system, such as scope of wardship being too narrow, ignoring a ward’s intentions or abilities when selecting a guardian, appointment of undesirable guardians by organizations in which a ward is employed, lack of clarity on various issues, imperfect systems of supervision of guardian, and so on. Based on legislative and judicial practice, the author puts forward suggestions to improve China’s civil adult guardianship system to throw light on the study of legislation related to adult guardianship, such as enlarging the scope of selecting guardians, introducing appointed guardianship selection, canceling appointed guardianship by the organization in which a ward is employed, specifying guardianship issues, strengthening the supervision of guardianship and so on.%我们聚焦成年监护制度,将民事审判实证调查作为重要的事实前提,检审现行法律在审判实践中的适用状况,不难发现,我国在成年人监护制度的设计上,存在被监护人的范围过窄、选任监护人漠视被监护人意思能力、所在单位指定监护人不合理、监护事务不明确、监护监督制度不健全等问题。在此基础上连接立法与司法,提出了修正现行成年监护立法之构想,如扩大被监护人的范围、选任监护人应增设意定监护、取消所在单位指定监护、明确规定监护事务、增设监护监督人等,从而实现完善成年监护立法的研究旨趣。

  17. THE POETIC VECTOR OF CIVILIZATION

    Directory of Open Access Journals (Sweden)

    Mikhail Epstein

    2016-01-01

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

  18. Tropical Climate Dynamics and Civilizations

    Science.gov (United States)

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

    2005-12-01

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

  19. Competencies Framework for Civil Engineer in Thailand

    Directory of Open Access Journals (Sweden)

    Phanudej Kudngaongarm

    2012-02-01

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

  20. Politicization of Senior Civil Servants in Slovenia

    Directory of Open Access Journals (Sweden)

    Lea NAHTIGAL

    2013-06-01

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