WorldWideScience

Sample records for legal cadastral domain

  1. Towards 3D Cadastre in Serbia: Development of Serbian Cadastral Domain Model

    Directory of Open Access Journals (Sweden)

    Aleksandra Radulović

    2017-10-01

    Full Text Available This paper proposes a Serbian cadastral domain model as the country profile for the real estate cadastre, based on the Land Administration Domain Model (LADM, defined within ISO 19152. National laws and other legal acts were analyzed and the incorrect applications of the law are outlined. The national “Strategy of measures and activities for increasing the quality of services in the field of geospatial data and registration of real property rights in the official state records”, which was adopted in 2017, cites the shortcomings of the existing cadastral information system. The proposed profile can solve several problems with the system, such as the lack of interoperability, mismatch of graphic and alphanumeric data, and lack of an integrated cadastral information system. Based on the existing data, the basic concepts of the Serbian cadastre were extracted and the applicability of LADM was tested on an obtained conceptual model. Upon obtaining positive results, a complete country profile was developed according to valid national laws and rulebooks. A table of mappings of LADM classes and country profile classes is presented in this paper, together with an analysis of the conformance level. The proposed Serbian country profile is completely conformant at the medium level and on several high-level classes. LADM also provides support for three-dimensional (3D representations and 3D registration of rights, so the creation of a country profile for Serbia is a starting point toward a 3D cadastre. Given the existence of buildings with overlapping rights and restrictions in 3D, considering expanding the spatial profile with 3D geometries is necessary. Possible solutions to these situations were analyzed. Since the two-dimensional (2D cadastre in Serbia is not fully formed, the proposed solution is to use the 2D model for simple right situations, and the 3D model for more complex situations.

  2. Development Methodology for an Integrated Legal Cadastre

    NARCIS (Netherlands)

    Hespanha, J.P.

    2012-01-01

    This Thesis describes the research process followed in order to achieve a development methodology applicable to the reform of cadastral systems with a legal basis. It was motivated by the author’s participation in one of the first surveying and mapping operations for a digital cadastre in Portugal,

  3. A REVIEW ON LEGAL TRACEABILITY OF GNSS MEASUREMENTS IN THE MALAYSIAN CADASTRAL PRACTICE

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    J. Gill

    2016-09-01

    Full Text Available As the dependency on Global Navigation Satellite System (GNSS in surveying has been growing over the years, the need for legal traceability of GNSS measurements has become a significant matter. In Malaysia, with the advent of the Malaysia Real-time Kinematic Network (MyRTKnet, GNSS surveying has revolutionised land survey and mapping. Correspondingly, the Department of Survey and Mapping Malaysia (DSMM amended and published standard regulations and guidelines concerning cadastral survey, i.e., Cadastral Survey Regulations 2009, to include GNSS measurements. However, these regulations and guidelines has not comprehensively incorporated legal traceability of GNSS measurements; which is a prerequisite for cadastral surveys as it requires reliable and conclusive evidence for issues such as boundary disputes. The first objective of this paper is to review and discuss the legal traceability of GNSS measurements. Secondly, it will highlight the current practice and issues, i.e., with regard to legal traceability, within the present Malaysian cadastral regulation and guidelines, in relation to the prevalently adopted Network RTK (N-RTK technique, GNSS instrument calibrations, and reference stations’ accuracy. Lastly, a rudimentary best practice guideline for GNSS surveying in cadastral survey for Malaysia is proposed. It is expected that this paper will contribute to the implementation of a best practice guideline, which is inclusive of legal traceability of GNSS measurements, for the Malaysian cadastral practice.

  4. Ontological Engineering for the Cadastral Domain

    DEFF Research Database (Denmark)

    Stubkjær, Erik; Stuckenschmidt, Heiner

    2000-01-01

    conceptualization of the world is that much information remains implicit. Ontologies have set out to overcome the problem of implicit and hidden knowledge by making the conceptualization of a domain (e.g. mathematics) explicit. Ontological engineering is thus an approach to achieve a conceptual rigor...... that characterizes established academic disciplines, like geodesy. Many university courses address more application oriented fields, like cadastral law, and spatial planning, and they may benefit from the ontological engineering approach. The paper provides an introduction to the field of ontological engineering...

  5. The correlation of the definitions «maintenance of the state water cadastre» and «cadastral process»

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    Анастасія Геннадіївна Боровицька

    2016-09-01

    Full Text Available Water resources in the system of sustainable development of Ukraine are some of strategic and vital natural resources. However, such resource like water, is dependent to the influence of technical progress, and if contaminated, perhaps can be exhausted. Therefore, in modern conditions of the rapid economic development of our state, there is a need in the formation and implementation of state policy of sustainable water use, which will allow us to solve complex urgent problems (inefficient water use, unreasonable water use strategy, unsatisfactory construction and operation of water management systems, the lack of clear environmental standards and criteria, and others in the shortest possible time. In our opinion the solution of the problems, which were noted above, is impossible without a complete display of dynamic natural environment and monitoring the impact of human activities on the integration of the virtual playback of anthropogenic and natural environment. A lot of scientists continue to study the legal regulation of maintenance of the natural resource cadastres, including water cadastre and the procedural regulation of various aspects of activity of management bodies in the sphere of ecology, including cadastral, in particular, A. P. Getman, V. M. Yermolenko, I. I. Karakash, V. I. Andreitsev, V. V. Nosik, Y. S. Shemshuchenko, Z. V. Yaremak and others. Despite their significant contribution to the development of the problems in this area, there was put out of sight a special study of the state water cadastre and cadastral process that is relevant nowadays. Purpose of the article is the study of the definitions «maintenance of the state water cadastre» and «cadastral process», as well as the determination and justification of the corresponding relationship between the specified definitions. The maintenance of cadastre is a complex notion, which represents not only the safekeeping of electronic and/or paper information carrier within

  6. The expected model of a cadastre in Poland

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    Jolanta Ciak

    2015-03-01

    Full Text Available A cadastre is a based on a cadastral map official register of land, property and other utilities that constitute subjects of taxation as well as the source of information on cadastral objects. As indicated in the reference books, it constitutes an institution of law, which in the social perception is seen as providing legal order in the scope of establishing the range of laws, of the sense of security resulting from the fact of the entering of the subjects of taxation and the possibility to exert one’s rights under the registration proceedings. However, the current shape of the register does not meet social expectations. The suggested reform of the taxation of property in Poland (cadastre meets numerous obstacles such as a formal and legal, political, financial or social barrier.

  7. 3D modelling for multipurpose cadastre

    NARCIS (Netherlands)

    Abduhl Rahman, A.; Van Oosterom, P.J.M.; Hua, T.C.; Sharkawi, K.H.; Duncan, E.E.; Azri, N.; Hassan, M.I.

    2012-01-01

    Three-dimensional (3D) modelling of cadastral objects (such as legal spaces around buildings, around utility networks and other spaces) is one of the important aspects for a multipurpose cadastre (MPC). This paper describes the 3D modelling of the objects for MPC and its usage to the knowledge of 3D

  8. A review of methodologies used in research on cadastral development

    DEFF Research Database (Denmark)

    Silva, Maria Augusta; Stubkjær, Erik

    2002-01-01

    to the acceptance of research methodologies needed for cadastral development, and thereby enhance theory in the cadastral domain. The paper reviews nine publica-tions on cadastre and identifies the methodologies used. The review focuses on the institutional, social political and economic aspects of cadastral......World-wide, much attention has been given to cadastral development. As a consequence of experiences made during the last decades, several authors have stated the need of research in the domain of cadastre and proposed methodologies to be used. The purpose of this paper is to contribute...... development, rather than on the technical aspects. The main conclusion of this paper is that the methodologies used are largely those of the social sciences. That agrees with the notion that cadastre relates as much to people and institutions, as it relates to land, and that cadastral systems are shaped...

  9. Doctoral research on cadastral development

    DEFF Research Database (Denmark)

    Cagdas, Volkan; Stubkjær, Erik

    2009-01-01

    of the countries concerned. The cadastre, however, is the core of both systems as it provides for systematic and official descriptions of land parcels or real property units. The research mentioned often has a development perspective, and in this article we will motivate the introduction of the research domain...... of cadastral development. This research is multi-disciplinary and draws on elements of theories and methodologies from the natural, the social, the behavioral, and the formal sciences. During the last decade or so, doctoral dissertations have come to constitute a substantial part of this research effort...... with a call for a shared terminology and a shared set of concepts which may contribute to further theory building within the cadastral domain. Udgivelsesdato: OCT...

  10. Ladm and Interlis as a Perfect Match for 3d Cadastre

    Science.gov (United States)

    Kalogianni, E.; Dimopoulou, E.; Quak, W.; Van Oosterom, P.

    2017-10-01

    Standardization in land administration domain has been expanded to 3D and even 4D representations, adopting a multipurpose character, in order to become the foundation of a sustainable and smart economic development. At the moment, although the potential benefits of 3D Cadastre is argued to be enormous and there are plenty of standards related to 3D Cadastre while others enhancing the role of 3D Cities, there is no complete solution for 3D Cadastre. That being so, the last years, there has been a rapid increase in the integration, harmonization and implementation support of such standards. In this context, the integration of 3D legal spaces with 3D physical objects is gaining ground, as the (invisible) legal boundaries do not always match with the physical counterparts, leading to obscure situations. LADM, the International Standard for land administration, was proved to be one of the best candidates to unambiguously represent 3D Rights, Restrictions and Responsibilities. On the other side, spatial data models and virtual city models manage 3D urban structures without focusing on legal aspects. Many researchers have explored integrations between those aspects giving promising results. In this direction, apart from international standards, also national standards have been developed to enable the communication between land information systems. One of the most representatives is INTERLIS, a Swiss standard, a precise, standardized Object Relational modelling language on the conceptual level, which allows for automated quality control. Thus, in this paper the focus is given on how INTERLIS and LADM complement each other in the actual implementation of land administration systems. Main challenges among others in the context of this research include: 1. extensible hierarchical and versioned code lists in INTERLIS models, 2. formally define LADM constraints in INTERLIS, 3. discuss 3D geometry types and 4. introduce a holistic LADM/INTERLIS approach for country profiles.

  11. The 3D cadastre prototype and pilot in the Russian Federation

    NARCIS (Netherlands)

    Vandysheva, N.; Sapelnikov, S.; Van Oosterom, P.J.M.; De Vries, M.E.; Spiering, B.; Wouters, R.; Hoogeveen, A.; Penkov, V.

    2012-01-01

    This paper presents the developed prototype and the planned pilot of the on-going project on 3D cadastre modelling in the Russian Federation. The aim of this project is to provide guidance in the development of 3D Cadastral registration and to create favourable legal and institutional conditions for

  12. Steps towards 3D cadastre and ISO 19152 (LADM) in Israel

    NARCIS (Netherlands)

    Felus, Y.; Barzani, S.; Caine, A.; Blumkine, N.; Van Oosterom, P.J.M.

    2014-01-01

    This paper contains the results of the 3D Cadastre and LADM (Land Administration Domain Model) investigations in context of possible future renewal of the Cadastral database at the Survey of Israel. The two topics of 3D Cadastres and LADM are highly related and therefore this paper covers both

  13. Developing and Testing a 3d Cadastral Data Model a Case Study in Australia

    Science.gov (United States)

    Aien, A.; Kalantari, M.; Rajabifard, A.; Williamson, I. P.; Shojaei, D.

    2012-07-01

    Population growth, urbanization and industrialization place more pressure on land use with the need for increased space. To extend the use and functionality of the land, complex infrastructures are being built, both vertically and horizontally, layered and stacked. These three-dimensional (3D) developments affect the interests (Rights, Restrictions, and Responsibilities (RRRs)) attached to the underlying land. A 3D cadastre will assist in managing the effects of 3D development on a particular extent of land. There are many elements that contribute to developing a 3D cadastre, such as existing of 3D property legislations, 3D DBMS, 3D visualization. However, data modelling is one of the most important elements of a successful 3D cadastre. As architectural models of houses and high rise buildings help their users visualize the final product, 3D cadastre data model supports 3D cadastre users to understand the structure or behavior of the system and has a template that guides them to construct and implement the 3D cadastre. Many jurisdictions, organizations and software developers have built their own cadastral data model. Land Administration Domain Model (DIS-ISO 19152, The Netherlands) and ePlan (Intergovernmental Committee on Surveying and Mapping, Australia) are examples of existing data models. The variation between these data models is the result of different attitudes towards cadastres. However, there is a basic common thread among them all. Current cadastral data models use a 2D land-parcel concept and extend it to support 3D requirements. These data models cannot adequately manage and represent the spatial extent of 3D RRRs. Most of the current cadastral data models have been influenced by a very broad understanding of 3D cadastral concepts because better clarity in what needs to be represented and analysed in the cadastre needs to be established. This paper presents the first version of a 3D Cadastral Data Model (3DCDM_Version 1.0). 3DCDM models both the legal

  14. Developing a 3D Road Cadastral System: Comparing Legal Requirements and User Needs

    Science.gov (United States)

    Gristina, S.; Ellul, C.; Scianna, A.

    2016-10-01

    Road transport has always played an important role in a country's growth and, in order to manage road networks and ensure a high standard of road performance (e.g. durability, efficiency and safety), both public and private road inventories have been implemented using databases and Geographical Information Systems. They enable registering and managing significant amounts of different road information, but to date do not focus on 3D road information, data integration and interoperability. In an increasingly complex 3D urban environment, and in the age of smart cities, however, applications including intelligent transport systems, mobility and traffic management, road maintenance and safety require digital data infrastructures to manage road data: thus new inventories based on integrated 3D road models (queryable, updateable and shareable on line) are required. This paper outlines the first step towards the implementation of 3D GIS-based road inventories. Focusing on the case study of the "Road Cadastre" (the Italian road inventory as established by law), it investigates current limitations and required improvements, and also compares the required data structure imposed by cadastral legislation with real road users' needs. The study aims to: a) determine whether 3D GIS would improve road cadastre (for better management of data through the complete life-cycle infrastructure projects); b) define a conceptual model for a 3D road cadastre for Italy (whose general principles may be extended also to other countries).

  15. Initial design of an LADM-based 3D Cadastre - Case study from Korea

    NARCIS (Netherlands)

    Jeong, D.H.; Jang, B.B.; Lee, J.Y.; Hong, S.I.; Van Oosterom, P.J.M.; de Zeeuw, K.; Stoter, J.E.; Lemmen, C.H.J.; Zevenbergen, J.A.

    2012-01-01

    Korea and The Netherlands have started a 3 year cooperation covering joint research, capacity building and international advisory in the domain of cadastre and land administration with a special focus on 3D developments. At the Korean side the Korea Cadastral Survey Corporation and the University of

  16. The Cadastral Template Project

    DEFF Research Database (Denmark)

    Enemark, Stig; Steudler, Daniel; Williamson, Ian P.

    2004-01-01

    . The work of the PCGIAP-Working Group 3 ?Cadastre? is being done in collaboration with Comission 7 ?Cadastre and Land Management? of the International Federation of Surveyors (FIG), which has extensive experience in comparative cadastral studies. This article describes the creation and the content...

  17. The creation of geometrical plan on the boundary of two cadastral areas with a digitized cadastral map.

    Directory of Open Access Journals (Sweden)

    Jiří Bureš

    2005-06-01

    Full Text Available After reconstruction of communication passing through two cadastral areas, geometrical plans were made for the property dividing for each areas independently. The cadastral boundary is a water flow. The digitized cadastral maps of the former cadastre in the Cassini - soldner datum in the scale 1:2880, (the coordinate system St. Stephan, were used. The contact of drafting on the cadastral boundary was not adjusted. The changed boundary and reference points were surveyed in the field in the datum JTSK. The surveyed data were transformed into digitized maps separately for each cadastral area. The unadjusted cadastral boundary, many calculations and also the lack of reference points casued main difficulties. These problems are solved by digitized cadastral maps in datum JTSK with adjusted cadastral boundaries.

  18. Developing 2D and 3D cadastral registration system based on LADM : Illustrated with Malaysian cases

    NARCIS (Netherlands)

    Amalina Zulkifli, N.; Abdul Rahman, A.; Van Oosterom, P.J.M.

    2013-01-01

    This paper investigates several aspects of the Land Administration Domain Model (LADM, ISO 2012) associated to 2D and 3D cadastral situations within Malaysian cadastral registration system. Literature review shows that many countries propose their own profile based on the LADM such as The

  19. Croatian Cadastre Database Modelling

    Directory of Open Access Journals (Sweden)

    Zvonko Biljecki

    2013-04-01

    Full Text Available The Cadastral Data Model has been developed as a part of a larger programme to improve products and production environment of the Croatian Cadastral Service of the State Geodetic Administration (SGA. The goal of the project was to create a cadastral data model conforming to relevant standards and specifications in the field of geoinformation (GI adapted by international organisations for standardisation under the competence of GI (ISO TC211 and OpenGIS and it implementations.The main guidelines during the project have been object-oriented conceptual modelling of the updated users' requests and a "new" cadastral data model designed by SGA - Faculty of Geodesy - Geofoto LLC project team. The UML of the conceptual model is given per all feature categories and is described only at class level. The next step was the UML technical model, which was developed from the UML conceptual model. The technical model integrates different UML schemas in one united schema.XML (eXtensible Markup Language was applied for XML description of UML models, and then the XML schema was transferred into GML (Geography Markup Language application schema. With this procedure we have completely described the behaviour of each cadastral feature and rules for the transfer and storage of cadastral features into the database.

  20. A Cadastral Tale

    DEFF Research Database (Denmark)

    Enemark, Stig

    2006-01-01

    an understanding of how the cadastral concept has developed over time into the broader concept of Land Administration Systems in support of sound Land Management. The objective is to build a general understanding of the concept, purpose and benefits of establishing sustainable land administration systems...... institutions to provide good governance of land related issues. Capacity building for developing adequate standards in these areas is a key challenge to be met at the threshold of the third millennium. Land administration systems therefore need high-level political support and recognition....... hardly be overestimated. A well tailored cadastral system is, in fact, acting as a backbone in society. This paper presents the role of the cadastral system in support of the land administration functions within: land tenure, land value, land-use, and land development. The paper facilitates...

  1. 3D cadastre in the Netherlands : Developments and international applicability

    NARCIS (Netherlands)

    Stoter, J.; Ploeger, H.; Van Oosterom, P.

    This paper presents the design and implementation of the cadastral system extension for registration of 3D rights and restrictions in the Netherlands fitting within the ISO 19152, Land Administration Domain Model (LADM) final draft international standard. The implementation will be conducted in two

  2. The cadastral registration of the property right

    Directory of Open Access Journals (Sweden)

    D.-G. IONAȘ

    2017-12-01

    Full Text Available Real rights are subjective patrimonial rights which provide the holder with the right to directly exercise certain prerogatives over a determined good. Real rights over immobile goods, registered in the cadastral register are called tabular rights. Cadastral registration is that certain form of registration by which a real right over an immobile good is acquired, changed or ended, from the time de registration request is filed. At this time, registration in the cadastral register provides the opposability effect, as the constitutive effect is suspended until the cadastral works are finalized and new cadastral registers are created for each administrative unit.

  3. ASPECTS REGARDING CADASTRE IN ROMANIA

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    Anca Rotman

    2013-07-01

    Full Text Available Cadastre represents a bridge from terminology to practice of the principles of law, rules and provisions found in the Law on cadastre and real estate publicity no.7/1996, as revised by Government Emergency Ordinance no.41/2004, approved by Law no.499/2004. Maybe, cadastral measurements have not represented and do not represent a purpose in itself, but they have established the first steps in the procedures of tax levies, having as main purpose the setting of limits to the land properties.

  4. Cadastral map supersession acording new instructions

    Directory of Open Access Journals (Sweden)

    Alena Berková

    2009-11-01

    Full Text Available Digital form o cadastral map exists on 36 % of cadastral areas of the Czech republic. Contemporary rate of dogitalizationis 2-3 % of total number cadastral areas anually. In Jule 2007 was approved by goverment decree N. 871/2007 document of Czechoffice for surveying, mapping and cadstre, that assesments deadline of cadstral maps digitalization in the year 2015. Financingof digitalization has to solve amendent of act N. 634/2004 Sb. of administrative charges. As interium solution offered COSMC Parcelorientation maps, that are free available on internet from March 2008. There are rastr images of cadastral maps in datum S-JTSKsuccesive complemented with parcel defonition points. One of reason insufficient rate of digitalization was uncertainty of reworkingtechnology of maps. These maps cover about 70 % territory of the Czech republic. From 1.1.2008 stands the new instruction, thatestablishs technology approach for cadastral map supersession. The article descibes curiosity, where was find erreneouslydetermination of property boundry, without solving next relationships.

  5. Newest technology in cadastral activities

    Directory of Open Access Journals (Sweden)

    В. А. Павлова

    2017-06-01

    Full Text Available The article provides comparative analysis of multiple innovative technology in the field of cadaster activities. This analysis covers almost all currently available intellectual developments in this area. Paying tribute to contemporary trends in cadastral areas, the authors note the urgent need to upgrade the cadastral activities in the Russian Federation in relation to the transformation of the national economy. The authors suggest classifying the cadastral activities depending on type and kind of activity carried out with an object of cadaster registry. The article covers the most urgent issues in the area of functionality of existing special software packages in order to improve the labour efficiency of a cadaster engineer. It is concluded that the main purpose of existing software systems for cadastral engineers is creation of documents in electronic format for facilitating the process of interaction with public authorities in the sphere of land property relations. It examines in detail several software packages («TechnoKad-Express», «ARGO», «PKZO», «Poligon», «ProGeo». The article provides comparative analysis of special software systems according to a number of authors’ criteria. Based on the characteristics of programs and their comparative analysis, it is concluded that all the described software systems to greater or lesser degree, meet the needs of the working cadastral engineer. The choice of a specific program depends on the financial possibilities, personal preferences and level of computer-literacy of cadastral engineer, including in the sphere of GIS-technologies.

  6. Developing 2D and 3D cadastral registration system based on LADM: Illustrated with Malaysian cases

    OpenAIRE

    Amalina Zulkifli, N.; Abdul Rahman, A.; Van Oosterom, P.J.M.

    2013-01-01

    This paper investigates several aspects of the Land Administration Domain Model (LADM, ISO 2012) associated to 2D and 3D cadastral situations within Malaysian cadastral registration system. Literature review shows that many countries propose their own profile based on the LADM such as The Netherlands, Portugal, Indonesia, Korea, Japan, Australia/ Queensland, Cyprus and others. Malaysia is one of the potential candidates towards LADMbased country profile, as proposed in this paper. Several asp...

  7. The Danish cadastre of tomorrow

    DEFF Research Database (Denmark)

    Hvingel, Line Træholt; Møller, Lars Emil Vindfeld

    2006-01-01

    The digitalization of the Danish cadastral system has in recent years expanded the usability of the system. The cadastral system has evolved from being a somewhat “closed” register containing information about ownership and restrictions on property to being an “open” platform for multiple purpose...

  8. Working with Open BIM Standards to Source Legal Spaces for a 3D Cadastre

    Directory of Open Access Journals (Sweden)

    Jennifer Oldfield

    2017-11-01

    Full Text Available Much work has already been done on how a 3D Cadastre should best be developed. An inclusive information model, the Land Administration Model (LADM ISO 19152 has been developed to provide an international framework for how this can best be done. This conceptual model does not prescribe the technical data format. One existing source from which data could be obtained is 3D Building Information Models (BIMs, or, more specifically in this context, BIMs in the form of one of buildingSMART’s open standards: the Industry Foundation Classes (IFC. The research followed a standard BIM methodology of first defining the requirements through the use of the Information Delivery Manual (IDM ISO29481 and then translating the process described in the IDM into technical requirements using a Model View Definition (MVD, a practice to coordinate upfront the multidisciplinary stakeholders of a construction project. The proposed process model illustrated how the time it takes to register 3D spatial units in a Land Registry could substantially be reduced compared to the first 3D registration in the Netherlands. The modelling of an MVD or a subset of the IFC data model helped enable the creation and exchange of boundary representations of topological objects capable of being combined into a 3D legal space overview map.

  9. Integration of land administration domain model with CityGML for 3D Cadastre

    NARCIS (Netherlands)

    Rönsdorff, C.; Wilson, D.; Stoter, J.E.

    2014-01-01

    As our urban environments are densifying, it is essential to extend traditional cadastral systems that are based on two dimensional representation of ownership to support 3D. With the need to define property ownership in vertical as well as horizontal dimensions becoming pertinent around the world,

  10. Cadastral Positioning Accuracy Improvement: a Case Study in Malaysia

    Science.gov (United States)

    Hashim, N. M.; Omar, A. H.; Omar, K. M.; Abdullah, N. M.; Yatim, M. H. M.

    2016-09-01

    Cadastral map is a parcel-based information which is specifically designed to define the limitation of boundaries. In Malaysia, the cadastral map is under authority of the Department of Surveying and Mapping Malaysia (DSMM). With the growth of spatial based technology especially Geographical Information System (GIS), DSMM decided to modernize and reform its cadastral legacy datasets by generating an accurate digital based representation of cadastral parcels. These legacy databases usually are derived from paper parcel maps known as certified plan. The cadastral modernization will result in the new cadastral database no longer being based on single and static parcel paper maps, but on a global digital map. Despite the strict process of the cadastral modernization, this reform has raised unexpected queries that remain essential to be addressed. The main focus of this study is to review the issues that have been generated by this transition. The transformed cadastral database should be additionally treated to minimize inherent errors and to fit them to the new satellite based coordinate system with high positional accuracy. This review result will be applied as a foundation for investigation to study the systematic and effectiveness method for Positional Accuracy Improvement (PAI) in cadastral database modernization.

  11. From cadastre to land management

    DEFF Research Database (Denmark)

    Enemark, Stig

    2014-01-01

    This short paper provides an outlook from the publication “Cadastre 2014” as launched at the FIG Congress in Brighton, UK, July 1998. The publication has achieved an incredible impact in terms of advocating the importance of cadastral systems and their structure as a kind of backbone in market...

  12. Evaluation of Spatial Uncertainties In Modeling of Cadastral Systems

    Science.gov (United States)

    Fathi, Morteza; Teymurian, Farideh

    2013-04-01

    Cadastre plays an essential role in sustainable development especially in developing countries like Iran. A well-developed Cadastre results in transparency of estates tax system, transparency of data of estate, reduction of action before the courts and effective management of estates and natural sources and environment. Multipurpose Cadastre through gathering of other related data has a vital role in civil, economic and social programs and projects. Iran is being performed Cadastre for many years but success in this program is subject to correct geometric and descriptive data of estates. Since there are various sources of data with different accuracy and precision in Iran, some difficulties and uncertainties are existed in modeling of geometric part of Cadastre such as inconsistency between data in deeds and Cadastral map which cause some troubles in execution of cadastre and result in losing national and natural source, rights of nation. Now there is no uniform and effective technical method for resolving such conflicts. This article describes various aspects of such conflicts in geometric part of cadastre and suggests a solution through some modeling tools of GIS.

  13. The Private Legal Governance of Domain Names

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2015-01-01

    . the UDRP (WIPO) and the Danish Complaints Board for Internet Domain Names (the Board) to discuss how and to what extent the domain name system balances interests between trademark owners and other users of domain names and secures the rule of law (legal certainty and predictability) with a special focus...

  14. CADASTRAL POSITIONING ACCURACY IMPROVEMENT: A CASE STUDY IN MALAYSIA

    Directory of Open Access Journals (Sweden)

    N. M. Hashim

    2016-09-01

    Full Text Available Cadastral map is a parcel-based information which is specifically designed to define the limitation of boundaries. In Malaysia, the cadastral map is under authority of the Department of Surveying and Mapping Malaysia (DSMM. With the growth of spatial based technology especially Geographical Information System (GIS, DSMM decided to modernize and reform its cadastral legacy datasets by generating an accurate digital based representation of cadastral parcels. These legacy databases usually are derived from paper parcel maps known as certified plan. The cadastral modernization will result in the new cadastral database no longer being based on single and static parcel paper maps, but on a global digital map. Despite the strict process of the cadastral modernization, this reform has raised unexpected queries that remain essential to be addressed. The main focus of this study is to review the issues that have been generated by this transition. The transformed cadastral database should be additionally treated to minimize inherent errors and to fit them to the new satellite based coordinate system with high positional accuracy. This review result will be applied as a foundation for investigation to study the systematic and effectiveness method for Positional Accuracy Improvement (PAI in cadastral database modernization.

  15. Good e-Governance and Cadastral Innovation:

    African Journals Online (AJOL)

    Simon Hull

    Good e-Governance and Cadastral Innovation: In Pursuit of a ... The development and implementation of an e-cadastre, called Project Vulindlela, is underway in. South Africa yet ...... In Proceeding of the 5th FIG Regional Conference. Accra,.

  16. Quantum GIS plugin for Czech cadastral data

    Directory of Open Access Journals (Sweden)

    Anna Kratochvílová

    2012-10-01

    Full Text Available This paper presents new Quantum GIS plugin for Czech cadastral data and its development. QGIS is a rapidly developing cross-platform desktop Geographic Information System (GIS released under the GNU GPL. QGIS is written in C++, and uses the Qt library. The plugin is developed in C++, too. The new plugin can work with Czech cadastral data in the new Czech cadastral exchange data format called VFK (or NVF. Data are accessed through VFK driver of the OGR library. The plugin should facilitate the work with cadastral data by easy search and presenting well arranged information. Information is displayed in the way similar to web applications, thus the control is friendly and familiar for users. The plugin supports interaction with map using QGIS functionality and it is able to export various cadastral reports. This paper provides ideas which can be generalized to develop QGIS plugin dealing with specific data.

  17. Contour Detection for UAV-Based Cadastral Mapping

    Directory of Open Access Journals (Sweden)

    Sophie Crommelinck

    2017-02-01

    Full Text Available Unmanned aerial vehicles (UAVs provide a flexible and low-cost solution for the acquisition of high-resolution data. The potential of high-resolution UAV imagery to create and update cadastral maps is being increasingly investigated. Existing procedures generally involve substantial fieldwork and many manual processes. Arguably, multiple parts of UAV-based cadastral mapping workflows could be automated. Specifically, as many cadastral boundaries coincide with visible boundaries, they could be extracted automatically using image analysis methods. This study investigates the transferability of gPb contour detection, a state-of-the-art computer vision method, to remotely sensed UAV images and UAV-based cadastral mapping. Results show that the approach is transferable to UAV data and automated cadastral mapping: object contours are comprehensively detected at completeness and correctness rates of up to 80%. The detection quality is optimal when the entire scene is covered with one orthoimage, due to the global optimization of gPb contour detection. However, a balance between high completeness and correctness is hard to achieve, so a combination with area-based segmentation and further object knowledge is proposed. The localization quality exhibits the usual dependency on ground resolution. The approach has the potential to accelerate the process of general boundary delineation during the creation and updating of cadastral maps.

  18. DETERMINING SPATIO-TEMPORAL CADASTRAL DATA REQUIREMENT FOR INFRASTRUCTURE OF LADM FOR TURKEY

    Directory of Open Access Journals (Sweden)

    M. Alkan

    2016-06-01

    Full Text Available Nowadays, the nature of land title and cadastral (LTC data in the Turkey is dynamic from a temporal perspective which depends on the LTC operations. Functional requirements with respect to the characteristics are investigated based upon interviews of professionals in public and private sectors. These are; Legal authorities, Land Registry and Cadastre offices, Highway departments, Foundations, Ministries of Budget, Transportation, Justice, Public Works and Settlement, Environment and Forestry, Agriculture and Rural Affairs, Culture and Internal Affairs, State Institute of Statistics (SIS, execution offices, tax offices, real estate offices, private sector, local governments and banks. On the other hand, spatio-temporal LTC data very important component for creating infrastructure of Land Administration Model (LADM. For this reason, spatio-temporal LTC data needs for LADM not only updated but also temporal. The investigations ended up with determine temporal analyses of LTC data, traditional LTC system and tracing temporal analyses in traditional LTC system. In the traditional system, the temporal analyses needed by all these users could not be performed in a rapid and reliable way. The reason for this is that the traditional LTC system is a manual archiving system. The aims and general contents of this paper: (1 define traditional LTC system of Turkey; (2 determining the need for spatio-temporal LTC data and analyses for core domain model for LADM. As a results of temporal and spatio-temporal analysis LTC data needs, new system design is important for the Turkish LADM model. Designing and realizing an efficient and functional Temporal Geographic Information Systems (TGIS is inevitable for the Turkish LADM core infrastructure. Finally this paper outcome is creating infrastructure for design and develop LADM for Turkey.

  19. Determining Spatio-Temporal Cadastral Data Requirement for Infrastructure of Ladm for Turkey

    Science.gov (United States)

    Alkan, M.; Polat, Z. A.

    2016-06-01

    Nowadays, the nature of land title and cadastral (LTC) data in the Turkey is dynamic from a temporal perspective which depends on the LTC operations. Functional requirements with respect to the characteristics are investigated based upon interviews of professionals in public and private sectors. These are; Legal authorities, Land Registry and Cadastre offices, Highway departments, Foundations, Ministries of Budget, Transportation, Justice, Public Works and Settlement, Environment and Forestry, Agriculture and Rural Affairs, Culture and Internal Affairs, State Institute of Statistics (SIS), execution offices, tax offices, real estate offices, private sector, local governments and banks. On the other hand, spatio-temporal LTC data very important component for creating infrastructure of Land Administration Model (LADM). For this reason, spatio-temporal LTC data needs for LADM not only updated but also temporal. The investigations ended up with determine temporal analyses of LTC data, traditional LTC system and tracing temporal analyses in traditional LTC system. In the traditional system, the temporal analyses needed by all these users could not be performed in a rapid and reliable way. The reason for this is that the traditional LTC system is a manual archiving system. The aims and general contents of this paper: (1) define traditional LTC system of Turkey; (2) determining the need for spatio-temporal LTC data and analyses for core domain model for LADM. As a results of temporal and spatio-temporal analysis LTC data needs, new system design is important for the Turkish LADM model. Designing and realizing an efficient and functional Temporal Geographic Information Systems (TGIS) is inevitable for the Turkish LADM core infrastructure. Finally this paper outcome is creating infrastructure for design and develop LADM for Turkey.

  20. Towards Malaysian LADM Country Profile for 2D and 3D Cadastral Registration System

    NARCIS (Netherlands)

    Zulkifli, N.A.; Abdul Rahman, A.; Jamil, H.; Teng, C.H.; Tan, L.C.; Looi, K.S.; Chan, K.L.; Van Oosterom, P.J.M.

    2014-01-01

    This paper proposes a comprehensive Land Administration Domain Model (LADM, ISO 2012) country profile for 2D and 3D cadastral registration system for Malaysia. The proposed Malaysian country profile is partly based on the existing spatial (including survey) and administrative registration systems,

  1. The Graphical Cadastre Problem in Turkey: The Case of Trabzon Province

    Directory of Open Access Journals (Sweden)

    Yakup Emre Çoruhlu

    2008-09-01

    Full Text Available Cadastral projects in Turkey have been accelerated in recent years by the involvement of the private sector. These projects aim at completing the country’s cadastre, along with producing bases in standards that could be a foundation for Land Registry and Cadastre Information System (LRCIS. It is possible to produce cadastral data with today’s technological means. In this context, three dimensional cadastre data can be properly produced, especially in digital cadastre projects with the required point accuracy. Nevertheless this is not enough for LRCIS. The cadastre bases that have been produced so far by different methods with different scales and bases, with or without coordinates, should also be converted into digital form based on National Basic GPS Network of Turkey (NBGN in required point-location accuracy. As the result of evaluation of graphical cadastre bases produced without coordinates, actual land measurements, and information obtained from sheets and field book data together, it was found out that there are significant base problems in the graphical maps. These bases, comprising 20% of Turkey’s cadastre constitutes the most important bottleneck of completing the country’s cadastre. In the scope of this paper, the possibilities of converting the field book measurement values of graphic cadastre bases into digital forms in national coordinate system by comparing them with actual land measurements are investigated, along with Turkey’s Cadastre and its problems.

  2. The Geoinformation Technology and Cadastral Systems

    Directory of Open Access Journals (Sweden)

    Shchepak Vera V.

    2017-05-01

    Full Text Available The article is aimed at studying the distinctive attributes of inventories and to determine the features of use of GIS technologies in the formation of the cadastral information database. The article considers various views on the importance of applying GIS technologies for the maintenance of a wide variety of inventories (land, forestry, water, town-planning, natural areas of resorts, territories and facilities of the Natural Endowment Fund, regional inventories of natural resources, etc.. The developed structural and logical model of the system of formation of the cadastral information database has provided an opportunity to allocated components such as GIS technologies, information database, and inventories. Based on the interdependence and interaction of these components, the main relationships between them have been determined. Prospects for further research are to examine the modalities of functioning of the system of formation of the cadastral information database, as well as to study the main characteristics of the relationships between the components, thus optimizing the process of information provision of the database of cadastral systems.

  3. Progressive development of a digital cadastral data base

    OpenAIRE

    Thompson, R.J.

    2013-01-01

    A Digital Cadastral Data Base (DCDB) is a big investment for a jurisdiction tasked with the administration of land boundaries. In the past, the development of such a database produced no real pay-back on investment until many years, and millions of dollars had been committed. The Land Administration Domain Model (LADM) (ISO-TC211 2012) provides a model of a schema in which a progressive creation and improvement of a DCDB is possible, to allow benefits to be obtained even in the early stages o...

  4. Cadastral valuation of land contaminated with radionuclides

    Science.gov (United States)

    Ratnikov, A. N.; Sapozhnikov, P. M.; Sanzharova, N. I.; Sviridenko, D. G.; Zhigareva, T. L.; Popova, G. I.; Panov, A. V.; Kozlova, I. Yu.

    2016-01-01

    The methodology and procedure for cadastral valuation of land in the areas contaminated with radionuclides are presented. The efficiency of rehabilitation measures applied to decrease crop contamination to the levels satisfying sanitary-hygienic norms is discussed. The differentiation of cadastral value of radioactively contaminated agricultural lands for the particular farms and land plots is suggested. An example of cadastral valuation of agricultural land contaminated during the Chernobyl Nuclear Power Plant accident is given. It is shown that the use of sandy and loamy sandy soddy-podzolic soils with the 137Cs contamination of 37-185 and >185 kBq/m2 for crop growing is unfeasible. The growing of grain crops and potatoes on clay loamy soddy-podzolic soils with the 137Cs contamination of 555-740 kBq/m2 is unprofitable. The maximum cadastral value of radioactively contaminated lands is typical of leached chernozems.

  5. An overview of 3D cadastre from a physical land parcel and a legal property object perspective

    NARCIS (Netherlands)

    Karki, S.; McDougall, K.; Thompson, R.J.

    2010-01-01

    The physical land parcel based model of representing, storing and manipulating cadastral data, which includes two-dimensional geometry as well as the rights, restrictions and responsibilities attached to it, has largely been very successful in dealing with the present needs of land administration.

  6. MarineCadastre.gov

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — MarineCadastre.gov is a marine information system that provides authoritative ocean data, offshore planning tools, and technical support to the offshore renewable...

  7. Legal Challenges Related to the Regulation of a Domain Name System

    Directory of Open Access Journals (Sweden)

    Marius Kalinauskas

    2012-12-01

    Full Text Available Purpose—to review and analyse the problematic aspects related to domain name allocation and further usage processes, highlighting legal regulation of a domain name system.Design/methodology/approach—based on the comparison analysis of scientific literature, authors discuss problematic issues related to the legal regulation of domain name allocation and usage processes, analyse practical approaches and collision cases in the context of a domain name system. The authors examine the positive and negative aspects of a domain naming system and conflicting regulatory specifics. This paper describes the development of institutional bodies responsible for DNS management, supervision approaches and inner functionality policies.Findings—the authors examine domain naming system models and dispute resolution mechanisms, their evolution in the context of Internet development and the structural changes of the Internet governance institutions. The authors analyse tendencies related to DNS regulation and the possible effect of new regulation models in practice, while reflecting interests of stakeholders in the subject field.Research limitations/implications—agreements on the registration of domain names are based on self-regulation principles. A number of different interests may collide when speaking about domain name registration or usage and this issue becomes a major challenge to scientists and lawyers who are seeking an optimal domain-naming regulatory mechanism. The article does not address trademark conflicts within domain names in this respect. This should be considered as an object for separate study, which requires deeper analysis.Practical implications—the authors review key aspects of the domain name system and describe tendencies for the regulatory models.Value—the article emphasizes potential domain naming conflicts and disputes concerning the usage of common terms and phrases in order to manipulate information for illicit purposes. The

  8. Legal Challenges Related to the Regulation of a Domain Name System

    Directory of Open Access Journals (Sweden)

    Marius Kalinauskas

    2013-02-01

    Full Text Available Purpose—to review and analyse the problematic aspects related to domain name allocation and further usage processes, highlighting legal regulation of a domain name system. Design/methodology/approach—based on the comparison analysis of scientific literature, authors discuss problematic issues related to the legal regulation of domain name allocation and usage processes, analyse practical approaches and collision cases in the context of a domain name system. The authors examine the positive and negative aspects of a domain naming system and conflicting regulatory specifics. This paper describes the development of institutional bodies responsible for DNS management, supervision approaches and inner functionality policies. Findings—the authors examine domain naming system models and dispute resolution mechanisms, their evolution in the context of Internet development and the structural changes of the Internet governance institutions. The authors analyse tendencies related to DNS regulation and the possible effect of new regulation models in practice, while reflecting interests of stakeholders in the subject field. Research limitations/implications—agreements on the registration of domain names are based on self-regulation principles. A number of different interests may collide when speaking about domain name registration or usage and this issue becomes a major challenge to scientists and lawyers who are seeking an optimal domain-naming regulatory mechanism. The article does not address trademark conflicts within domain names in this respect. This should be considered as an object for separate study, which requires deeper analysis. Practical implications—the authors review key aspects of the domain name system and describe tendencies for the regulatory models. Value—the article emphasizes potential domain naming conflicts and disputes concerning the usage of common terms and phrases in order to manipulate information for illicit purposes

  9. Indicator scarcity on cadastre and land registration in cross-country information sources

    DEFF Research Database (Denmark)

    Haldrup, Karin; Stubkjær, Erik

    2013-01-01

    by pursuing different, complementary strategies with a differentiated approach to monitoring in mature and emerging systems respectively. Finally, leading monitoring agents of land administration and registration were identified with a discussion of their prospective future role in monitoring....... and landregistration systems combined with upgraded statistics reporting on property data. It was suggested that the domain calls for design and production of composite indices corresponding with the complexity of the domain. It is proposed that monitoring in the area of cadastre and landregistration be advanced...

  10. Development of land cadastral system in Ukraine

    OpenAIRE

    A. Bordyuzha

    2012-01-01

    The article gives reasonable prospects for usage of land cadastre information, it’s place and role in land management. Foreign experience in the land cadastre has been explored and analyzed. It is proposed to improve the information system of land resources to ensure effective environmentally-save land use.

  11. Good e-Governance and Cadastral Innovation: In Pursuit of a ...

    African Journals Online (AJOL)

    We begin with a look at definitions of key terms in the field of cadastral development. Then an understanding of what constitutes an ecadastral system is formed through an exploration of: good governance as related to cadastral development, e-government and e-governance, and a study of global cadastral and land

  12. 3D DIGITAL CADASTRE JOURNEY IN VICTORIA, AUSTRALIA

    Directory of Open Access Journals (Sweden)

    D. Shojaei

    2017-10-01

    Full Text Available Land development processes today have an increasing demand to access three-dimensional (3D spatial information. Complex land development may need to have a 3D model and require some functions which are only possible using 3D data. Accordingly, the Intergovernmental Committee on Surveying and Mapping (ICSM, as a national body in Australia provides leadership, coordination and standards for surveying, mapping and national datasets has developed the Cadastre 2034 strategy in 2014. This strategy has a vision to develop a cadastral system that enables people to readily and confidently identify the location and extent of all rights, restrictions and responsibilities related to land and real property. In 2014, the land authority in the state of Victoria, Australia, namely Land Use Victoria (LUV, has entered the challenging area of designing and implementing a 3D digital cadastre focused on providing more efficient and effective services to the land and property industry. LUV has been following the ICSM 2034 strategy which requires developing various policies, standards, infrastructures, and tools. Over the past three years, LUV has mainly focused on investigating the technical aspect of a 3D digital cadastre. This paper provides an overview of the 3D digital cadastre investigation progress in Victoria and discusses the challenges that the team faced during this journey. It also addresses the future path to develop an integrated 3D digital cadastre in Victoria.

  13. Investigating correlation between legal and physical property: possibilities and constraints

    Science.gov (United States)

    Dimopoulou, E.; Kitsakis, D.; Tsiliakou, E.

    2015-06-01

    Contemporary urban environment is characterized by complexity and mixed use of space, in which overlapping land parcels and different RRRs (Rights, Restrictions and Responsibilities) are frequent phenomena. Internationally, real property legislation either focuses on surface property or has introduced individual 3D real property units. The former approach merely accommodates issues related to subdivision, expropriation and transactions on part of the real property above or below surface, while the latter provides for defining and registering 3D real property units. National laws require two-dimensional real property descriptions and only a limited number of jurisdictions provide for threedimensional data presentation and recording. International awareness on 3D Cadastre may be apparent through the proposals for transition of existing cadastral systems to 3D along with legal amendments improving national 3D Cadastre legislation. Concurrently the use of appropriate data sources and the correct depiction of 3D property units' boundaries and spatial relationships need to be addressed. Spatial relations and constraints amongst real world objects could be modeled geometrically and topologically utilizing numerous modeling tools, e.g. CityGML, BIM and further sophisticated 3D software or by adapting international standards, e.g. LADM. A direct correlation between legal and physical property should be based on consistent geometry between physical and legal space, improving the accuracy that legal spaces' volumes or locations are defined. To address these issues, this paper investigates correlation possibilities and constraints between legal and physical space of typical 3D property cases. These cases comprise buildings or their interior spaces with mixed use, as well as complex structures described by explicit facade patterns, generated by procedural or by BIM ready 3D models. The 3D models presented are evaluated, regarding compliancy to physical or legal reality.

  14. Application of GIS Technology - cadastral base of the municipality of Gostivar

    OpenAIRE

    Serafimoski, Toni

    2011-01-01

    In the thesis is presented modern GIS technology and its application in the field of cadastre. GIS technology is essentially based on the display and information processing related to given geographical coordinates. In the paper is implemented GIS software package Microstation, widely applied in the field of cadastre. The paper developed model using data from the cadastre of the municipality of Gostivar. Applied GIS technology opens up wide possibilities of processing of cadastral data,...

  15. Accuracy assessment of cadastral maps using high resolution aerial photos

    Directory of Open Access Journals (Sweden)

    Alwan Imzahim

    2018-01-01

    Full Text Available A cadastral map is a map that shows the boundaries and ownership of land parcels. Some cadastral maps show additional details, such as survey district names, unique identifying numbers for parcels, certificate of title numbers, positions of existing structures, section or lot numbers and their respective areas, adjoining and adjacent street names, selected boundary dimensions and references to prior maps. In Iraq / Baghdad Governorate, the main problem is that the cadastral maps are georeferenced to a local geodetic datum known as Clark 1880 while the widely used reference system for navigation purpose (GPS and GNSS and uses Word Geodetic System 1984 (WGS84 as a base reference datum. The objective of this paper is to produce a cadastral map with scale 1:500 (metric scale by using aerial photographs 2009 with high ground spatial resolution 10 cm reference WGS84 system. The accuracy assessment for the cadastral maps updating approach to urban large scale cadastral maps (1:500-1:1000 was ± 0.115 meters; which complies with the American Social for Photogrammetry and Remote Sensing Standards (ASPRS.

  16. Effects of Cadastral Boundaries in Agricultural Land on Runoff Generation

    Science.gov (United States)

    Kumar, P.; Tripathi, S.

    2011-12-01

    The Gangetic Plain is among the most fertile and highly cultivated regions of the world. It supports a large agrarian population that is rapidly growing since the Green Revolution of 1960s. With increasing population, the average farm size is decreasing. Consequently, the density of cadastral boundaries, which are used for separating individual farm holdings, is increasing. The cadastral boundaries in the Gangetic Plains are typically 25 to 30 cm high and 30 to 60 cm wide. These boundaries segment the flat topography of the region, creating small artificial water storages, the effect of which on the hydrology of the region is not extensively investigated. The objective of this research is to develop a laboratory scale physical model for understanding the effect of cadastral boundaries and resulting artificial storages on runoff generation. Experiments were performed in a hydrological apparatus equipped for simulating rainfall-runoff processes under control conditions. The experiments were carried out for watersheds with no cadastral boundaries, and with cadastral boundaries of varying dimensions and densities. Changes in the observed runoff were used to develop a mathematical model for explaining and predicting the impact of cadastral boundaries on the hydrology of the Gangetic Plains.

  17. A reach of the principle of entry and the principle of reliability in the real estate cadastre in our court practice

    OpenAIRE

    Cvetić Radenka M.

    2015-01-01

    Through the review of the principle of entry and the principle of reliability in the Real Estate Cadastre and their reach in our court practice, this article indicates the indispensability of compliance with these principles for the sake of legal certainty. A formidable and a complex role of the court when applying law in order to rightfully resolve an individual case has been underlined. Having regard to the accountability of the courts for the efficacy of the legal system, without any inten...

  18. Research of Cadastral Data Modelling and Database Updating Based on Spatio-temporal Process

    Directory of Open Access Journals (Sweden)

    ZHANG Feng

    2016-02-01

    Full Text Available The core of modern cadastre management is to renew the cadastre database and keep its currentness,topology consistency and integrity.This paper analyzed the changes and their linkage of various cadastral objects in the update process.Combined object-oriented modeling technique with spatio-temporal objects' evolution express,the paper proposed a cadastral data updating model based on the spatio-temporal process according to people's thought.Change rules based on the spatio-temporal topological relations of evolution cadastral spatio-temporal objects are drafted and further more cascade updating and history back trace of cadastral features,land use and buildings are realized.This model implemented in cadastral management system-ReGIS.Achieved cascade changes are triggered by the direct driving force or perceived external events.The system records spatio-temporal objects' evolution process to facilitate the reconstruction of history,change tracking,analysis and forecasting future changes.

  19. The possibility of low-budget GNSS equipment using for cadastral work for the Unified State Real Estate Cadastre purposes and transport link

    Science.gov (United States)

    Kosarev, Nikolai; Terentyev, Dmitry; Solnyshkova, Olga; Makarikhina, Inna

    2017-10-01

    The article considers geodetic methods for determining land plots location during cadastral work. The analysis of technological solutions in coordinates determining of the land plots’ characteristic points and their areas was carried out. The accuracy of geodetic methods in the cadastral work implementation was assessed. The priority technology was identified, including the use of low-budget GNSS equipment for this very task. The areas values were obtained and root-mean-squares of boundary marks position calculated by means of chosen technology are presented. The estimation and justification of the selected technology for cadastral work is given.

  20. Implementing Natural Resources Cadastral Plan in Pasargadae District of Iran by Using Quick Bird Images

    Science.gov (United States)

    Azhdari, G. H.; Deilami, K.; Firooznia, E.

    2015-12-01

    Natural Resources are essential for security and sustainable development of each country. Therefore, in order to reach sustainable development, conservation as well as optimum utilization of natural resources, executing of natural resources cadastral plan is necessary and essential. Governments conduct lands management in Iran, so there is a need for comprehensive plan with arranged program for best evaluation. In this research as a pilot, Pasargadae city is opted. Pasargadae region is located in north-east of Shiraz in Fars province with Latitude and longitude of 30° 15 ´ 53 ° N and 53° 13 ´ 29 ° E respectively. In order to generate the cadastral maps, Firstly, images from QuickBird satellite with 50-60 centimeters resolution were georeferenced by utilizing ground control points with accurate GPS coordinates. In addition to satellite images, old paper maps with 1:10000 scale in local coordinate system from agriculture ministry in 1963 were digitized according to 1:25000 scale map from army geographical organization with AutoCad software. Beside, paper maps with 1:50000 scale and Google Earth were used to find the changes during time. All the above maps were added to QuickBird images as new layers by using ArcMap software. These maps also were utilized to determine the different land-uses. Thus, by employing ArcMap software lands divide into 2 groups: firstly, lands with official document, which is owned by either natural or legal persons, and secondly national lands under different uses such as forestry, range management and desertification plans. Consequently, the generation of cadastral maps leads to better difference between private and national lands. In addition, producing cadastral maps prevent the destruction and illegal possession of natural lands by individuals.

  1. Topographic Signs : Important Context for a 3D Cadastre

    NARCIS (Netherlands)

    Vučić, Nikola; van Oosterom, P.J.M.; Markovinović, Danko; Oosterom, Peter van; Dimopoulou, Efi; Fendel, Elfriede M.

    2016-01-01

    Utilities, buildings and infrastructure digital representations are very important set of spatial data for quality and sustainable spatial management and development of community in general. Many countries are on the way of the establishment of the 3D cadastre. Existing 2D cadastral systems are able

  2. The phased 3D cadastre implementation in the Netherlands

    NARCIS (Netherlands)

    Stoter, J.E.; Van Oosterom, P.J.M.; Ploeger, H.D.

    2012-01-01

    After more than a decade of 3D cadastre research in the Netherlands, including detailed analysis of various complex 3D right configurations and development of several prototypes, the Dutch Kadaster is implementing a 3D cadastre solution. Earlier research showed that the registration and publication

  3. Interactive Cadastral Boundary Delineation from Uav Data

    Science.gov (United States)

    Crommelinck, S.; Höfle, B.; Koeva, M. N.; Yang, M. Y.; Vosselman, G.

    2018-05-01

    Unmanned aerial vehicles (UAV) are evolving as an alternative tool to acquire land tenure data. UAVs can capture geospatial data at high quality and resolution in a cost-effective, transparent and flexible manner, from which visible land parcel boundaries, i.e., cadastral boundaries are delineable. This delineation is to no extent automated, even though physical objects automatically retrievable through image analysis methods mark a large portion of cadastral boundaries. This study proposes (i) a methodology that automatically extracts and processes candidate cadastral boundary features from UAV data, and (ii) a procedure for a subsequent interactive delineation. Part (i) consists of two state-of-the-art computer vision methods, namely gPb contour detection and SLIC superpixels, as well as a classification part assigning costs to each outline according to local boundary knowledge. Part (ii) allows a user-guided delineation by calculating least-cost paths along previously extracted and weighted lines. The approach is tested on visible road outlines in two UAV datasets from Germany. Results show that all roads can be delineated comprehensively. Compared to manual delineation, the number of clicks per 100 m is reduced by up to 86 %, while obtaining a similar localization quality. The approach shows promising results to reduce the effort of manual delineation that is currently employed for indirect (cadastral) surveying.

  4. Investigating Semi-Automated Cadastral Boundaries Extraction from Airborne Laser Scanned Data

    Directory of Open Access Journals (Sweden)

    Xianghuan Luo

    2017-09-01

    Full Text Available Many developing countries have witnessed the urgent need of accelerating cadastral surveying processes. Previous studies found that large portions of cadastral boundaries coincide with visible physical objects, namely roads, fences, and building walls. This research explores the application of airborne laser scanning (ALS techniques on cadastral surveys. A semi-automated workflow is developed to extract cadastral boundaries from an ALS point clouds. Firstly, a two-phased workflow was developed that focused on extracting digital representations of physical objects. In the automated extraction phase, after classifying points into semantic components, the outline of planar objects such as building roofs and road surfaces were generated by an α-shape algorithm, whilst the centerlines delineatiation approach was fitted into the lineate object—a fence. Afterwards, the extracted vector lines were edited and refined during the post-refinement phase. Secondly, we quantitatively evaluated the workflow performance by comparing results against an exiting cadastral map as reference. It was found that the workflow achieved promising results: around 80% completeness and 60% correctness on average, although the spatial accuracy is still modest. It is argued that the semi-automated extraction workflow could effectively speed up cadastral surveying, with both human resources and equipment costs being reduced

  5. Intended Use of a Building in Terms of Updating the Cadastral Database and Harmonizing the Data with other Public Records

    Directory of Open Access Journals (Sweden)

    Buśko Małgorzata

    2017-06-01

    Full Text Available According to the original wording of the Regulation on the register of land and buildings of 2001, in the real estate cadastre there was one attribute associated with the use of a building structure - its intended use, which was applicable until the amendment to the Regulation was introduced in 2013. Then, additional attributes were added, i.e. the type of the building according to the Classification of Fixed Assets (KST, the class of the building according to the Polish Classification of Types of Constructions (PKOB and, at the same time, the main functional use and other functions of the building remained in the Regulation as well. The record data on buildings are captured for the real estate cadastre from other data sets, for example those maintained by architectural and construction authorities. At the same time, the data contained in the cadastre, after they have been entered or changed in the database, are transferred to other registers, such as tax records, or land and mortgage court registers. This study is the result of the analysis of the laws applicable to the specific units and registers. A list of discrepancies in the attributes occurring in the different registers was prepared. The practical part of the study paid particular attention to the legal bases and procedures for entering the function of a building in the real estate cadastre, which is extremely significant, as it is the attribute determining the property tax basis.

  6. Intended Use of a Building in Terms of Updating the Cadastral Database and Harmonizing the Data with other Public Records

    Science.gov (United States)

    Buśko, Małgorzata

    2017-06-01

    According to the original wording of the Regulation on the register of land and buildings of 2001, in the real estate cadastre there was one attribute associated with the use of a building structure - its intended use, which was applicable until the amendment to the Regulation was introduced in 2013. Then, additional attributes were added, i.e. the type of the building according to the Classification of Fixed Assets (KST), the class of the building according to the Polish Classification of Types of Constructions (PKOB) and, at the same time, the main functional use and other functions of the building remained in the Regulation as well. The record data on buildings are captured for the real estate cadastre from other data sets, for example those maintained by architectural and construction authorities. At the same time, the data contained in the cadastre, after they have been entered or changed in the database, are transferred to other registers, such as tax records, or land and mortgage court registers. This study is the result of the analysis of the laws applicable to the specific units and registers. A list of discrepancies in the attributes occurring in the different registers was prepared. The practical part of the study paid particular attention to the legal bases and procedures for entering the function of a building in the real estate cadastre, which is extremely significant, as it is the attribute determining the property tax basis.

  7. Systematic analysis of Functionalities for the Israeli 3D Cadastre

    NARCIS (Netherlands)

    Jaljolie, Ruba; van Oosterom, P.J.M.; Dalyot, Sagi; van Oosterom, P.J.M.; Dimopoulou, Efi; Fendel, Elfriede M.

    2016-01-01

    Following public demand to improve the efficiency and transparency of government administrations, together with the existence of mature technologies and modern urban planning necessities, it is now essential to establish more advanced and comprehensive land management (cadastre) systems. Cadastre

  8. Design and development of a 3D cadastral prototype based on the LADM and 3D topology

    NARCIS (Netherlands)

    Ying, S.; Guo, R.; Li, L.; Van Oosterom, P.J.M.; Ledoux, H.; Stoter, J.E.

    2011-01-01

    In this paper the design and development of a prototype 3D Cadastral system will be presented. The key aspects of this system are that the model is based on Land Administration Domain Model (LADM) and that the spatial profile is based on a full 3D topological structure. The prototype development

  9. Enhancing public access to legal information : A proposal for a new official legal information generic top-level domain

    NARCIS (Netherlands)

    Mitee, Leesi Ebenezer

    2017-01-01

    Abstract: This article examines the use of a new legal information generic Top-Level Domain (gTLD) as a viable tool for easy identification of official legal information websites (OLIWs) and enhancing global public access to their resources. This intervention is necessary because of the existence of

  10. Modeling of the positioning system and visual mark-up of historical cadastral maps

    Directory of Open Access Journals (Sweden)

    Tomislav Jakopec

    2013-03-01

    Full Text Available The aim of the paper is to present of the possibilities of positioning and visual markup of historical cadastral maps onto Google maps using open source software. The corpus is stored in the Croatian State Archives in Zagreb, in the Maps Archive for Croatia and Slavonia. It is part of cadastral documentation that consists of cadastral material from the period of first cadastral survey conducted in the Kingdom of Croatia and Slavonia from 1847 to 1877, and which is used extensively according to the data provided by the customer service of the Croatian State Archives. User needs on the one side and the possibilities of innovative implementation of ICT on the other have motivated the development of the system which would use digital copies of original cadastral maps and connect them with systems like Google maps, and thus both protect the original materials and open up new avenues of research related to the use of originals. With this aim in mind, two cadastral map presentation models have been created. Firstly, there is a detailed display of the original, which enables its viewing using dynamic zooming. Secondly, the interactive display is facilitated through blending the cadastral maps with Google maps, which resulted in establishing links between the coordinates of the digital and original plans through transformation. The transparency of the original can be changed, and the user can intensify the visibility of the underlying layer (Google map or the top layer (cadastral map, which enables direct insight into parcel dynamics over a longer time-span. The system also allows for the mark-up of cadastral maps, which can lead to the development of the cumulative index of all terms found on cadastral maps. The paper is an example of the implementation of ICT for providing new services, strengthening cooperation with the interested public and related institutions, familiarizing the public with the archival material, and offering new possibilities for

  11. Creation of a Cell-Based Digital Cadastral Mapping System (Digital ...

    African Journals Online (AJOL)

    Digital cadastre enhances land transaction activities to be conducted in a business manner. Similarly, land subdivision or boundary redefinition, land registration and land marketing are achieved with better accuracy. This paper discusses the need to introduce a national Cell-Based Digital Cadastral Mapping System model ...

  12. Towards Malaysian LADM Country Profile for 2D and 3D Cadastral Registration System

    OpenAIRE

    Zulkifli, N.A.; Abdul Rahman, A.; Jamil, H.; Teng, C.H.; Tan, L.C.; Looi, K.S.; Chan, K.L.; Van Oosterom, P.J.M.

    2014-01-01

    This paper proposes a comprehensive Land Administration Domain Model (LADM, ISO 2012) country profile for 2D and 3D cadastral registration system for Malaysia. The proposed Malaysian country profile is partly based on the existing spatial (including survey) and administrative registration systems, and partly based on new developments inspired by the LADM standard. Within the country profile, an attempt is made to cover all Malaysian land administration related information, which are maintaine...

  13. Does cadastral division of area-based ecosystem services obstruct comprehensive management?

    DEFF Research Database (Denmark)

    Vejre, H.; Vesterager, J. P.; Andersen, P. S.

    2015-01-01

    Management of ecological entities in agricultural landscapes is often challenged by a complex ownership structure governed by a cadastral system dictated by agricultural interests and historical land use practices. The cadastral division is suspected to obstruct the deliverance of ecosystem servi...

  14. Analysis for Producing a Facsimile of the Cadastral Map of Varaždin

    Directory of Open Access Journals (Sweden)

    Mirko Husak

    2012-12-01

    Full Text Available This paper investigates and suggests methods for producing a facsimile of the 1 860 cadastral map of Varaždin. The methods used to produce the map, the coordinate systems, map contents, usage, maintenance and damage are described. Three samples from the map that display the elements of damage noted were researched, and the possibility of replacing damaged sections with undamaged sections using digital methods investigated. The sources available were the original cadastral colour map of Varaždin, along with the line art cadastral map and field cadastral sketches. The original colour and line art maps were scanned using the DeSkan Express scanning system for large formats. A flatbed UMAX Mirage II A3 scanner was used for scanning the field cadastral map. For the research image-processing, Adobe Photoshop CE 7.0 software was used, although it was primarily designed for processing photographs. The colour separation method was rejected from the start, since the map was made by hand. The paper discusses the possibility of copying and inserting missing parts from additional map sources, changing the colour of the paper to white or another colour, removing the map content added in red ink and lead pencil, and so on. The discussion is based on actual examples from the digital image. The conclusion suggests image-processing methods for achieving optimal results in producing a facsimile of the Varaždin cadastral map.Keywords: facsimile; cadastral map; map content; scanning; digital image processing

  15. OVERLAPPING VIRTUAL CADASTRAL DOCUMENTATION

    Directory of Open Access Journals (Sweden)

    Madalina - Cristina Marian

    2013-12-01

    Full Text Available Two cadastrale plans of buildings, can overlap virtual. Overlap is highlighted when digital reception. According to Law no. 7/1996 as amended and supplemented, to solve these problems is by updating the database graphs, the repositioning. This paper addresses the issue of overlapping virtual cadastre in the history of the period 1999-2012.

  16. Historical cartographic materials as a source for international and cadastral boundary management in rivers

    Science.gov (United States)

    Srebro, Haim

    2018-05-01

    International and cadastral boundaries are important for ensuring stable legal territorial matters. This article deals with the long-term location and management of boundaries in rivers and the depiction of the rivers on cartographic materials. A few countries have agreed that the boundary will not follow changes in the river (like in the Mongolia-China Border Treaty), whereas most agree that the boundary will follow slow, natural and gradual changes in the river (like is stated in the Israel-Jordan Peace Treaty). The international boundary under the British Mandate between Palestine and Trans-Jordan in the Jordan and Yarmuk rivers was defined in 1922. The cadastral boundaries were defined in these rivers in the 1930s along the international boundary. For more than 70 years, until the Israel-Jordan 1994 Peace Treaty, the rivers have changed their channels east and westward to distances up to hundreds of meters. During that period the mandatory boundaries in these rivers changed their political status to the armistice lines, the cease-fire lines, and to international boundaries between sovereign states. These lines were usually delineated on topographic maps in the rivers, drawn by cartographers following contemporary map revision. During that entire period the cadastral boundaries were not changed in order to adapt them to the actual position of the rivers and to the delineated international boundaries. Owing to large water works on both rivers, including the construction of dams and diversion channels in order to meet the increasing needs of the population on both sides, the water flow of the rivers decreased dramatically to less than one tenth of the original natural flow. The population today is more than ten times than it used to be under the British Mandate. The changes in the water channels during the last 20 years since the 1994 peace treaty are in the magnitude of 10 meters versus hundreds of meters in the past. In addition, intensive land cultivation

  17. An Application Domain Extension to CityGML for immovable property taxation: A Turkish case study

    Science.gov (United States)

    Çağdaş, Volkan

    2013-04-01

    It is generally acknowledged that immovable property taxes are one of the main revenue sources for local government. The literature emphasizes that the administration of property taxes needs well-developed inventories or registers that provide complete and accurate records of the taxed properties and their legal-economic attributes. This requirement is generally fulfilled by Spatial Data Infrastructures (SDIs) in which the coordinate exchange and sharing of geo-spatial data is provided by separate registers/information systems such as: cadastral systems, building and address registers. Recently, the Open Geospatial Consortium presented a core component of a 3D SDI in the form of an international domain standard for representing, storing and exchanging 3D city models. The CityGML allows the semantic and 3D geometrical representation of physical objects but does not deal with the legal and administrative aspects of the city objects which are required for the process of property taxation. This paper outlines the development of an Application Domain Extension (ADE) for the immovable property taxation domain that expands the CityGML data model with the legal and administrative concepts defined in Turkish Law. The study shows that this ADE could be a 3D national data model for municipal information systems and facilitate a more efficient taxation process, as well as providing data for urban planning, facility management and other municipal services.

  18. Visualizing the Quality of Vectur Features - a Proposal for Cadastral Maps

    Science.gov (United States)

    Navratil, G.; Leopoldseder, V.

    2017-09-01

    A well-known problem of geographical information is the communication of the quality level. It can be either done verbally / numerically or it can be done graphically. The graphical form is especially useful if the quality has a spatial variation because the spatial distribution is visualized as well. The problem of spatial variation of quality is an issue for cadastral maps. Non-experts cannot determine the quality at a specific location. Therefore a visual representation was tested for the Austrian cadastre. A map sheet was redesigned to give some indication of cadastral quality and presented to both experts and non-experts. The paper presents the result of the interviews.

  19. Importance of the Marine Cadastre in the Development of the Real Estate Industry in Latvia

    OpenAIRE

    Stāmure, I; Kaminskis, J; Kowalczyk, K

    2017-01-01

    In Latvia, the issues of the Real Estate Cadastre are arranged; however, it should be noted that part of the issues affecting the Baltic Sea, i.e., the issues of the Marine Cadastre, are not covered by the Real Estate Cadastre. The status of the Baltic coastline is an essential element of infrastructure for all countries around the Baltic Sea. This baseline serves as the key element or reference for the Marine Cadastre. In place-to-place, this line is the dynamic element as it is possible ...

  20. Correction of Cadastral Error: Either the Right or Obligation of the Person Concerned?

    Directory of Open Access Journals (Sweden)

    Magdenko A. Y.

    2014-07-01

    Full Text Available The article is devoted to the institute of cadastral error. Some questions and problems of cadastral error corrections are considered. The material is based on current legislation and judicial practice.

  1. LAND SURVEY AND CADASTRAL MEASUREMENT MADE FOR AN PLOT PLAN COMPLEX

    Directory of Open Access Journals (Sweden)

    Madalina Marian

    2012-12-01

    Full Text Available According to Law no. 7/1996 of Cadastre and Real Estate Publicity, plan plot is a strip ground graphical representation containing strip ground limits and details of all the buildings that define stable land and cadastral division strip ground is technical administrative unit defined by fixed details, identifiable field that does not change over time, such as roads, water, dams, etc. This paper presents how to make a plot plan strip ground covering a 4 forest Ups (production unit and 108UAs (limits of forestry, land use is forest, pasture and village road. High surface is located extraurban limits Arefu in Arges County and has 28185443mp, that’ s equivalent to 2818,54ha. Forest cadastre specific limits are drawn in the work arrangement of forests and are represented by plot limit and the subparcels limit. This paper aims to presenting the main components of a modern surveying device used in our country, to carry out surveying works for forest cadastre. To use GPS technology (Global Position System in combination with the total station.

  2. Drones in cadastral applications: possible uses

    Directory of Open Access Journals (Sweden)

    Flavio C. Ferrante

    2016-06-01

    Full Text Available The considerable diffusion of technologies that use drones as the carriers that make it possible to bring photogrammetric sensors to heights for the acquisition of territorial information is arousing interest in a production sector, that of geotopographic information, which like other sectors, needs to find new stimulus in order to renew itself. The paper here proposed does not seek to analyse technical innovations of the sector, innovations allowed by new and increasingly efficient aircraft, by new sensors, by increasingly high performance software and more or less restrictive limitations imposed by the norms, all activities and regulations in rapid and, in some respects, tumultuous innovation and subject to other and more specific detail. The authors instead wish to propose a reflection on the actual possibilities, in the not too distant future, of the transposition of these technologies within the sphere of cadastral activities, so as to allow the economies and positive findings on photogrammetric measurement within the procedures of conservation of the Italian Cadastre. This work was drawn up within the framework of the activities of the CAT-APR Project, a scientific collaboration between the Revenue Agency and the Dipartimento Interateneo di Scienze, Progetto e Politiche del Territorio - Inter-university Department of Sciences, Project and Land Policies - (DIST of the Polytechnic and the University of Turin, which has as its object the testing of surveying methodologies based on the use of remotely piloted aerial vehicles designed for possible use in the cadastral field.

  3. The axiom about the market (cadastral cost of the reproducible factors of a single propert

    Directory of Open Access Journals (Sweden)

    A. D. Vlasov

    2017-01-01

    Full Text Available The purpose of the study. To prove the methodological error of the calculation of the market (cadastral value of capital construction objects, as a result of a violation of the Federal law of the Russian Federation of 29.07.1998 No. 135-FZ “On valuation activities in the Russian Federation”, article 3, in determining the market value of the property. To show that the theory and practice of measuring the value of real estate is necessary to delimit the elements of the market value formation of reproducible and not reproducible factors single property. Materials and methods. The objectives of the article are: the rules of law in assessment activities; the results of the cadastral valuation of real estate in settlements of Russia; comparative analysis of the factors determining the market (cadastral value of real estate. Results. Formulated the axiom about the market (cadastral cost of the reproducible factors of a single property. It is shown that in the theory and practice of measurement in market (cadastral value of real estate of Russia violated article 3 of the law 135-FZ of 29.07.1998. As a consequence, the market (cadastral cost of the capital construction objects 2-5 times overestimated, and the market (cadastral value of land in the 2-15 times underestimated. This is the basis of corruption, challenging the results of cadastral assessment of problems of formation of budgets of all levels, reduction in the rate of economic development of Russia. According to our results of the cadastral assessment of land plots of various categories of land in the regions of Russia there is a technology of determining the economic norms of rational use of real estate. Conclusion. Regardless of technology assessment of the property market value of reproducible improvements of the land may not exceed their replacement cost. 

  4. The cadastre of waste heat in the Upper Rhine Valley

    International Nuclear Information System (INIS)

    Bartholomaei, G.; Kinzelbach, W.

    1980-04-01

    The cadastre of waste heat provides the distribution in space and time of anthropogeneous waste heat emissions on a 2 x 2 km 2 grid. In the case of the Upper Rhine Valley it serves as a basis for the numerical evaluations of climatic changes caused by man. Such a cadastre also allows to analyse the distribution of pollutant emissions and the heat or energy supply, respectively, of the region. In a close approximation the distribution of waste heat is equal to the distribution of energy consumption. As there are generally difficulties in obtaining data about the consumption of the types of energy on the grid level, methods were developed which allow to determine the local energy consumption by using the relevant structural data. The methods used for the Federal Republic of Germany and neighbouring countries and the results for the Upper Rhine Valley, obtained by these methods, are presented. The cadastre of waste heat is based on data of the year 1973 which was a time of great energy consumption. Only in 1978 this energy consumption was exceeded. To be able to estimate the change in the influence of the anthropogeneous waste heat during the next 20 years, the cadastre was extrapolated until the year 2000. (orig.) [de

  5. Cadastral Systems Re-engineering in Urban Zimbabwe

    African Journals Online (AJOL)

    2015-11-16

    Nov 16, 2015 ... 1Geomatics Department, Tshwane University of Technology, Pretoria, South Africa, ... cadastral information system of all municipalities in Zimbabwe with .... various levels of government, private, non-governmental sector and.

  6. Cadastral Database Positional Accuracy Improvement

    Science.gov (United States)

    Hashim, N. M.; Omar, A. H.; Ramli, S. N. M.; Omar, K. M.; Din, N.

    2017-10-01

    Positional Accuracy Improvement (PAI) is the refining process of the geometry feature in a geospatial dataset to improve its actual position. This actual position relates to the absolute position in specific coordinate system and the relation to the neighborhood features. With the growth of spatial based technology especially Geographical Information System (GIS) and Global Navigation Satellite System (GNSS), the PAI campaign is inevitable especially to the legacy cadastral database. Integration of legacy dataset and higher accuracy dataset like GNSS observation is a potential solution for improving the legacy dataset. However, by merely integrating both datasets will lead to a distortion of the relative geometry. The improved dataset should be further treated to minimize inherent errors and fitting to the new accurate dataset. The main focus of this study is to describe a method of angular based Least Square Adjustment (LSA) for PAI process of legacy dataset. The existing high accuracy dataset known as National Digital Cadastral Database (NDCDB) is then used as bench mark to validate the results. It was found that the propose technique is highly possible for positional accuracy improvement of legacy spatial datasets.

  7. Embedding 3D into multipurpose cadastre

    NARCIS (Netherlands)

    Rahman, A.A.; Hua, T.C.; Van Oosterom, P.J.M.

    2011-01-01

    There is no doubt that the cadastral map provides a useful entrance to information in a land parcel based information system. However, such information system could be made more meaningful and useful if it can be extended for multiple usages with multi data layers, and in three-dimensions (3D).

  8. Joint ownership of spouses and good faith acquisition of immovables by relying in the real estate cadastre

    Directory of Open Access Journals (Sweden)

    Cvetić Radenka M.

    2016-01-01

    Full Text Available The paper examines the rules on transferring of immovables in the matrimonial ownership regime against the backdrop of general notion of joint ownership and joint ownership (property of spouses. It explores whether the party who invokes the principle of reliance in the real estate cadastre shall be protected in the absence of an explicit rule guaranteeing the protection of a good faith acquirer in case of an unauthoriesd transfer done by one of the spouses. In other words, should for the sake of protection of confidence in legal transactions, acquisition of ownership and other rights in rem exceptionally be allowed by the good faith acquirer, provided that general presumptions under which confidence in accuracy and completeness of public registry of rights on immovables are fulfilled, in case where ownership was not inscribed as a joint ownership. The answer has been given in the absence of general rules on joint ownership, taking into account existing rules in the neighbouring countries, principle of reliance in the real estate cadastre and with due regard to the stance taken by the highest judicial body in the Republic of Serbia. The conclusion is that a spouse who is not inscribed in the public registry should not benefit from the protection against the good faith acquirer.

  9. Semantic Legal Policies for Data Exchange and Protection across Super-Peer Domains in the Cloud

    Directory of Open Access Journals (Sweden)

    Kua-Ping Cheng

    2012-10-01

    Full Text Available In semantic policy infrastructure, a Trusted Legal Domain (TLD, designated as a Super-Peer Domain (SPD, is a legal cage model used to circumscribe the legal virtual boundary of data disclosure and usage in the cloud. Semantic legal policies in compliance with the law are enforced at the super-peer within an SPD to enable Law-as-a-Service (LaaS for cloud service providers. In addition, cloud users could query fragmented but protected outsourcing cloud data from a law-aware super-peer, where each query is also compliant with the law. Semantic legal policies are logic-based formal policies, which are shown to be a combination of OWL-DL ontologies and stratified Datalog rules with negation, i.e., so-called non-monotonic cq-programs, for policy representation and enforcement. An agent at the super-peer is a unique law-aware guardian that provides protected data integration services for its peers within an SPD. Furthermore, agents at the super-peers specify how law-compliant legal policies are unified with each other to provide protected data exchange services across SPDs in the semantic data cloud.

  10. A reach of the principle of entry and the principle of reliability in the real estate cadastre in our court practice

    Directory of Open Access Journals (Sweden)

    Cvetić Radenka M.

    2015-01-01

    Full Text Available Through the review of the principle of entry and the principle of reliability in the Real Estate Cadastre and their reach in our court practice, this article indicates the indispensability of compliance with these principles for the sake of legal certainty. A formidable and a complex role of the court when applying law in order to rightfully resolve an individual case has been underlined. Having regard to the accountability of the courts for the efficacy of the legal system, without any intention to disavow the court practice, some deficiencies have been pointed out, with the aim to help. An abstract manner of legal norms necessarily requires a creative role of courts in cases which cannot be easily qualified. For that reason certain deviations ought to be made followed by reasoning which unambiguously leads to the conclusion that only a specific decision which the court rendered is possible and just.

  11. Integration of digital orthophotographs in geographic information systems and application to the cadastral revision of rural real estate

    Science.gov (United States)

    Santamaria Pena, Jacinto

    In the current processes of rural cadastral revision, the geometric and radiometric quality of the digital orthophotographs play an increasingly relevant role. The on-screen digitalisation of the geographic entities is conditioned by many factors (resolution of the orthophoto, precision in the georreferenciation, radiometric density, viewing zoom,...), which ultimately result in certain imprecision. The combination of these factors produces errors not only in the correct location of the rural plots, but also, and very importantly, in the value of their cadastral surface. The cadastral surface of the rural estate is derived from the on-screen digitalisation of the perimeter, and its comparison with the rural surface obtained in topographical works shows some surface errors of even 10%. On the other hand, there are many cities that only have paper cartographies largely inconsistent in terms of the surface registered in the Cadastral Database and the surface registered in the Cadastral Map. Thus, the four main variables studied are: the cadastral surface obtained in the on-screen digitalisation of Digital Ortofotographs, the surface obtained in the digitalisation on the paper cadastral map, the surface registered in the Cadastral Database and the rural surface obtained in topographical works. The comparison of all these variables shows some surface errors and, this doctoral thesis studies precisely the best parameters to define the cadastral surface errors in rural real estate. Apart from the traditional relative surface error [ESR], another parameter called Index of Boundary Uncertainty [IBU] is proposed. This parameter distributes the absolute surface error in the area where this error occurs, that is to say, in the perimeter, being a parameter more independent of the size of the plots. The correlation between both parameters is very high, particularly for error values lower than 5%. Nevertheless, it is always necessary to take into account the conditions under

  12. Tax duties and entry into the cadastre of real estates: Commentary following the decision of the Constitutional Court of Serbia

    Directory of Open Access Journals (Sweden)

    Cvetić Radenka

    2013-01-01

    Full Text Available This article describes what happened to the rule according to which it was not possible to register property and related rights into the registry on real estates without a prior fulfillment of tax duties related to the transfer of property rights, as well as tax duties in relation to inheritance and donations. Inadequacy of this rule and its incompatibility with our legal system has been assessed through its inconsistency with the Constitutional guarantee on the peaceful enjoyment of property, but also with the property law. Along the same lines the article follows the reasons given by the Constitutional Court in its decision on the inconsistency of the given rule with the Constitution in which the Constitutional Court opined that the rule that was struck down was also contrary to certain principles of the cadastre on real estates, such as the principle of the entry into cadastre. Regardless of the fact that the old rule significantly facilitated tax collection, this still cannot justify its existence and should not serve as the ground for a possible (third re-introduction of this rule into the system.

  13. Equity of cadastral valuation and simplified methods

    Directory of Open Access Journals (Sweden)

    Gianni Guerrieri

    2014-12-01

    Full Text Available Real estate taxation has been intensely debated lately. The main issue concerns the formation of taxable values based on the current cadastral incomes. More specifically, the point is made against the iniquity that the current surveyed values generate in the fiscal system, thus the necessity of overcoming it. It is known that the iniquity depends on the failed revision of valuation fees (related to the two-year period 1988-1989 and on the classification (sometimes still related to the urban cadastral as well as on the modalities used to calculate the taxable basis through the multipliers (the IMU ones, particularly. These are the expression of a conventional (and certainly distorting rate of return procedure which have become tools for the income variation. During the last twenty years, the Government and the Parliament have found the solution to the problem of iniquity in the revision of the current cadastral incomes. Nevertheless, they never managed to start a veritable reform process. In fact, during these years, they have just managed to introduce temporary measures as for instance paragraph 335 e 336 of article 1 of Law 311 of December 30th for the revision of the classification of some territorial backgrounds or of some real estate units, thus managing to control the most evident iniquities. Some other norms were approved in order to conduct remote surveys to identify properties which were never listed in the cadastre office. More than once, other possible suitable solutions have been discussed which could have been, with a fast implementation and low use of resources, a first step towards the recovery of an equity of real estate taxation. Unfortunately, these came out to be temporary measures all the same. Last in order and worth of mention is the Ministry of Economic and Finance document by the Finance and Economy Department (hereinafter MEF named “Ipotesi di revisione del prelievo sugli immobili” (Revision of real estate taxation

  14. Cadastral Systems Re-engineering in Urban Zimbabwe ...

    African Journals Online (AJOL)

    The land administration system is supposed to consist of value adding processes in which several actors interact in a workflow which creates new or transfers parcels. This workflow is associated with transaction costs, part of which can be employed for maintenance of the cadastral information system. This article presents ...

  15. Integration of Models of Building Interiors with Cadastral Data

    Science.gov (United States)

    Gotlib, Dariusz; Karabin, Marcin

    2017-12-01

    Demands for applications which use models of building interiors is growing and highly diversified. Those models are applied at the stage of designing and construction of a building, in applications which support real estate management, in navigation and marketing systems and, finally, in crisis management and security systems. They are created on the basis of different data: architectural and construction plans, both, in the analogue form, as well as CAD files, BIM data files, by means of laser scanning (TLS) and conventional surveys. In this context the issue of searching solutions which would integrate the existing models and lead to elimination of data redundancy is becoming more important. The authors analysed the possible input- of cadastral data (legal extent of premises) at the stage of the creation and updating different models of building's interiors. The paper focuses on one issue - the way of describing the geometry of premises basing on the most popular source data, i.e. architectural and construction plans. However, the described rules may be considered as universal and also may be applied in practice concerned may be used during the process of creation and updating indoor models based on BIM dataset or laser scanning clouds

  16. Cadastral PLSS Standardized Data - PLSSIntersected (Clifton) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  17. Cadastral PLSS Standardized Data - PLSSIntersected (Clovis) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  18. Cadastral PLSS Standardized Data - PLSSIntersected (Aztec) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  19. Cadastral PLSS Standardized Data - PLSSIntersected (Albuquerque) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  20. Cadastral PLSS Standardized Data - PLSSIntersected (Shiprock) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  1. Cadastral PLSS Standardized Data - PLSSIntersected (Tularosa) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  2. Cadastral PLSS Standardized Data - PLSSIntersected (Hobbs) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  3. Cadastral PLSS Standardized Data - PLSSIntersected (Gallup) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  4. Cadastral PLSS Standardized Data - PLSSIntersected (Raton) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  5. Taxonomic formula of geoecological hazard for the cadastral districts of Moscow city

    Directory of Open Access Journals (Sweden)

    Karfidova E.A.

    2018-01-01

    Full Text Available the article proposes a method for calculating the taxonomic formula for the geoecological hazard of the cadastral district. The engineering-geological zoning map uses for calculating the balance of the territory by the hazard index – the basis of the taxonomic formula. The taxonomic formula as an open data set makes it possible to characterize the geoecological hazards of the territory of a district. The geoenvironmental hazard map of cadastral districts is necessary for regional model of spatial planning at the municipal level.

  6. Land use developmental trends in cadastral area Žabčice

    Directory of Open Access Journals (Sweden)

    Petra Fukalová

    2010-01-01

    Full Text Available This article is focused on the land use development in the cadastral area Žabčice since the mid of the 20th century. Žabčice lies in South Moravia at a distance of less than 25 km south from Brno and its land area is 817 ha. This selected cadastre is part of University Agricultural Enterprise (UAE Žabčice area and has been chosen because of the relevance for the MUAF in Brno. Dominant activity in this cadastral area is agriculture. The land use was evaluated from 1950’s to the present time.According to availability of suitable map underlays three basic time profiles (1953, 1990 and 2007 were chosen. For evaluation of land use development following materials were used: archival aerial photographs, ortophotos, basic and cadastral maps, archival documents. Field survey of selected area was also necessary. Thirteen land use categories have been identified as an outcome of interpretation of maps. These categories were compared by methods of comparative measurement of areas. The area of particular land use categories in landscape with regard to land area of whole model area in hectares and further their percentage representation were found out. Data processing and all analyses were done in GIS environment (software ArcGIS 9.1.In 2007 (compared with 1953 forest area had increased by about 1 %, orchards by 2 %, vineyards by 12 % and the increase of built-up and other areas by 8 % was also evident. The area of following categories decreased: arable land by 21 %, TTP by 2 %, garden by 1 %. The most significant trend in the cadastral Žabčice is decrease of arable land area recorded during the whole period. Other trends are following: the increase of vineyard areas, smaller increase of the orchard area and increase of built-up and other areas. In the context of political and socio-economic factors, non-forest vegetation was ne­ga­ti­ve­ly marked. These changes correspond with changes in Czech Republic in the same time

  7. Progressive development of a digital cadastral data base

    NARCIS (Netherlands)

    Thompson, R.J.

    2013-01-01

    A Digital Cadastral Data Base (DCDB) is a big investment for a jurisdiction tasked with the administration of land boundaries. In the past, the development of such a database produced no real pay-back on investment until many years, and millions of dollars had been committed. The Land Administration

  8. Geospatial Web Services in Real Estate Information System

    Science.gov (United States)

    Radulovic, Aleksandra; Sladic, Dubravka; Govedarica, Miro; Popovic, Dragana; Radovic, Jovana

    2017-12-01

    Since the data of cadastral records are of great importance for the economic development of the country, they must be well structured and organized. Records of real estate on the territory of Serbia met many problems in previous years. To prevent problems and to achieve efficient access, sharing and exchange of cadastral data on the principles of interoperability, domain model for real estate is created according to current standards in the field of spatial data. The resulting profile of the domain model for the Serbian real estate cadastre is based on the current legislation and on Land Administration Domain Model (LADM) which is specified in the ISO19152 standard. Above such organized data, and for their effective exchange, it is necessary to develop a model of services that must be provided by the institutions interested in the exchange of cadastral data. This is achieved by introducing a service-oriented architecture in the information system of real estate cadastre and with that ensures efficiency of the system. It is necessary to develop user services for download, review and use of the real estate data through the web. These services should be provided to all users who need access to cadastral data (natural and legal persons as well as state institutions) through e-government. It is also necessary to provide search, view and download of cadastral spatial data by specifying geospatial services. Considering that real estate contains geometric data for parcels and buildings it is necessary to establish set of geospatial services that would provide information and maps for the analysis of spatial data, and for forming a raster data. Besides the theme Cadastral parcels, INSPIRE directive specifies several themes that involve data on buildings and land use, for which data can be provided from real estate cadastre. In this paper, model of geospatial services in Serbia is defined. A case study of using these services to estimate which household is at risk of

  9. Integration of Models of Building Interiors with Cadastral Data

    Directory of Open Access Journals (Sweden)

    Gotlib Dariusz

    2017-12-01

    Full Text Available Demands for applications which use models of building interiors is growing and highly diversified. Those models are applied at the stage of designing and construction of a building, in applications which support real estate management, in navigation and marketing systems and, finally, in crisis management and security systems. They are created on the basis of different data: architectural and construction plans, both, in the analogue form, as well as CAD files, BIM data files, by means of laser scanning (TLS and conventional surveys. In this context the issue of searching solutions which would integrate the existing models and lead to elimination of data redundancy is becoming more important. The authors analysed the possible input- of cadastral data (legal extent of premises at the stage of the creation and updating different models of building’s interiors. The paper focuses on one issue - the way of describing the geometry of premises basing on the most popular source data, i.e. architectural and construction plans. However, the described rules may be considered as universal and also may be applied in practice concerned may be used during the process of creation and updating indoor models based on BIM dataset or laser scanning clouds

  10. Cadastral PLSS Standardized Data - PLSSFirstDivision, SE - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  11. Cadastral PLSS Standardized Data - PLSSSpecialSurvey, SW - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  12. Cadastral PLSS Standardized Data - PLSSIntersected (El Paso) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  13. Cadastral PLSS Standardized Data - PLSSSecond Division (Shiprock) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  14. Cadastral PLSS Standardized Data - PLSSSecond Division (Brownfield) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  15. Cadastral PLSS Standardized Data - PLSSSecond Division (Raton) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  16. Cadastral PLSS Standardized Data - PLSSSecond Division (Clovis) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  17. Cadastral PLSS Standardized Data - PLSSSecond Division (Douglas) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  18. Cadastral PLSS Standardized Data - PLSSSecond Division (Roswell) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  19. Cadastral PLSS Standardized Data - PLSSSecond Division (Tucumcari) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  20. Cadastral PLSS Standardized Data - PLSSSecond Division (Aztec) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  1. Cadastral PLSS Standardized Data - PLSSSecond Division (Gallup) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  2. Cadastral PLSS Standardized Data - PLSSSecond Division (Carlsbad) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  3. Cadastral PLSS Standardized Data - PLSSSecond Division (Clifton) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  4. Cadastral PLSS Standardized Data - PLSSSecond Division (Socorro) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  5. Cadastral PLSS Standardized Data - PLSSSecond Division (Tularosa) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  6. Cadastral PLSS Standardized Data - PLSSSecond Division (Hobbs) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  7. Cadastral PLSS Standardized Data - PLSSSecond Division (Albuquerque) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  8. Cadastral PLSS Standardized Data - PLSSSecond Division (Dalhart) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  9. Cadastral PLSS Standardized Data - PLSSPoints (Las Cruces) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  10. Cadastral PLSS Standardized Data - PLSSIntersected (Ft Sumner) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  11. Cadastral PLSS Standardized Data - PLSSIntersected (Santa Fe) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  12. Cadastral PLSS Standardized Data - PLSSIntersected (Silver City) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  13. Cadastral PLSS Standardized Data - PLSSIntersected (St Johns) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  14. Cadastral PLSS Standardized Data - PLSSIntersected (Las Cruces) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  15. Cadastral PLSS Standardized Data - PLSSQuarterReference, SE - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  16. Examining the Challenges of Cadastral Surveying Practice in Zambia

    African Journals Online (AJOL)

    lodging and examination of survey records, cadastral survey standards and regulations. ... African land systems referred to as the 'Evolutionary Theory of Land Rights' (ETLR). The main ... emerge and, once established, to evolve towards individualisation and ..... livelihoods 'What contributions can we make?', DFID, London.

  17. Application of Multipurpose Cadastre to Evaluate Energy Security of Land Parcel (Case Study: Gedung A and Gedung B, Institut Teknologi Sumatra)

    Science.gov (United States)

    Alif, S. M.; Nugroho, A. P.; Leksono, B. E.

    2018-03-01

    Energy security has one of its dimensions: Short-term energy security which focuses on the ability of the energy system to react promptly to sudden changes within the supply-demand balance. Non-energy components (such as land parcel) that comprise an energy system are analysed comprehensively with other component to measure energy security related to energy supply. Multipurpose cadastre which is an integrated land information system containing legal, physical, and cultural is used to evaluate energy (electrical energy) security of land parcel. The fundamental component of multipurpose cadastre used to evaluate energy security is attribute data which is the value of land parcel facilities. Other fundamental components (geographic control data, base map data, cadastral data) are used as position information and provide weight in room (part of land parcel) valuation. High value-room means the room is comfortable and/or used productively by its occupant. The method of valuation is by comparing one facility to other facilities. Facilities included in room valuation are relatively static items (such as chair, desk, and cabinet) except lamps and other electronic devices. The room value and number of electronic devices which consume electrical energy are correlated with each other. Consumption of electrical energy of electronic devices in the room with average value remains constant while consumption in other room needs to be evaluated to save the energy. The result of this research shows that room value correlate weakly with number of electronic device in corresponding room. It shows excess energy consumed in low-value room. Although numbers of electronic devices do not always mean the consumption of electrical energy and there are plenty electronic devices, it is recommended for occupant to be careful in utilizing electronic devices in low-value room to minimize energy consumption.

  18. Historical cadastral maps of Budapest: a key to understand the urban hidrology and geology of the city

    Science.gov (United States)

    Timár, G.; Mádl-Szőnyi, J.; Biszak, S.; Hídvégi, V.; Gábris, Gy.; Pulay, E.; Mindszenty, A.; Medzihradszky, Zs.; Izsák, É.; Rácz, T.

    2009-04-01

    The cadastral surveys of Budapest started in 1785 with the core of Pest and its surroundings, the eastern part of the twin cities. Other parts (the later discticts) of the city have been surveyed and high-scale maps of them issued in the first part of the 19th century. Systematic surveys were made and cadastral sheet series were compiled in 1871 and 1872, separately in Buda and Pest (the city parts in the western and eastern bank of the Danube). The scale of these sheets were 1:720. The city has been unified in 1873 and shortly after it a unified cadastral series has been issued in 1878, which was the very first map in Hungary in metric system. Overview cadastral maps in scale of 1:5000 have been issued later in 1895, 1908 and 1937, respectively. The early cadastral maps show the near natural watercourse network of Budapest in striking details. The old creeks were later filled and replaced by the artificial city drainage. Natural pools and contemporary lakes were mapped in the plains of Pest and the old water sources were displayed in detail in the Buda Hills. These datasets to be presented in the poster, are important basic data for the urban geologist. Moreover, in some cases, they provide explanations to hydrological „events" occurring in association with the new underground constructions in Budapest.

  19. 105 Developing a Cadastral Information System for Part of Fadaman ...

    African Journals Online (AJOL)

    Arc. Usman A. Jalam

    1Department of Surveying & Geoinformatics, Faculty of Environmental Technology,. Federal University of ... management in Fadaman-Mada area of. Bauchi metropolis, against rapid socio- economic development. The study specifically examined the cadastral information ... Development of applications for managing the ...

  20. Taxation indices of forest stand as the basis for cadastral valuation of forestlands

    International Nuclear Information System (INIS)

    Kovyazin, V; Belyaev, V; Romanchikov, A; Pasko, O

    2014-01-01

    Cadastral valuation of forestlands is one of the problems of the modern economy. Valuation procedures depend either on the profitability of timbering or forest areas are not differentiated according to value. The authors propose the procedure based on taxation indices of strata. The most important factors influencing the valuation are determined. The dependence that allows establishing the relative cost of a certain forest area is defined. Knowing the cadastral value of a model area, it is possible to determine the values of all other sites. The evaluation results correlate with the Faustman procedure with slight difference in the absolute value

  1. Taxation indices of forest stand as the basis for cadastral valuation of forestlands

    Science.gov (United States)

    Kovyazin, V.; Belyaev, V.; Pasko, O.; Romanchikov, A.

    2014-08-01

    Cadastral valuation of forestlands is one of the problems of the modern economy. Valuation procedures depend either on the profitability of timbering or forest areas are not differentiated according to value. The authors propose the procedure based on taxation indices of strata. The most important factors influencing the valuation are determined. The dependence that allows establishing the relative cost of a certain forest area is defined. Knowing the cadastral value of a model area, it is possible to determine the values of all other sites. The evaluation results correlate with the Faustman procedure with slight difference in the absolute value.

  2. Cadastral PLSS Standardized Data - PLSSSecond Division (Las Cruces) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  3. Cadastral PLSS Standardized Data - PLSSSecond Division (El Paso) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  4. Cadastral PLSS Standardized Data - PLSSSecond Division (St Johns) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  5. Cadastral PLSS Standardized Data - PLSSSecond Division (Santa Fe) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  6. Cadastral PLSS Standardized Data - PLSSSecond Division (Silver City) - Version 1.1

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...

  7. 105 Developing a Cadastral Information System for Part of Fadaman ...

    African Journals Online (AJOL)

    Arc. Usman A. Jalam

    Cadastral Information System (CIS) has been made more effective for the monitoring, evaluation and management of ... from air and water pollution, environmental degradation .... method to prepare the land use land cover map. ... research was ended by developing a decision support system created to supply information ...

  8. 5th Regional Study on Cadastre and Spatial Data Infrastructure

    Directory of Open Access Journals (Sweden)

    Ivica Skender

    2012-12-01

    Full Text Available In the aftermath of the 5th Regional Conference on Cadastre and Spatial Data Infrastructure (Banja Luka and Laktaši, Bosnia and Herzegovina, June 6–8, 2012, the Republic Authority for Geodetic and Property Affairs of the Republic of Srpska and the Federal Administration for Geodetic and Real Property Affairs published the 5th Regional Study on Cadastre and Spatial Data Infrastructure. The study was produced in the frame of the Project INSPIRATION – Spatial Data Infrastructure in the Western Balkans, which is being realized for the benefit and with cooperation of representatives of eight geodetic administrations in the region (Albania, Bosnia and Herzegovina, Montenegro, Croatia, Kosovo, Macedonia, Serbia by consortium led by German company GFA of Hamburg, in cooperation with GDi GISDATA of Zagreb, experts from the Austrian Environmental Agency and German company con terra GmbH and financed from the European Union IPA funding programme for 2010.

  9. Cadastral Resurvey using High Resolution Satellite Ortho Image - challenges: A case study in Odisha, India

    Science.gov (United States)

    Parida, P. K.; Sanabada, M. K.; Tripathi, S.

    2014-11-01

    Advancements in satellite sensor technology enabling capturing of geometrically accurate images of earth's surface coupled with DGPS/ETS and GIS technology holds the capability of large scale mapping of land resources at cadastral level. High Resolution Satellite Images depict field bunds distinctly. Thus plot parcels are to be delineated from cloud free ortho-images and obscured/difficult areas are to be surveyed using DGPS and ETS. The vector datasets thus derived through RS/DGPS/ETS survey are to be integrated in GIS environment to generate the base cadastral vector datasets for further settlement/title confirmation activities. The objective of this paper is to illustrate the efficacy of a hybrid methodology employed in Pitambarpur Sasana village under Digapahandi Tahasil of Ganjam district, as a pilot project, particularly in Odisha scenario where the land parcel size is very small. One of the significant observations of the study is matching of Cadastral map area i.e. 315.454 Acres, the image map area i.e. 314.887 Acres and RoR area i.e. 313.815 Acre. It was revealed that 79 % of plots derived by high-tech survey method show acceptable level of accuracy despite the fact that the mode of area measurement by ground and automated method has significant variability. The variations are more in case of Government lands, Temple/Trust lands, Common Property Resources and plots near to river/nalas etc. The study indicates that the adopted technology can be extended to other districts and cadastral resurvey and updating work can be done for larger areas of the country using this methodology.

  10. Gregoriano cadastre (1818-35) from old maps to a GIS of historical landscape data

    Science.gov (United States)

    Frazzica, V.; Galletti, F.; Orciani, M.; Colosi, L.; Cartaro, A.

    2009-04-01

    Our analysis covered specifically an area located along the "internal Marche ridge" of the Apennines, in the province of Ancona (Marche Region, Italy). The cartographical working-out for our historical analysis has been conduct drawing up maps originating from the nineteenth century Gregoriano Cadastre (Catasto Gregoriano) maps preserved in the State Archive of Rome, which have been reproduced in digital format, georeferenced and vectorialized. With the creation of a database, it has been possible to add to the maps the information gathered from the property registers concerning crop production and socioeconomic variables, in order to set up a Geographical Information System (G.I.S.). The combination of the database with the digitalized maps has allowed to create an univocal relation between each parcel and the related historical data, obtaining an information system which integrally and completely evidences the original cadastre data as a final result. It was also possible to create a three-dimensional model of the historical landscapes which permits to visualize the cultural diversification of that historical period. The integration in Territorial Information System (S.I.T.) of historical information from Gregoriano Cadastre, of socio-economic analyses concerning business changes and in parallel the study of the transformations of territorial framework, showed to be a very important instrument for the area planning, allowing to identify specific planning approaches not only for urban settlement but also for restoration of variety and complexity of agricultural landscape. The work opens further research in various directions, identifying some pilot areas which test new managerial models, foreseeing simulation of management impacts both on business profitability and landscape configuration. The future development of the project is also the upgrade and evolution of the database, followed by the acquisition of data related to the following historical periods. It

  11. Initial Inventory of 3D Cadastre Use Cases in the Caribbean

    NARCIS (Netherlands)

    Every, Freddy; Griffith-Charles, Charisse; Holder, Riëncy; Molendijk, Mathilde; van Oosterom, P.J.M.; Alcántar, Rolando Ocampo; Croes, Jocelyne Marie Marguerite; Lemmen, Christiaan; Ploeger, H.D.; Sutherland, Michael; Halme, Pekka

    2017-01-01

    As argued in many earlier FIG publications, the potential benefits of 3D Cadastre are huge. This is especially true in the Caribbean setting with quite dense urban areas and large and important marine areas, where rights (restrictions and responsibilities; RRRs) in 3D is a prerequisite for the blue

  12. Identifying the relevant features of the National Digital Cadastral Database (NDCDB) for spatial analysis by using the Delphi Technique

    Science.gov (United States)

    Halim, N. Z. A.; Sulaiman, S. A.; Talib, K.; Ng, E. G.

    2018-02-01

    This paper explains the process carried out in identifying the relevant features of the National Digital Cadastral Database (NDCDB) for spatial analysis. The research was initially a part of a larger research exercise to identify the significance of NDCDB from the legal, technical, role and land-based analysis perspectives. The research methodology of applying the Delphi technique is substantially discussed in this paper. A heterogeneous panel of 14 experts was created to determine the importance of NDCDB from the technical relevance standpoint. Three statements describing the relevant features of NDCDB for spatial analysis were established after three rounds of consensus building. It highlighted the NDCDB’s characteristics such as its spatial accuracy, functions, and criteria as a facilitating tool for spatial analysis. By recognising the relevant features of NDCDB for spatial analysis in this study, practical application of NDCDB for various analysis and purpose can be widely implemented.

  13. LKIF Core: principled ontology development for the legal domain

    NARCIS (Netherlands)

    Hoekstra, R.; Breuker, J.; Di Bello, M.; Boer, A.; Breuker, J.; Casanovas, P.; Klein, M.C.A.; Francesconi, E.

    2009-01-01

    In this paper we describe a legal core ontology that is part of the Legal Knowledge Interchange Format: a knowledge representation formalism that enables the translation of legal knowledge bases written in different representation formats and formalisms. A legal (core) ontology can play an important

  14. CADASTRAL AUDIT AND ASSESSMENTS USING UNMANNED AERIAL SYSTEMS

    Directory of Open Access Journals (Sweden)

    K. Cunningham

    2012-09-01

    Full Text Available Ground surveys and remote sensing are integral to establishing fair and equitable property valuations necessary for real property taxation. The International Association of Assessing Officers (IAAO has embraced aerial and street-view imaging as part of its standards related to property tax assessments and audits. New technologies, including unmanned aerial systems (UAS paired with imaging sensors, will become more common as local governments work to ensure their cadastre and tax rolls are both accurate and complete. Trends in mapping technology have seen an evolution in platforms from large, expensive manned aircraft to very small, inexpensive UAS. Traditional methods of photogrammetry have also given way to new equipment and sensors: digital cameras, infrared imagers, light detection and ranging (LiDAR laser scanners, and now synthetic aperture radar (SAR. At the University of Alaska Fairbanks (UAF, we work extensively with unmanned aerial systems equipped with each of these newer sensors. UAF has significant experience flying unmanned systems in the US National Airspace, having begun in 1969 with scientific rockets and expanded to unmanned aircraft in 2003. Ongoing field experience allows UAF to partner effectively with outside organizations to test and develop leading-edge research in UAS and remote sensing. This presentation will discuss our research related to various sensors and payloads for mapping. We will also share our experience with UAS and optical systems for creating some of the first cadastral surveys in rural Alaska.

  15. Cadastre of air polluters for city of Skopje

    International Nuclear Information System (INIS)

    Trajkovska, Magdalena

    1997-01-01

    In this paper a review of the condition with harmful articles emission in the air from industrial, energetic and communal emitters on the area of city Skopje is presented. The results of researches taken in the period 1994-1996, as a second phase of the project: 'Cadastre of air polluters and map of air pollution of Republic of Macedonia' are given. The level of data processing represents a base for prognosis of expected air pollution of city of Skopje, with what a possibility of air quality control will be provided. (author)

  16. Development of a 3D Underground Cadastral System with Indoor Mapping for As-Built BIM: The Case Study of Gangnam Subway Station in Korea

    Directory of Open Access Journals (Sweden)

    Sangmin Kim

    2015-12-01

    Full Text Available The cadastral system provides land ownership information by registering and representing land boundaries on a map. The current cadastral system in Korea, however, focuses mainly on the management of 2D land-surface boundaries. It is not yet possible to provide efficient or reliable land administration, as this 2D system cannot support or manage land information on 3D properties (including architectures and civil infrastructures for both above-ground and underground facilities. A geometrical model of the 3D parcel, therefore, is required for registration of 3D properties. This paper, considering the role of the cadastral system, proposes a framework for a 3D underground cadastral system that can register various types of 3D underground properties using indoor mapping for as-built Building Information Modeling (BIM. The implementation consists of four phases: (1 geometric modeling of a real underground infrastructure using terrestrial laser scanning data; (2 implementation of as-built BIM based on geometric modeling results; (3 accuracy assessment for created as-built BIM using reference points acquired by total station; and (4 creation of three types of 3D underground cadastral map to represent underground properties. The experimental results, based on indoor mapping for as-built BIM, show that the proposed framework for a 3D underground cadastral system is able to register the rights, responsibilities, and restrictions corresponding to the 3D underground properties. In this way, clearly identifying the underground physical situation enables more reliable and effective decision-making in all aspects of the national land administration system.

  17. TRANSFER OF TECHNOLOGY FOR CADASTRAL MAPPING IN TAJIKISTAN USING HIGH RESOLUTION SATELLITE DATA

    Directory of Open Access Journals (Sweden)

    R. Kaczynski

    2012-07-01

    Full Text Available European Commission funded project entitled: "Support to the mapping and certification capacity of the Agency of Land Management, Geodesy and Cartography" in Tajikistan was run by FINNMAP FM-International and Human Dynamics from Nov. 2006 to June 2011. The Agency of Land Management, Geodesy and Cartography is the state agency responsible for development, implementation, monitoring and evaluation of state policies on land tenure and land management, including the on-going land reform and registration of land use rights. The specific objective was to support and strengthen the professional capacity of the "Fazo" Institute in the field of satellite geodesy, digital photogrammetry, advanced digital satellite image processing of high resolution satellite data and digital cartography. Lectures and on-the-job trainings for the personnel of "Fazo" and Agency in satellite geodesy, digital photogrammetry, cartography and the use of high resolution satellite data for cadastral mapping have been organized. Standards and Quality control system for all data and products have been elaborated and implemented in the production line. Technical expertise and trainings in geodesy, photogrammetry and satellite image processing to the World Bank project "Land Registration and Cadastre System for Sustainable Agriculture" has also been completed in Tajikistan. The new map projection was chosen and the new unclassified geodetic network has been established for all of the country in which all agricultural parcel boundaries are being mapped. IKONOS, QuickBird and WorldView1 panchromatic data have been used for orthophoto generation. Average accuracy of space triangulation of non-standard (long up to 90km satellite images of QuickBird Pan and IKONOS Pan on ICPs: RMSEx = 0.5m and RMSEy = 0.5m have been achieved. Accuracy of digital orthophoto map is RMSExy = 1.0m. More then two and half thousands of digital orthophoto map sheets in the scale of 1:5000 with pixel size 0.5m

  18. Strategic Actions for Increasing the Submission of Digital Cadastral Data by the Surveying Industry Based on Lessons Learned from Victoria, Australia

    Directory of Open Access Journals (Sweden)

    Hamed Olfat

    2018-02-01

    Full Text Available ePlan, as a digital cadastral data initiative, is a collaborative program between the land authorities and the surveying industry which aims to replace paper and PDF cadastral plans and surveys with digital data. ePlan is currently operational in Australia, New Zealand and Singapore. ePlan was introduced in the State of Victoria in 2011 and has been operational in this jurisdiction for 2D plans since 2013. On average, one ePlan application is currently submitted to a digital plan lodgment portal every two weeks. The low uptake of ePlan is caused by several technical and non-technical challenges. This paper provides an overview of cadastral information transitioning from paper to digital in Victoria. The research methodology to identify the challenges in Victoria for the adoption of ePlan is then described. This is followed by a discussion on the identified challenges. The paper then proposes a generic framework of strategic actions to increase the uptake of digital cadastral data based on the lessons learned from Victoria. The initiatives suggested by this framework to address the ePlan challenges in Victoria and increase its uptake are also introduced. The paper concludes with a direction for future research.

  19. Cartographic depiction of religious buildings and cemeteries on cadastral maps created during the first cadastral survey of Bosnia and Herzegovina

    Directory of Open Access Journals (Sweden)

    Nedim Tuno

    2015-01-01

    Full Text Available This paper deals with cartographic depictions of religious facilities and cemeteries in Bosnia and Herzegovina on cadastral maps created during the Austro-Hungarian administration. It shows how cartographic depictions of these plans changed over time, based on collections of topographic symbols published in the late 19th and the early 20th century. Relevant cartographic sources depicting religious buildings were identified and collected through analysis of genuine archival documents, i.e. relevant cartographical sources of different scales and types. The research of the materials resulted in a scientific description of the most important aspects of religious facilities belonging to different religious communities in Bosnia and Herzegovina.

  20. Cartographic depiction of religious buildings and cemeteries on cadastral maps created during the first cadastral survey of Bosnia and Herzegovina

    Directory of Open Access Journals (Sweden)

    Nedim Tuno

    2015-12-01

    Full Text Available This paper deals with cartographic depictions of religious facilities and cemeteries in Bosnia and Herzegovina on cadastral maps created during the Austro-Hungarian administration. It shows how cartographic depictions of these plans changed over time, based on collections of topographic symbols published in the late 19th and the early 20th century. Relevant cartographic sources depicting religious buildings were identified and collected through analysis of genuine archival documents, i.e. relevant cartographical sources of different scales and types. The research of the materials resulted in a scientific description of the most important aspects of religious facilities belonging to different religious communities in Bosnia and Herzegovina.

  1. Evaluation of efficiency, effectiveness and social equity of the property tax in the municipality of Sogamoso, based on the last cadastral update

    Directory of Open Access Journals (Sweden)

    Juan Sebastián Izaquita-Orduz

    2013-12-01

    equity of the tax collection process on property in the city of Sogamoso, based on the last cadastral update. Basically, it was established the amount caused by this tax before the last cadastral update and was compared with the actual amount in the same period, as well as the resources used to achieve the collection of each fiscal year. The result of this comparison broadly determined that the level of effectiveness is satisfactory in terms of money but it was not in terms of number of properties, and that the efficiency of the collection process was greatly encouraging. In terms of meters built since last cadastral update, it was established its evolution between each cadastral update. In addition, it was analyzed the social equity component which involves the collection of property tax, and which was an important element in determining the degree of efficiency and effectiveness that was intended to establish. Besides showing the evolution of the collection, this project presents results that will be decisive in action and budget execution plans for the current tax administration in general and for property tax in particular.

  2. First 3D Cadastral Registration of Multi-level Ownerships Rights in the Netherlands

    NARCIS (Netherlands)

    Ploeger, H.D.; Stoter, J.E.; Roes, R; Van der Riet, E.; Biljecki, F.; Ledoux, H.

    2016-01-01

    This paper reports on the first 3D cadastral registration of multi-level ownerships rights in the Netherlands, which was accomplished in March 2016. It is the result of a study that was undertaken from 2013 to 2015 to determine how insight about multi-level ownership can be provided in 3D by the

  3. Modelovanje georeferenciranih podataka u katastru nepokretnosti primenom ISO 19100 serije standarda / Spatial data modeling in the real estate cadastre using ISO 19100 series of standards

    Directory of Open Access Journals (Sweden)

    Mirko N. Petrović

    2010-01-01

    Full Text Available Potreba za standardizacijom u oblasti geografskih informacionih sistema odavno postoji. Međunarodne aktivnosti na ovom polju rezultirale su uspostavljanjem ISO 19100 serije standarda, kojima se regulišu različiti aspekti na polju geoinformatike. U članku su opisane mogućnosti primene relevantnih standarda iz serije ISO 19100 u modelovanju georeferenciranih podataka za katastar nepokretnosti. / Introduction Standardization in geo-information technologies contributes to the establishment of efficient information functions, their greater stability and easier transition. Application of international, national and internal standards in the process of developing software products in the field of geo-information technology creates conditions for the development of efficient, low cost, reliable and secure software products. Spatial data modeling basics for real estate cadastre In terms of modeling, the spatial information of real estate cadastre is based on the vector data model which is suitable for modeling objects with a smaller number of properties with emphasis on the position. The vector spatial data model consists of two components: spatial and descriptive. The basis of the spatial one is geometry that contains metric data usually given in coordinates of a reference system. Geometry and Topology uniquely determine the shape, size and position of the object model in space, i.e. they represent its spatial component. Merging the spatial component with the descriptive one results in a completely defined object from the real world. Elements of spatial data quality Spatial data quality can be reviewed through a set of the following elements: origin, positional accuracy, attribute accuracy, completeness, logical consistency, semantic accuracy and the time information. The elements of spatial data quality listed above are provided using ISO 19100 series of standards. Application of ISO19100 series of standards in spatial data modeling for real

  4. RPAS ACCURACY TESTING FOR USING IT IN THE CADASTRE OF REAL ESTATES OF THE CZECH REPUBLIC

    Directory of Open Access Journals (Sweden)

    E. Housarová

    2016-06-01

    Full Text Available In the last few years, interest in the collection of data using remotely piloted aircraft systems (RPAS has sharply risen. RPAS technology has a very wide area of use; one of its main advantages is its accuracy, timeliness of data, frequency of collecting data and low operating costs. RPAS can be used for the mapping of small, dangerous and inaccessible areas in contrast with ordinary aerial photogrammetry. In the cadastre of real estates of the Czech Republic, it is possible to map out areas by using aerial photogrammetry, so it has been done in the past. However, this is a relatively expensive and complex technology, and therefore we are looking for new alternatives. An alternative would be to use RPAS technology for data acquisition. The testing of the possibility of using RPAS for the cadastre of real estates of the Czech Republic is the subject of this paper. When evaluating results we compared point coordinates measured by geodetic method, GNSS technology and RPAS technology.

  5. Legal Aspects of the Web.

    Science.gov (United States)

    Borrull, Alexandre Lopez; Oppenheim, Charles

    2004-01-01

    Presents a literature review that covers the following topics related to legal aspects of the Web: copyright; domain names and trademarks; linking, framing, caching, and spamdexing; patents; pornography and censorship on the Internet; defamation; liability; conflict of laws and jurisdiction; legal deposit; and spam, i.e., unsolicited mails.…

  6. Analysis of the Ethical, Legal and Economic Domains of Corporate Social Responsibility: A Business Case

    Directory of Open Access Journals (Sweden)

    Diana Carolina Peláez Villada

    2013-12-01

    Full Text Available The tendency of organizations is to achieve positioning and legitimacy through strategies of corporate social responsibility (CSR. This article focuses on the analysis of CSR practices and it seeks, through a business case, to define a method to examine the benefits of its application in society and in organizations. From the proposal of Schwartz (2011 on the domains of corporate social responsibility, where the ethical, economic, and legal dimensions of philanthropic organizations converge, financial reports and social balances of a company, were studied, where we identified, financial, ethical, and tax variables which allowed us to establish the orientation and balance between social responsibility practices and corporate image.

  7. Landscape of Dolní Kounice from the perspective of the authors of the Franciscan (“Stabile”) Cadastre

    Czech Academy of Sciences Publication Activity Database

    Dvořák, Petr

    2010-01-01

    Roč. 11, č. 2 (2010), s. 3-17 ISSN 0300-5402 Institutional research plan: CEZ:AV0Z30860518 Keywords : landscape * Franciscan Cadastre * land use changes Subject RIV: DE - Earth Magnetism, Geodesy, Geography http://web.natur.cuni.cz/ksgrrsek/acta/2010/AUC_2010_45_Dvorak_Landscape_of_Dolni.pdf

  8. CADASTRAL CLASSIFICATION OF THE LAND PLOTS IN UKRAINE

    Directory of Open Access Journals (Sweden)

    KIRICHEK Yu. O.

    2016-04-01

    Full Text Available Summary. Work concerns development of national system of classification of the land plots. The developed classification will allow to solve correctly a number of the corresponding cadastral, land management, estimated and other tasks. The analysis of classifications of lands, improvements and real estate in general is made. The created offers concerning creation of a new classification of the land plots in Ukraine. Today the Ukrainian real estate market has no single system that separates the system property groups, classes and types. This significantly complicates the work and can not fully be aware of the specific situation of real estate market. This task is designed to solve classification properties, it is used to transition from a diversity of individual properties to a limited number of classes of evaluation objects. The classification is different functional purpose (use facilities assessment, which determines the difference in value.

  9. THE USE OF 3D CITY MODELS FORM OBLIQUE IMAGES ON LAND ADMINISTRATION

    OpenAIRE

    S. Bakici; B. Erkek; E. Ayyildiz; L. Özmüş

    2017-01-01

    The article 718 of the civil law saying “The ownership on property includes the air above and terrain layers below to an extent providing benefit. The structures, plants and sources are included in the content of this ownership reserving the legal restrictions” and the cadastre law no. 3402 envisage 3D Cadastre. 3D data is required in order to perform 3D cadastre. To meet this requirement, oblique photogrammetry arises as the main data acquisition method. The data obtained by this meth...

  10. Assessment of wind erosion threat for soils in cadastral area of Hajske

    International Nuclear Information System (INIS)

    Muchova, Z.; Stredanska, A.

    2008-01-01

    This contribution illustrates the application of methods of erosion threat assessment in lan adaptation projects. Calculations of the soil erosion index of particular soil blocks are demonstrated for the cadastral area of Hajske. Two methods for assessment of erosion threat have been applied. First the assessment based on the ecological soil-quality units (ESQU) has been performed. Next, the Pasak method for a detailed analysis of the soil erosion threat was applied. Both of the mentioned approaches are recommended for the land adaption projects. Based on the results, the soil blocks have been ranked by their soil erosion threat. (authors)

  11. COMPARING LEGAL REQUIREMENTS AND USER NEEDS

    Directory of Open Access Journals (Sweden)

    S. Gristina

    2016-10-01

    Full Text Available Road transport has always played an important role in a country’s growth and, in order to manage road networks and ensure a high standard of road performance (e.g. durability, efficiency and safety, both public and private road inventories have been implemented using databases and Geographical Information Systems. They enable registering and managing significant amounts of different road information, but to date do not focus on 3D road information, data integration and interoperability. In an increasingly complex 3D urban environment, and in the age of smart cities, however, applications including intelligent transport systems, mobility and traffic management, road maintenance and safety require digital data infrastructures to manage road data: thus new inventories based on integrated 3D road models (queryable, updateable and shareable on line are required. This paper outlines the first step towards the implementation of 3D GIS-based road inventories. Focusing on the case study of the “Road Cadastre” (the Italian road inventory as established by law, it investigates current limitations and required improvements, and also compares the required data structure imposed by cadastral legislation with real road users’ needs. The study aims to: a determine whether 3D GIS would improve road cadastre (for better management of data through the complete life-cycle infrastructure projects; b define a conceptual model for a 3D road cadastre for Italy (whose general principles may be extended also to other countries.

  12. Organic pollutants in Bavarian soils. Investigations in the framework of the 'Bavarian soil cadastre'

    International Nuclear Information System (INIS)

    Joneck, M.; Prinz, R.; Schmidt, R.

    1990-01-01

    Within the framework of the Bavarian soil cadastre, 260 soils from 90 sites throughout Bavaria were sampled for organic pollutants between 1986 and mid-1989. From the material class of the polychlorinated biphenyls (PCB), first results were introduced. The PCB total concentrations depend very strongly on soil utilization. Forest sites occupy a special position. The comparison of agricultural and forest soils with regard to pollutant concentrations is possible only with volume specific concentrations and/or a site-specific material balance. (orig.) [de

  13. Direct: Ontology based discovery of responsibility and causality in legal case descriptions

    NARCIS (Netherlands)

    Breuker, J.A.P.J.; Hoekstra, R.J.; Gordon, T.

    2004-01-01

    In this paper we present DIRECT, a system forautomatic discovery of responsibility and causal relations in legal case descriptions based on LRI-Core, a core ontology that covers the main concepts that are common to all legal domains. These domains have a predominant common-sense character - the law

  14. Analysis of surveying and legal problems in granting right-of-way and expropriation for the purpose of locating technical infrastructure

    Science.gov (United States)

    Trembecka, Anna

    2016-06-01

    A condition which determines the location of technical infrastructure is an entrepreneur holding the right to use the property for construction purposes. Currently, there are parallel separate legal forms allowing the use of a real property for the purpose of locating transmission lines, i.e. transmission easement (right-of-way) established under the civil law and expropriation by limiting the rights to a property under the administrative law. The aim of the study is to compare these forms conferring the right to use real properties and to analyze the related surveying and legal problems occurring in practice. The research thesis of the article is ascertainment that the current legal provisions for establishing legal titles to a property in order to locate transmission lines need to be amended. The conducted study regarded legal conditions, extent of expropriation and granting right-of-way in the city of Krakow, as well as the problems associated with the ambiguous wording of the legal regulations. Part of the research was devoted to the form of rights to land in order to carry out similar projects in some European countries (France, Czech Republic, Germany, Sweden). The justification for the analysis of these issues is dictated by the scale of practical use of the aforementioned forms of rights to land in order to locate technical infrastructure. Over the period of 2011-2014, 651 agreements were concluded on granting transmission right-of-way for 967 cadastral parcels owned by the city of Krakow, and 105 expropriation decisions were issued, limiting the use of real properties in Krakow.

  15. The Use of 3d City Models Form Oblique Images on Land Administration

    Science.gov (United States)

    Bakici, S.; Erkek, B.; Ayyildiz, E.; Özmüş, L.

    2017-11-01

    The article 718 of the civil law saying "The ownership on property includes the air above and terrain layers below to an extent providing benefit. The structures, plants and sources are included in the content of this ownership reserving the legal restrictions" and the cadastre law no. 3402 envisage 3D Cadastre. 3D data is required in order to perform 3D cadastre. To meet this requirement, oblique photogrammetry arises as the main data acquisition method. The data obtained by this method is used as base in 3D Cadastre and Land Administration activities. 3D cadastre required in the context of land administration activities in Turkey demands high resolution aerial oblique images to be used in services such as real estate value assessment & marketing in urban areas, urban planning, unlicensed construction monitoring & city administration and making location data (national address data etc.) intelligent.

  16. THE USE OF 3D CITY MODELS FORM OBLIQUE IMAGES ON LAND ADMINISTRATION

    Directory of Open Access Journals (Sweden)

    S. Bakici

    2017-11-01

    Full Text Available The article 718 of the civil law saying “The ownership on property includes the air above and terrain layers below to an extent providing benefit. The structures, plants and sources are included in the content of this ownership reserving the legal restrictions” and the cadastre law no. 3402 envisage 3D Cadastre. 3D data is required in order to perform 3D cadastre. To meet this requirement, oblique photogrammetry arises as the main data acquisition method. The data obtained by this method is used as base in 3D Cadastre and Land Administration activities. 3D cadastre required in the context of land administration activities in Turkey demands high resolution aerial oblique images to be used in services such as real estate value assessment & marketing in urban areas, urban planning, unlicensed construction monitoring & city administration and making location data (national address data etc. intelligent.

  17. The Private Legal Governance of Domain Names

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2016-01-01

    This chapter evaluates the performance of the special private tribunals or panels such as the UDRP which have been developed within complicated systems of self- and co-regulation such as ICANN to decide disputes over domain names. It uses two different dispute resolution models viz. the UDRP (WIP...... trademarks are used as (parts of) domain names to express criticism of the trademark holder or the trademark itself (e.g. “TMsucks.com” / “lorteTM.dk”)....

  18. Parcels and Land Ownership, This data set consists of digital map files containing parcel-level cadastral information obtained from property descriptions. Cadastral features contained in the data set include real property boundary lines, rights-of-way boundaries, property dimensions, Published in Not Provided, 1:2400 (1in=200ft) scale, Racine County Government.

    Data.gov (United States)

    NSGIC Local Govt | GIS Inventory — Parcels and Land Ownership dataset current as of unknown. This data set consists of digital map files containing parcel-level cadastral information obtained from...

  19. Artificial intelligence approach to legal reasoning

    International Nuclear Information System (INIS)

    Gardner, A.V.D.L.

    1984-01-01

    For artificial intelligence, understanding the forms of human reasoning is a central goal. Legal reasoning is a form that makes a new set of demands on artificial intelligence methods. Most importantly, a computer program that reasons about legal problems must be able to distinguish between questions it is competent to answer and questions that human lawyers could seriously argue either way. In addition, a program for analyzing legal problems should be able to use both general legal rules and decisions in past cases; and it should be able to work with technical concepts that are only partly defined and subject to shifts of meaning. Each of these requirements has wider applications in artificial intelligence, beyond the legal domain. This dissertation presents a computational framework for legal reasoning, within which such requirements can be accommodated. The development of the framework draws significantly on the philosophy of law, in which the elucidation of legal reasoning is an important topic. A key element of the framework is the legal distinction between hard cases and clear cases. In legal writing, this distinction has been taken for granted more often than it has been explored. Here, some initial heuristics are proposed by which a program might make the distinction

  20. Cadastral Modeling

    DEFF Research Database (Denmark)

    Stubkjær, Erik

    2005-01-01

    to the modeling of an industrial sector, as it aims at rendering the basic concepts that relate to the domain of real estate and the pertinent human activities. The palpable objects are pieces of land and buildings, documents, data stores and archives, as well as persons in their diverse roles as owners, holders...

  1. Reforms of a real estate cadastre in Poland / Reformy katastru nieruchomości w Polsce

    Science.gov (United States)

    Pietrzak, Ludmiła; Hopfer, Andrzej; Cegielski, Stanisław

    2012-11-01

    On May 7, 2010 the act dated March 4, 2010 on the spatial information infrastructure was published which transposes the European Parliament and the European Council Directive No 2007/2/WE dated March 14, 2007 established the spatial information infrastructure (INSPIRE) in the European Community. This act introduced basic changes to the binding Act, i.e. the Law of Geodesy and Cartography and, as the consequence, the demand to develop various administrative decrees occurred. The authors of the paper present the analysis of the existing conditions of the cadastre, the task of governmental and public government administration, related to demands concerning the cadastral reforms, following the act on the spatial information infrastructure and they discuss possibilities to perform such reforms at the local and national scales. W dniu 7 maja 2010 r. weszła w życie ustawa a dnia 4 marca 2012 r. o infrastrukturze informacji przestrzennej dokonująca transpozycji dyrektywy Parlamentu Europejskiego i Rady nr 2007/3/WE ustanawiającej infrastrukturę informacji przestrzennej w Europie. Ustawa to wprowadziła zasadnicze zmiany do obowiązującej ustawy prawo geodezyjne i kartograficzne, i w konsekwencji powstała konieczność opracowania nowych rozporządzeń wykonawczych. W chwili obecnej większość rozporządzeń jest już opracowana, część jest jeszcze konsultowana z organizacjami zawodowymi geodetów. W artykule autorzy dokonują analizy stanu istniejącego, zadań administracji rządowej i samorządowej związanych z koniecznością modernizacji katastru oraz podają zakres koniecznych do przeprowadzenie reform w skali kraju oraz w skali lokalnej.

  2. Trademarks, consumer protection and domain names on the Internet

    Directory of Open Access Journals (Sweden)

    Hana Kelblová

    2007-01-01

    Full Text Available The article deals with current problems of the conflict of domain names on the Internet with trade marks in relation to the consumer protection. The aim of the article is to refer to ways and means of protection against of the speculative registration of a domain name. In the Czech legal order these means represent legal regulation of the unfair competition in Commercial Code, regulation of liability for damage together with the Trademarks Act.

  3. 2008 Suwannee River Water Management District (SRWMD) Lidar: Live Oak (FL)

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — This data is for planning purposes only and should not be used for legal or cadastral purposes. Regional Evacuation Studies are currently being updated.

  4. Contribution of branch of the Geodesy, Cartography and Cadastre Authority of the Slovak Republic to the construction of information society in the Slovak Republic and in the European Union

    International Nuclear Information System (INIS)

    Sokacova, P.; Ofukany, M.

    2005-01-01

    In this paper authors deals with responsibilities of the Geodesy, Cartography and Cadastre Authority of the Slovak Republic in building of information society in the Slovak Republic and in the European Union

  5. HE CADASTRAL VA LUE OF REAL ESTATE — AN INDICATOR OF THE EFFICIENCY OF CITY DEVELOPMENT PROGRAMS (ON THE EXAMPLE OF MOSCOW

    Directory of Open Access Journals (Sweden)

    Belyakov Sergey Igorevich

    2015-06-01

    Full Text Available At the recent time the Moscow authority developed and im-plements a number of programs on city development aimed at raising the living comfort level of the population, advancing the urban development system, improvement of investment climate, etc. The most important role is played by the State program of Moscow “Town-Planning Policy” for 2012—2018. Different indicators are used to assess the efficiency of the programs. At the present time it is reasonable to consider all the processes connected with attraction and application of budget means of different levels, including for programs implementation, in the whole context of transition from the old taxation system where the real estate tax was calculated according to its inventory value to the new system, where the cadastral value of real estate objects is the basis for tax charge. The author considers the prerequisites and justification of the approach to territorial taxable capacity formation, which supposes application of cadastral value of real estate objects as efficiency indicator of city development programs. This indicator reflects a variety of fundamental factors characterizing an objective value of real estate objects and the development level of spatial-territorial environment as a whole.

  6. IT Security Standards and Legal Metrology - Transfer and Validation

    Science.gov (United States)

    Thiel, F.; Hartmann, V.; Grottker, U.; Richter, D.

    2014-08-01

    Legal Metrology's requirements can be transferred into the IT security domain applying a generic set of standardized rules provided by the Common Criteria (ISO/IEC 15408). We will outline the transfer and cross validation of such an approach. As an example serves the integration of Legal Metrology's requirements into a recently developed Common Criteria based Protection Profile for a Smart Meter Gateway designed under the leadership of the Germany's Federal Office for Information Security. The requirements on utility meters laid down in the Measuring Instruments Directive (MID) are incorporated. A verification approach to check for meeting Legal Metrology's requirements by their interpretation through Common Criteria's generic requirements is also presented.

  7. PENGATURAN PASSING OFF DALAM PENGGUNAAN DOMAIN NAME TERKAIT DENGAN MEREK

    Directory of Open Access Journals (Sweden)

    Herti Yunita Putri

    2016-09-01

    Full Text Available In cyber world we often hear about domain name’s term. Domain name is a unique name to identify the server computer’s name like a web server or email server on a computer network or Internet. Passing off also make causes confusion in using merk from a famous brand or merk on the goods and services. Selected domain name in the internet media often creates the similar domain name with the other parties. This similar domain name are often used by people who are not responsible to take advantages of the domain name for themself. This can be caused by the presence of competition from Internet media business. This things called passing off. This research is a normative juridical research with a qualitative analysis. The legal materials include primary legal, secondary law and tertiary legal materials. Collection technique applied is literary study. Legal materials were analyzed to see the argument implementation of the definition of merk, the definition of domain name, definition of passing off, passing off in use related by merk and domain name and the rules of law in Indonesia related by merk, domain name and passing off. Big wishes in the future it can assist as a basic reference and legal considerations which are useful in Indonesian law practice. There are two passing off related to the merk and domain name, called Crybersquatting and Tiposquatting. Domain name rules are not regulated clearly in merk regulation named Act No. 15 of 2001. It regulated in PP 24 Year 1993 about The Class List of Goods or Services In Merk, Telecommunications are included in the goods or services in merk. Domain name are regulated in UDRP (Uniform Dispute Resolution Policy with competent institutions called ICANN (Internet Corporation for Assigned Names and Numbers. Dalam dunia maya (cyber world, kita sering mendengar istilah domain name. Domain name adalah nama unik yang diberikan untuk mengidentifikasi nama server komputer seperti web server atau email server di

  8. Actual legal questions and problems of the free access to information, especially in the environmental protection; Aktuelle Rechtsfragen und Probleme des freien Informationszugangs, insbesondere im Umweltschutz

    Energy Technology Data Exchange (ETDEWEB)

    Schroeder, Meinhard (ed.)

    2010-07-01

    Within the 26th Trier colloquium on the law governing environmental protection and technology at 5th to 7th September, 2010 in Trier (Federal Republic of Germany), the following lectures were held: (1) The environmental law in the light of federalism and Europeanization (Hans-Juergen Papier); (2) Information rights in the EU (Astrid Epiney); (3) Environmental policy by freedom of information (Friedrich Schoch); (4) The legal framework for the opening of the access to information as well as the appearance of accessible information under special consideration of the environmental information Directive 2003/4/EG and its implementation in the German Law (Joern Axel Kaemmerer); (5) The utilization of electronic media: REACh data bases, publication of authorizing procedures in the Internet and geo data mediation such as google maps (Indra Spiecker); (6) Protection position of companies in the right of access to information. The protection of business secrets and commercial confidentialities as well as application dossiers in the European and German law (Matthias Rossi); (7) Limited protection of business secrets and commercial confidentialities as a part of genetic engineering legal approval procedures (Hartwig Stiebler); (8) The NRW pipeline cadastre (Alexander Schink); (9) Legal protection by European and national courts under consideration of the European Ombudsman in his function in securing the access of information (Sabine Schlacke).

  9. Geoyasgui : The geosparql query editor and result set visualizer

    NARCIS (Netherlands)

    Beek, W.; Folmer, E.; Rietveld, Luuk; Walker, J.

    2017-01-01

    The Netherlands' Cadastre, Land Registry and Mapping Agency - in short Kadaster - collects and registers administrative and spatial data on property and the rights involved. This includes for ships, aircraft and telecommunications networks. Doing so, Kadaster protects legal certainty. The Kadaster

  10. From moral to legal judgment : the influence of normative context in lawyers and other academics

    NARCIS (Netherlands)

    Schleim, Stephan; Spranger, Tade M.; Erk, Susanne; Walter, Henrik

    Various kinds of normative judgments are an integral part of everyday life. We extended the scrutiny of social cognitive neuroscience into the domain of legal decisions, investigating two groups, lawyers and other academics, during moral and legal decision-making. While we found activation of brain

  11. IT Security Standards and Legal Metrology – Transfer and Validation

    Directory of Open Access Journals (Sweden)

    Thiel F.

    2014-01-01

    Full Text Available Legal Metrology’s requirements can be transferred into the IT security domain applying a generic set of standardized rules provided by the Common Criteria (ISO/IEC 15408. We will outline the transfer and cross validation of such an approach. As an example serves the integration of Legal Metrology’s requirements into a recently developed Common Criteria based Protection Profile for a Smart Meter Gateway designed under the leadership of the Germany’s Federal Office for Information Security. The requirements on utility meters laid down in the Measuring Instruments Directive (MID are incorporated. A verification approach to check for meeting Legal Metrology’s requirements by their interpretation through Common Criteria’s generic requirements is also presented.

  12. Advanced radiographic practice - the legal aspects

    International Nuclear Information System (INIS)

    Alderson, C.J.; Hogg, P.

    2003-01-01

    Allied health and nursing professionals are continuing to expand their responsibilities into clinical areas outside their traditional spheres of interest; typically, many of these new responsibilities are found within the medical (doctor) domain. Such responsibilities are often at an advanced clinical level and consequently higher demands are placed upon the professionals, not least in terms of clinical updating, competence to practice and also legal liability. This article explores the legal implications of practising at an advanced clinical level with particular reference to legal claims. The first part of the article commences with an outline of pertinent law in England and Wales. The latter part of the article explores actual cases from which allied health professionals (eg radiographers) can gain valuable information. Throughout the article suggestions for good practice are indicated. Examples of good practice include: the need to base your practice on evidence and peer practice; the need to keep detailed records (protocols) of such practice; the need to know when you are at the limit of your ability; and as such when to ask for advice from a medical practitioner/radiologist

  13. Competitive Legal Professionals’ use of Technology in Legal Practice and Legal Research

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

    Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.

  14. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

    Full Text Available Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociological methods of cognitive psychology and philosophy. Results In ordinary life people who assess other peoplersaquos judgments typically take into account the other judgments of those they are assessing in order to calibrate the judgment presently being assessed. The restaurant and hotel rating website TripAdvisor is exemplary because it facilitates calibration by providing access to a raterrsaquos previous ratings. Such information allows a user to see whether a particular rating comes from a rater who is enthusiastic about every place she patronizes or instead from someone who is incessantly hard to please. And even when less systematized as in assessing a letter of recommendation or college transcript calibration by recourse to the decisional history of those whose judgments are being assessed is ubiquitous. Yet despite the ubiquity and utility of such calibration the legal system seems perversely to reject it. Appellate courts do not openly adjust their standard of review based on the previous judgments of the judge whose decision they are reviewing nor do judges in reviewing legislative or administrative decisions magistrates in evaluating search warrant representations or jurors in assessing witness perception. In most legal domains calibration by reference to the prior decisions of the reviewee is invisible either because it does not exist or because reviewing bodies are unwilling to admit using what they in fact know and employ. Scientific novelty for the first

  15. PUBLIC DOMAIN PROTECTION. USES AND REUSES OF PUBLIC DOMAIN WORKS

    Directory of Open Access Journals (Sweden)

    Monica Adriana LUPAȘCU

    2015-07-01

    Full Text Available This study tries to highlight the necessity of an awareness of the right of access to the public domain, particularly using the example of works whose protection period has expired, as well as the ones which the law considers to be excluded from protection. Such works are used not only by large libraries from around the world, but also by rights holders, via different means of use, including incorporations into original works or adaptations. However, the reuse that follows these uses often only remains at the level of concept, as the notion of the public’s right of access to public domain works is not substantiated, nor is the notion of the correct or legal use of such works.

  16. AN INITIAL DESIGN OF ISO 19152:2012 LADM BASED VALUATION AND TAXATION DATA MODEL

    DEFF Research Database (Denmark)

    Cagdas, Volkan; Kara, A.; van Oosterom, P.

    2016-01-01

    standard that defines the semantics of fiscal databases. The ISO 19152:2012 Land Administration Domain Model (LADM), as an international land administration standard focuses on legal requirements, but considers out of scope specifications of external information systems including valuation and taxation...... databases. However, it provides a formalism which allows for an extension that responds to the fiscal requirements. This paper introduces an initial version of a LADM – Fiscal Extension Module for the specification of databases used in immovable property valuation and taxation. The extension module....... It is expected that the initial version will be refined through further activities held by a possible joint working group under FIG Commission 7 (Cadastre and Land Management) and FIG Commission 9 (Valuation and the Management of Real Estate) in collaboration with other relevant international bodies....

  17. Legal issues in radon affairs

    International Nuclear Information System (INIS)

    Massuelle, M.H.

    1999-01-01

    In France, it was only recently that cases related to high radon concentrations in dwellings received substantial publicity. This irruption of radon as a public health issue came with the general progress of scientific knowledge and the availability of a research capacity in France able to develop expertise. We are interested here in the legal implications of issues that arise from the lag between the activity of experts and the regulatory activity in the domain of radon. We use the term expertise very broadly, to cover the practical application of research findings, the relation of the researchers with the community, and finally the acts by which experts provide their knowledge to the community. We first examine the course by which science developed the radon issue and the way they organized to move from research to expertise; here we try to characterize the various needs for radon expertise. We then discuss the legal difficulties associated with radon expertise

  18. Legal issues in radon affairs

    Energy Technology Data Exchange (ETDEWEB)

    Massuelle, M.H. [Inst. de Protection et de Surete Nucleaire, Fontenay aux Roses (France)

    1999-12-01

    In France, it was only recently that cases related to high radon concentrations in dwellings received substantial publicity. This irruption of radon as a public health issue came with the general progress of scientific knowledge and the availability of a research capacity in France able to develop expertise. We are interested here in the legal implications of issues that arise from the lag between the activity of expertsand the regulatory activity in the domain of radon. We use the term expertise very broadly, to cover the practical application of research findings, the relation of the researchers with the community, and finally the acts by which experts provide their knowledge to the community. We first examine the course by which science developed the radon issue and the way they organized to move from research to expertise; here we try to characterize the various needs for radon expertise. We then discuss the legal difficulties associated with radon expertise.

  19. Discrimination of legal entities: Phenomenological characteristics and legal protection

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

    Full Text Available Their social nature encourages people to associate and jointly achieve the goals that they would not be able to achieve individually. Legal entities are created as one of the legal modalities of that association, as separate entities that have their own legal personality independent of the subjectivity of their members. Legal entities are holders of some human rights, depending on the nature of the right, including the right to non-discrimination. All mechanisms envisaged for legal protection against discrimination in the national legislation are available to legal persons. On the other hand, the situation is quite different in terms of access to international forums competent to deal with cases of discrimination. Legal entities do not have access to some international forums, while they may have access to others under the same conditions prescribed for natural persons. Legal entities may be exposed to various forms of direct and indirect discrimination both in the private and in the public sphere of social relations. Phenomenological characteristics of discrimination against legal persons are not substantially different from discrimination against individuals. There are no significant differences regarding the application of discrimination test in cases of discrimination of legal entities as compared to the use of this test in cases involving discrimination of natural persons or groups of persons. Legal entities may be discriminated against on the basis of characteristics of their legal personality, such as those which are objective elements of the legal entity and part of its legal identity. Discrimination of legal entities may be based on personal characteristics of its members (i.e. people who make a personal essence of a legal entity because their characteristics can be 'transferred' to the legal entity and become part of its identity. Legal entities should also be protected from this special form of transferred (associative discrimination.

  20. Historical Changes in the Land Use Connected with Appropriation of Agricultural Land – Case Study of Cadastral Areas Dolní Věstonice and Modřice (Czech Republic

    Directory of Open Access Journals (Sweden)

    Szturc Jan

    2017-12-01

    Full Text Available The article focuses on the issue of agricultural soil sealing in the Dolní Věstonice and Modřice cadastres (South Moravian Region. Available data and map resources were used for this purpose (historical and up-to-date. Data was processed using manual digitalisation which helped to generate the needed map output. The decrease in area of agricultural land is analysed in individual periods starting in the year 1824 (source of data stable cadastre - the first half of the 19th century until the present, and the sealing of different types of plots and soil kinds is assessed according to Evaluated Soil-Ecological Units (ESEU. In most cases, agricultural land sealing is associated with municipal expansion. To compare future development, potential (forthcoming agricultural land sealing proposed within the valid landscape plans was also explored. Likewise, the overall price of sealed plots in both locations was calculated. The results show that there was a significant change in the use of both model territories between 1824 and the present. In Modřice, the area of the built-up area was changed from 16 ha (1824 to 409 ha (2016. The area of the site has expanded from 90% to agricultural land. The most significant change in this area is the development of builtup areas on agricultural land. In the model territory of Dolní Věstonice, the area of the built-up area increased from 16 ha (1824 to 48 ha (2016. The area of the site has expanded from 70% to agricultural land. Due to the construction of water reservoirs “Nové Mlýny”, the area of water bodies increased by 569 ha (during the period 1824- 2016. The water reservoirs occupy 65% of the cadastral area of Dolní Věstonice. The most significant change in landscape is the increase in water areas in Dolní Věstonice. Should this trend persist, an extensive reduction in agricultural soil and ensuing problems associated with sustainable agriculture, potentially also deficient food resources must be

  1. Preserving the positive functions of the public domain in science

    Directory of Open Access Journals (Sweden)

    Pamela Samuelson

    2003-11-01

    Full Text Available Science has advanced in part because data and scientific methodologies have traditionally not been subject to intellectual property protection. In recent years, intellectual property has played a greater role in scientific work. While intellectual property rights may have a positive role to play in some fields of science, so does the public domain. This paper will discuss some of the positive functions of the public domain and ways in which certain legal developments may negatively impact the public domain. It suggests some steps that scientists can take to preserve the positive functions of the public domain for science.

  2. Cellular Phone Towers, File name = CELLTOWERS Contains point file of cell towers and an inclomplete poly cadastral layer of properties with cell towers. http://www.harfordcountymd.gov/gis/Index.cfm, Published in 2011, 1:1200 (1in=100ft) scale, Harford County Government.

    Data.gov (United States)

    NSGIC Local Govt | GIS Inventory — Cellular Phone Towers dataset current as of 2011. File name = CELLTOWERS Contains point file of cell towers and an inclomplete poly cadastral layer of properties...

  3. From LADM/STDM to a Spatially Enabled Society : A Vision for 2025

    NARCIS (Netherlands)

    Uitermark, H.T.; Van Oosterom, P.J.M.; Zevenbergen, J.A.; Lemmen, C.H.J.

    2010-01-01

    The Land Administration Domain Model (LADM) is a draft International Standard (ISO 19152). LADM is partly based on ‘Cadastre 2014’. A prototype of a software tool, the Social Tenure Domain Model (STDM), is in its turn based on LADM. It supports the security of tenure of people in developing

  4. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence. Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  5. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence.   Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  6. The trailing trials of humiliation: Legal, social, and medical perspectives of women facing domestic violence in India

    Directory of Open Access Journals (Sweden)

    Kumuda Rao

    2017-01-01

    Full Text Available Globally, violence within the home is universal across culture, religion, class, and ethnicity. Despite its widespread prevalence, such violence is not customarily acknowledged and has remained invisible-a problem thought unworthy of legal or political attention. The social construction of the divide between public and private life underlies the major problem of addressing the hidden nature of domestic violence against women. Legal jurisprudence has historically considered the domain of the house to be within the control and unquestionable authority of the male head of household. Thus, acts of violence against members of the household, whether wife or child, were perceived as discipline and essential for maintaining the rule of authority within the family. Except for sensational cases, the fear of social isolation and inhibition has caused the insidious everyday violence experienced by huge numbers of women to be hidden in the private domain. In this review, we make an attempt towards briefing the legal, social, and medical perspectives of women facing domestic violence.

  7. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

    This paper discusses how legal moralism should be defined. It is argued that legal moralism should be defined as the position that “For any X, it is always a pro tanto reason for justifiably imposing legal regulation on X that X is morally wrong (where “morally wrong” is not conceptually equivalent...... to “harmful”)”. Furthermore, a distinction between six types of legal moralism is made. The six types are grouped according to whether they are concerned with the enforcement of positive or critical morality, and whether they are concerned with criminalising, legally restricting, or refraining from legally...... protecting morally wrong behaviour. This is interesting because not all types of legal moralism are equally vulnerable to the different critiques of legal moralism that have been put forth. Indeed, I show that some interesting types of legal moralism have not been criticised at all....

  8. Is 'legal empowerment of the poor' relevant to people with disabilities in developing countries? An empirical and normative review.

    Science.gov (United States)

    Borg, Johan; Bergman, Anna-Karin; Östergren, Per-Olof

    2013-11-15

    Legal empowerment of the poor is highly relevant to public health as it aims to relieve income poverty, a main determinant of health. The Commission on Legal Empowerment of the Poor (CLEP) has proposed legal empowerment measures in the following four domains: access to justice and the rule of law, property, labor, and business rights. Despite being overrepresented among the poor, CLEP has not explicitly considered the situation of people with disabilities. To examine the empirical evidence for the relevance of the CLEP legal empowerment measures to people with disabilities in low- and lower middle-income countries, and to evaluate the extent to which the Convention on the Rights of Persons with Disabilities (CRPD) addresses those measures. Critical literature review of empirical studies and a checklist assessment of the CRPD. Fourteen included articles confirm that people with disabilities experience problems in the domains of access to justice and the rule of law, labor rights, and business rights. No texts on property rights were found. Evidence for the effectiveness of the proposed measures is insufficient. Overall, the CRPD fully or partially supports two-thirds of the proposed measures (seven out of nine measures for access to justice and the rule of law, none of the five measures for property rights, all seven measures for labor rights, and six out of nine measures for business rights). Although most of the domains of the CLEP legal empowerment measures are relevant to people with disabilities from both empirical and normative perspectives, it is uncertain whether the devised measures are of immediate relevance to them. Further research is warranted in this regard.

  9. What is legal medicine--are legal and forensic medicine the same?

    Science.gov (United States)

    Beran, Roy G

    2010-04-01

    Some consider the terms "forensic" and "legal" medicine to be synonymous but this is counter to the title of the Faculty of Forensic and Legal Medicine or the dual strands for progression to fellowship of the Australian College of Legal Medicine. The paper examines a very brief historical background to legal medicine and develops a definition of the strands thereof, namely legal and forensic medicine. It demonstrates that the two are different components of the application of medical knowledge upon the legal system. Legal medicine has greater relevance to civil and tort law, impacting upon patient care, whereas forensic medicine relates to criminal law and damage to, or by, patients.

  10. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus.......The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...

  11. Regional Legal Assistance

    Directory of Open Access Journals (Sweden)

    Abdul Fatah

    2015-06-01

    Full Text Available Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015. Regional Legal Assistance. Rechtsidee, 2(1, 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7

  12. Is ‘legal empowerment of the poor’ relevant to people with disabilities in developing countries? An empirical and normative review

    Directory of Open Access Journals (Sweden)

    Johan Borg

    2013-11-01

    Full Text Available Background: Legal empowerment of the poor is highly relevant to public health as it aims to relieve income poverty, a main determinant of health. The Commission on Legal Empowerment of the Poor (CLEP has proposed legal empowerment measures in the following four domains: access to justice and the rule of law, property, labor, and business rights. Despite being overrepresented among the poor, CLEP has not explicitly considered the situation of people with disabilities. Objectives: To examine the empirical evidence for the relevance of the CLEP legal empowerment measures to people with disabilities in low- and lower middle-income countries, and to evaluate the extent to which the Convention on the Rights of Persons with Disabilities (CRPD addresses those measures. Methods: Critical literature review of empirical studies and a checklist assessment of the CRPD. Results: Fourteen included articles confirm that people with disabilities experience problems in the domains of access to justice and the rule of law, labor rights, and business rights. No texts on property rights were found. Evidence for the effectiveness of the proposed measures is insufficient. Overall, the CRPD fully or partially supports two-thirds of the proposed measures (seven out of nine measures for access to justice and the rule of law, none of the five measures for property rights, all seven measures for labor rights, and six out of nine measures for business rights. Conclusions: Although most of the domains of the CLEP legal empowerment measures are relevant to people with disabilities from both empirical and normative perspectives, it is uncertain whether the devised measures are of immediate relevance to them. Further research is warranted in this regard.

  13. A contract-law perspective on legal cases in financial reporting: the Netherlands, 1880-1970

    NARCIS (Netherlands)

    Camfferman, C.

    2012-01-01

    This paper proposes a framework for the historical analysis of judicial decisions in financial reporting that may provide a basis for comparative research in the historical relation between the law and accounting. It is suggested that contract law may have been the dominant legal domain in which

  14. RUSSIAN AND FOREIGN PRACTICE OF VALUATING MUNICIPAL REAL ESTATE

    Directory of Open Access Journals (Sweden)

    Oleg V. Likhomanov

    2017-09-01

    Full Text Available The authors analyze the real estate tax system of England, France, Germany, the USA, Canada, Sweden, Denmark, Holland, Spain, Portugal, Poland, Chile, Singapore, the Philippines, and Japan. The following activities are proposed with the aim of creating an effective system of municipal real estate management and improving the quality of local government: to organize the smooth functioning of full and timely accounting of the municipal real estate, the introduction of an automated registry system, including legal, technical, and economic components of records; to develop scientifically based optimal management solutions on the disposal of municipal property, in compliance with the balance of fiscal, investment and socially-oriented objectives in the course of operational management, transfer in use or trust, disposition, use as the authorized capital; to develop the optimal solutions for selecting strategies for achieving maximum economic efficiency and increasing investment attractiveness of municipal property; to exercise effective control over regulatory use of municipal property (especially land resources for its intended purpose; to organize work on reliable cadastral valuation of the property; to provide the state budget institutions for cadastral valuation established in the regions with qualified personnel from among the practicing independent appraisers; to engage independent appraisers for analysis and monitoring of real estate market with the aim of identifying pricing factors and ensuring reliable results, compliant with relevant market data; to completely eliminate the possibility of pressure by officials of local self-government bodies at the state budget institutions for the cadastral valuation to establish the desired orientations of the cadastral value. The authors propose to initiate the introduction of uniform date of establishment of the cadastral value on the territory of the Russian Federation with the aim of providing a

  15. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law......This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...

  16. LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

    Directory of Open Access Journals (Sweden)

    Rodica Diana APAN

    2014-06-01

    Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.

  17. A Comparative Study of Cadastre 2014 and the Zimbabwean ...

    African Journals Online (AJOL)

    mapamula

    The relationship between mankind and land goes back to time immemorial. .... restrictions that have an effect on the legal situation by making a survey at ... and to make available via one portal, all information that is likely to be of interest to customers. Many ... load for the state budgets at a reasonable level (Kaufmann 2014).

  18. Legal genres in English and Spanish: some attempts of analysis

    Directory of Open Access Journals (Sweden)

    Mª Ángeles Orts Llopis

    2009-10-01

    Full Text Available Understanding the differences and subtleties between the legal communication of the English-speaking world, and the Continental law countries –and, more specifically, Spain- has become a necessary practice in the global context. For the most part, it involves unravelling the differences and concomitances between the array of legal genres produced by the professionals of the specialist communities within these two traditions (i.e., Common Law and Continental Law. This paper attempts an analysis in layers –generic or pragmatic, textual or cognitive, and formal or superficial– of two types of genre within the domain of public and private law, namely delegated legislation and tenancy agreements or leases, the study of which has been seldom attempted, despite the customary presence of these instruments in the legal routine. The result of such analysis will, hopefully, cast some light on the way these communities interact within themselves and with the rest of the world, providing new clues to tackle the application of those genres and making it possible to draw new conclusions about the way in which linguistic interaction takes place in the context of these specialist communities in English and Spanish.

  19. Marcadores da paisagem e intervenção cadastral no território próximo da cidade de Bracara Augusta (Hispania Citerior Tarraconensis

    Directory of Open Access Journals (Sweden)

    Carvalho, Helena Paula

    2012-12-01

    Full Text Available This paper focuses the organization of the rural landscape around the Roman town of Bracara Augusta and the identification of a Roman cadastre, perfectly adapted to the relief and to the main hydrographical network of the region. This cadastre is organized in modules of 20 by 20 actus with a predominant orientation of 16º NNW, what may be inferred by the clear intersection of some important axes. We have also detected two cippi with a cross engraved on their upper face, separated by 20 actus, probably connected with limits or termini.Este trabajo tiene como objetivo presentar algunos de los resultados del estudio sobre el poblamiento y la organizacion del paisaje rural en torno a la ciudad romana de Bracara Augusta. La existencia de un cadastro romano con una orientación dominante de 16º NNO y una modulación de 20x20 actus, se confirma gracias a la documentación de algunos elementos de delimitación, de los que podemos destacar dos cipos con una distancia entre sí de 20 actus. [pt] Este artigo propõe-se apresentar os resultados do estudo do povoamento e da organização da paisagem em torno da cidade romana de Bracara Augusta. Este objectivo orienta-se, mais especificamente, para os dados relativos à identificação de um cadastro romano perfeitamente adaptado às formas estruturantes do relevo e da rede hidrográfica. Este cadastro possui uma orientação de cerca de 16º NNO com uma modulação de 20x20 actus, e encontra-se confirmado por alguns elementos demarcatórios, nomeadamente dois cipos que possuem entre si 20 actus de distância.

  20. The Legal Case

    NARCIS (Netherlands)

    Sartor, Giovanni; Contissa, Giuseppe; Schebesta, H.; Laukyte, Migle; Lanzi, Paola; Marti, Patrizia; Paola, Tomasello

    2013-01-01

    This paper presents the first release of the Legal Case, recently developed by the ALIAS Project and still under refinement. The Legal Case is a methodological tool intended to address liability issues of automated ATM systems: it provides for a legal risk management process that can be applied

  1. A Combination of Stop-and-Go and Electro-Tricycle Laser Scanning Systems for Rural Cadastral Surveys

    Directory of Open Access Journals (Sweden)

    Liang Zhong

    2016-09-01

    Full Text Available Over the past decade, land-based laser scanning technologies have been actively studied and implemented, in response to the need for detailed three-dimensional (3D data about our rural and urban environment for topographic mapping, cadastral mapping, and other street-level features, which are difficult and time consuming to measure by other instruments. For rural areas in China, the complex terrain and poor planning limit the applicability of this advanced technology. To improve the efficiency of rural surveys, we present two SSW (Shoushi and SiWei laser scanning systems for rapid topographic mapping: stop-and-go and electro-tricycle laser scanning systems. The objective of this paper is to evaluate whether laser scanning data collected by the developed SSW systems meet the accuracy requirements for rural homestead mapping. We investigated the performance of the two laser scanning systems on Ma’anshan Village, a small, typical village in Hubei Province, China. To obtain full coverage of the village, we fused the stop-and-go and electro-tricycle laser scanning data. The performance of the developed SSW systems is described by the results of building contours extracted from the fused data against the established building vector map.

  2. Assessing Performance of Three BIM-Based Views of Buildings for Communication and Management of Vertically Stratified Legal Interests

    Directory of Open Access Journals (Sweden)

    Behnam Atazadeh

    2017-07-01

    Full Text Available Multistorey buildings typically include stratified legal interests which provide entitlements to a community of owners to lawfully possess private properties and use communal and public properties. The spatial arrangements of these legal interests are often defined by multiplexing cognitively outlined spaces and physical elements of a building. In order to support 3D digital management and communication of legal arrangements of properties, a number of spatial data models have been recently developed in Geographic Information Systems (GIS and Building Information Modelling (BIM domains. While some data models, such as CityGML, IndoorGML or IFC, provide a merely physical representation of the built environment, others, e.g., LADM, mainly rely on legal data elements to support a purely legal view of multistorey buildings. More recently, spatial data models integrating legal and physical notions of multistorey buildings have been proposed to overcome issues associated with purely legal models and purely physical ones. In previous investigations, it has been found that the 3D digital data environment of BIM has the flexibility to utilize either only physical elements or only legal spaces, or an integrated view of both legal spaces and physical elements to represent spatial arrangements of stratified legal interests. In this article, the performance of these three distinct BIM-based representations of legal interests defined inside multistorey buildings is assessed in the context of the Victorian jurisdiction of Australia. The assessment metrics are a number of objects and geometry batches, visualization speed in terms of frame rate, query time, modelling legal boundaries, and visual communication of legal boundaries.

  3. Formalizing Implementable Constraints in the INTERLIS Language for Modelling Legal 3D RRR Spaces and 3D Physical Objects

    NARCIS (Netherlands)

    Kalogianni, Eftychia; Dimopoulou, Efi; Quak, C.W.; van Oosterom, P.J.M.; van Oosterom, P.J.M.; Dimopoulou, Efi; Fendel, Elfriede M.

    2016-01-01

    Building Information Models (e.g. BIM, IFC) and virtual 3D city models (e.g. CityGML) are revolutionising the way we manage information about cities. The main focus of such models is on the physical and functional characteristics of urban structures (Aien et al, 2015). On the other hand cadastral

  4. An Initial Design of ISO 19152:2012 LADM Based Valuation and Taxation Data Model

    Science.gov (United States)

    Çağdaş, V.; Kara, A.; van Oosterom, P.; Lemmen, C.; Işıkdağ, Ü.; Kathmann, R.; Stubkjær, E.

    2016-10-01

    A fiscal registry or database is supposed to record geometric, legal, physical, economic, and environmental characteristics in relation to property units, which are subject to immovable property valuation and taxation. Apart from procedural standards, there is no internationally accepted data standard that defines the semantics of fiscal databases. The ISO 19152:2012 Land Administration Domain Model (LADM), as an international land administration standard focuses on legal requirements, but considers out of scope specifications of external information systems including valuation and taxation databases. However, it provides a formalism which allows for an extension that responds to the fiscal requirements. This paper introduces an initial version of a LADM - Fiscal Extension Module for the specification of databases used in immovable property valuation and taxation. The extension module is designed to facilitate all stages of immovable property taxation, namely the identification of properties and taxpayers, assessment of properties through single or mass appraisal procedures, automatic generation of sales statistics, and the management of tax collection, dealing with arrears and appeals. It is expected that the initial version will be refined through further activities held by a possible joint working group under FIG Commission 7 (Cadastre and Land Management) and FIG Commission 9 (Valuation and the Management of Real Estate) in collaboration with other relevant international bodies.

  5. Semantically rich 3D building and cadastral models for valuation

    NARCIS (Netherlands)

    Isikdag, U.; Horhammer, M.; Zlatanova, S.; Kathmann, R.; Van Oosterom, P.J.M.

    2014-01-01

    Valuation of real estate/ properties is in many countries/ cities the basis for fair taxation. The value depends on many aspects, including the physical real world aspects (geometries, material of object as build) and legal/virtual aspects (rights, restrictions, responsibilities, zoning/development

  6. Dementia and legal competency.

    Science.gov (United States)

    Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-06-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task

  7. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

    This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential.......This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential....

  8. Interrelation of the concepts «legal influence» and «administrative-legal influence»

    OpenAIRE

    Голуб, Віктор Олександрович

    2014-01-01

    The author analyzes the concept of «legal influence» and «administrative-legal influence» and examines their interrelation. Also the scientific positions related to understanding the essence of these concepts are analyzed. The author gives characteristic of the features, structural elements and forms of the administrative-legal influence. English abstract V. Golub Interrelation of the concepts «legal influence» and «administrative-legal influence» The author analyzes the concept of «legal inf...

  9. Labour law and communitarian legal standards

    Directory of Open Access Journals (Sweden)

    Jašarević Senad

    2014-01-01

    Full Text Available The recently adopted amendments to the Labour Code was accompanied by an extremely high resistance. While opponents consider amendments to the Law a big step back and point out that it is completely contrary to the standards of the International Labor Organization, advocates of the changes have emphasized the progressiveness. The most important argument to them was that the Code represents a substantial harmonization of our legislation with the advanced standards of EU law. Much of what have excelled both advocates and opponents of legal change is not actually correct. The main reason for the erroneous views was lack of knowledge of comparative and international labor standards. The law on the one hand is a step backwards when it comes to the protection of workers. On the other hand, it is a step forward it is a reform of the system of labor relations that was necessary and was forced by the international environment, from which our country in the era of globalization can not be excluded. Amendments to the Labour Code we see as a tendency to be in Serbia finally to establish a similar legal environment in the domain of work, as in the advanced countries of Western Europe.

  10. Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners

    OpenAIRE

    Caroline Lydia Hart

    2012-01-01

    Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. ...

  11. Development and Delivery of Coursework: The Legal/Regulatory/Policy Environment of Cyberforensics

    Directory of Open Access Journals (Sweden)

    John W. Bagby

    2006-06-01

    Full Text Available This paper describes a cyber-forensics course that integrates important public policy and legal issues as well as relevant forensic techniques. Cyber-forensics refers to the amalgam of multi-disciplinary activities involved in the identification, gathering, handling, custody, use and security of electronic files and records, involving expertise from the forensic domain, and which produces evidence useful in the proof of facts for both commercial and legal activities. The legal and regulatory environment in which electronic discovery takes place is of critical importance to cyber-forensics experts because the legal process imposes both constraints and opportunities for the effective use of evidence gathered through cyber-forensic techniques. This paper discusses different pedagogies that can be used (including project teams, research and writing assignments, student presentations, case analyses, class activities and participation and examinations, evaluation methods, problem-based learning approaches and critical thinking analysis. A survey and evaluation is provided of the growing body of applicable print and online materials that can be utilized. Target populations for such a course includes students with majors, minors or supporting elective coursework in law, information sciences, information technology, computer science, computer engineering, financial fraud, security and information assurance, forensic aspects of cyber security, privacy, and electronic commerce.

  12. A sense of self-suspicion: global legal pluralism and the claim to legal authority

    Directory of Open Access Journals (Sweden)

    Mariano Croce

    2015-03-01

    Full Text Available Legal pluralism has become common currency in many contemporary debates on law and globalization. Its main claim is that a form of global legal pluralism represents both the most accurate description of law in times of globalization and the best normative option. On the descriptive level, global legal pluralism is considered more reliable than state-based accounts. On the normative level, global legal pluralism is understood as a possibility to open up the legal realm to previously unheard voices. This article assesses these claims against the background of classic legal-pluralist scholarship. After reconstructing the emergence of global legal pluralism and then examining its epistemic and normative versions, the last two sections identify the shortcoming of this approach by underlining the absence of what the authors call ‘a sense of self-suspicion’ in drawing the map of legalities in the global sphere. The main argument put forward is that global legal pluralism is oblivious of a few key insights offered by the founding fathers of classic legal pluralism.

  13. From moral to legal judgment: the influence of normative context in lawyers and other academics.

    Science.gov (United States)

    Schleim, Stephan; Spranger, Tade M; Erk, Susanne; Walter, Henrik

    2011-01-01

    Various kinds of normative judgments are an integral part of everyday life. We extended the scrutiny of social cognitive neuroscience into the domain of legal decisions, investigating two groups, lawyers and other academics, during moral and legal decision-making. While we found activation of brain areas comprising the so-called 'moral brain' in both conditions, there was stronger activation in the left dorsolateral prefrontal cortex and middle temporal gyrus particularly when subjects made legal decisions, suggesting that these were made in respect to more explicit rules and demanded more complex semantic processing. Comparing both groups, our data show that behaviorally lawyers conceived themselves as emotionally less involved during normative decision-making in general. A group × condition interaction in the dorsal anterior cingulate cortex suggests a modulation of normative decision-making by attention based on subjects' normative expertise.

  14. Development of a Prototype for the Assessment of the Malaysian LADM Country Profile

    NARCIS (Netherlands)

    Zulkifli, N.A.; Abdul Rahman, A.; Jamil, H.; Teng, C.H.; Tan, L.C.; Looi, K.S.; Chan, K.L.; Van Oosterom, P.J.M.

    2014-01-01

    During the last couple of years, the potential of 3D and Land Administration Domain Model (LADM, ISO 2012) based cadastral registration in Malaysiahas been investigated and described in several papers, and presented at various International Federation of Surveyor (FIG) meetings. Based on these

  15. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

    Legal medicine addresses the interface between medicine and law in health care. The Australian College of Legal Medicine (ACLM) established itself as the peak body in legal and forensic medicine in Australia. It helped establish the Expert Witness Institute of Australia (EWIA), the legal medicine programme at Griffith University and contributes to government enquiries. Public health, disability assessment, competing priorities of privacy verses notification and determination of fitness for a host of pursuits are aspects of legal medicine. Complementing the EWIA, the ACLM runs training programmes emphasising legal medicine skills additional to clinical practice, advocating clinical relevance. Assessment of athletes' fitness and ensuring that prohibited substances are not inadvertently prescribed represent a growing area of legal medicine. Ethical consideration of health care should respect legal medicine principles rather than armchair commentary. International conventions must be respected by legal medicine and dictate physicians' obligations. The NSW courts imposed a duty to provide emergency medical care. Migration and communicable diseases are aspects of legal medicine. Police surgeons provide a face to legal medicine (which incorporates forensic medicine) underpinning its public perception of specialty recognition. Legal medicine deserves its place as a medical specialty in its own right.

  16. Medico legal issues.

    Science.gov (United States)

    Mackenzie, Geraldine; Carter, Hugh

    2010-01-01

    This chapter gives an educational overview of: * An awareness of the legal issues involved in health informatics * The need for the privacy and security of the patient record * The legal consequences of a breach of the security of the patient record * The concept of privacy law and what precautions ought to be taken to minimize legal liability for a breach of privacy and/or confidentiality.

  17. The Value of Privacy and Surveillance Drones in the Public Domain : Scrutinizing the Dutch Flexible Deployment of Mobile Cameras Act

    NARCIS (Netherlands)

    Gerdo Kuiper; Quirine Eijkman

    2017-01-01

    The flexible deployment of drones in the public domain, is in this article assessed from a legal philosophical perspective. On the basis of theories of Dworkin and Moore the distinction between individual rights and collective security policy goals is discussed. Mobile cameras in the public domain

  18. The Role of Generic Competence and Professional Expertise in Legal Translation. The Case of English and Polish Probate Documents

    Directory of Open Access Journals (Sweden)

    Goźdź-Roszkowski Stanisław

    2016-06-01

    Full Text Available This paper seeks to demonstrate how the concept of generic competence (primarily intended for monolingual specialized communication could be extended to address important issues in translating legal texts. First, generic competence is discussed against the backdrop of the related concept of translation competence. Then, a case study is presented which examines a closely related set of documents employed by the professional community of lawyers (represented by an English solicitor and Polish advocate engaged in the specialist domain of probate law (legal process related to the estate of a deceased person. It is argued that both generic competence and professional expertise should be included in the range of competencies required for the translator of legal texts.

  19. Fundamentals of legal argumentation : A survey of theories on the justification of legal decisions

    NARCIS (Netherlands)

    Feteris, E.T.

    2017-01-01

    This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new

  20. Between Law and the Exception: The UN 1267 Ombudsperson as a Hybrid Model of Legal Expertise

    NARCIS (Netherlands)

    Sullivan, G.; de Goede, M.

    2013-01-01

    Security measures taken in the name of the ‘war on terror’ have frequently been understood to operate through a domain of exception, defined as an extra-legal space of intervention where normal rules of juridical protection and due process are suspended. Yet whilst most analyses of the exception are

  1. Retrieval of Legal Information Through Discovery Layers: A Case Study Related to Indian Law Libraries

    Directory of Open Access Journals (Sweden)

    Kushwah, Shivpal Singh

    2016-09-01

    Full Text Available Purpose. The purpose of this paper is to analyze and evaluate discovery layer search tools for retrieval of legal information in Indian law libraries. This paper covers current practices in legal information retrieval with special reference to Indian academic law libraries, and analyses its importance in the domain of law.Design/Methodology/Approach. A web survey and observational study method are used to collect the data. Data related to the discovery tools were collected using email and further discussion held with the discovery layer/ tool /product developers and their representatives.Findings. Results show that most of the Indian law libraries are subscribing to bundles of legal information resources such as Hein Online, JSTOR, LexisNexis Academic, Manupatra, Westlaw India, SCC web, AIR Online (CDROM, and so on. International legal and academic resources are compatible with discovery tools because they support various standards related to online publishing and dissemination such as OAI/PMH, Open URL, MARC21, and Z39.50, but Indian legal resources such as Manupatra, Air, and SCC are not compatible with the discovery layers. The central index is one of the important components in a discovery search interface, and discovery layer services/tools could be useful for Indian law libraries also if they can include multiple legal and academic resources in their central index. But present practices and observations reveal that discovery layers are not providing facility to cover legal information resources. Therefore, in the present form, discovery tools are not very useful; they are an incomplete and half solution for Indian libraries because all available Indian legal resources available in the law libraries are not covered.Originality/Value. Very limited research or published literature is available in the area of discovery layers and their compatibility with legal information resources.

  2. Perceptions of legal status: Associations with psychosocial experiences among undocumented Latino/a immigrants.

    Science.gov (United States)

    Cobb, Cory L; Meca, Alan; Xie, Dong; Schwartz, Seth J; Moise, Rhoda K

    2017-03-01

    In the present study we used a mixed-method design to examine perceptions of legal status and their association with psychosocial experiences among undocumented Latino/a immigrants in the United States Participants were asked to compare their perceived social experiences with those of documented Latinos/as in order to determine whether differences in such perceptions might emerge and whether such perceptions might differentially impact well-being. A community sample of 140 self-reported undocumented Latino/a immigrants completed questionnaires measuring perceptions of legal status, well-being (global and psychological), perceived context of reception, and experiences of discrimination. Results indicated that individuals who perceived their experiences as different from those of documented Latinos/as due to an unauthorized legal status reported less social equality as evidenced by lower well-being, increased experiences of discrimination, and a more adverse context of reception. Moreover, individuals who perceived their social experiences as different from those of documented Latinos/as due to their legal status reported issues centering on 2 domains: limited opportunity/restricted social mobility and discrimination/unfair treatment. Theoretical and practical implications are discussed in terms of advancing theory and from a multicultural counseling perspective. (PsycINFO Database Record (c) 2017 APA, all rights reserved).

  3. Legal socialization of personality as a phenomenon of legal psychology

    Directory of Open Access Journals (Sweden)

    Borisova S.E.

    2017-01-01

    Full Text Available The relevance of the topic to the continuing importance of legal regulation of human behavior, the necessity of foreseeing the adverse consequences of social disorders and urgency of the prevention of deconditioning and deviant behavioral manifestations. In this regard, it is important to examine the phenomenon of legal socialization, causing interest among the representatives of the human Sciences and specialists in different branches of psychological knowledge. Taking into account the multidimensional nature of this phenomenon, it is an essential consideration of the trajectories of its occurrence in correlation with different interacting with other determinants. Such determinants include age psychological characteristics, experience crises of mental development, socially conditioned factors, and the influence of the professional environment. In article are characterized by individual patterns of legal socialization of a personality, revealing its essence, on the basis of summarizing opinions of scientists based on their own point of view. On the basis of the theoretical analysis made assumptions about the peculiarities of legal socialization of the individual occurring in different age periods of life; formulated likely areas for further study the phenomenon under research legal psychology.

  4. Dementia and Legal Competency

    OpenAIRE

    Filaković, Pavo; Petek Erić, Anamarija; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-01-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...

  5. Methodology in Legal Research

    Directory of Open Access Journals (Sweden)

    Tom R. Tyler

    2017-12-01

    Full Text Available Recent legal scholarship demonstrates increased attention to empirical research in the design and evaluation of law and the policies and practices of legal authorities. The growth of evidence informed law is an exciting development and one that promises to improve the legal system. In this paper I argue for the particular value of drawing not just upon empirical research methods when evaluating existing policies and practices but upon social science theories. Theory based research provides a basis for imagining and testing different models about how the legal system might operate. I support this argument by presenting research on social science frameworks for legal authority which are alternatives to the currently prevalent instrumental model.

  6. Laws of Language and Legal Language: A Study of Legal Language in Some Indonesian Regulations

    Directory of Open Access Journals (Sweden)

    Shidarta Shidarta

    2017-01-01

    Full Text Available Legal language must follow the laws of language (grammar that widely known and commonly used by the public, including groups of the scientist. Legal language on the other hand also recognizes specific terminologies. These terminologies were introduced by jurists or by legislative power holders. Accordingly, legal language became the product of legal doctrines or political decisions. The problems arose when a number of compositions and legal terms turned out to be elusive, convoluted, and ambiguous due to the pattern of writing that was once done and because of certain considerations. This article proposed reviewing the factors that result in problems. The author presented a solution to observe using hermeneutic methods of law and legal reasoning. The author argued that the text of the law was not neutral since it was trapped not only by the laws of language but also by the perspective of the interpreters as they believed such a perspective was based on the guidance of legal science. By using legal hermeneutics can be checked the depth of the meaning of the law; while over the legal reasoning can be seen its rationale according to legal science.

  7. 3D strata objectsregistration for Malaysia within the LADM framework

    NARCIS (Netherlands)

    Zulkifli, N.A.; Abdul Rahman, A.; Van Oosterom, P.J.M.

    2011-01-01

    This paper discusses 3D objects registration and modelling for cadastral objects within the Land Administration Domain Model (LADM) framework. A conceptual model as well as the associated technical model for the 2D and 3D objects have been proposed and developed for Malaysia. For both private and

  8. On Plagiarism and Power Relations in Legal Academia and Legal Education

    Directory of Open Access Journals (Sweden)

    Tilen Štajnpihler

    2017-12-01

    Full Text Available The article challenges the misconception that legal academia is a harmonious community without internal discrepancies, characterised by common interests, a coherent set of values and standards of behaviour that are unilaterally transposed into the legal profession through the process of legal education. The paper focuses on a case study of a public dispute between two law professors initiated by an article published in one of the main national law magazines wherein one accused the other of plagiarism. Even though the dispute did not come to an unequivocal conclusion, it deserves a closer examination as it clearly exposed two important issues. Firstly, it revealed certain unresolved issues concerning legal writing and legal ethics that are essential elements of the legal profession, as they have a profound impact on legal education and legal practice, and, secondly, it showed that these divergences are at least to some extent related to the latent network of power relations and struggles that dominate the legal (academic field. Este artículo cuestiona la creencia de que el mundo jurídico-académico es una comunidad armoniosa sin discrepancias internas, caracterizada por intereses comunes, valores coherentes y parámetros de comportamiento que se transponen de forma unilateral al ejercicio de la profesión jurídica a través de la educación en Derecho. El artículo se centra en el estudio de una disputa entre dos profesores de Derecho, en la cual uno acusaba al otro de plagio. A pesar de que la disputa no se resolvió de forma clara, merece un análisis más cuidadoso, ya que puso de manifiesto dos temas importantes: en primer lugar, algunos conflictos sin resolver sobre la escritura y la ética del derecho que son elementos esenciales de la profesión jurídica, pues tienen un profundo impacto sobre la educación y la práctica del Derecho; y, en segundo lugar, que estos desacuerdos están relacionados con las redes latentes de poder que

  9. THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD AND QATAR'S DOMESTIC LEGISLATION: THE POTENTIAL IMPACT ON THE MAIN LEGAL DOMAINS

    Directory of Open Access Journals (Sweden)

    PABLO RODRÍGUEZ DEL POZO

    2017-12-01

    Full Text Available Equal rights for persons with disabilities is the ultimate goal mandated by the CRPD, and it can probably be gradually achieved in Qatar as steps are taken towards reconsidering the approach to disability at large. This paper examines what impact the CRPD has on the country’s legislation. To that end, we explore how the sensitive domains –health, education, employment, and justice– need to be re-evaluated in light of the CRPD, where recent improvements in the rights of persons with disabilities in Qatar can enable compliance and where the greater challenges lie. We maintain that although legal reforms are needed for Qatar to comply with CRPD, within existing legislation there is notable potential to accommodate particular amendments that could significantly assist the move towards CRPD compliance. We suggest some structural steps aimed at improving compliance, consisting of the establishment of specific institutions, the promotion of associations that represent persons with disabilities and, above all, advancement of a fundamental shift in the way disability is perceived by society, moving away from the old medical notion of disability with its focus on special features and rehabilitation and instead adopting the social model that mandates inclusion and equality.

  10. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

    Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal

  11. Between heaven and earth: The legal challenges of human space travel

    Science.gov (United States)

    Masson-Zwaan, Tanja; Freeland, Steven

    2010-06-01

    Since the first space object was launched into orbit in 1957, humankind has been engaged in a constant effort to realise ever more ambitious plans for space travel. Probably the single most important element in this ongoing evolution is the development of technology capable of transporting large numbers of passengers into outer space on a commercial basis. Within the foreseeable future, space will no longer be the sole domain of professionally trained astronauts or the exceptionally wealthy. The prospects for both suborbital and orbital private human access to space give rise to some interesting and difficult legal questions. It also opens up an exciting opportunity to develop an adequate system of legal regulation to deal with these activities. The existing international legal regimes covering air and space activities are not well suited to large-scale commercial access to space, largely because they were developed at a time when such activities were not a principal consideration in the mind of the drafters. The lack of legal clarity represents a major challenge and must be addressed as soon as possible, to provide for appropriate standards and further encourage (not discourage) such activities. This article will examine some of the more pressing legal issues associated with the regulation of space transportation of passengers on a commercial basis, seen in the light of Article 1 of the Outer Space Treaty of 1967, which states that the 'exploration and use of outer space […] shall be carried out for the benefit and in the interests of all countries […] and shall be the province of all mankind'. An appropriate balance must be found between the commercial and technological opportunities that will arise and the principles upon which the development of international space law have thus far been based.

  12. THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

    Directory of Open Access Journals (Sweden)

    Oleksii Drozd

    2017-12-01

    Full Text Available The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin. Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different modes of cryptocurrency turnover are determined: from direct prohibition to granting the status of the official payment system. It is made on the basis of the analysis of peculiarities of the circulation of virtual money in Australia, Germany, the Netherlands, New Zealand, Singapore, Indonesia, China, the Russian Federation, Bolivia, Ecuador, Thailand, Vietnam, the USA, Japan, Spain, and some other countries. On the basis of the comparative legal study of certain provisions of the civil, administrative, tort, and criminal legislation of Ukraine, the possibilities and limits of the application of certain types of legal responsibility to violations in the field of cryptocurrency are determined. The results of the comparative legal study have shown that, unlike most foreign countries, in Ukraine, there is no legislative consolidation of the legal status of the virtual currency. In this regard, today in the national legislation, there are no direct rules that would predict the occurrence of administrative, criminal or civil liability for the offenses in the field of cryptocurrency relations. Practical impact. Since guarantees of compulsory restoration or protection of violated law play an important role in the legal regulation of any social relations, the proper legislative regulation of public relations in the sphere of crypto currency circulation is an urgent problem today, including with the help of establishing liability for the offenses in this field

  13. Additions and corrections to the cadastre of Orthoptera insects of Samarskaya Luka, on the basis of analysis of acoustic signals of males

    Directory of Open Access Journals (Sweden)

    Alexander А. Benediktov

    2017-08-01

    Full Text Available For the territory of Samarskaya Luka, at the village Bakhilova Polyana (I.I. Sprygin Zhiguli State Natural Biosphere Reserve, 25 species of Orthoptera were found in mid-July 2016. These species were identified basically by the analysis of male acoustic signals. This is 44% of the total species composition of Samarskaya Luka Orthoptera, specified in the Cadastre of invertebrates of Samarskaya Luka. The specimens belonging to the grasshopper Platychleis albopunctata (= P. intermedia auct. are clarified. The cricket Melanogryllus desertus and the locust Chorthippus dorsatus were found for the first time in the Samarskaya Luka. The species composition of the cryptic taxa of the «Chorthippus biguttulus group» of the Middle Volga region is discussed. Based on the unstable amplitude-time structure of the signals of the supposed Ch. biguttulus males from Malaya Bahilova Mountain, it is assumed that they may have a hybrid origin.

  14. Legal Aspects of Radioactive Waste Management: Relevant International Legal Instruments

    International Nuclear Information System (INIS)

    Wetherall, Anthony; Robin, Isabelle

    2014-01-01

    The responsible use of nuclear technology requires the safe and environmentally sound management of radioactive waste, for which countries need to have stringent technical, administrative and legal measures in place. The legal aspects of radioactive waste management can be found in a wide variety of legally binding and non-binding international instruments. This overview focuses on the most relevant ones, in particular those on nuclear safety, security, safeguards and civil liability for nuclear damage. It also identifies relevant regional instruments concerning environmental matters, in particular, with regard to strategic environmental assessments (SEAs), environmental impact assessments (EIAs), public access to information and participation in decision-making, as well as access to justice

  15. Legality Principle of Crimes and Punishments in Iranian Legal System

    Science.gov (United States)

    Habibzadeh, Mohammad Ja'far

    2006-01-01

    The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before. The legality principle protects individual security by ensuring basic individual…

  16. Prerequisites for Correctness in Legal Argumentation

    OpenAIRE

    Mackuvienė, Eglė

    2011-01-01

    A phenomenon called legal argumentation is analyzed in the dissertation. The aim of the thesis is to identify the prerequisites that allow to consider the legal argumentation to be correct, also to evaluate those prerequisites logically. Legal argumentation is analyzed as a phenomenon per se, without relating it to any particular arguing subject. Other dimensions of the process of making a legal decision, such as legal reasoning, legal discourse, interpretation of law and others are discu...

  17. Legal technique: approaches to section on types

    Directory of Open Access Journals (Sweden)

    І. Д. Шутак

    2015-11-01

    Full Text Available Legal technique is a branch of knowledge about the rules of doing legal work and creating in the process a variety of legal documents, which had previously been part of the theory of law. In modern conditions of the legal technique are isolated in a separate branch of legal science, focused on solving practical problems. The purpose of this article is to analyze the types of legal techniques, in particular, on the basis of theoretical propositions about legal technique to allocate substantial characteristics and types of legal technique. O. Malko and M. Matuzov consider legal technique as a set of rules, techniques, methods of preparation, creation, registration of legal documents, their classification and accounting for their excellence, efficient use. A similar meaning is investing in this concept Alekseev, determining that the legal technique is a set of tools and techniques used in accordance with accepted rules in the formulation and systematization of legal acts to ensure their perfection. So, legal technique – theoretical and applied legal science, which studies the regularities of rational legal practice in the creation, interpretation and implementation of law. In relation to the type of legal techniques in the literature proposed different classifications. For example, G. Muromtsev technique, which is used only in the field of law, divide on the technique of law-making (legislative technique, technique of law enforcement, interpretation, technique of judicial speech, interrogation, notarial activities. V. Kartashov shared legal technique on law making and enforcement (prorealtime, interpretive yourself and prevacidrebatezw, judicial or investigative, prosecutorial, and the like. Some authors clearly indicate that the criterion by which to distinguish types of legal techniques. So, S. Alekseev notes that legal technique is classified from the point of view of the legal nature of the act made on: a techniques of legal acts; b the

  18. Legality in multiple legal orders

    NARCIS (Netherlands)

    Besselink, L.F.M.; Pennings, F.J.L.; Prechal, A.

    2010-01-01

    This is the Introductory chapter to The Eclipse of the Legality Principle in the European Union, Edited by Leonard Besselink, Frans Pennings, Sacha Prechal [European Monographs, vol. 75], Kluwer Law International, Alphen aan den Rijn, 2011 [2010], xxv + 303 pp.

  19. The Development of Legal Policy and Legal Needs of Indonesian Immigration Law: Answered Partially, Forget the Rest

    Directory of Open Access Journals (Sweden)

    Bilal Dewansyah

    2015-08-01

    Full Text Available The replacement of the immigration law, from Law No. 9 of 1992 to Law No. 6 of 2011 reflected the development of immigration legal policy. As a branch of administrative law that has dynamic character, the reform immigration laws should address the immigration legal needs in practice. This paper discusses the development of Indonesian immigration legal policy and to what extent these developments address the immigration legal needs. Based on the author analyses, it can be concluded, firstly, the development of immigration legal policy, in legal direction context, emphasized to face the impact of globalization both positive and negative effects, and other developments in the future. In legal substances aspect, the current immigration legal policy change various principles immigration laws, such as the principle of selective policies are balanced with the principle of respect for human rights, although in certain settings are not in line with human rights (as in the case of the period of temporary prohibition to leave Indonesia, that can be extended continuously. In legal form and scope context, Indonesian immigration legal policy today, is more concerned with the rules of immigration law in detail than ever before. Secondly, the development of immigration legal policy answered the immigration legal needs particularly, such as in the case of human smuggling, but forget the rest of the immigration legal needs, in terms of the handling of illegal immigrants, asylum seekers and refugees.

  20. Constitutional Legal Regulation And The Reasons For The Legal Nihilism Existence In Modern Russian Society

    Directory of Open Access Journals (Sweden)

    Dmitriy E. Nekrasov

    2014-09-01

    Full Text Available In the present article questions of constitutional and legal regulation and reason for the legal nihilism existence, methods and forms of fight against legal nihilism are considered. Reasons of low legal culture in modern Russian society and ways of the population's legal literacy increase in general are allocated. These problems are extremely topical today as at the 1990th when there was a reorientation of values, ideals and the principles and legislative base was significantly changed, people were simply lost, and it was extremely difficult for them to realize and accept new, absolutely other reality. Today peculiar spiritual and valuable "reconstruct" did not pass completely and the state is obliged to help citizens to carry out it most without serious consequences and successfully. In the conclusion authors draw a conclusion that: first, the problem of legal nihilism more than ever now is particularly acute for modern Russian society. The policy of the state has to be directed by the consciousness of citizens, who understand that law is the integral and obligatory part of the order in the country and that it is one of the basic for any person. Secondly, one of the ways to overcome the legal nihilism consists in the increase of the legal culture level along with the development of effective legal policy. Thirdly, legal idealism, reevaluation of opportunities in law gains especially wide circulation in the years of changes in response to social expectations an insufficiently skilled legislator forms a belief that it is enough to adopt good laws, and all problems would be solved.

  1. Two conceptions of legal principles

    Directory of Open Access Journals (Sweden)

    Spaić Bojan

    2017-01-01

    Full Text Available The paper discusses the classical understanding of legal principles as the most general norms of a legal order, confronting it with Dworkin's and Alexy's understanding of legal principles as prima facie, unconditional commands. The analysis shows that the common, classical conception brings into question the status of legal principles as norms, by disreguarding their usefulness in judicial reasoning, while, conversely, the latterhas significant import forlegal practice and consequently for legal dogmatics. It is argued that the heuristic fruitfulness of understanding principles as optimization commands thusbecomesapparent. When we understand the relation of priciples to the idea of proportionality, as thespecific mode of their application, which is different from the supsumtive mode of applying rules, the theory of legal principles advanced by Dworkin and Alexy appears therefore to be descriptively better than others, but not without its flaws.

  2. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

    Full Text Available In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks spouses in determining each other for a heir. Legal nature of the Salian Franks affatomia is most similar to the mancipatio familiae type of will in the Roman law (which does not mean it emerged from this law, while its form in the Ripuarian Code is much closer to testamentary adoption. As with Ripuarian Franks, affatomia seems to have definitely produced legal effects only after the death of the disposant, while its legal effects with the Salian Code performed inter vivos. Contemporary authors are trying to designate the legal nature of legal affairs from the early development of human and legal civilization through modern institutes that represent the completion of their evolutionary path. Taking the inheritance contract of the German or Swiss law, or the future assets donation of the French law, for example, and then comparing them to affatomia and thinx is an anachronism. This is evident by the fact that the legal nature of these ancient Germanic institutes can not be viewed unilaterally, but always through a combination of those institutes which we know today as adoption, gift or mixed donation with retention of different modalities for the transferor or the testator (usually usufruct. In this sense, if we are looking for a inheritance agreement in the Middle Ages, the contract in which a person determines other person for his/her universal or singular successor in the modern sense, we will certainly not find one. However, if within this institute we

  3. Legal Institutions and Economic Development

    NARCIS (Netherlands)

    Beck, T.H.L.

    2010-01-01

    Legal institutions are critical for the development of market-based economies. This paper defines legal institutions and discusses different indicators to measure their quality and efficiency. It surveys a large historical and empirical literature showing the importance of legal institutions in

  4. Defining Legal Writing: An Empirical Analysis of the Legal Memorandum. LSAC Research Report Series.

    Science.gov (United States)

    Breland, Hunter M.; Hart, Frederick M.

    This study examined legal writing as it was represented in legal memoranda prepared by first-semester law students at 12 different law schools. The study was based on the cumulative judgments of the instructors and professors of law in those institutions, humanities specialists at the Educational Testing Service, and two legal consultants. A…

  5. Researches on the radioactive wastes management: advances in the domain of the conditioning and the storage

    International Nuclear Information System (INIS)

    2003-12-01

    This paper presents in the first part the researches in the domain of the radioactive wastes management at the Cea: separation processes and transmutation, the underground geologic disposal, the conditioning and the storage. The recent progresses in the domain of the conditioning and the storage are then detailed and the legal context presented. A special attention is given to the CECER of Marcoule, the expertise center on the conditioning and the storage of radioactive wastes. (A.L.B.)

  6. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

    Changes in homicide and arrest rates were compared among cohorts born before and after legalization of abortion and those who were unexposed to legalized abortion. It was found that legalized abortion improved the lives of many women as they could avoid unwanted births.

  7. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    Even though I maintain that it is a misconception to state that states are “no longer” the only actors, since they never were, indeed it makes sense to “shed light on the impact of (…) new tendencies on legal regulatory mechanisms (…)” One regulatory tendency is obviously the automation of (legal......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...... a substantial part of the components of the decisions are prefabricated. With a risk of misplacing the responsibility, this may be called the “google syndrome”. The hidden algorithms may also constitute the basis for decisions concerning individuals (the passive aspect), the “profiling syndrome”. Based on big...

  8. The legal reasoning skills. Theoretical considerations

    Directory of Open Access Journals (Sweden)

    Lisett D. Páez Cuba

    2014-06-01

    Full Text Available This research analyzes the legal reasoning as essential skills to the teaching - learning process of law. This approach is based on a theoretical systematization of the Theory of Legal Argumentation (TLA that allows the conception of law as an argumentative act itself. It also determines, as a new element, the inclusion of legal argumentation as the final phase of the law cycle, which has particular impact on the teaching of this science. In this regard, the proposal of three skills of legal reasoning is made: interpreting the law, enforce the rule of law and legally argue the legal decision.

  9. Legal capacity of persons with disabilities in Ethiopia: The need to reform existing legal frameworks.

    Science.gov (United States)

    Marishet, Mohammed Hamza

    The Convention on the Rights of Persons with Disabilities (CRPD) prohibited deprivation legal capacity of persons with disability based on assessment of mental capacity. The assertion is that, persons with disabilities shall exercise their legal capacity in all aspects of life without any restrictions that are based on mental incapacity (such as, unsoundness of mind, deficit in mental capacity, dotage, etc. This approach signifies a shift from substituted decision making, where another person act on behalf of persons with mental disabilities, to supported decision making where the person with mental disability is assisted in decision making. The rationale for the move lies on the recognition that the right to legal capacity embodies the inherent meaning of what it meant to be human. Without legal capacity a person cannot exercise all other rights and entitlements. Accordingly, States parties to CRPD are required to reform domestic legislations that are based on substituted decision making model and recognize full legal capacity of persons with disabilities in line with supported decision making model. As a Sate party to CRPD, Ethiopia assumed the same obligation. Nonetheless, in its initial report to the Committee on CRPD, the country denies existence of legislation that restricts legal capacity on the grounds of mental incapacity. This research found out that there are restrictions imposed on legal capacity of persons with disabilities on the basis of mental incapacity/disability. The research analyzed the approach employed to restrict legal capacity under the existing legal frameworks of Ethiopia vis-à-vis supported decision-making regime under CRPD. The research is doctrinal and, as such, limited to content analysis of general and specific legal capacity laws of the country (such as, marriage, divorce, will, work and employment, political participation, access to justice and others). Copyright © 2017 Elsevier Ltd. All rights reserved.

  10. Legal capacity and biomedicine: Biomedical discrimination

    Directory of Open Access Journals (Sweden)

    Cvetić Radenka

    2011-01-01

    Full Text Available The article begins with the overview of the legal capacity as a general legal qualification recognized by the legal order guaranteeing the right to be a holder of rights and obligations. The article is then focused on the scope of the absolute Constitutional guarantee of the right to legal personality as well as on the Constitutional prohibition of discrimination which gives rise to the general equality before the Constitution and the law. The focus of this article is the moment when the legal capacity, or legal personality, is considered to be acquired. It then moves to the issue whether limiting the access to techniques of assisted reproduction (biomedical conception is contrary to the general rules on legal capacity, and whether this is a genuine form of biomedical discrimination.

  11. THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

    OpenAIRE

    Oleksii Drozd; Yaroslav Lazur; Ruslan Serbin

    2017-01-01

    The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin). Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different m...

  12. LEGAL DRAFTING IN CROATIA - CASE STUDY

    Directory of Open Access Journals (Sweden)

    Dario Đerđa

    2017-01-01

    Full Text Available This paper highlights the importance of legal drafting and its essential elements, which has not drawn a lot of attention in the Republic of Croatia so far. The paper emphasises the importance of proportionality in the simplicity and legal distinctness of a legal text in the process of drafting for the purpose of its clarity. The paper also presents objective requirements necessary for quality legal drafting, as well as subjective qualities of the drafters. With the purpose of drawing attention to imperfections in the legal drafting in Croatia, some defi ciencies are presented in the process of drafting and amending of the Utility Services Act. The process of drafting and amending of this Act is a good example of the way how legal drafting should not be done. It contains a lot of defi ciencies and failures that are the result of legal drafting mistakes. At the end, authors expect that the adoption of the Uniform methodology and nomotechnical rules for the drafting of acts enacted by Parliament should contribute to the higher quality of legal texts and to their full adjustment to the general requirements of legal certainty and rule of law.

  13. medico-legal an overview of some of the key legal developments in ...

    African Journals Online (AJOL)

    Enrique

    equipped to admit a child with HIV as none of its teachers ... Head, Legal Unit, AIDS Law Project, and Centre for Applied Legal Studies, University of the Witwatersrand, Johannesburg ... once they have certified that the test or treatment is in the.

  14. Medico-legal autopsies in Denmark

    DEFF Research Database (Denmark)

    Larsen, Sara Tangmose; Lynnerup, Niels

    2011-01-01

    At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies.......At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies....

  15. The evolution and perfection of the 'Raldeg-Radinfo' radioecological information system

    International Nuclear Information System (INIS)

    Iskra, A. A.; Burykin, A. A.; Lebedev, O. G.

    2004-01-01

    000 and 1:1 000 000; Subregional - 1:200 000; Local - 1:50 000 and larger. The digital maps basic and subject-oriented layers have been determined, including the relief, administrative division, settlements, hydrography, roads, vegetation, etc. The following information is given in attributive tables of the cadastre: a brief characterization of the M and CC activity; brief characterization of the 'Severny' disposal site (geology, location, process of liquid radwaste disposal, environmental monitoring); radioecological situation in the Combine impact zone (general characteristics of the sanitary protective zone and observation zone, radioactive contamination of the atmospheric air, rivers and other water objects, radioactive contamination of fish in the Yenisei River, population dose rates). Works aimed at formation of a radioecological GIS-cadastre of the North-West Russia are on. The following components of the system have already been prepared: a local radioecological cadastre of the Kola NPP; digital 1:1 000 000 maps of the region administrative division and radiation-hazardous objects location; the Murmansk oblast map showing Kola NPP and radiation monitoring points in the 100-km observation zone; a digitized sketchy map of the Kola NPP radioactive waste storage facilities location. Two databases, one of them on main sources of radioactive contamination in areas around nuclear power plants in the Russian Federation, and the other - on legal, methodological and regulatory documents related to environmental radioprotection, have been formed. (authors)

  16. Big data; sensor networks and remotely-sensed data for mapping; feature extraction from lidar

    Science.gov (United States)

    Tlhabano, Lorato

    2018-05-01

    Unmanned aerial vehicles (UAVs) can be used for mapping in the close range domain, combining aerial and terrestrial photogrammetry and now the emergence of affordable platforms to carry these technologies has opened up new opportunities for mapping and modeling cadastral boundaries. At the current state mainly low cost UAVs fitted with sensors are used in mapping projects with low budgets, the amount of data produced by the UAVs can be enormous hence the need for big data techniques' and concepts. The past couple of years have witnessed the dramatic rise of low-cost UAVs fitted with high tech Lidar sensors and as such the UAVS have now reached a level of practical reliability and professionalism which allow the use of these systems as mapping platforms. UAV based mapping provides not only the required accuracy with respect to cadastral laws and policies as well as requirements for feature extraction from the data sets and maps produced, UAVs are also competitive to other measurement technologies in terms of economic aspects. In the following an overview on how the various technologies of UAVs, big data concepts and lidar sensor technologies can work together to revolutionize cadastral mapping particularly in Africa and as a test case Botswana in particular will be used to investigate these technologies. These technologies can be combined to efficiently provide cadastral mapping in difficult to reach areas and over large areas of land similar to the Land Administration Procedures, Capacity and Systems (LAPCAS) exercise which was recently undertaken by the Botswana government, we will show how the uses of UAVS fitted with lidar sensor and utilizing big data concepts could have reduced not only costs and time for our government but also how UAVS could have provided more detailed cadastral maps.

  17. Legal reality of Russia: constants and variables

    Directory of Open Access Journals (Sweden)

    Andrey Valeryevich Skorobogatov

    2015-06-01

    Full Text Available Objective to develop the sciencebased knowledge about essential and substantial aspects of the current legal reality of Russia in the context of postclassical paradigm. Methods the methodological basis of this research is the synthesis of classical and postclassical paradigms that determine the choice of specific methods of research formallegal comparative legal modeling method hermeneutic discursive methods. Results basing on the postclassical methodology it is proved that the legal reality of Russia consists of three levels legislation law enforcement and legal behavior. The determinant level of legal reality is legal behavior that is aimed at observing the unwritten rules. The legal reality of Russia is characterized by a transgressive state of the modern Russian society expressed in broad application of nonlegislative nonlegal practices low level of legal culture legal nihilism and legal infantilism. Scientific novelty the article for the first time analyzes the ontological and phenomenological essence of the legal reality in Russia and determines its transgressive nature at the present stage of development. Practical value the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering questions about the nature and content of legal development. nbsp

  18. LEGAL PROTECTION VERSUS LEGAL CONSCIOUSNESS (The changing Perspective in Law and Society Research

    Directory of Open Access Journals (Sweden)

    Muhammad Helmy Hakim

    2016-05-01

    Full Text Available Considering the important role of historical, cultural, social, and attitudinal aspects in the study of law, there has been a shift from instrumental law to constitutive law. While instrumental law considers law beyond the social and cultural spheres, constitutive law integrally embraces law, politics, ideology, and action. Legal consciousness is an important asset for marginalised people who are at high risk of discriminative treatments in occupational and social life. Not only will they are legally aware of their rights and obligations at works, they will have adequate knowledge of where and how to name, blame, and claim in case mistreatment do occur. Legally proficient will allow them build legal protection which is not adequately provided by the authorized bodies.

  19. Adjustment of legally binding local plans

    DEFF Research Database (Denmark)

    Hvingel, Line Træholt; Aunsborg, Christian; Christensen, Finn Kjær

    2012-01-01

    Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment ...... the considerations of legal rights, the extend of the legal use of empowerment provisions and the combination of the use of legal binding local plans and other legal instruments such as easements and sales agreements.......Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment...... provisions’ which empower the municipalities to later ruling. This way of making plans postpones the actual regulation of an area (i.e. the planning permission) making it an individual ruling for instance at the application of building permits. Case studies show examples of this way of regulating an area...

  20. Real Estate Value Tax Based on the Latvian Experience

    Directory of Open Access Journals (Sweden)

    Hełdak Maria

    2015-02-01

    Full Text Available The article deals with the subject of the planned real estate changes in Poland as viewed in relation to the solutions accepted in Latvia. The current basis for real estate tax is a set fee per 1m² of the estate’s area established in a town council resolution, taking into account the maximum fees established by the Minister of Finances. Currently, the owners of real estates with identical area often pay the same tax regardless of the location, condition and function of the real estate formulated in the plan. The cadastral tax currently in preparation addresses these and other features which influence the value of real estate. A set cadastral value approximate to the market value will serve as the basis for determining the cadastral tax. The principles of real estate tax retrieval in Poland are not clearly established which is why it might prove useful to use the experience of other countries undergoing similar governmental changes. The article makes references to tax solutions recognized in Latvia in the domain of tax fees, valuation principles and problems accompanying real estate tax retrieval.

  1. Marketing legal services on the Internet

    Directory of Open Access Journals (Sweden)

    Alicja Mikołajczyk

    2014-09-01

    Full Text Available This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The article presents legal restrictions in the market, with emphasis to fundamental barriers that prevent implementation of traditional marketing tools and techniques broadly available in market communication. The second part presents selected tools of online marketing applicable in promotion of legal services, examplified with their use in practice.

  2. The changing purpose of mental health law: From medicalism to legalism to new legalism.

    Science.gov (United States)

    Brown, Jennifer

    2016-01-01

    The role of law in regulating mental health detention has come to engender great contention in the legal and sociological disciplines alike. This conflict is multifaceted but is centred upon the extent to which law should control the psychiatric power of detention. In this manner the evolution of law regulating mental health detention has been seen in terms of a pendulous movement between two extremes of medicalism and legalism. Drawing on socio-legal literature, legislation, international treaties and case law this article examines the changing purpose of mental health law from an English and Council of Europe perspective by utilizing the concepts of medicalism, legalism and new legalism as descriptive devices before arguing that the UN Convention on the Rights of Persons with Disabilities goes further than all of these concepts and has the potential to influence mental health laws internationally. Copyright © 2016 Elsevier Ltd. All rights reserved.

  3. Belief and legal philosophy: a conceptual framework for Christian scholarship in undergraduate legal education

    Directory of Open Access Journals (Sweden)

    S. de Freitas

    2009-07-01

    Full Text Available Legal education in South Africa has arrived at a discursive juncture that demands clarity on what the “purpose” of legal education should be. Debate on the purpose of legal education, more specifically for the Christian law student, becomes especially important in a society dominated by positivism, mate-rialism and pragmatism. With specific reference to the under-graduate Christian law student, this article firstly explains that the purpose of legal education should include the nurturing of the student’s belief – a belief encompassing his/her foun-dational perspective(s on reality. Secondly, in order to achieve the proper nurturing and development of the Christian law student’s belief, the importance of the teaching of legal philo-sophy is explained. In this regard, proposals are postulated pertaining to specific means by which such nurturing and development of the undergraduate Christian law student’s foundational belief can be attained.

  4. INTERACTION OF EUROPEAN AND RUSSIAN LEGAL CONSCIOUSNESS

    Directory of Open Access Journals (Sweden)

    A. Tyrtyshny

    2015-01-01

    Full Text Available This article provides an overview of certain ideologemes of Western (European and Russian legal consciousness – prominent works of Ivan Ilyin and Duncan Kennedy are taken as examples. The article analyzes the tabula rasa principle and its place in legal consciousness. We use legal scholarship, judicial practice and opinion polls to examine the relationship between legal consciousness and the lack of trust in Russian courts, as well as their inefficiency from the point of view of public opinion. There are a number of shocking cases of torture of innocent people by the Russian police. Why is this so? The answer lies in the legal consciousness of police officers and of judges. This is something that has been inherited from the Soviet period. It is completely different from the Western legal consciousness, one of the key features of which is denial of authority. The critical legal studies branch of American legal realism almost denies the very existence of law, and, perhaps for this reason, American culture is less open to abuses like torture. At the same time, there is no possibility to shift legal consciousness immediately, the tabula rasa principle does not work. The final objective of the article is to provide a perspective on the reform of higher legal education and its relation to legal consciousness and legal anthropology. We propose that a greater part of the university curriculum is devoted to legal anthropology.

  5. Telemedicine: The legal framework (or the lack of it) in Europe.

    Science.gov (United States)

    Raposo, Vera Lúcia

    2016-01-01

    In the framework of European law telemedicine is, simultaneously, a health service and an information service, therefore, both regulations apply. In what concerns healthcare and the practice of medicine there are no uniform regulations at the European level. Concerning health services the most relevant achievement to regulate this domain is Directive 2011/24/EU. In what regards information and telecommunications we must have in consideration Directive 95/46/EU, Directive 2000/31/EC and Directive 2002/58/EC. However, many issues still lack uniform regulation, mainly the domain of medical liability and of medical leges artis. Probably such standardization will never take place, since the European Union does not have, until now, a common set of norms regarding tort and criminal liability, much less specific legal norms on medical liability. These gaps may jeopardize a truly European internal market in health services and hamper the development of telemedicine in the European zone.

  6. One World? One Law? One Global Legal System? Modern Law and Socio-Legal Communities

    OpenAIRE

    Werner Krawietz

    2014-01-01

    In the present article the author considers the issues connected with globalization and structural changes in the contemporary societies. In author’s opinion, development of legal regulation encompasses not only the practical and theoretical argumentation in the law. It also includes the informative and communicative perspectives of our analytical and conceptual legal thinking and of our legal world-outlook which is formed accordingly to the social world of law. The author stresses that there...

  7. Marketing legal services on the Internet

    OpenAIRE

    Alicja Mikołajczyk

    2014-01-01

    This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The artic...

  8. Abortion legalized: challenges ahead.

    Science.gov (United States)

    Singh, M; Jha, R

    2007-01-01

    To see whether advocacy for abortion law and comprehensive abortion care (CAC) sites after legalization of abortion in Nepal is adequate among educated people (above school leaving certificate). 150 participants were assigned randomly who agreed to be in the survey and were given structured questionnaires to find out their perception of abortion and CAC sites. Majority know abortion is legalized and majority have positive attitude about legalization of abortion, however majority are not aware of abortion service in CAC sites and none knew the cost of abortion service. Proper and adequate advocacy of the new abortion law and CAC service is essential.

  9. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

    Legal Advisers from twelve international organizations belonging to the United Nations Organization's family met at the Agency's Headquarters in Vienna on 19 and 20 May to discuss legal problems of common administrative interest. The meeting was held on the initiative of the Agency while the UN Conference on the Law of Treaties was taking place in Vienna during April and May. With Mr. Constantin A. Stavropoulos, Under-Secretary, Legal Counsel of the United Nations, as chairman, this was the second meeting of Legal Advisers since 1954. The following organizations were represented: Food and Agriculture Organization of the United Nations, International Atomic Energy Agency, International Bank for Reconstruction and Development, International Civil Aviation Organization, International Labour Organisation, Inter-Governmental Maritime Consultative Organization, International Monetary Fund, International Telecommunication Union, United Nations, United Nations Educational, Scientific and Cultural Organization, United Nations Industrial Development Organization, World Health Organization. Topics discussed included the recruitment of legal staff and possible exchange of staff between organizations; competence and procedure of internal appeals committees, experience with cases before the Administrative Tribunals and evaluation of their judgments; experience with Staff Credit Unions; privileges and immunities of international organizations; headquarters and host government agreements; and patent policies of international organizations. Consultations will continue through correspondence and further meetings. (author)

  10. Abortion Legalization and Adolescent Substance Use

    OpenAIRE

    Charles, Kerwin Kofi; Stephens, Melvin, Jr

    2006-01-01

    We assess whether in utero exposure to legalized abortion in the early 1970's affected individuals' propensities to use controlled substances as adolescents. We exploit the fact that some states legalized abortion before national legalization in 1973 to compare differences in substance use for adolescents across birth cohorts in different states. We find that persons exposed to early legalization were, on average, much less likely to use controlled substances. We also assess how substance use...

  11. LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. BUTCULESCU

    2014-05-01

    Full Text Available Mediation, as an alternative dispute resolution method, is closely connected with the system of legal cultures. Mediation is an important link between legal culture and the judicial system. Mediation also acts as an interface between internal legal culture and external legal culture. This paper addresses the issues regarding the links and interactions between mediation and legal cultures, as well as the effects that arise from these interactions.

  12. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

    What is a commission within the Staff Association (SA)? A commission is a working group of the CERN Staff Council, led by a staff representative. The commission is composed mainly of staff representatives, but interested members of the SA can apply to participate in the work of a commission. What is the commission on legal matters? The commission on legal matters works on texts governing the employment conditions of staff (Employed Members of Personnel and Associated Members of Personnel). This covers legal documents such as the Staff Rules and Regulations, administrative and operational circulars, as well as any other document relating to employment conditions. How is the work organised in this commission? The revision process of the text is generally done along following lines: The HR department, and its legal experts, proposes new texts or modifications to existing texts. A schedule for the study of these texts is established each year and this calendar by the commission to plan its work. The new or modi...

  13. The Multiplication Effect of Legal Insurance

    NARCIS (Netherlands)

    J.P.B. De Mot (Jef); B. Depoorter (Ben); M.G. Faure (Michael)

    2016-01-01

    textabstractBecause legal insurance policies cover the expenses of plaintiffs in bringing legal claims, such policies increase the risk of negligent or careless acts by tortfeasors. For this reason, potential tortfeasors would prefer to avoid injuring holders of legal insurance policies. Since

  14. Can legal research benefit from evaluation studies?

    Directory of Open Access Journals (Sweden)

    Frans L. Leeuw

    2011-01-01

    Full Text Available The article describes what evaluation studies have to offer to legal research. Several cases and types of evaluations are presented, in relation to legal or semi-legal questions. Also, a short overview of the contemporary history of evaluation studies is presented. Finally, it will address the question of how to ensure that in legal research and in legal training attention is paid to theories, designs and methods of evaluation studies.

  15. 45 CFR 400.115 - Establishing legal responsibility.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 2 2010-10-01 2010-10-01 false Establishing legal responsibility. 400.115 Section... Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that legal responsibility is established, including legal custody and/or guardianship, as appropriate, in accordance with...

  16. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2015-11-01

    Full Text Available This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On the other hand, the negative effects of communication leading to the deterioration of the legal message, so that much of the legal message becomes legal noise. Another negative effect of miscommunication of law is the phenomenon of legislative inflation, which has a profound impact on the way in which legal rules are understood and respected by community members. All these negative effects produce serious consequencesin civil law, company law, tax law, and in many other areas of law.

  17. Towards enhanced public access to legal information : A proposal for official networked one-stop legal information websites

    NARCIS (Netherlands)

    Mitee, Leesi Ebenezer

    2018-01-01

    Abstract: This article identifies the publishing of fragments of legal information on multiple, isolated official legal information websites (OLIWs) as the major factor underlying the existing problems in locating the available official online legal information of all levels of government (national,

  18. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

    Presents two opposing viewpoints concerning the legalization of drugs. States that control efforts are not cost effective and suggests that legalization with efforts at education is a better course of action (W. Chambliss). The opposing argument contends that the cost in human suffering negates any savings in dollars gained through legalization…

  19. Legal Coordinator | IDRC - International Development Research ...

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

    Develops systems and procedures for administering and tracking legal undertakings, coordinates and consolidates the legal information in order to meet deadlines. • Collaborates with the Secretary and General Counsel to ensure that all legal issues are handled efficiently, while respecting the highly confidential nature of ...

  20. Legal clinic gender sensitive method for law students

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2008-01-01

    Full Text Available In this paper, the authors discuss models of integrating gender issues, gender perspective and some gender aspects into the university education. In that context, the authors particularly focus on the concept of clinical legal education in legal clinics offering a specific practical model of teaching gender studies. Legal clinics provide for an innovative approach to gender education of prospective legal professional. The teaching method used in these legal clinics is aimed at raising students' awareness of gender issues and common gender-related biases. In the recent period, the Legal Clinic at the Law Faculty in Niš has achieved excellent results in the Clinical legal education program on the women's rights protection, which clearly proves that legal clinics have good prospects in general legal education.

  1. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious...... refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural...... identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals’ conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment...

  2. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

    This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors' interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an 'opt in' (or default) legal capital regime is unlikely to be a useful mechanism. However, the advent of regulatory arbitrage in European corporate law will provide a way of gathering information regarding investors' prefe...

  3. Legal Regimes of Official Information in Ukraine

    Directory of Open Access Journals (Sweden)

    Serhii Yesimov

    2018-04-01

    Full Text Available In the article on the basis of the methodology of system analysis the legal nature and sources of legal regulation of the legal regime of official information in Ukraine in the conditions of adaptation of Ukrainian legislation to the legislation of the European Union are considered. A comparative legal analysis of official information in the public-law and private-law spheres in the context of legal regimes of restricted information, confidential information and information classified as state secrets has been conducted.

  4. Economic and legal consequences of concluded apparent legal on national interests in Montenegro

    Directory of Open Access Journals (Sweden)

    Vuksanović Draginja

    2017-01-01

    Full Text Available Concluding contracts on long-term leases of state-owned properties, beaches and bathing grounds should bring about positive economic effects through the payment of lease fees and the construction of tourist complexes, which in turn should be reflected on the development of tourism, and therefore on a better quality of life of citizens. In order to have legal effect, a contract as a legal transaction must be concluded in accordance with positive legal regulations. The respect for the institution of public order is the only condition limiting the fundamental principle of the law of obligations - the freedom of contract (autonomy of will. Through a detailed legal analysis, we want to draw attention to the examples of contracts on long-term leases that are unlawful. It is a particular type of apparent legal transactions (simulated contracts, because in concluding contracts on long-term leases of state-owned property, leases are simulated in public, while the contracts actually contain elements of sales. It is particularly interesting that the lessor in the concluded contracts is a relevant state authority (a ministry, on whose behalf the contract is signed by an authorized representative who had also led the negotiations with foreign investors. The consequences of such contracts negatively influence the economic development, tourism industry, and therefore also the standard of living of citizens.

  5. The Legal Ethical Backbone of Conscientious Refusal.

    Science.gov (United States)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals' conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment, and this requirement is found to create serious problems for those wishing to defend the idea under consideration. We conclude that the notion of a legal right to conscientious refusal for any profession is either fundamentally incompatible with elementary legal ethical requirements, or implausible because it undermines the functioning of a related professional sector (healthcare) or even of society as a whole.

  6. Civil legal responsibility for environmental pollution

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan L.

    2015-01-01

    Full Text Available Serbia's EU accession process has actualised the need to harmonise our legislation with the common legal regulations of the European community of nations. The accelerated economic growth produces environmental challenges associated with harmful emissions. This paper gives an account of international declarations, conventions, directives and other state and civil society instruments of legal protection against the environmental damage. A special focus is placed on our positive legislation and enforcement of legal regulations in ensuring the civil legal responsibility, i.e. prevention of the occurrence of damage and indemnification for the damage caused.

  7. LEGAL CONSEQUENCES OF MERGERS AND ACQUISITIONS

    Directory of Open Access Journals (Sweden)

    Amelia-Raluca ONIŞOR

    2016-05-01

    Full Text Available The research analyses the legal effects of mergers and acquisitions from the Romanian Company Law perspective, underlining certain general principles, the procedure of annulment of such a legal transformation of companies and the protection of the employees of companies participating in the merger according to the Law no. 67/2006. These consequences of mergers and acquisions are to be seen in the broader light of the most important purpose of this legal instrument, maximizing financial and organizational efficiencies, thus legal certainty is a desirable goal to be assumed by any merger regulation.

  8. Legal mentality: the interpretation of the scientific discourse

    Directory of Open Access Journals (Sweden)

    Ігор Олексійович Поліщук

    2016-06-01

    Full Text Available The article deals with the specifics of the interpretation of «legal mentality ‘category in different scientific concepts. The most authoritative study of the mentality directions: social psychology, which is based on the sociological theory of E. Durkheim; general psychology, theory of archetypes as the basis of the «collective unconscious,» K. Jung, the concept of «social character», V. Rayh. Legal mentality – a deep, well-established system of views and opinions of a particular social group, class, stratum, people, nation or community to another institute of law, peculiarities of its application and role in society. The specifics of the legal mentality lies in its visual Depending on historical traditions and culture of a particular nation. This necessitates mandatory accounting features of the legal mentality of the people in the legislative process. Formation of legal culture of the people is impossible without its primer on its historical traditions, culture and language. Revival Ukrainian legal culture consistent with modern legal policy polyarchy. Despite the trend of integration of their own political, economic and legal systems in the European community of the European Union member states to carefully refer to the national legal traditions. National mentality and its features are reflected in the legal submissions which are contained in proverbs, sayings, myths, thoughts, tales, is the oral form of manifestation of the people's legal culture, as well as reflected in the customs, traditions, ways of working, which were made in the legal daily on throughout the history of the people. In addition, the features appear in the national legal notions and reactions in relation to such objects of political and legal reality as a state, local government, law, crime, punishment, the court, the trial, the political leaders, customs reform, civil servants, family, inheritance, labor, property, and so on. It is noted that in legal science

  9. Action-Based Jurisprudence: Praxeological Legal Theory in Relation to Economic Theory, Ethics, and Legal Practice

    Directory of Open Access Journals (Sweden)

    Konrad Graf

    2011-08-01

    Full Text Available Action-based legal theory is a discrete branch of praxeology and the basis of an emerging school of jurisprudence related to, but distinct from, natural law. Legal theory and economic theory share content that is part of praxeology itself: the action axiom, the a priori of argumentation, universalizable property theory, and counterfactual-deductive methodology. Praxeological property-norm justification is separate from the strictly ethical “ought” question of selecting ends in an action context. Examples of action-based jurisprudence are found in existing “Austro-libertarian” literature. Legal theory and legal practice must remain distinct and work closely together if justice is to be found in real cases. Legal theorizing was shaped in religious ethical contexts, which contributed to confused field boundaries between law and ethics. The carrot and stick influence of rulers on theorists has distorted conventional economics and jurisprudence in particular directions over the course of centuries. An action-based approach is relatively immune to such sources of distortion in its methods and conclusions, but has tended historically to be marginalized from conventional institutions for this same reason.

  10. Organizational Factors Affecting Legalization in Education.

    Science.gov (United States)

    Meyer, John W.

    Legalization here refers to the introduction into the educational system of new legal rules, emanating from outside the routine channels of educational management. It includes general legal rules from legislation, from the courts, or from higher administrative levels. The key to the definition is lack of integration of the new rules with the main…

  11. La Medicina Legal en Antioquia: primera parte Legal medicine in Antioquia: first part

    Directory of Open Access Journals (Sweden)

    Carlos Enrique Escobar Gónima

    2002-02-01

    Full Text Available Este artículo describe aspectos históricos de la Medicina legal en Antioquia, con énfasis en las personas que fueron importantes para su desarrollo inicial. THIS WORK DESCRIBES HISTORICAL aspects of legal medicine in Antioquia, Colombia. Emphasis is done on people who were important in its initial development.

  12. Morocco : Legal and Judicial Sector Assessment

    OpenAIRE

    World Bank

    2003-01-01

    The overall legal framework in Morocco is not a priority area for reform. The law-making process, however, is weak, resulting in poorly drafted laws, and legal dissemination is inadequate. Legal education relies upon outdated curricula and is offered in competing languages, French and Arabic, the selection of which largely determines students' choices for future employment. The training of...

  13. The Theory of the Legal State

    Directory of Open Access Journals (Sweden)

    L. J. Du Plessis

    1981-03-01

    Full Text Available In this article, which has not been published before, the late Prof. du Plessis lays bare the philosophical roots of the liberal-democratic state, or the legal state, as he preferred to call it. After a recapitulative version of the theory of the legal state, het indicates the origin of this form in Greek philosophy and in Medieval thought. The stress, however, is on the Modem Era, in which he distinuishes two main periods in the development of the theory of the legal state:the jusnaturalistic period and thepositivistic or formal period.He argues that positivism has destroyed the original ideal o f individual freedom in facts by regarding justice as a purely formal matter susceptible to any content. All guarantees for individual freedom which rested on a universal normative system fe ll away. The state defines its own competence and limits itself to legal forms in all its activities. The legal state thus merely becomes the state, any state as determined by fixed rules o f its own making to which it binds itselfin all its functioning. Law sinks to a mere form in which the juristic personality of the state manifests its supremacy, and from this there is only one step to the concept that the state is identical with law, so that any state necessarily is a legal state, and any state action which is formally correct, is legal. The article concludes with a brief representation o f the author’s own political and legal vision.

  14. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

    A complete discussion of intellectual property (IP), faculty rights, and the public good requires a thorough framing of higher education's legal context, from which the rise of legalistic criteria (or legalization) and current IP regime have grown.

  15. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

    Full Text Available Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regulation analysis in scientific literature has been rather limited. The European Commission, together with the High Representative of the Union for Foreign Affairs and Security Policy, has published a cybersecurity strategy alongside a Commission proposed directive on network and information security (NIS. The cybersecurity strategy – “An Open, Safe and Secure Cyberspace” - represents the EU’s comprehensive vision on how best to prevent and respond to cyber disruptions and attacks. The purpose of its is to further European values of freedom and democracy and ensure the digital economy can safely grow. Specific actions are aimed at enhancing cyber resilience of information systems, reducing cybercrime and strengthening EU international cyber-security policy and cyber defence. The main goal of the paper is to analyze and compare the EU cybersecurity strategy and experience of several foreign countries with the strategic legal regulation of cybersecurity in Lithuania. The article consists of four parts. The first part dealt with the EU cybersecurity strategy. The second part of the article examines the comparative aspect of foreign cybersecurity strategic legal regulation. The third part deals with attempts in Lithuania to draft cybersecurity law and the holistic approach of cybersecurity legal regulation. The fourth part examines Lithuanian cybersecurity strategy and comments on the main probleas related with the strategy. Several different approaches

  16. The users of legal information

    Directory of Open Access Journals (Sweden)

    Fabio Assis Pinho

    2012-04-01

    Full Text Available The decision making needs must be based on current and reliable information, especially in legal environments. In Brazil, the changes in legislation are constants because of the enactments of the provisional measures. In this sense, it is necessary to know the sources and changes to satisfy the needs of users of legal area. Therefore, through an exploratory research, it aimed to do a user study, experts on legal aspects in the law library of the Regional Procurator of the Republic of the 5th Region (Brazil, which is a unit belonging to Brazil's Federal Public Ministry, with the use of a questionnaire as data collection tool. The results shows that users of legal information is more demanding and expert in their search and uses various sources, because their information needs has a high degree of difficulty.

  17. Legal Marketing and Lawyer's Communication

    Directory of Open Access Journals (Sweden)

    Sara Casolaro

    2016-09-01

    Full Text Available The application of marketing strategies to the law firm represents a breakthrough in Italy which has struggled to establish itself as a result of a culture based on a strict code of ethics. However, in recent years there has been a turnaround and the benefits arising from the application to legal profession of the typical principles of enterprises are increasingly evident.   Il marketing legale e la comunicazione dell’avvocato L’applicazione delle strategie di marketing allo studio legale rappresenta un’innovazione che in Italia ha stentato a imporsi a causa di una cultura basata su una rigida deontologia. Tuttavia, negli ultimi anni vi è stata un’inversione di tendenza e i benefici derivanti dall’applicazione alla professione forense dei princìpi tipici delle imprese sono sempre più evidenti. Parole chiave: marketing, studio legale, comunicazione

  18. Legal Translation Dictionaries for Learners

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2010-01-01

    in conditional clauses. When translating into languages not allowing such structures, for instance, English and French, learners need their legal translation dictionaries to help them with both the legal terms and the syntactic structures. The uses of textual conventions that characterise the legal genre vary....... Lexicographers should therefore design their dictionaries so that they contain intra-lingual or contrastive descriptions of the relevant genre conventions. As illustrated in Nielsen (2000) whether the best solution is to retain the genre conventions found in the SL text or to adopt the conventions used in TL...

  19. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

    One disadvantage of the rapid advances in modern dentistry is that treatment options have never been more varied or confusing. Compounded by a more educated population greatly assisted by online information in an increasingly litigious society, a major concern in recent times is increased litigation against health practitioners. The manner in which courts handle disputes is ambiguous and what is considered fair or just may not be reflected in the judicial process. Although legal decisions in Australia follow a doctrine of precedent, the law is not static and is often reflected by community sentiment. In medical litigation, this has seen the rejection of the Bolam principle with a preference towards greater patient rights. Recent court decisions may change the practice of dentistry and it is important that the clinician is not caught unaware. The aim of this article is to discuss legal issues that are pertinent to the practice of modern dentistry through an analysis of legal cases that have shaped health law. Through these discussions, the importance of continuing professional development, professional association and informed consent will be realized as a means to limit the legal complications of dental practice. © 2014 Australian Dental Association.

  20. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    OpenAIRE

    Claudiu Ramon D. Butculescu

    2015-01-01

    This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On th...

  1. Studying Legal Cultures and Encounters?

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2015-01-01

    This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...

  2. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

    Gribnau, J.L.M.; Soeteman, A.

    2003-01-01

    Instrumentalist legislation usually underestimates the importance of legal principles in modern law. Legal principles are the normative core of a value oriented conception of law. They function as essential criteria of evaluation for lawmaking by the legislator and the executive. In fact,

  3. €œLegal Boundaries of Online Advertising"

    OpenAIRE

    Gürkaynak, Gönenç; Yılmaz, İlay; Yeşilaltay, Burak

    2014-01-01

    This contribution discusses the legal framework of online advertising and common legal issues pertaining thereto. This paper also addresses the implementation of general legal provisions to online advertising issues in different jurisdictions and the diversity of approaches. It provides the legal boundaries that are specifically applicable to online advertising. The paper then provides a legal analysis on online advertising with a focus on Turkish laws and practice. In the conclusion, there a...

  4. Constructing collaborative communities of researchers in the environmental domain. A case study of interdisciplinary research between legal scholars and policy analysts

    NARCIS (Netherlands)

    van Rijswick, Marleen; bruzzone, silvia; Larrue, Corinne; Wiering, Mark; Crabbé, Ann

    2016-01-01

    The article offers an analysis of the interactions between legal and policy science researchers within a European project on flood risk management using a “Policy Arrangement Approach” (PAA). While interdisciplinary research is increasingly becoming a ‘must’ in environmental governance, under what

  5. Legal Knowledge and Agility in Public Administration

    NARCIS (Netherlands)

    Boer, A.; van Engers, T.

    2013-01-01

    To address agility in public administration, we have developed a knowledge acquisition infrastructure for legal knowledge, based on an implementation-oriented conceptualization of the legal system. Our objective is to reframe legal knowledge as a knowledge source in a design-oriented task ontology,

  6. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

  7. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    2004-01-01

    Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

  8. Clients’ perceptions of the quality of care in Mexico City’s public-sector legal abortion program

    Science.gov (United States)

    Becker, Davida; Díaz-Olavarrieta, Claudia; Juárez, Clara; García, Sandra G.; Sanhueza, Patricio; Harper, Cynthia C.

    2014-01-01

    Context In 2007 the Mexico City legislature made the groundbreaking decision to legalize first trimester abortion. Limited research has been conducted to understand clients’ perceptions of the abortion services available in public sector facilities. Methods We measured clients’ perceptions of quality of care at three public sector sites in Mexico City in 2009 (n=402). We assessed six domains of quality of care (client-staff interaction, information provision, technical competence, post-abortion contraceptive services, accessibility, and the facility environment), and conducted ordinal logistic regression analysis to identify which domains were important to women for their overall evaluation of care. We measured the association of overall service evaluation with socio-demographic factors and abortion-visit characteristics, in addition to specific quality of care domains. Results Clients reported a high quality of care for abortion services with an overall mean rating of 8.8 out of 10. Multivariable analysis showed that important domains for high evaluation included client perception of doctor as technically skilled (pabortion and post-abortion emotions (pabortion care in Mexico City. Strategies to improve clients’ service experiences should focus on improving counseling, service accessibility and waiting time. PMID:22227626

  9. Legal highs on the Internet.

    Science.gov (United States)

    Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen

    2010-02-01

    This article describes the findings of a descriptive analysis of 27 online drug retailers selling legal alternatives to illegal drugs, commonly referred to as "herbal highs" and "legal highs" in 2008 . The study attempted to quantify the online availability of drug retailers, to describe common products and characteristics in EU-based retail sales. The findings highlight the concern about the lack of objective information about products offered, including potential risks to health. Systems should be developed to assess the contents of products and the accuracy of information provided on the Internet, alongside continued monitoring of this market for "legal high" substances.

  10. ACCESSORIES OF FISCAL OBLIGATION. LEGAL REGIME

    Directory of Open Access Journals (Sweden)

    RADA POSTOLACHE

    2012-05-01

    Full Text Available The interest – which is an institution typical to private law, has been taken over by the fiscal field and adapted to the specific features of fiscal obligation – being defined by its imperative legal regime, which has at the least the following characteristic elements: unitary character, imposed legal percentage, compulsory demand of interest, automatic application. In order to render responsible fiscal debtors, the lawmaker has reintroduced, as an accessory of fiscal obligation, delayed payment penalties, which have a distinct nature and legal regime, but without the principle non bis in idem being transgressed. Our study aims to establish the legal regime ofaccessories typical to fiscal obligation, from the perspective of special normative acts, but also of the common law within the field – Civil Code and Government Ordinance No. 13/2011 – by pointing out at the same time both the particular circumstances and procedural ones regulated by the Fiscal Procedure Code, shedding light upon the controversial legal nature of accessories.

  11. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

    Full Text Available Legal pluralism calls into question the monopoly of the modern state when it comes to the production and the enforcement of norms. It rests on the assumption that juridical normativity and state organization can be dissociated. From an early modern historian’s perspective, such an assumption makes perfect sense, the plural nature of the legal order being the natural state of affairs in imperial spaces across the globe in the sixteenth and seventeenth centuries. This article will provide a case study of the collaborative nature of the interaction between spiritual and temporal legal orders in Spain and its overseas territories as conceived by Tomás de Mercado (ca. 1520–1575, a major theologian from the School of Salamanca. His treatise on trade and contracts (1571 contained an extended discussion of the government’s attempt to regulate the grain market by imposing a maximum price. It will be argued that Mercado’s view on the bindingness of economic regulations in conscience allowed for the internalization of the regulatory power of the nascent state. He called upon confessors to be strict enforcers of state law, considering them as fathers of the republic as much as fathers of faith. This is illustrative of the »collaborative form of legal pluralism« typical of the osmotic relationship between Church and State in the early modern Spanish empire. It contributed to the moral justification of state jurisdictions, while at the same time, guaranteeing a privileged role for theologians and religious leaders in running the affairs of the state.

  12. Health Law as a Legal Discipline

    DEFF Research Database (Denmark)

    Madsen, Helle Bødker

    2011-01-01

    The issue of how to dispose of aborted foetuses is a sensitive ethical and legal issue which relates directly to the legal status of the foetus. An illustrative example of this issue’s practical legal relevance is the Danish Council of Ethics’ recommendation of March 3, 2011, in reply...... to the Municipality of Odense regarding the establishment of a separate anonymous lawn for aborted foetuses at the town’s principal cemetery in order to provide parents with a free and optional alternative to the current procedure.The aim of this article is to analyse death before life in Danish law and to offer some...... general reflections on the legal status of cadaveric foetuses....

  13. [THE SIGNIFICANCE OF THE LEGAL PERSPECTIVE - THE LEGAL WORLD'S CONTRIBUTION TO THE MEDICAL WORLD].

    Science.gov (United States)

    Sigler-Harcavi, Alona; Cohen Ashkenazi, Limor

    2018-04-01

    Working with medical and paramedical teams has taught us that the medical staff does not fully utilize the potential of judicial decisions and precedents as a source for learning, drawing conclusions and motivating progress. Judicial ruling is an essential part of the toolbox used by medical administrators in general, and healthcare risk managers in particular. Knowing the relevant legal rulings, before you embark on any given path, is the equivalent of looking before you leap. This is not necessarily an issue of "holy scripture", but should mainly be considered as a source for expanding your perspective. Knowledge of the relevant rulings has many advantages that stem from the unique characteristics of the legal system. While the medical world has a clear and unequivocal advantage regarding knowledge and experience with respect to medicine, the legal world has various other advantages: a different and wider perspective with respect to economic and/or political considerations; universal fundamental principles, such as autonomy, equality, distributive justice, human dignity, the state's obligations to its citizens; complex systems of checks and balances, such as: desirable vs. available, the benefit of few vs. the good of the many, etc. These tools, typical of the legal world, are especially relevant to medicolegal issues, usually associated with medical administration, such as: the obligation of consultation, obligation of follow-up, treatment continuity, priorities, resource distribution, patient rights, etc. The contribution of the legal world to these issues is both unique and essential. Those who question the ability of judges to understand the medical world and to materially contribute to medical thinking and practice, claiming that they lack medical training and experience, should recognize the diverse contribution of the legal world to the medical world.

  14. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

    The book discusses the most typical legal challenges met in the chartering, broker, agent or port management part of the shipping industry. It discusses these issues in both English and Scandinavian law and gives indications on how to best ensure your legal risk management in these parts...

  15. 5 CFR 582.202 - Service of legal process.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Service of legal process. 582.202 Section... GARNISHMENT OF FEDERAL EMPLOYEES' PAY Service of Legal Process § 582.202 Service of legal process. (a) A... agency as a garnishee. (b) Service of legal process may be accomplished by certified or registered mail...

  16. Personal Dignity in the European Legal Culture

    Directory of Open Access Journals (Sweden)

    Lyudmila V. Butko

    2017-09-01

    Full Text Available The article presents the genesis of the origins of forming the legal mechanisms to protect the personal dignity in the European legal culture. It is noted that the legal content of dignity is predetermined by the moral aspect of consideration. In addition, the definition of "dignity" was transformed under the influence of the development of legal norms, doctrine and practice of protecting a person's rights and freedoms, the foundations of civil society and legal awareness. The chronological period of research was limited to the XIII-XIX centuries, within which the authors, using a comparative legal method, defined the directions of conceptualization and formalization of the personal dignity by scientists and legislation in the European countries. As a conclusion, it is shown that the observance of the right to personal dignity by the state will not only promote the exaltation of human dignity, but also simultaneously initiate the expansion of public law compensated by increasing the subjective rights.

  17. [Communication in health care - legal aspects].

    Science.gov (United States)

    Mina, András

    2016-04-24

    This paper is focusing on the legal aspects of communication in health care, especially on doctor-patient relationship, responsibility for information, communication of adverse events, and legal declarations.

  18. Does Legalized Prostitution Increase Human Trafficking?

    OpenAIRE

    Seo-Young Cho; Axel Dreher; Eric Neumayer

    2011-01-01

    This paper investigates the impact of legalized prostitution on human trafficking inflows. According to economic theory, there are two opposing effects of unknown magnitude. The scale effect of legalized prostitution leads to an expansion of the prostitution market, increasing human trafficking, while the substitution effect reduces demand for trafficked women as legal prostitutes are favored over trafficked ones. Our empirical analysis for a cross-section of up to 150 countries shows that th...

  19. 42 CFR 57.1511 - Opinion of legal counsel.

    Science.gov (United States)

    2010-10-01

    ... indebtedness to the lender, stating that the credit and security instruments executed by the applicant are duly... memorandum or opinion of legal counsel with respect to the legality of any proposed note issue, the legal authority of the applicant to issue the note and secure it by the proposed collateral, and the legality of...

  20. 28 CFR 543.15 - Legal aid program.

    Science.gov (United States)

    2010-07-01

    ... necessary to maintain security or good order in the institution, the Warden may prohibit a student or legal... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal aid program. 543.15 Section 543.15 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT LEGAL MATTERS...

  1. Platform economy in legal profession : An empirical study on online legal service providers in China

    NARCIS (Netherlands)

    Li, Jing

    2018-01-01

    Platform economy breaks into the legal profession by pooling lawyers with different specializations into a simple user-friendly platform, consolidating the lower-tier supply side of the legal market and generating economy of scale. This paper is the very first empirical piece looking into China’s

  2. Legal regulation of home births

    Directory of Open Access Journals (Sweden)

    Baturan Luka O.

    2015-01-01

    Full Text Available In this paper, authors tried to find efficient legal frame for home births. The main problem is the risk of life and health of a mother and a baby. If a mother wants a home labor, there are no legal obstacles ^for her to take the risk of her own life, after consultation with health-care professionals. However, society is obligated to protect unborn child from irrational behavior of the mother, if she acts against child's best interests. Legal rules were analyzed by methods of neo-institutional economic theory, while the risks of life and health of a mother and a baby were analyzed by medical science methods.

  3. Legal Inheritance in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Hamdi Podvorica

    2011-06-01

    Full Text Available Legal inheritance is one of the most important institutions of inheritance law which regulates the process of legal transition of property of the decedent to one or several heirs. The establish-ment of the legal framework has brought about new reforms to the Inheritance Law. This has enabled the enrichment and functio-ning of the law. A particularly important step was taken towards regulation of legal procedures regarding to how courts, other or-gans and other persons should act regarding inheritance issues. Concretization of the legal authorizations of bodies authorized to enforce the procedure of processing hereditary property has estab-lished the legal basis for realization of the iso jure principle, accor-ding to which, at the moment of death of the person, the heirs gain the right of inheritance and the hereditary property is never left without a titleholder. This is a great advantage that we have noted in undertaking this analysis of the norms in this work, because leaving hereditary property for a longer period of time without a titleholder would render the property vulnerable to des-truction, theft and extermination. The goal of this paper is to avoid focusing only on finding the positive sides of the normative regulation of the legal inheritance process, but also in finding practical deficiencies that are weighing down at the moment on this important process in Kosovo, and in proposing measures for overcoming them. The dark side of the legal inheritance process is linked to the inefficiency of courts and the still fragile legal system in Kosovo. By implementing empirical methods, we have come to the con-clusion that the low number of judges in proportion with the huge number of cases has become a key liability for practical implemen-tation of the principle of initiating the legal procedure ex officio. The failure in enforcing this principle and initiating the procedu-res for processing of hereditary property by courts, even though they

  4. Legal protection in French environmental law

    International Nuclear Information System (INIS)

    Fromont, M.

    1983-01-01

    The author presents a comparison of the French and the Federal German legal provisions providing for preliminary legal protection in connection with proceedings where protection of the environment is involved. The author also discusses proceedings in contentious administrative matters in connection with the licensing of the construction and operation of nuclear power plants, as well as the protection of the laws in subject matters concerning airborne pollution control and environmental protection in general. One of the most outstanding different features is the fact that in legal proceedings on administrative matters in France, protection of the existing legal system is the main issue rather than the protection of individual rights, as is the case in the Fed. Republic of Germany. (HP) [de

  5. The legal mentality and the succession of the law.

    Directory of Open Access Journals (Sweden)

    Vladimir Rybakov

    2017-01-01

    Full Text Available УДК 340Subject. The peculiarities of the legal mentality and succession of law, their correlation and communication.The purpose of the article is to identify the relationship of the legal mentality and development of the law.Methodology. The research is based on the method of legal analysis, formal-legal method.Results, scope of application. The legal mentality and continuity in the law are linked and have common features. They are based on national law, are a reflection of him.Continuity in the law is objectively existing relationship between the various stages of its development, aimed at ensuring the continuity of national rights, preserving the past in the present.The basis of the legal mentality and continuity in the development of the law are objective factors. These phenomena are associated with the past, with the history of their own, caused by it. The development of law and legal awareness is provided not only in the change process, but in the process of preservation. The legal mentality and continuity in the development of the law are genetic in nature. Communication legal mentality with continuity in the development of the law can clearly be seen in its functions: maintain the continuity of the existence of a particular community (homeostasis function, communication, preservation (protection, stabilization and preservation of justice, regulatory.Conclusions. There is an interaction between the legal mentality and continuity in the development of the law. Mentality as a historically formed and stable matrix typification of behavior and thinking through the lawmaking process predetermines the preservation and use of the original legal material is proven to be effective. The stability of the legal positions, legal thinking, passed down from generation to generation are the basis of the continuity law. Stability of legal views, legal thinking, transferred from generation to generation are the basis succession of law. 

  6. Legal Research in a Changing Information Environment

    African Journals Online (AJOL)

    tduplessis

    opportunities for research into constitutional issues, constitutional development and the relationship ... Legal research is a fundamental skill in the legal profession.9 Although all areas of law do not require ..... 1999 Legal RSQ 78. 56 In the print information environment lawyers use standard citation formats, e.g. X v Z 1999.

  7. 30 CFR 41.20 - Legal identity report.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 1 2010-07-01 2010-07-01 false Legal identity report. 41.20 Section 41.20... ADMINISTRATIVE REQUIREMENTS NOTIFICATION OF LEGAL IDENTITY Operator's Report to the Mine Safety and Health Administration § 41.20 Legal identity report. Each operator of a coal or other mine shall file notification of...

  8. The interface of legal and esthetic considerations

    Science.gov (United States)

    Richard C. Smardon

    1979-01-01

    This paper is an overview of development of legal/policy factors affecting visual resource management. Review of major legal issues, court cases, laws and administrative decisionmaking reveals that the "action" regarding legal and aesthetic issues is currently in the public arena as managed by administrative agencies. Analysis of key court cases reveals that...

  9. Terrorism as a Social and Legal Phenomenon

    Science.gov (United States)

    Serebrennikova, Anna; Mashkova, Yekaterina

    2017-01-01

    This article examines the concept of terrorism as a social and legal phenomenon, its international legal and criminal-legal characteristics. Highlighted are the main aspects of cooperation of the states and the international community to counter terrorist activities. Terrorism as a social phenomenon is determined by paragraph 1 of article 3 of the…

  10. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    texts disseminating legal concepts in different situations (Wikipedia article for general public, article from ministry aimed at children and adolescents) and especially investigate, to what extent the paraphrase concept is applicable also for describing dissemination strategies in such situations...

  11. The International Legal Personality of the Individual

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical...... to transform during the second half of the twentieth century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows......, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights...

  12. Telemedicine: licensing and other legal issues.

    Science.gov (United States)

    Siegal, Gil

    2011-12-01

    The growth of information technology and telecommunications has created promising opportunities for better, faster, more accessible, barrier-free health care; telemedicine (TM). The feasibility of many TM projects depends on resolving legal issues. Mastering technical issues or providing training remain important benchmarks for implementation of TM, but legal issues constrain progress. This article identifies the key legal issues, maps current legislation, and offers a forecast of necessary steps to expedite the dissemination of TM. Copyright © 2011 Elsevier Inc. All rights reserved.

  13. Danish Mortgage Finance, Property Rights Protection and Economic Development

    DEFF Research Database (Denmark)

    Haldrup, Karin

    of screening methods for assessing the readiness for such transplantation depends on a deeper understanding of three large domains: A) Mortgage Finance, B) Cadastre and Land Registration; and C) Economic Development; and the interrelations between these three areas. In particular the thesis has focused...... formal property rights regimes and real credit with implications for development strategies. The PhD was co-sponsored by VP Securities A/S, www.vp.dk...

  14. 18 CFR 3b.5 - Legal guardians.

    Science.gov (United States)

    2010-04-01

    ... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Legal guardians. 3b.5... INFORMATION General § 3b.5 Legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental...

  15. Competitive Legal Professionals' use of Technology in Legal ...

    African Journals Online (AJOL)

    Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication ...

  16. Should Pediatric Euthanasia be Legalized?

    Science.gov (United States)

    Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard

    2018-02-01

    Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery slope. Proponents argue that euthanasia is sometimes ethically appropriate for minors and that, with proper safeguards, it should be legally available in appropriate circumstances for patients at any age. In this Ethics Rounds, we asked philosophers from the United States and the Netherlands, and a Dutch pediatrician, to discuss the ethics of legalizing euthanasia for children. Copyright © 2018 by the American Academy of Pediatrics.

  17. Legal Duties and Legal Liabilities of Coaches toward Athletes

    Directory of Open Access Journals (Sweden)

    Mirsafian Hamidreza

    2016-03-01

    Full Text Available Background. It is undeniable that coaches play a major role in the development of athletes. Coaches and athletes have a close relationship and share various experiences that lead to a strong bond between them, and this is of great responsibility for the coach. Therefore, the coach should maintain this bond with mutual respect and trust. Various responsibilities are progressively placed on coaches by law to prevent or minimize injuries to athletes. In other words, since a coach is placed in a position of power and trust, the duty of care will always be placed on him. If certain requirements are not met, the coach may be held financially, or even criminally, liable. In this study, the author explains and discusses coaches’ legal duties, legal liabilities, and the elements required for liability of coaches toward athletes.

  18. Putting the "social" back in legal socialization: procedural justice, legitimacy, and cynicism in legal and nonlegal authorities.

    Science.gov (United States)

    Trinkner, Rick; Cohn, Ellen S

    2014-12-01

    Traditionally, legal socialization theory and research has been dominated by a cognitive developmental approach. However, more recent work (e.g., Fagan & Tyler, 2005) has used procedural justice to explain the legal socialization process. This article presents 2 studies that expand this approach by testing a procedural justice model of legal socialization in terms of legal and nonlegal authority. In Study 1, participants completed surveys assessing the degree to which they perceived 3 authorities (police officers, parents, and teachers) as procedurally fair, the degree to which they perceived the authorities as legitimate, how cynical they were about laws, and the extent of their rule violation during the past 6 months. Across all 3 authorities, legitimacy and legal cynicism mediated the relation between procedural justice and rule violation. Study 2 examined the model with the same 3 authority types using experimental methods. Participants read 3 scenarios describing an interaction between an adolescent and an authority figure where a rule is enforced. Within each scenario, we manipulated whether the adolescent had a voice and whether the authority enforced the rule impartially. After reading each scenario, participants rated the authority's legitimacy, their cynicism toward the authority's rule, and the likelihood they would violate the rule. Again, legitimacy and rule cynicism mediated the relation between impartiality, voice, and rule violation. In addition, impartiality had a stronger effect in the parent and teacher scenarios, whereas voice had a stronger effect in the police scenario. Results are discussed in terms of expanding legal socialization to nonlegal contexts and applying legal socialization research to prevention and intervention strategies. PsycINFO Database Record (c) 2014 APA, all rights reserved.

  19. The latitude of logic in legal hermeneutics

    Directory of Open Access Journals (Sweden)

    Medar Suzana

    2014-01-01

    Full Text Available Legal hermeneutics (the interpretation of law] has always taken a highly significant place in general hermeneutics. The interpretation of laws involves an intricate task of determining the real meaning or rationale of legal norms. Considering the complexity of this goal, the most frequent classification of legal hermeneutics is based on the interpretation instruments. In traditional theory, the most widely recognized instruments for the interpretation of legal norms are language, logic, legal system, history and purpose of a legal norm. Under the influence of general analytic philosophy, the particular interest in language as the basic instrument for the interpretation of law may be found in mid-20th century. The interest in the language of law is closely related to the study of legal logic and legal argumentation. In theory, there is no dispute about the logical interpretation in a narrow sense which is based on drawing true conclusions by applying the basic rule of formal reasoning. Yet, it has given a head start to argumentation as 'a problem-based reasoning skill' which provides answers to the questions raised in contentious cases. Argumentation is closely associated with the dialectic method of reasoning (which has been widely recognized since the Ancient Greece], where conclusions are based on probable premises. One of the most significant goals of the argumentation theory is to locate the sources or common grounds for developing arguments; these basic argumentative patterns are generally known as 'topoi' or 'loci, sedes argumentorum'. On the other hand, 'topica' is part of rhetoric art dealing with the theoretical explanation of the basic argumentative patterns (topoi] and how they are structured, including the location of new topoi and arguments. The most significant proponents of the topical reasoning are Chaïm Perelman and Theodor Viehweg. Perelman relates topical reasoning to judicial reasoning and considers that specific legal topoi

  20. Labour Market Interactions Between Legal and Illegal Immigrants

    OpenAIRE

    Epstein, Gil S

    2000-01-01

    This paper looks at the situation of legal immigrants who employ illegal immigrants to provide them with various services. This enables the legal immigrants to allocate more time to other work, thereby increasing their earnings. Illegal immigrants employed by legal immigrants may specialize in certain professions and may themselves employ other illegal immigrants. An economy is evolving whose sole purpose is the provision of services by illegal immigrants for legal immigrants.

  1. Labor Market Interactions Between Legal and Illegal Immigrants

    OpenAIRE

    Epstein, Gil S.

    2000-01-01

    This paper looks at the situation of legal immigrants who employ illegal immigrants to provide them with various services. This enables the legal immigrants to allocate more time to other work, thereby increasing their earnings. Illegal immigrants employed by legal immigrants may specialize in certain professions and may themselves employ other illegal immigrants. An economy is evolving whose sole purpose is the provision of services by illegal immigrants for legal immigrants.

  2. The law isn't everything: The impact of legal and non-legal sanctions on motorists' drink driving behaviors.

    Science.gov (United States)

    Freeman, James; Szogi, Elizabeth; Truelove, Verity; Vingilis, Evelyn

    2016-12-01

    The effectiveness of drink driving countermeasures (such as sanctions) to deter motorists from driving over the legal limit is extremely important when considering the impact the offending behavior has on the community. However, questions remain regarding the extent that both legal and non-legal factors influence drink driving behaviors. This is of particular concern given that both factors are widely used as either sanctioning outcomes or in media campaigns designed to deter drivers (e.g., highlighting the physical risk of crashing). This paper reports on an examination of 1,253 Queensland motorists' perceptions of legal and non-legal drink driving sanctions and the corresponding deterrent impact of such perceptions on self-reported offending behavior. Participants volunteered to complete either an online or paper version of the questionnaire. Encouragingly, quantitative analysis of the data revealed that participants' perceptions of both legal sanctions (e.g., certainty, severity and swiftness) as well as non-legal sanctions (e.g., fear of social, internal or physical harm) were relatively high, with perceptual certainty being the highest. Despite this, a key theme to emerge from the study was that approximately 25% of the sample admitted to drink driving at some point in time. Multivariate analyses revealed six significant predictors of drink driving, being: males, younger drivers, lower perceptions of the severity of sanctions, and less concern about the social, internal, and physical harms associated with the offense. However, a closer examination of the data revealed that the combined deterrence model was not very accurate at predicting drink driving behaviors (e.g., 21% of variance). A range of non-legal deterrent factors have the potential to reduce the prevalence of drink driving although further research is required to determine how much exposure is required to produce a strong effect. Copyright © 2016 Elsevier Ltd and National Safety Council. All rights

  3. Legal consequences of kleptomania.

    Science.gov (United States)

    Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won

    2009-12-01

    Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.

  4. Application of social domain of human mind in water management

    Science.gov (United States)

    Piirimäe, Kristjan

    2010-05-01

    Currently, researches dispute whether a human reasons domain-generally or domain-specifically (Fiddick, 2004). The theory of several intuitive reasoning programmes in human mind suggests that the main driver to increase problem-solving abilities is social domain (Byrne & Bates, 2009). This theory leads to an idea to apply the social domain also in environmental management. More specifically, environmental problems might be presented through social aspects. Cosmides (1989) proposed that the most powerful programme in our social domain might be ‘cheater detection module' - a genetically determined mental tool whose dedicated function is to unmask cheaters. She even suggested that only cheater detection can enable logical reasoning. Recently, this idea has found experimental proof and specifications (Buchner et al., 2009). From this perspective, a participatory environmental decision support system requires involvement of the representatives of social control such as environmental agencies and NGOs. These evaluators might effectively discover legal and moral inconsistencies, logical errors and other weaknesses in proposals if they are encouraged to detect cheating. Thus, instead of just environmental concerns, the query of an artificial intelligence should emphasize cheating. Following the idea of Cosmides (1989), employment of cheater detectors to EDSS might appear the only way to achieve environmental management which applies correct logical reasoning as well as both, legislative requirements and conservationist moral. According to our hypothesis, representatives of social control can well discover legal and moral inconsistencies, logical errors and and other weaknesses in envirionmental management proposals if encouraged for cheater detection. In our social experiment, a draft plan of measures for sustainable management of Lake Peipsi environment was proposed to representatives of social control, including Ministry of Environment, other environmental authorities

  5. Ethical issues in medico-legal exposures

    International Nuclear Information System (INIS)

    O'Reilly, G.; Malone, J. F.

    2008-01-01

    The Medical Exposure Directive (MED) 97/43/Euratom defines medico-legal procedures as 'procedures performed for insurance or legal purposes without a medical indication'. The term 'medico-legal exposures' covers a wide range of possible types of exposures, very different in nature, for which the only feature in common is the fact that the main reason for performing them does not relate directly to the health of the individual being exposed to ionising radiation. The key issue in medico-legal exposures is justification. Balancing the advantages and disadvantages of such exposures is complex because not only can these be difficult to quantify and hence compare, but often the advantage may be to society whereas the disadvantage is usually to an individual. This adds an additional layer of ethical complexity to the problem and one, which requires input from a number of sources beyond the established radiation protection community. Because medico-legal exposures are considered to be medical exposures, they are not subject to dose limits. In medico-legal exposures where the benefit is not necessarily to the individual undergoing the exposure, the question must be asked as to whether or not this is an appropriate framework within which to conduct such exposures. This paper looks at the current situation in Europe, highlighting some of the particular problems that have arisen, and tries to identify the areas, which require further clarification and guidance. (authors)

  6. Modern Questions Of The Legal Philosophy

    Directory of Open Access Journals (Sweden)

    Gennadiy A. Torgashev

    2014-06-01

    Full Text Available In the present article author considers fundamental problems of law connected with equality, justice and freedom. Author proves that philosophy and law as forms of public consciousness carry out the important closely interconnected among themselves functions of the social life judgment. In the article author noted that among other forms of public consciousness law is one of difficult objects of knowledge, because law is connected with such forms of consciousness as philosophy, morals, religion, policy. The legal philosophy is the philosophical discipline having the subject the general regularities of law functioning, taken in their historical and sociocultural development, definition and the sense of legal judgment and its fundamental concepts. Law represents a set of obligatory rules of conduct (norms established by the authorized or the state. Diverse spiritual life of the society assumes a variety in the nature of law. The typology of philosophical concepts of the law and how the legal philosophy interprets legal reality is researched, various philosophical and legal concepts which are caused by two main types of rights – natural and positive are allocated. Author gives opinions of scientists, and explains own views of the author.

  7. The Uneven Legal Push for Europe

    DEFF Research Database (Denmark)

    Wind, Marlene; Martinsen, Dorte Sindbjerg; Rotger, Gabriel Pons

    2009-01-01

    National courts have been key players in the legal push for Europe, though notably to varying degrees. This paper examines the persisting variations in the referral rates of national courts and the underlying causal factors, aiming to better understand why some member states' courts have been more...... reluctant to join in the legal push for Europe. By using econometric methods, it challenges the modified neofunctionalist argument that the extent of intra-EC trade explains the referral practice of the individual member states. Majoritarian democracy is hypothesized as a causal factor in the low referral...... of majoritarian democracy on the number of referrals. The paper concludes that, owing to the uneven legal push for Europe, some member states and their citizens remain at arms' length from the legal integration process - and, in consequence, from the full impact of European integration....

  8. Public perceptions of arguments supporting and opposing recreational marijuana legalization.

    Science.gov (United States)

    McGinty, Emma E; Niederdeppe, Jeff; Heley, Kathryn; Barry, Colleen L

    2017-06-01

    In debates about recreational marijuana legalization, pro-legalization arguments highlighting economic and other potential policy benefits compete with anti-legalization arguments emphasizing public health risks. In 2016, we conducted a national survey using an online panel (N=979) designed to answer two main research questions: (1) How do Americans perceive the relative strength of competing arguments about recreational marijuana legalization? (2) How are perceptions of argument strength associated with public support for recreational marijuana legalization? We examined differences in attitudes among individuals living in states that have/have not legalized recreational marijuana and among Democrats/Independents/Republicans. Ordered logit regression assessed the relationship between perceived argument strength and public support for recreational marijuana legalization. Respondents rated pro-legalization arguments highlighting beneficial economic and criminal justice consequences as more persuasive than anti-legalization arguments emphasizing adverse public health effects. Respondents were more likely to agree with arguments highlighting legalization's potential to increase tax revenue (63.9%) and reduce prison overcrowding (62.8%) than arguments emphasizing negative consequences on motor vehicle crashes (51.8%) and youth health (49.6%). The highest rated anti-legalization arguments highlighted the conflict between state and federal marijuana laws (63.0%) and asserted that legalization will fail to eliminate the black market (57.2%). Respondents who endorsed pro-legalization economic and criminal justice arguments were more likely than other respondents to support legalization. Our findings indicate that, on both side of the recreational marijuana legalization debate, there are arguments that resonate with the American public. However, public health risk messages were viewed as less compelling than pro-legalization economic and criminal justice-oriented arguments

  9. Human right to sanitation in the legal and non-legal literature : The need for greater synergy

    NARCIS (Netherlands)

    Obani, P.; Gupta, J.

    2016-01-01

    This review paper analyzes the legal and non-legal literature on the human right to sanitation (HRS). It shows that despite applying different paradigms in framing the HRS, both literature support the following three main conclusions: (a) state and non-state actors, particularly NGOs and private

  10. Legal aspects of intergenerational equity issues

    International Nuclear Information System (INIS)

    Green, H.P.

    1984-01-01

    This paper examines the extent to which American law and legal institutions have addressed problems of intergenerational equities. Beginning with a definition of the issue, the paper goes on to address conservation law, public debt ceilings, property law, and eugenic laws. The research supports the conclusion that neither statutory law, the formal expression of public policy articulated by the legislature, nor common law, the case-by-case definition of private legal rights by the courts has developed a coherent set of legal principles for dealing with the difficult problems of intergenerational equity. 15 references

  11. Public Domain; Public Interest; Public Funding: Focussing on the ‘three Ps’ in Scientific Research

    Directory of Open Access Journals (Sweden)

    Mags McGinley

    2005-03-01

    Full Text Available The purpose of this paper is to discuss the ‘three Ps’ of scientific research: Public Domain; Public Interest; Public Funding. This is done by examining some of the difficulties faced by scientists engaged in scientific research who may have problems working within the constraints of current copyright and database legislation, where property claims can place obstacles in the way of research, in other words, the public domain. The article then looks at perceptions of the public interest and asks whether copyright and the database right reflect understandings of how this concept should operate. Thirdly, it considers the relevance of public funding for scientific research in the context of both the public domain and of the public interest. Finally, some recent initiatives seeking to change the contours of the legal framework are be examined.

  12. Religious legal systems: challenges of the modernity

    Directory of Open Access Journals (Sweden)

    Д. В. Лук’янов

    2015-11-01

    Full Text Available The influence of world globalization processes on the development of the religious legal systems has been analyzed in the paper. Globalization processes in the XXI century are regarding individuals, nations, and civilizations. Global transformations lead to qualitative changes in the socio-cultural relations and actualize a wide range of issues which are related to the formation of a new world culture. Modern globalization takes diverse range of public relations in its own orbit. The relationship between the legal systems in the twentieth century is some of the most important aspects of this process. However, the interaction of legal systems has significant differences from the interaction of economies of different countries. There are actual economic relations domination of Western financial and economic institutions and standardization of relevant rules. But the attempts to apply this approach to law lead to resistance to Western standards and the spread of major civilizational conflicts in different parts of the world. Globalization should be based on respect for cultural, religious and legal diversity. It has to ensure preservation of forced “Westernisation”. Significant differences in the impact of globalization on the convergence of legal systems of Western law (Romano-Germanic and Anglo-American and their impact on religious legal systems of Muslim, Hindu and Jewish law must be emphasized. The religious legal systems are not exposed to other systems and the related changes. This is due to such features as the divine nature, increased stability, specific sources of law etc. An important issue that requires further study is the reverse influence which religious law exercises to secularized modern legal system.

  13. [Medical data security in medico-legal opinioning].

    Science.gov (United States)

    Susło, Robert; Swiatek, Barbara

    2005-01-01

    Medical data security can be approached in medico-legal opinioning in three main situations: security of medical data, on which the opinion should be based, opinioning itself and whether the medical data security was properly ensured and ensuring medical data security during medico-legal opinion giving. The importance of medical data security, during collecting, processing and storing, as well in medical as in legal institutions, is of major importance for the possibility of providing a proper medico-legal opinion. Theoretically speeking, it is possible to give a proper medico-legal opinion using incorrect data, but the possibility is low. When the expert is given improper, unreadable, incomplete or even bogus in part or in the whole medical data it is extremely possible, that he fails in giving his opinion. The term "medical data" was defined and subsequently there was a brief review of medical data storing methods made and specific threats bound with them, based on modern literature. The authors also pointed out possible methods of preventing the threats. They listed Polish as well as international regulations and laws concerning the problem, accenting the importance of preserving medical data for the purposes of medico-legal opinioning.

  14. Legal Education: Critical of Contemporaneity

    Directory of Open Access Journals (Sweden)

    Patrícia Verônica Nunes Carvalho Sobral

    2016-10-01

    Full Text Available This study reflects on the Legal Education, considering the criticism of contemporaneity. To reach the goal, the text is divided into: Critical, idealization and reality of legal education; Professor  of  law  schools;  The  educational  legislation  Questions  of  legal  education methodology; Pedagogy and the law. The reading of the sources referred the thought inferences  about  the  teaching  of  law,  the  methodological  approach  and  the  didactic- pedagogic preparation, according to Associação Latino Americana de Metodologia do Ensino do Direito. Contributes to the continuity of academic debate in progress, it is a problem that concerns the professional higher education.

  15. Estructura del sistema legal del turismo en Venezuela | Structure of the legal system of tourism in Venezuela

    Directory of Open Access Journals (Sweden)

    Melania Navas Graterol

    2017-11-01

    Full Text Available It is a fact that the social dynamic of human life, in its constant evolution promotes special and particular circumstances that the law must regulate, such as tourism. The latter, as multifaceted activity, develops into different scopes of human activities: economic, social, cultural, environmental, political and obviously, in the judicial, and requires to be regulated, supervised, encouraged and coordinated by the law. This compendium of rules integrates what is known as the Legal System Structure of the Tourism in Venezuela and they are organized in a hierarchical way, into a legal level that gives a determinate rank, which can be the same or different, and could be seen in the pyramidal model created by Hans Kelsen. The understanding of this legal system that regulates tourism through the compressive hermeneutics of its rules, allowed to find out that the legal structure is well defined within the Venezuelan touristic context. The analysis of results allowed to conclude that the norm that regulates the tourism activity in Venezuela responds to the Kelsen pyramidal model and there is a diverse number of legal instruments which contain rules that regulates it in direct way and others indirectly.

  16. Legal Reform, De-colonization and State-building in Palestine ...

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

    Legal Reform, De-colonization and State-building in Palestine. Demands for legal reform have come from both inside and outside Palestine. Inside Palestine, legal reform is seen as a prerequisite for democracy and good governance. Outside, legal reform is perceived as integral to the continued peace process with Israel.

  17. THEORETICAL ANALYSIS STUDY OF FORMATION OF FUTURE LEGAL LAWYERS

    Directory of Open Access Journals (Sweden)

    Eugene Stepanovich Shevlakov

    2015-09-01

    Full Text Available The article deals with topical issues of formation of legal consciousness of future lawyers in high school. Obtained kinds of legal consciousness of future lawyers, determined its structure. Dedicated components of justice are mutually reinforcing, and provide an opportunity for further development of the personality of the future specialist, their personal growth.The purpose: to carry out theoretical analysis of the problem of formation of legal consciousness of future lawyers.The novelty is based. On the analysis of theoretical appro-aches of pedagogy, psychology, law, the notion of «lawfulness of the future of the law student», which is regarded as a form of social consciousness, which is a set of legal views and feelings, expressing the attitude to the law and legal phenomena that have regulatory in character and which includes know-ledge of legal phenomena and their evaluation from the point of view of fairness and justice, formed in the process of studying in the University.Results: this article analyzes different approaches to understanding the content and essence of the concept of legal consciousness of the legal profession. Define the types and structure of legal consciousness of future lawyers.

  18. The problem of the legal nature of Green Certificates in the Italian legal system

    International Nuclear Information System (INIS)

    Colcelli, Valentina

    2012-01-01

    Green Certificates are usually described as negotiable instruments or commercial papers. The Italian legal system identifies Green Certificates as rights but, due to the ambiguity of the definition, their juridical nature remains uncertain. This reverberates on the functioning of the Green Certificates market and on the enforcement of the relevant norms. This paper discusses the actual legal nature of Green Certificates in Italy and concludes that they should be regarded as goods. This means that private law instruments apply in their market transactions, with consequent implications on the policy side. - Highlights: ► A definition of Green Certificates in the Italian legal system is provided. ► Green Certificates are not Credit Instruments. ► However, they may be negotiated separately from the energy they represent. ► Green Certificates are goods, which relate to new properties.

  19. Supporting the legal Practitioner LKBS or the Web?

    NARCIS (Netherlands)

    Leenes, R.E.; Svensson, Jorgen S.

    1997-01-01

    The legal practitioner is a knowledge worker. Two distinct technologies may be of assistance to this type of professional: legal knowledge‐based system technology and Internet World Wide Web technology. In this paper we investigate the relation between legal knowledge‐based systems and the Internet.

  20. Realistic rhetoric and legal decision

    Directory of Open Access Journals (Sweden)

    João Maurício Adeodato

    2017-06-01

    Full Text Available The text aims to lay the foundations of a realistic rhetoric, from the descriptive perspective of how the legal decision actually takes place, without normative considerations. Aristotle's rhetorical idealism and its later prestige reduced rhetoric to the art of persuasion, eliminating important elements of sophistry, especially with regard to legal decision. It concludes with a rhetorical perspective of judicial activism in complex societies.

  1. The Legality and Validity of Administrative Enforcement

    Directory of Open Access Journals (Sweden)

    Sergei V. Iarkovoi

    2018-01-01

    Full Text Available The article discusses the concept and content of the validity of adopted by the executive authorities and other bodies of public administration legal acts and committed by them legal actions as an important characteristic of law enforcement by these bodies. The Author concludes that the validity of the administrative law enforcement is not an independent requirement for it, and acts as an integral part of its legal requirements.

  2. Marijuana Legalization: Impact on Physicians and Public Health.

    Science.gov (United States)

    Wilkinson, Samuel T; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A; D'Souza, Deepak Cyril

    2016-01-01

    Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health.

  3. Legal Frame of Non-Social Robots

    NARCIS (Netherlands)

    Fosch Villaronga, Eduard; Husty, M.; Hofbaur, M.; Can Dede, M.I.

    2016-01-01

    This paper describes some relevant legal aspects concerning non-social robots. Special attention is drawn to Person Carrier Robots (PCaR) and Physical Assistant Robots (PAR). Although concrete legal binding regulations concerning these two sub-types of Personal Care Robots (PCR) are missing, the

  4. Formation of ideal of legal personality

    Directory of Open Access Journals (Sweden)

    Віта Олександрівна Сліпенчук

    2016-01-01

    Full Text Available Problem setting. In the process of transformation of Ukrainian society towards the assimilation and implementation of basic European values such as human rights, democracy and the rule of law the role of personality that respects the dignity of others and their right to free expression in its multifaceted manifestations becomes more important. Such definitions of it assume the character of the ideal to be pursued, but that has not received adequate expression in people's minds and in practice yet. Since this ideal inextricably links right and personality, enabling the operation of law due to the special qualities of the individual, it can be defined as the ideal of legal personality. It is the formation and realization of such ideal that becomes urgent practical task of our society, which in turn requires a comprehensive theoretical understanding. Recent research and publications analysis. It should be noted that some philosophical aspects of the meaning of legal personality and its formation are revealed in the works of Ukrainian researcher in the field of philosophy of law S.I. Maksimov. However, all actual researches are based on a certain cultural and ideological tradition. The research of  a Polish-American scholar in the history of philosophical and legal thought Andrzej Walicki pays attention to the ideological and methodological potential liberal legal philosophy of the late 19th - early 20th century in the Russian Empire, realization of which, unfortunately, failed because of the violent interruption of this tradition by Bolsheviks. Researches of philosophers of law of that period are of particular significance in this issue: Ukrainian by origin and outlook Bohdan Kistyakivskiy and one of the authors of the Universal Declaration of Human Rights (1948 Serhiy Gessen. It is reconstruction of the concept of "legal personality" in the views of philosophers of law of that period, which is really made for the first time, which will give, as

  5. Support for Marijuana Legalization and Predictors of Intentions to Use Marijuana More Often in Response to Legalization Among U.S. Young Adults.

    Science.gov (United States)

    Cohn, Amy M; Johnson, Amanda L; Rose, Shyanika W; Rath, Jessica M; Villanti, Andrea C

    2017-01-28

    As of 2015, more than half of U.S. states have legalized, medicalized, or decriminalized marijuana. This study examined the prevalence and correlates of support for marijuana legalization in a national sample of young adults and the intention to use marijuana more frequently if it were legalized. Data were from Wave 7 (weighted N = 3532) of the Truth Initiative Young Adult Cohort, a national sample of men and women aged 18-34. We assessed demographics, past 30-day substance (alcohol, tobacco, marijuana, other drug use), depression and anxiety, social smoking, marijuana harm perceptions (relative to cigarettes), and state-level marijuana policies as correlates of support for marijuana legalization and intentions to use marijuana more often if it were legalized. Multivariable models of correlates of support for legalization and intentions to use marijuana were conducted separately for the full sample and for nonmarijuana users. Weighted estimates showed that 39% of the full sample and 9% of nonmarijuana users supported marijuana legalization. Multivariable models showed that lower marijuana harm perceptions and lifetime and past 30-day tobacco use were common predictors of support for marijuana legalization and intentions to use marijuana among non-users of marijuana. Conclusions/Importance: Over a third of the sample supported marijuana legalization. Tobacco use and perceptions that marijuana is less harmful than cigarettes were robust risk correlates of support for marijuana legalization and intentions to use more frequently among nonusers. Public health campaigns should target these factors to deter marijuana-related harm in susceptible young adults.

  6. Legal briefing: home birth and midwifery.

    Science.gov (United States)

    Pope, Thaddeus Mason; Fisch, Deborah

    2013-01-01

    This issue's "Legal Briefing" column covers recent legal developments involving home birth and midwifery in the United States. Specifically, we focus on new legislative, regulatory, and judicial acts that impact women's' access to direct entry (non-nurse) midwives. We categorize these legal developments into the following 12 categories. 1. Background and History 2. Certified Nurse-Midwives 3. Direct Entry Midwives 4. Prohibition of Direct Entry Midwives 5. Enforcement of Prohibition 6. Challenges to Prohibition 7. Forbearance without License 8. Voluntary Licensure 9. Unclear and Uncertain Status 10. Growth of DEM Licensure 11. Licensure Restrictions 12. Medicaid Coverage

  7. Medical legal aspects of radiation oncology

    International Nuclear Information System (INIS)

    Wall, Terry J.

    1996-01-01

    The theoretical basis of, and practical experience in, legal liability in the clinical practice of radiation oncology is reviewed, with a view to developing suggestions to help practitioners limit their exposure to liability. New information regarding the number, size, and legal theories of litigation against radiation oncologists is presented. The most common legal bases of liability are then explored in greater detail, including 'malpractice', and informed consent, with suggestions of improving the specialty's record of documenting informed consent. Collateral consequences of suffering a malpractice claim (i.e., the National Practitioner Data Bank) will also be briefly discussed

  8. Society as a crime victim of legal entities

    Directory of Open Access Journals (Sweden)

    Tanjević Nataša

    2011-01-01

    Full Text Available Tortious acts of legal entities have unforeseen harmful consequences in all areas. In the greedy desire to gain profit, certain legal entities do not have any regard for the most important resources of individuals and society. Damage resulting from the commission of criminal acts is very high for the whole society, especially when it comes to crimes against the environment. In order to prevent and combat corporate crime in criminal law, an increasingly wider acceptance of criminal liability of legal entities was adopted. This paper discusses the basic characteristics of corporate crime, as well as the reasons for the introduction of the criminal responsibility of legal entities. In this regard, we analyzed the law provisions regarding the liability of legal entities for criminal offenses, and concluded that despite the criminal-political need to react with more serious sanctions to the offenses of legal entities, there are certain obstacles and problems that stand in the way of introducing this responsibility.

  9. Legal aspects of nuclear energy

    International Nuclear Information System (INIS)

    Kraut, A.

    1981-01-01

    The legal basis for the use of nuclear energy is generally given by an Atomic Energy Act. Additionally, however, a system of regulations and standards has to be set up to lay down more detailed requirements. The fundamental philosophy and strategy has to be specified by governmental organizations. For the specification and implementation of the requirements some minimum organizational arrangements are necessary, which are not only restricted to governmental organizations. Furthermore procedural regulations have to be laid down before the implementation phase. This includes aspects like public participation in the licensing procedure. In practice, however, the implementation of the legal requirements always shows some weakness of the basic legal requirements. To learn from this experience some examples are presented, which gave rise to difficulties in the implementation procedure. (orig./RW)

  10. Responsive Legal Approach to Law of Human Trafficking in Indonesia

    Science.gov (United States)

    Farhana

    2018-01-01

    Formation and legal changes influenced by the social and political dynamics. Law understood as the rules are rigid and too much emphasis on the legal aspects of the legal system or emphasize aspects of the legitimacy of the rules themselves, without associated with social problems. A Responsive legal approach is an approach the legal establishment…

  11. Development of a Prototype for the Assessment of the Malaysian LADM Country Profile

    OpenAIRE

    Zulkifli, N.A.; Abdul Rahman, A.; Jamil, H.; Teng, C.H.; Tan, L.C.; Looi, K.S.; Chan, K.L.; Van Oosterom, P.J.M.

    2014-01-01

    During the last couple of years, the potential of 3D and Land Administration Domain Model (LADM, ISO 2012) based cadastral registration in Malaysiahas been investigated and described in several papers, and presented at various International Federation of Surveyor (FIG) meetings. Based on these preparations, a two day workshop and additional meeting between Research and Development(R&D) staff from Department Survey and Mapping Malaysia (JUPEM) and Universiti Teknologi Malaysia (UTM) has result...

  12. Creating a Danish legal language: legal terminology in the medieval Law of Scania

    DEFF Research Database (Denmark)

    Tamm, Ditlev; Vogt, Helle

    2013-01-01

    In the decades after 1200 the kingdom of Denmark developed a corpus of provincial laws written in Danish for the three major legal provinces. With the legislation for the eastern province of Scania as a starting point, this article shows how the writing down of the law led not only to the creatio...... of a legal language but to a written vernacular language in general. It was not until the fifteenth century that written Danish was found outside of texts; charters and narrative until that point had been written in Latin....

  13. Curbing Abuses of Legal Power in the Society

    OpenAIRE

    Tajudeen Ojo Ibraheem

    2015-01-01

    In a world characterized by greed and the lust for power and its attendant trappings, abuse of legal power is nothing new to most of us. Legal abuses of power abound in all fields of human endeavour. Accounts of such abuses dominate the mass media and for the average individual, no single day goes by without his getting to hear about at least one such occurrence. This paper briefly looks at the meaning of legal power, what legal abuse is all about, its causes, and some of...

  14. Legal Information Sources: An Annotated Bibliography.

    Science.gov (United States)

    Conner, Ronald C.

    This 25-page annotated bibliography describes the legal reference materials in the special collection of a medium-sized public library. Sources are listed in 12 categories: cases, dictionaries, directories, encyclopedias, forms, references for the lay person, general, indexes, laws and legislation, legal research aids, periodicals, and specialized…

  15. Rule of law and legal epistemology

    NARCIS (Netherlands)

    Tjong Tjin Tai, Eric; Feteris, Eveline; Kloosterhuis, Harm; Plug, José; Smith, Carel

    2016-01-01

    In the positivistic conception of law, sources of law (statute, precedent) are strictly distinguished from other legal materials such as doctrine. Courts as well as academia are, however, beginning to recognise the legal relevance of doctrine and case law of lower courts. This acceptance of such

  16. Legal culture as a factor of social stability

    Directory of Open Access Journals (Sweden)

    M M Akulich

    2015-12-01

    Full Text Available The article examines legal culture as a factor of stability in developing societies referring to the concepts of culture proposed by P.A. Sorokin, L.N. Kogan, M.T. Iovchuk and other famous sociologists. The authors state that in the modern sociological literature legal culture is studied mainly from the theoretical rather than empirical standpoint: the sociology has accumulated a lot of data on the legal culture, although its study in the context of agreements and conflicts, stability and destructiveness is not enough. Legal culture should be regarded as a regulator and stabilizer of social interactions and relationships in both specific countries and the global space. Thus, identifying regional and global aspects of legal culture has become an important theoretical problem of the sociological studies nowadays as well as considering legal culture in relation to moral, economic and political values and priorities. The authors argue that it is not possible to build a state of law and civil society without raising the level of legal culture, and present the results of the sociological study of the legal culture in the south of the Tyumen region conducted in 2013. This survey revealed an average level of following the law in 55% of the local population, although 90% consider themselves law-abiding citizens. At the same time, 46% believe in the possibility to manipulate the law, and 60% approve the principle of equity of the law. The authors conclude that the identified average level of legal culture among the local population is an indicator of a quite stable and successful development of the region under study.

  17. The Politics of Legal Arrangements

    DEFF Research Database (Denmark)

    Leander, Anna

    2018-01-01

    This article explores the place of formal legal arrangements in the politics surrounding the hybrid, enmeshed public-in-the-private forms of authority this special issue focuses on. It does so by analyzing the significance of one specific legal arrangement, the Duty of Care, for the politics...... and divisions currently organizing debates about the regulation of commercial security as well as about managerialism in international law more generally....

  18. [Biopiracy: about its legal meanings].

    Science.gov (United States)

    Ramírez García, Hugo Saúl

    2009-01-01

    This article explores the legal meanings of biopiracy concept, linked to subjects such as intellectual property rights on genetic resources, bioprospecting contracts, right to food, and food security. It overcomes the critical function of biopiracy concept related to world-wide extended tendencies: privatization and technification. Likewise, protectionism shows the opportunity that biopiracy concept represents for the enrichment of the legal interpretation related to the bioethical statue of biotech developments.

  19. German Legal History: National Traditions and Transnational Perspectives

    Directory of Open Access Journals (Sweden)

    Thomas Duve

    2014-01-01

    Full Text Available In this article, I review select institutional and analytical traditions of Legal History in 20th century Germany, in order to put forth some recommendations for the future development of our discipline. A careful examination of the evolution of Legal History in Germany in the last twenty-five years, in particular, reveals radical transformations in the research framework: Within the study of law, there has been a shift in the internal reference points for Legal History. While the discipline is opening up to new understandings of law and to its neighboring disciplines, its institutional position at the law departments has become precarious. Research funding is being allocated in new ways and the German academic system is witnessing ever more internal differentiation. Internationally, German contributions and analytic traditions are receiving less attention and are being marginalized as new regions enter into a global dialogue on law and its history. The German tradition of research in Legal History had for long been setting benchmarks internationally; now it has to reflect upon and react to new global knowledge systems that have emerged in light of the digital revolution and the transnationalization of legal and academic systems. If legal historians in Germany accept the challenge these changing conditions pose, thrilling new intellectual and also institutional opportunities emerge. Especially the transnationalization of law and the need for a transnational legal scholarship offers fascinating perspectives for Legal History.

  20. Piercing and Tattoos in Adolescents: Legal and Medico-legal Implications.

    Science.gov (United States)

    Conti, Adelaide; Bin, Paola; Casella, Claudia; Capasso, Emanuele; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Terracciano, Lucia; Piras, Mauro

    2018-01-01

    Non-therapeutic body modification interventions are permitted within the limits of the use of one's own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents. In Italy, several regions have therefore issued acts aimed at regulating the activities of tattoo and piercing also in reference to minors. Discussion. With regard to minors, the rules taken into account set precise limits in relation to the age criterion and subordinate the implementation of such practices to the provision of consent by legal representatives. If such practices are of an aesthetic nature, we cannot avoid considering the implications they have on health protection, and then adopt appropriate measures to protect the person who intends to undergo them, particularly in the case of minors.

  1. Piercing and Tattoos in Adolescents: Legal and Medico-legal Implications

    Science.gov (United States)

    Conti, Adelaide; Bin, Paola; Casella, Claudia; Capasso, Emanuele; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Terracciano, Lucia; Piras, Mauro

    2018-01-01

    Abstract Non-therapeutic body modification interventions are permitted within the limits of the use of one’s own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents. Results In Italy, several regions have therefore issued acts aimed at regulating the activities of tattoo and piercing also in reference to minors. Discussion. With regard to minors, the rules taken into account set precise limits in relation to the age criterion and subordinate the implementation of such practices to the provision of consent by legal representatives. Conclusion If such practices are of an aesthetic nature, we cannot avoid considering the implications they have on health protection, and then adopt appropriate measures to protect the person who intends to undergo them, particularly in the case of minors. PMID:29675481

  2. Choice: Ethical and Legal Rehabilitation Challenges.

    Science.gov (United States)

    Patterson, Jeanne Boland; Patrick, Adele; Parker, Randall M.

    2000-01-01

    The concept of choice has evolved into legal mandates and ethical challenges for rehabilitation professionals during the latter part of the 20th century. This article identifies the ethical and legal issues related to choice, summarizes a pilot project on rehabilitation counselors' perceptions of choice, and provides recommendations for…

  3. Marijuana Legalization: Impact on Physicians and Public Health

    Science.gov (United States)

    Wilkinson, Samuel T.; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A.; D'Souza, Deepak Cyril

    2016-01-01

    Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health. PMID:26515984

  4. Visions of the Future of (Legal) Education

    OpenAIRE

    Madison, Michael

    2017-01-01

    One law professor takes a stab at imagining an ideal law school of the future and describing how to get there. The Essay spells out a specific possible vision, taking into account changes to the demand for legal services and changes to the economics and composition of the legal profession. That thought experiment leads to a series of observations about values and vision in legal education in general and about what it might take to move any vision forward.

  5. Legal regulation of treatment of wild animals

    OpenAIRE

    Kolečkářová, Eliška

    2014-01-01

    The diploma thesis deals with the legal regulation of the treatment with wild animals. It compares different terms used in legal regulation of protection of animals. It specified differences between concept of an animal in private law and public law. The diploma thesis is focused on possibilities of gaining ownership to the wild animals, proving origin of animals bred in human care. It concerns with legal regulation of treatment with handicap animals. The diploma thesis analyzes preparation a...

  6. Crime and the Legalization of Recreational Marijuana

    OpenAIRE

    Dragone, Davide; Prarolo, Giovanni; Vanin, Paolo; Zanella, Giulio

    2017-01-01

    We provide first-pass evidence that the legalization of the cannabis market across US states may be inducing a crime drop. Exploiting the recent staggered legalization enacted by the adjacent states of Washington (end of 2012) and Oregon (end of 2014) we find, combining county-level difference-in-differences and spatial regression discontinuity designs, that the legalization of recreational marijuana caused a significant reduction of rapes and thefts on the Washington side of the border in 20...

  7. A computerized legal information management system | Ohiagu ...

    African Journals Online (AJOL)

    A computerized legal information management system. ... process through the filling system using the survey research methodology. ... A framework for the design and implementation of a legal information management system was presented.

  8. Clarity Versus Accuracy and Objectivity in Written Legal English

    Directory of Open Access Journals (Sweden)

    Violeta Janulevičienė

    2011-12-01

    Full Text Available This paper is an attempt to analyse the most important grammatical and, specifically, syntactic features and to point out some prominent lexical ones, which aim at accuracy and objectivity of a written legal document, and to discuss how these features influence clarity and transparency of the legal documents. The study covers the analysis of some EU, UK, US legislative acts alongside with some extracts from contract samples. The analysis reveals that written legal English is distinguished by long compound sentences, often with inverted word order and numerous embeddings, passive constructions and nominalisations, specific use of personal pronouns and collocations of synonyms (doublets and triplets, etc. These means allow to achieve the most possible accuracy and objectivity in legal texts but make them complicated and difficult to comprehend at once. Formality, achieved by the mentioned means, makes legal English distant from everyday language and often becomes a reason for criticism. Plain English supporters encourage simplifying legal language; however, long traditions of legal English make changes slow and difficult. Therefore, comprehension and usage of legal English still requires special knowledge of its lexical and grammatical features.

  9. " Canvas " and the Legal Business Model

    Directory of Open Access Journals (Sweden)

    Frederico de Andrade Gabrich

    2016-06-01

    Full Text Available There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strategic planning of business objectives. So it’s the need and the importance of developing a Legal Business Model that can be used in combination with Canvas.

  10. 4 CFR 83.18 - Rights of legal guardians.

    Science.gov (United States)

    2010-01-01

    ... 4 Accounts 1 2010-01-01 2010-01-01 false Rights of legal guardians. 83.18 Section 83.18 Accounts GOVERNMENT ACCOUNTABILITY OFFICE RECORDS PRIVACY PROCEDURES FOR PERSONNEL RECORDS § 83.18 Rights of legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any individual...

  11. The Legal Regulation of Cybersecurity

    OpenAIRE

    Darius Štitilis

    2013-01-01

    Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regul...

  12. The Impact of Legalized Abortion on Crime

    OpenAIRE

    John Donohue; Steven Levitt

    2000-01-01

    We offer evidence that legalized abortion has contributed significantly to recent crime reductions. Crime began to fall roughly 18 years after abortion legalization. The 5 states that allowed abortion in 1970 experienced declines earlier than the rest of the nation, which legalized in 1973 with Roe v. Wade. States with high abortion rates in the 1970s and 1980s experienced greater crime reductions in the 1990s. In high abortion states, only arrests of those born after abortion legaliz...

  13. 31 CFR 3.3 - Legal review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.3 Section 3.3 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any...

  14. 31 CFR 3.22 - Legal review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.22 Section 3.22 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Small Claims Act § 3.22 Legal review. Claims...

  15. Traditional Festivals to Become Legal Holidays

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    @@ As nearly everyone knows already,the state is going to rearrange the schedule of legal holidays. The four traditional Chinese festivals, inluding Mid-Autumn Day, Dragon Boat Festival,Tomb-Sweeping Day and Spring Festival Eve, will be made into legal holidays. As for the Golden Week system, should it be continued or canceled?

  16. 16 CFR 698.2 - Legal effect.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 698.2 Section 698.2 Commercial Practices FEDERAL TRADE COMMISSION THE FAIR CREDIT REPORTING ACT MODEL FORMS AND DISCLOSURES § 698.2 Legal effect. These model forms and disclosures prescribed by the FTC do not constitute a trade regulation rule...

  17. Representation and Non-representation of Knowledge Mediation in Legal Contracts

    DEFF Research Database (Denmark)

    Larsen, Aase Voldgaard

    takes place in different ways. A survey among lawyers (Larsen 2009) showed that, concerning legal contracts, mediation of knowledge is largely performed by legal experts, i.e. lawyers, to their clients during personal consultations before the contract is signed. Many lawyers prefer to explain difficult......In this paper, focus is on mediation of legal knowledge between expert and layman in connection with German legal contracts. Focus is not, however, on the role of a classical mediator (e.g. a translator), but on knowledge mediation performed by the expert himself. This mediation of legal knowledge...... for the layman. Some legal experts, however, take these problems into account and mediate the legal knowledge that the layman is expected to be lacking in the wording of the legal contract. Using methods of text analysis, this paper explores the ways in which this is done. On the one hand, it is seen...

  18. MEDICAL ERROR: CIVIL AND LEGAL ASPECT.

    Science.gov (United States)

    Buletsa, S; Drozd, O; Yunin, O; Mohilevskyi, L

    2018-03-01

    The scientific article is focused on the research of the notion of medical error, medical and legal aspects of this notion have been considered. The necessity of the legislative consolidation of the notion of «medical error» and criteria of its legal estimation have been grounded. In the process of writing a scientific article, we used the empirical method, general scientific and comparative legal methods. A comparison of the concept of medical error in civil and legal aspects was made from the point of view of Ukrainian, European and American scientists. It has been marked that the problem of medical errors is known since ancient times and in the whole world, in fact without regard to the level of development of medicine, there is no country, where doctors never make errors. According to the statistics, medical errors in the world are included in the first five reasons of death rate. At the same time the grant of medical services practically concerns all people. As a man and his life, health in Ukraine are acknowledged by a higher social value, medical services must be of high-quality and effective. The grant of not quality medical services causes harm to the health, and sometimes the lives of people; it may result in injury or even death. The right to the health protection is one of the fundamental human rights assured by the Constitution of Ukraine; therefore the issue of medical errors and liability for them is extremely relevant. The authors make conclusions, that the definition of the notion of «medical error» must get the legal consolidation. Besides, the legal estimation of medical errors must be based on the single principles enshrined in the legislation and confirmed by judicial practice.

  19. How reliable are forensic evaluations of legal sanity?

    Science.gov (United States)

    Gowensmith, W Neil; Murrie, Daniel C; Boccaccini, Marcus T

    2013-04-01

    When different clinicians evaluate the same criminal defendant's legal sanity, do they reach the same conclusion? Because Hawaii law requires multiple, independent evaluations when questions about legal sanity arise, Hawaii allows for the first contemporary study of the reliability of legal sanity opinions in routine practice in the United States. We examined 483 evaluation reports, addressing 165 criminal defendants, in which up to three forensic psychiatrists or psychologists offered independent opinions on a defendant's legal sanity. Evaluators reached unanimous agreement regarding legal sanity in only 55.1% of cases. Evaluators tended to disagree more often when a defendant was under the influence of drugs or alcohol at the time of the offense. But evaluators tended to agree more often when they agreed about diagnosing a psychotic disorder, or when the defendant had been psychiatrically hospitalized shortly before the offense. In court, judges followed the majority opinion among evaluators in 91% of cases. But when judges disagreed with the majority opinion, they usually did so to find defendants legally sane, rather than insane. Overall, this study indicates that reliability among practicing forensic evaluators addressing legal sanity may be poorer than the field has tended to assume. Although agreement appears more likely in some cases than others, the frequent disagreements suggest a need for improved training and practice.

  20. Abortion Legalization and Life-Cycle Fertility

    Science.gov (United States)

    Ananat, Elizabeth Oltmans; Gruber, Jonathan; Levine, Phillip

    2007-01-01

    The early-1970s abortion legalization led to a significant drop in fertility. We investigate whether this decline represented a delay in births or a permanent reduction in fertility. We combine Census and Vital Statistics data to compare the lifetime fertility of women born in early-legalizing states, whose peak childbearing years occurred in the…

  1. Prohibition as ontological basis of the Russian legal reality

    Directory of Open Access Journals (Sweden)

    Andrey V. Skorobogatov

    2016-09-01

    Full Text Available Objective to identify characteristics of the nature content and functioning of prohibition in the legal reality of Russia. nbsp Methods the methodological basis of research is the dialectical approach to cognition of social phenomena allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors as well as a postmodern paradigm giving the opportunity to explore the legal reality at different levels. Dialectical approach and postmodern paradigm determined the choice of specific research methods comparative hermeneutic discursive. Results the paper proposes a definition of prohibition as a state socio volitional constraining limiting means that under the threat of legal liability is intended to prevent the wrongful act of the subject physical or legal entity and ensure the maintenance of law and order. Prohibition is a necessary means of ensuring the discipline of public relations and the consolidation of legal values designed to assure the effectiveness of legal regulation. Scientific novelty for the first time the article shows that prohibition as a legal category is the ontological basis of legal reality and acts as a determining factor in the content and focus not only of lawmaking and law enforcement but legal behavior as well. Practical significance the main provisions and conclusions of the article can be used in research and teaching when considering questions about the nature content and functioning of prohibitions.

  2. Attitudes Toward Medical Cannabis Legalization Among Serbian Medical Students.

    Science.gov (United States)

    Vujcic, Isidora; Pavlovic, Aleksandar; Dubljanin, Eleonora; Maksimovic, Jadranka; Nikolic, Aleksandra; Sipetic-Grujicic, Sandra

    2017-07-29

    Currently, medical cannabis polices are experiencing rapid changes, and an increasing number of nations around the world legalize medical cannabis for certain groups of patients, including those in Serbia. To determine medical students' attitudes toward medical cannabis legalization and to examine the factors influencing their attitudes. Fourth-year medical students at the Faculty of Medicine, University of Belgrade, had participated in a cross-sectional study. Data were collected by an anonymous questionnaire. Overall, 63.4% students supported medical cannabis legalization, and only 20.8% supported its legalization for recreational use. Students who previously used marijuana (p medical cannabis legalization compared with students who never used them. Support for marijuana recreational use was also related to prior marijuana (p cancer (90.4%) and chronic pain (74.2%) were correctly reported approved medical indications by more than half the students. Students who supported medical cannabis legalization showed better knowledge about indications, in contrast to opponents for legalization who showed better knowledge about side effects. Beliefs that using medical cannabis is safe and has health benefits were correlated with support for legalization, and previous marijuana and alcohol use, while beliefs that medical cannabis poses health risks correlated most strongly with previous marijuana use. Conclusions/Importance: The medical students' attitudes toward medical cannabis legalization were significantly correlated with previous use of marijuana and alcohol, knowledge about medical indications and side effects, and their beliefs regarding medical cannabis health benefits and risks.

  3. Infidelity and the Possibility of a Liberal Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2017-01-01

    This paper argues that according to the influential version of legal moralism presented by Moore infidelity should all-things-considered be criminalized. This is interesting because criminalizing infidelity is bound to be highly controversial and because Moore’s legal moralism is a prime example...... of a self-consciously liberal legal moralism, which aims to yield legislative implications that are quite similar to liberalism, while maintaining that morality as such should be legally enforced. Moore tries to make his theory yield such implications, first by claiming that the scope of our moral...... obligations is much more limited than legal moralists have traditionally claimed, and second by allowing for the possibility that the goodness of legally enforcing morality is often outweighed by the badness of limiting citizens’ morally valuable autonomy and spending scarce resources on enforcement. If Moore...

  4. Legal Change and Stigma in Surrogacy and Abortion.

    Science.gov (United States)

    Robertson, John A

    2015-01-01

    Stigma marks both surrogacy and abortion. Legal change lessens stigma but may not remove it altogether. Post-legalization regulation may reinstall stigma by surrounding a legalized practice with barriers that make exercise of that right more difficult. As a result, law may reenact stigma even as it purports to take it away. © 2015 American Society of Law, Medicine & Ethics, Inc.

  5. 21 CFR 21.75 - Rights of legal guardians.

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 1 2010-04-01 2010-04-01 false Rights of legal guardians. 21.75 Section 21.75... Individual § 21.75 Rights of legal guardians. For the purposes of this part, the parent of any individual who is a minor or the legal guardian of any individual who has been declared to be incompetent due to...

  6. Conceptual Analysis of Causation in Legal Discourse

    Czech Academy of Sciences Publication Activity Database

    Doležal, Adam; Doležal, Tomáš

    2014-01-01

    Roč. 10, č. 7 (2014), s. 53-70 ISSN 1857-7881 Institutional support: RVO:68378122 Keywords : causation * tort law * legal liability Subject RIV: AG - Legal Sciences http://www.eujournal.org/index.php/esj/article/view/2968

  7. Senior Legal Counsel | IDRC - International Development Research ...

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

    Advises on a range of current legal and business issues impacting IDRC by ... legal and risk management practices, and recommending courses of action to ... in conducting its overseas operations;; advising on new legislation, such as the ...

  8. Legal pluralism and social justice in economic and political development

    NARCIS (Netherlands)

    Benda-Beckmann, von F.

    2001-01-01

    Legal pluralism is an approach which accepts the possibility that within any given polity, there can be more than one 'legal order' and that the state is not the exclusive source of legal regulation. Nevertheless, defining whether a particular claim or social relation is legally sanctioned is a

  9. 16 CFR 600.2 - Legal effect.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 600.2 Section 600.2 Commercial... INTERPRETATIONS § 600.2 Legal effect. (a) The interpretations in the Commentary are not trade regulation rules or regulations, and, as provided in § 1.73 of the Commission's rules, they do not have the force or effect of...

  10. Semantiz Structure of the Legal Term

    Directory of Open Access Journals (Sweden)

    Екатерина Владимировна Кулевская

    2016-12-01

    Full Text Available The article examines the semantic structure of the legal term. Nowadays, with the rapid development of cross-cultural communication, people, while pursuing their professional career, learn specific languages, including the language of law, with terms being its important component. Terms can often impede the process of successful cross-cultural communication so teaching cross-cultural communication, according to many researchers, including P. Cranmer and K. Koskinen, is immensely important. The article aims to demonstrate that a legal term, a word or phrase used in legislation, is a generalized name for a legal concept that may lack a precise meaning in practice as it is polysemous. To proof this statement, the semantic structure of the legal term is studied from the cognitive point of view. The key terms (term, frame, lexico-semantic variant of a word, microframe (reference category are defined at the beginning of the article. The article also describes the classification of various semantic structures of terms developed by Prof. Belyayevskaya, based on an analysis of the cognitive foundations of the typology of semantic structures as well as on the classification of meanings. They are homogeneous semantic structures, with different lexico-semantic variants of a polysemous word representing different aspects of one microframe; these structures include monosemous terms, polysemous terms with a homogeneous semantic structure, and terms with the intermediate type of lexemes. Heterogeneous semantic structures are semantic structures, with a lexico-semantic variant of a word representing two or more reference categories rather than one category; these structures are considered to be “classical” polysemy. Two types of such structures are introduced in the article, with examples of the actualization of their lexical meaning in speech being analysed (there were used examples from the British and Russian National corpora; official legal documents and

  11. Legal Knowledge as a Tool for Social Change

    Science.gov (United States)

    González Vélez, Ana Cristina; Jaramillo, Isabel Cristina

    2017-01-01

    Abstract In May 2006, Colombia’s Constitutional Court liberalized abortion, introducing three circumstances under which the procedure would not be considered a crime: (1) rape or incest; (2) a risk to the woman’s health or life; and (3) fetal malformations incompatible with life. Immediately following the court’s ruling, known as Sentence C-355, members of La Mesa por la Vida y Salud de las Mujeres (hereinafter La Mesa) began to mobilize to ensure the decision’s implementation, bearing in mind the limited impact that the legal framework endorsed by the court has had in other countries in the region. We argue that La Mesa’s strategy is an innovative one in the field of legal mobilization insofar as it presumes that law can be shaped not just by public officials and universities but also by social actors engaged in the creation and diffusion of legal knowledge. In this regard, La Mesa has become a legal expert on abortion by accumulating knowledge about the multiple legal rules affecting the practice of abortion and about the situations in which these rules are to be applied. In addition, by becoming a legal expert, La Mesa has been able to persuade health providers that they will not risk criminal prosecution or being fired if they perform abortions. We call this effect of legal mobilization a “pedagogical effect” insofar as it involves the production of expertise and appropriation of knowledge by health professionals. We conclude by discussing La Mesa’s choice to become a legal expert on abortion as opposed to recruiting academics to do this work or encouraging women to produce and disseminate this knowledge. PMID:28630545

  12. Indonesian legal framework to support innovation sustainability

    Science.gov (United States)

    Pratama, Bambang

    2018-03-01

    The successful economy in a country can be measured by the number of commercializing intellectual property rights (IPR). To pursue IPR growth, triple helix component becomes a backbone to weave academia, business and government to collaborate with each other. Generally, collaborations move from their common interest, but within triple helix the collaboration can be run structurally and sustain. Depart from the arguments; the question arises: How is the condition of Indonesia Innovation System? Through legal approach, this paper will explain current legal condition and legal structure of the Indonesian innovation system. The reason to review the law is to relate with the government’s target to create 1000 digital start-ups alike as in Silicon Valley level size. Therefore, legal framework review becomes useful to explain the condition of the law as a supporting system. In this sense, the legal prescription can be generated to confirm Indonesian laws, whether supported the national innovation system or conversely. Within law perspective, Indonesian government categorizes the innovative industry as a creative industry. However, there is still no resolute concept to follow. Therefore, some of law adjustment is needed to support the government’s plan to pursue commercialized innovation.

  13. Parents Representations of the Legal Socialization of Children

    Directory of Open Access Journals (Sweden)

    Kalashnikova A.S.,

    2014-11-01

    Full Text Available Insufficient knowledge about the impact of parental education on the development strategies of justice of children and adolescents in destabilizing the social conditions of modern society determines the relevance of the author's work. The study involved 64 subjects (39 women and 25 men aged 24 to 48 years, with minor children, including 30 subjects with a harmonious style of parenting and 34 - with disharmonious style. We used a questionnaire "Analysis of family relationships" (E.G. Eidemiller, V.V. Yustitskis, a technique of studying legal awareness of J. Tapp and F. Levine, as well as specially designed questionnaires, aimed at studying the cognitive (knowledge of parents about legal socialization and behavioral (conversations on topics of law, reinforcement and punishment of right and wrong actions, monitoring of performance, personal example components of legal socialization. We obtained new empirical evidence on the relation between the features of legal socialization of children and parent-child relationship, clarified the role of the individual types of parental attitudes in the formation of the legal socialization of children, revealed the factors of parental attitudes that hinder and facilitate the process of legal socialization of children

  14. 22 CFR 92.85 - Service of legal process usually prohibited.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Service of legal process usually prohibited. 92... RELATED SERVICES Quasi-Legal Services § 92.85 Service of legal process usually prohibited. The service of process and legal papers is not normally a Foreign Service function. Except when directed by the...

  15. Building the South African Nation through Legal Deposit: The Impact ...

    African Journals Online (AJOL)

    The legal deposit of and preservation of digital materials depends on the proper legislative framework and implementation of the Legal Deposit Act. This article examines the challenges related to legal instruments affecting the legal deposit of digital materials in South Africa. Two main objectives of the study upon which this ...

  16. Expectancy and Professional Norms in Legal Translation

    DEFF Research Database (Denmark)

    Faber, Dorrit; Hjort-Pedersen, Mette

    2013-01-01

    . These parameters focus on the degree to which the use of explicitation and implicitation is considered to influence meaning transfer, authentic English legal language and style, and the informative function of the translation in a defined translational situation. Based on Chesterman’s categorization of norms...... perceived norms influence the use of explicitation and implicitation. The findings are based on experiments involving Danish translators and legal experts who were asked to evaluate three different translations into English of the same Danish legal source text on a set of defined parameters...

  17. CONSIDERATIONS REGARDING THE INTERPRETATION OF LEGAL NORM

    Directory of Open Access Journals (Sweden)

    Camelia IGNĂTESCU

    2013-12-01

    Full Text Available The legal norm represents an intellectual creation of the legislator. It is expressed in legal language, according to certain rules of preparation, respecting the grammar rules specific to the language in which it is drawn up, as well as the legislative technique. The final result, thought out and wanted by the author, must be understood in direct relation to his intention. Interpretation of the law concerns the particular significance of the general form and the cognitive value of the information, of grammatical construction that expresses the legal norm.

  18. Legal highs - legal aspects and legislative solutions.

    Science.gov (United States)

    Kapka-Skrzypczak, Lucyna; Kulpa, Piotr; Sawicki, Krzysztof; Cyranka, Małgorzata; Wojtyła, Andrzej; Kruszewski, Marcin

    2011-01-01

    In recent years the attention of society, the media and politicians has focused on the negative phenomenon of the occurrence of an enormous amount of new psychoactive substances flooding the European market. In Poland and in Europe they are known under the name 'legal highs' or 'smart drugs'. In many countries these compounds present a serious social and health problem. The core of the problem is the fact that in the light of the law these substances are legal, while actually they imitate the eff ect of illegal narcotics. Smart drugs are sold allegedly as 'products not intended for human consumption', under the cover of 'collector's commodities', 'incense sticks' or 'bath salts'. Efforts undertaken by many countries, including Poland, are biased towards gaining control over this pathological phenomenon by placing the subsequent substances on the list of prohibited agents. However, the resilient chemical and pharmaceutical industry still remains one step ahead by introducing new derivatives of already banned products, practically identical in action. The presented article is an attempt to bring closer the problem of smart drugs in Poland, from the occurrence of this alarming phenomenon, through the spread of sales in shops all over Poland, to a series of changes in the Polish anti-narcotic law, drastic actions of closing the shops throughout the entire country, and transferring the sale of smart drugs to the internet.

  19. 22 CFR 92.89 - Fees for service of legal process.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Fees for service of legal process. 92.89 Section 92.89 Foreign Relations DEPARTMENT OF STATE LEGAL AND RELATED SERVICES NOTARIAL AND RELATED SERVICES Quasi-Legal Services § 92.89 Fees for service of legal process. No charge should be made for...

  20. Legal aspects of workers' health protection against asbestos in Poland in the light of the EU legal framework

    Directory of Open Access Journals (Sweden)

    Beata Świątkowska

    2013-10-01

    Full Text Available Legal protection of human life and health against asbestos dust-related hazards is carried out in various dimensions of the European Union law mainly focused on health protection of employees and responsibilities of employers, as well as on environmental protection. The aim of this paper is to present the Community legal issues emphasizing the protection of workers against asbestos and discuss the current state of Polish law in this regard. An analysis of recent legal solutions provides a comprehensive look at the extensive steps currently taken to reduce the risk of exposure to asbestos dust. The legislation in the European Union, including Poland indicates sound foundations for assuring health and safety of workers still exposed to asbestos and those formerly employed in asbestos processing plants. It is only postulated to unify high standards of healthcare to provide all workers employed in asbestos exposure with equal and particular legal protection. Med Pr 2013;64(5:689–697

  1. The impact of cuts in legal aid funding on charities.

    Science.gov (United States)

    Morris, Debra; Barr, Warren

    2013-03-01

    This article focusses on the specific impact of the cuts in legal aid funding on the charitable sector. The sector plays a significant role in advice giving. Some charities have the provision of legal advice as their sole purpose, whilst the work of other charities includes the giving of legal advice. Funding comes via a number of sources including legal aid, local authorities and charitable trusts. Whilst this volume highlights the legal aid reforms that will lead to significant cuts in funding, this article notes that charitable providers of legal advice have also suffered major cuts from their other traditional funding sources. Against this background, the article considers the serious and often unforeseen consequences for charities of the legal aid reforms, which go far beyond the impact on the high street law firm and access to justice for claimants.

  2. Piercing and tattoos in adolescents: legal and medico-legal implications

    Directory of Open Access Journals (Sweden)

    Conti Adelaide

    2018-04-01

    Full Text Available Non-therapeutic body modification interventions are permitted within the limits of the use of one’s own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents.

  3. The penal aspect of the essence of the legal institute

    Directory of Open Access Journals (Sweden)

    Олег Миколайович Кревсун

    2016-04-01

    Full Text Available Law, like any social phenomenon, can be the object of cognition only if legal norms that is its components, will come into connection with other legal norms, not only to form separate elements of the law. Without a comprehensive study of the interaction between legal norms, their role in the regulation of social relations will be impossible to develop effective legal measures of influence on various spheres of public life. Unfortunately, proper attention to this issue in Ukraine is not given. Examined, in fact, a certain set of interconnected rules of law, but each of them, representing this population, is investigated separately, without necessary connection with other laws. However, as presented in the legal literature, the research results confirmed the existence in law of such legal norms, which are involved in the regulation of certain social relations, being in its totality as an integrated whole. Such laws called legal institutions. Legal institutions, subinstitutes and interdisciplinary subinstitutes of penal law, both from the point of view of legal terminology and from the point of view of defining the content, in domestic science remains thoroughly unexplored and only mentioned in some scientific works of foreign authors. The term “legal institution” is used by scholars more as a term authoritative sound. In this article, we first provide a definition of the legal Institute, subinstitute and cross-subinstitute of penal law, interpret the normative contents of the allocated inherent characteristics, focusing on the absence in domestic science studies on this issue.

  4. FEATURES DELINEATION AND USE OF SPECIALLY PROTECTED THE CASPIAN LOWLAND THE REPUBLIC OF DAGHESTAN

    Directory of Open Access Journals (Sweden)

    Z. A. Kurbanova

    2015-01-01

    Full Text Available Questions of delimitation of state property on specially protected areas land of the Caspian lowland in Daghestan need further study. It is Requires the definition of the status of land of recreational zones of the coast of the Caspian sea, including coastal and border strips, legal and logical resolution of the millet for the management of these lands as Federal property. It is Necessary to accelerate the work on the delimitation of the remaining areas of land in this zone, to take inventory, to put these lands on cadastral registration and to sign lease agreements with businesses on these lands. 

  5. Renewable energies supported by GIS and land management; Erneuerbare Energien unterstuetzt durch GIS und Landmanagement

    Energy Technology Data Exchange (ETDEWEB)

    Klaerle, Martina (ed.)

    2012-11-01

    The author of the book under consideration reports on the support of renewable energy sources by Geographical Information Systems (GIS) and land management. The first part of this book is addressed to actual land political and planning legal fundamentals of the energy policy turnaround as well as on future developments of the planning instruments. The second part of this book presents GIS based tools and concrete application examples which are very valuable for regional authorities in the implementation of the energy policy turnaround: solar plant cadastre, holistic potential analysis for all forms of renewable energy systems, visibility studies, flexible power grids and so forth.

  6. 32 CFR 727.6 - Functions of legal assistance officers.

    Science.gov (United States)

    2010-07-01

    ... another party or his lawyer, and prepare all types of legal documents, including pleadings, as are... Act of 1964 and pertinent Navy instructions. (b) Nature of assistance. Legal assistance officers and... problems, business ventures, or matters that are not of a personal nature. Legal assistance duties are...

  7. 77 FR 12754 - Contractor Legal Management Requirements; Acquisition Regulations

    Science.gov (United States)

    2012-03-02

    ... DEPARTMENT OF ENERGY 10 CFR Part 719 48 Parts 931, 952 and 970 RIN 1990-AA37 Contractor Legal... rulemaking (NOPR) to revise existing regulations covering contractor legal management requirements and make... relating to the DOE notice of proposed rulemaking to revise existing regulations covering contractor legal...

  8. UBERTRUST: How Uber Represents Itself to Its Customers Through its Legal and Non-Legal Documents

    OpenAIRE

    Noto La Diega, Guido; Jacovella, Luce

    2016-01-01

    This paper examines some of the key factors that contribute to build or erode users’ trust in a platform-based service such as the one provided by Uber Technologies Inc. As clarified by the European Commission, the future Internet cannot succeed without trust of online platforms’ users. The paper explores Uber’s web of relationships with different categories of users, i.e., ‘driver-partners’, ‘riders’, ‘developers’ and ‘business users’ through Uber’s legal and non-legal representations. By an...

  9. European New Legal Realism and International Law:

    DEFF Research Database (Denmark)

    Holtermann, Jakob v. H.; Madsen, Mikael Rask

    2015-01-01

    complex analysis which takes legal validity seriously but as a genuinely empirical object of study. This article constructs this position by identifying a distinctively European realist path which takes as its primary inspirations Weberian sociology of law and Alf Ross’ Scandinavian Legal Realism...

  10. The Reach and Limits of Legal Education.

    Science.gov (United States)

    Schwartz, Murray L.

    1982-01-01

    Recent studies of the state of legal education and the practice of law are criticized, and legal education is found to be healthy. Practical and professional responsibility training is recommended for post-law school training rather than in the classical curriculum. (MSE)

  11. Legal institutions, strategic default, and stock returns

    NARCIS (Netherlands)

    Favara, G.; Schroth, E.; Valta, P.

    2008-01-01

    This paper studies the impact of legal institutions on stock returns. More specifically, we examine how differences in debt enforcement and creditor protection around the world affect stock returns of individual firms. We hypothesize that if legal institutions prevent shareholders from engaging in

  12. Teaching the Legal Aspects of Business Communication.

    Science.gov (United States)

    Harcourt, Jules

    1990-01-01

    Maintains that the basic business communication course is the ideal course in which to discuss the legal aspects of business communication. Reviews some of the most important legal considerations: contract communications, credit and collections communication, employment communication, and other interpersonal communication. (SR)

  13. Implications of Marijuana Legalization for Adolescent Substance Use

    OpenAIRE

    Hopfer, Christian

    2014-01-01

    Marijuana that is legally available for adults has multiple implications for adolescent substance use. One potential effect that legalization may have is an increase in adolescent use to due increased availability, greater social acceptance, and possibly lower prices. Legalization may also facilitate the introduction of new formulations of marijuana (edible, vaporized) and with potentially higher potencies. It is unknown what adolescent consumption patterns will be if marijuana is widely avai...

  14. Orthographic familiarity, phonological legality and number of orthographic neighbours affect the onset of ERP lexical effects

    Directory of Open Access Journals (Sweden)

    Adorni Roberta

    2008-07-01

    Full Text Available Abstract Background It has been suggested that the variability among studies in the onset of lexical effects may be due to a series of methodological differences. In this study we investigated the role of orthographic familiarity, phonological legality and number of orthographic neighbours of words in determining the onset of word/non-word discriminative responses. Methods ERPs were recorded from 128 sites in 16 Italian University students engaged in a lexical decision task. Stimuli were 100 words, 100 quasi-words (obtained by the replacement of a single letter, 100 pseudo-words (non-derived and 100 illegal letter strings. All stimuli were balanced for length; words and quasi-words were also balanced for frequency of use, domain of semantic category and imageability. SwLORETA source reconstruction was performed on ERP difference waves of interest. Results Overall, the data provided evidence that the latency of lexical effects (word/non-word discrimination varied as a function of the number of a word's orthographic neighbours, being shorter to non-derived than to derived pseudo-words. This suggests some caveats about the use in lexical decision paradigms of quasi-words obtained by transposing or replacing only 1 or 2 letters. Our findings also showed that the left-occipito/temporal area, reflecting the activity of the left fusiform gyrus (BA37 of the temporal lobe, was affected by the visual familiarity of words, thus explaining its lexical sensitivity (word vs. non-word discrimination. The temporo-parietal area was markedly sensitive to phonological legality exhibiting a clear-cut discriminative response between illegal and legal strings as early as 250 ms of latency. Conclusion The onset of lexical effects in a lexical decision paradigm depends on a series of factors, including orthographic familiarity, degree of global lexical activity, and phonologic legality of non-words.

  15. Introduction to the article collection 'Translation in healthcare: ethical, legal, and social implications'.

    Science.gov (United States)

    Morrison, Michael; Dickenson, Donna; Lee, Sandra Soo-Jin

    2016-11-14

    New technologies are transforming and reconfiguring the boundaries between patients, research participants and consumers, between research and clinical practice, and between public and private domains. From personalised medicine to big data and social media, these platforms facilitate new kinds of interactions, challenge longstanding understandings of privacy and consent, and raise fundamental questions about how the translational patient pathway should be organised.This editorial introduces the cross-journal article collection "Translation in healthcare: ethical, legal, and social implications", briefly outlining the genesis of the collection in the 2015 Translation in healthcare conference in Oxford, UK and providing an introduction to the contemporary ethical challenges of translational research in biology and medicine accompanied by a summary of the papers included in this collection.

  16. 76 FR 81408 - Contractor Legal Management Requirements; Acquisition Regulations

    Science.gov (United States)

    2011-12-28

    ... DEPARTMENT OF ENERGY 10 CFR Part 719 48 CFR Parts 931, 952 and 970 RIN 1990-AA37 Contractor Legal... Energy (DOE or Department) is proposing to revise existing regulations covering contractor legal... costs by certain contractors whose contracts exceed $100,000,000 as well as legal counsel retained...

  17. Cannabis use and support for cannabis legalization

    NARCIS (Netherlands)

    Palali, Ali; van Ours, Jan

    2017-01-01

    We investigate the determinants of the support for cannabis legalization finding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this finding to self-interest and inside information about potential dangers of

  18. INTERNATIONALLY LEGAL MEASURES TO COMBAT TERRORIST FINANCING

    Directory of Open Access Journals (Sweden)

    Yuniarti Yuniarti

    2014-09-01

    Full Text Available Following the terrorist attacks in the USA on September 11th, 2001, it was discovered that money laundering was a significant source of finance for terrorists. Although, the amount of money that involve is not as involve as in drug and gun trafficking, terrorist financing had been the most important substance to be monitor. Further, various legal measures have been taken internationally in order to combat terrorist financing. This research analyses the legal measures that have been taken internationally and at EU level to combat terrorist financing. Key words: Money Laundering, Terrorist Financing, International Legal measures, EU.

  19. Review of: Legal practice and cultural diversity

    DEFF Research Database (Denmark)

    Vinding, Niels Valdemar

    2010-01-01

    This anthology comprises contributions from a conference on legal practice and cultural diversity held in London in July 2007, but the editors take their cue from the speech made in February 2008 by the Archbishop of Canterbury, Dr Rowan Williams. The questions central to the book are the same...... that arose after the speech by the Archbishop: whether or to what extent cultural difference should be recognized by legal systems. Legal practice and cultural diversity, edited by Ralph Grillo, Roger Ballard, Alessandro Ferrari, Andre´ J. Hoekema, Marcel Maussen, and Prakash Shah, Farnham, UK, Ashgate, 2009...

  20. Beyond cross-domain learning: Multiple-domain nonnegative matrix factorization

    KAUST Repository

    Wang, Jim Jing-Yan; Gao, Xin

    2014-01-01

    Traditional cross-domain learning methods transfer learning from a source domain to a target domain. In this paper, we propose the multiple-domain learning problem for several equally treated domains. The multiple-domain learning problem assumes that samples from different domains have different distributions, but share the same feature and class label spaces. Each domain could be a target domain, while also be a source domain for other domains. A novel multiple-domain representation method is proposed for the multiple-domain learning problem. This method is based on nonnegative matrix factorization (NMF), and tries to learn a basis matrix and coding vectors for samples, so that the domain distribution mismatch among different domains will be reduced under an extended variation of the maximum mean discrepancy (MMD) criterion. The novel algorithm - multiple-domain NMF (MDNMF) - was evaluated on two challenging multiple-domain learning problems - multiple user spam email detection and multiple-domain glioma diagnosis. The effectiveness of the proposed algorithm is experimentally verified. © 2013 Elsevier Ltd. All rights reserved.

  1. Beyond cross-domain learning: Multiple-domain nonnegative matrix factorization

    KAUST Repository

    Wang, Jim Jing-Yan

    2014-02-01

    Traditional cross-domain learning methods transfer learning from a source domain to a target domain. In this paper, we propose the multiple-domain learning problem for several equally treated domains. The multiple-domain learning problem assumes that samples from different domains have different distributions, but share the same feature and class label spaces. Each domain could be a target domain, while also be a source domain for other domains. A novel multiple-domain representation method is proposed for the multiple-domain learning problem. This method is based on nonnegative matrix factorization (NMF), and tries to learn a basis matrix and coding vectors for samples, so that the domain distribution mismatch among different domains will be reduced under an extended variation of the maximum mean discrepancy (MMD) criterion. The novel algorithm - multiple-domain NMF (MDNMF) - was evaluated on two challenging multiple-domain learning problems - multiple user spam email detection and multiple-domain glioma diagnosis. The effectiveness of the proposed algorithm is experimentally verified. © 2013 Elsevier Ltd. All rights reserved.

  2. Legal protection of land from pollution

    Directory of Open Access Journals (Sweden)

    Petrović Zdravko

    2014-01-01

    Full Text Available Situated in the study conducted in this paper, using the method of analysis of contents, induction and deduction, historical and legal dogmatic indicated that ecology as their object of legal protection has three global natural values: air, water, land, and atmosphere, hydrosphere and lithosphere as constituent elements of the biosphere. Land as a special natural product comprises a solid layer of the Earth that is specific to the biosphere. The importance of land from the perspective of sustainable development is multifaceted, especially when seen through its environmental, industrial, manufacturing, socio-economic, educational, scientific, cultural, historical and any other useful functions. Its most important function is to fertility and the ability to flora supplying water, oxygen and mineral substances. Natural processes that led to the creation of land argue the view that it belongs to the so-called renewable resources, but only if it's a man rational use and encourages their natural reproduction. In accordance with current legislation and categorization of land, this survey includes agricultural land. In this paper, we have opted for ecological and legal land protection as one of the most important natural resources whose quality and extent of a very significant impact on the environment as a whole. The introductory part of the paper included a terminological demarcation and specificity of the case study of environmental law, as well as the possible forms of soil pollution. Methodological framework of research, using the method of content analysis of existing domestic and international legal legislation, method comparison and synthesis were studied legal documents that protect the land from pollution.

  3. ERRORS AND DIFFICULTIES IN TRANSLATING LEGAL TEXTS

    Directory of Open Access Journals (Sweden)

    Camelia, CHIRILA

    2014-11-01

    Full Text Available Nowadays the accurate translation of legal texts has become highly important as the mistranslation of a passage in a contract, for example, could lead to lawsuits and loss of money. Consequently, the translation of legal texts to other languages faces many difficulties and only professional translators specialised in legal translation should deal with the translation of legal documents and scholarly writings. The purpose of this paper is to analyze translation from three perspectives: translation quality, errors and difficulties encountered in translating legal texts and consequences of such errors in professional translation. First of all, the paper points out the importance of performing a good and correct translation, which is one of the most important elements to be considered when discussing translation. Furthermore, the paper presents an overview of the errors and difficulties in translating texts and of the consequences of errors in professional translation, with applications to the field of law. The paper is also an approach to the differences between languages (English and Romanian that can hinder comprehension for those who have embarked upon the difficult task of translation. The research method that I have used to achieve the objectives of the paper was the content analysis of various Romanian and foreign authors' works.

  4. Physician-assisted suicide: the legal slippery slope.

    Science.gov (United States)

    Walker, R M

    2001-01-01

    In Oregon, physicians can prescribe lethal amounts of medication only if requested by competent, terminally ill patients. However, the possibility of extending the practice to patients who lack decisional capacity exists. This paper examines why the legal extension of physician-assisted suicide (PAS) to incapacitated patients is possible, and perhaps likely. The author reviews several pivotal court cases that have served to define the distinctions and legalities among "right-to-die" cases and the various forms of euthanasia and PAS. Significant public support exists for legalizing PAS and voluntary euthanasia in the United States. The only defenses against sliding from PAS to voluntary euthanasia are adhering to traditional physician morality that stands against it and keeping the issue of voluntary euthanasia legally framed as homicide. However, if voluntary euthanasia evolves euphemistically as a medical choice issue, then the possibility of its legalization exists. If courts allow PAS to be framed as a basic personal right akin to the right to refuse treatment, and if they rely on right-to-die case precedents, then they will likely extend PAS to voluntary euthanasia and nonvoluntary euthanasia. This would be done by extending the right to PAS to incapacitated patients, who may or may not have expressed a choice for PAS prior to incapacity.

  5. Economic and Legal Aspects of Electronic Money

    Directory of Open Access Journals (Sweden)

    Otakar Schlossberger

    2016-06-01

    Full Text Available The term “electronic money” first appeared in Czech legislation in 2002 as the result of the transposition of legislation into the Czech Republic’s legal system in anticipation of the country’s accession to the European Union. This term subsequently reappeared in 2009 during the recodification of the legal regulation of payment services, payment systems and electronic money. At this time, the definition was subjected to certain changes which continue to exert a significant influence on current practice with respect to the issuance and subsequent use of electronic money. This paper addresses the term “virtual money” and considers the mutual relationships between “electronic money”, “cashless money” and “virtual money” from the point of view of selected legal and economic approaches. The aim of the paper is to employ the analytical method in order to investigate selected legal and economic aspects of the various interpretations of the categories “electronic money”, “cashless money” and “virtual money”. A comparative analysis approach will be applied so as to ascertain both the legal and economic differences between these categories and general conclusions will be suggested employing the deduction method. The article is further concerned with the influence of these categories on the monetary base and money supply indicators.

  6. Legal regime of human activities in outer space law

    Science.gov (United States)

    Golda, Carlo

    1994-01-01

    Current developments in space activities increasingly involve the presence of humans on board spacecraft and, in the near future, on the Moon, on Mars, on board Space Stations, etc. With respect to these challenges, the political and legal issues connected to the status of astronauts are largely unclear and require a new doctrinal attention. In the same way, many legal and political questions remain open in the structure of future space crews: the need for international standards in the definition and training of astronauts, etc.; but, first of all, an international uniform legal definition of astronauts. Moreover, the legal structure for human life and operations in outer space can be a new and relevant paradigm for the definition of similar rules in all the situations and environments in which humans are involved in extreme frontiers. The present article starts from an overview on the existing legal and political definitions of 'astronauts', moving to the search of a more useful definition. This is followed by an analysis of the concrete problems created by human space activities, and the legal and political responses to them (the need for a code of conduct; the structure of the crew and the existing rules in the US and ex-USSR; the new legal theories on the argument; the definition and structure of a code of conduct; the next legal problems in fields such as privacy law, communications law, business law, criminal law, etc.).

  7. Legal liability and claims for the hotel industry

    OpenAIRE

    Dimcho Todorov

    2017-01-01

    The paper presents a review of various aspects of legal liability and claims to hotel management arising in the hotel industry in the context of the legal framework and possible legal consequences for hotels and other types of commercial accommodation establishments. The main reasons for accidents' occurrence in the hotel industry are chronologically traced. Possible claims to the hotel management are also presented in detail. The problem with workplace discrimination, which is considered as ...

  8. Legal regulation of protection of animals against cruelty

    OpenAIRE

    Spurná, Jana

    2006-01-01

    Diploma thesis: Legal regulation of protection of animals against cruelty This diploma thesis deals with national and transnational legal regulation of the protection of animals against cruelty. It comprises of four chapters. First chapter concerns ethical grounds of given issue and it provides analysis of term "animal welfare". Second chapter contains the most significant transnational legal rules of the protection of animals against cruelty adopted within the Council of Europe or the Europe...

  9. A reformed global legal architecture for corporate responsibility

    OpenAIRE

    Turner, Stephen J.

    2014-01-01

    This paper considers key features within the legal architecture of all jurisdictions that utilise the ‘corporation’ as a primary medium for business enterprise. Therefore it highlights the legal frameworks under which ‘corporations’ operate and the pressure that this places upon corporate directors to achieve specific financial outcomes. It then illustrates how this legal architecture can have certain negative effects for other stakeholders such as the environment and communities. The pape...

  10. The legacy of legal culture and Serbia's European integration

    Directory of Open Access Journals (Sweden)

    Kovačević Slaviša

    2014-01-01

    Full Text Available In the context of the EU integration, it is certainly insufficient to harmonize only the positive law and the institutional regulatory framework. In order to provide for the implementation and application of the positive law, the political and legal culture must be congruent with the legal tradition of the European Union. The 'implantation' of legal institutes is a fashionable trend common to all transition countries, which fail to recognize a significant and inevitable fact that law is created and applied in the country-specific traditional, cultural and social context. Legal norms achieve their intended purpose only when they are reinforced by a number of other traditional, cultural, political, economic, and social circumstances. Hence, there is a specific functional and structural relation between law and social culture: on the one hand, law is the product of society; on the other hand, law is also the creator of social norms. Consequently, instead of 'copying' the legal norms of the European Union, it is necessary to create a social framework for the implementation of applicable, effective and equitable EU law. In addition to nomotechnics, scientific research on the 'harmonization of Serbian law with the EU law shall include the analysis of other factors, which are only apparently outside the legal framework but which are important for the general outcome of this process. Our legal culture is largely authoritarian, which is evident in the prevalence of power in the process of making and applying the law and in the dependence of the judicial system from the executive branch of government. Law is an instrument of political power of the legally unaccountable executive branch of government. The authoritarian legal rules are not an expression of reason, prudence, wisdom and general public interest but a temporary constellation of interests of power-holders while the normative activity is a short-term tactics for accomplishing these interests. As

  11. Characteristics of illegal and legal cigarette packs sold in Guatemala.

    Science.gov (United States)

    Arevalo, Rodrigo; Corral, Juan E; Monzon, Diego; Yoon, Mira; Barnoya, Joaquin

    2016-11-25

    Guatemala, as a party to the Framework Convention on Tobacco Control (FCTC), is required to regulate cigarette packaging and labeling and eliminate illicit tobacco trade. Current packaging and labeling characteristics (of legal and illegal cigarettes) and their compliance with the FCTC is unknown. We sought to analyze package and label characteristics of illegal and legal cigarettes sold in Guatemala. We visited the 22 largest traditional markets in the country to purchase illegal cigarettes. All brands registered on tobacco industry websites were purchased as legal cigarettes. Analysis compared labeling characteristics of illegal and legal packs. Most (95%) markets and street vendors sold illegal cigarettes; 104 packs were purchased (79 illegal and 25 legal). Ten percent of illegal and none of the legal packs had misleading terms. Half of the illegal packs had a warning label covering 26 to 50% of the pack surface. All legal packs had a label covering 25% of the surface. Illegal packs were more likely to have information on constituents and emissions (85% vs. 45%, p Guatemala, neither illegal nor legal cigarette packs comply with FCTC labeling mandates. Urgent implementation and enforcement of the FCTC is necessary to halt the tobacco epidemic.

  12. Legal framework for a radiation safety infrastructure

    International Nuclear Information System (INIS)

    Bilbao, A.A.

    2000-01-01

    In this lecture the legal framework for a radiation safety infrastructure are presented. The objective of this lecture are: Legal framework; Regulatory programme; Role of Regulatory Authority in emergency situations; Assessment of the effectiveness of the regulatory programme; Cost effectiveness of the regulatory framework; and Priority actions

  13. Production in Gdlrc and Present Reflections

    Science.gov (United States)

    Kisa, A.; Çolak, S.; Bakici, S.; Özmüş, L.

    2013-08-01

    in the country, 1/5000 scaled digital color orthophoto images were producedbetween 2009-2012. Orthophoto images of other areas is carried out by General Command of Mapping (GCM). Orthophotos , base images with the current covering the whole country, cloudless, 30-45 cm in the sampling interval (Ground Sample Distance - GSD), produced will be realized by both institutions in 2014. Ongoing projects in the fields covered by the renewal is important. Orthophoto production stage, stereo, color, and near-infrared aerial photographs of the terrain elevation models are also available. Municipalities places by 1/1000 scale orthophoto images prepared in this process. The production of orthophotos, digital cadastral works of engineering projects and other institutions, decision-support processes, quality controls and integrity of the legal dimension of the feature can be used to create litter. GDLRC for these purposes by the OGC Web Services standards TNGIS prepared and successfully created the image layer. Two projects planned by GDLRC. In both of projects, historical aerial photographs, are retrieved from GDLRC and GCM archives, will scan, produce orthophoto and service from web.

  14. Medical-legal partnerships: the role of mental health providers and legal authorities in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural settings.

    Science.gov (United States)

    Speldewinde, Christopher A; Parsons, Ian

    2015-01-01

    Medical-legal partnerships (MLP) are a model in which medical and legal practitioners are co-located and work together to support the health and wellbeing of individuals by identifying and resolving legal issues that impact patients' health and wellbeing. The aim of this article is to analyse the benefits of this model, which has proliferated in the USA, and its applicability in the context of rural and remote Australia. This review was undertaken with three research questions in mind: What is an MLP? Is service provision for individuals with mental health concerns being adequately addressed by current service models particularly in the rural context? Are MLPs a service delivery channel that would benefit individuals experiencing mental health issues? The combined searches from all EBSCO Host databases resulted in 462 citations. This search aggregated academic journals, newspapers, book reviews, magazines and trade publications. After several reviews 38 papers were selected for the final review based on their relevance to this review question: How do MLPs support mental health providers and legal service providers in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural Australia? There is considerable merit in pursuing the development of MLPs in rural and remote Australia particularly as individuals living in rural and remote areas have far fewer opportunities to access support services than those people living in regional and metropolitan locations. MLPS are important channels of service delivery to assist in early invention of legal problems that can exacerbate mental health problems.

  15. Anything goes: An apology for parallel distributed legal science

    NARCIS (Netherlands)

    Hage, Jacob

    2016-01-01

    Doctrinal legal science seems to lack a proper method and purpose. This interpretation clarifies its value. The backbone of the argu- ment consists of two theses. The first is that coherence—in a sense unusu- al in law—plays a crucial role in legal science. The second is that doctrinal legal science

  16. 44 CFR 6.8 - Subpoena and other legal demands.

    Science.gov (United States)

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Subpoena and other legal..., DEPARTMENT OF HOMELAND SECURITY GENERAL IMPLEMENTATION OF THE PRIVACY ACT OF 1974 General § 6.8 Subpoena and other legal demands. Access to records in systems of records by subpoena or other legal process shall be...

  17. [Acute scrotal pain in childhood: legal pitfalls].

    Science.gov (United States)

    Bader, Pia; Hugemann, Christoph; Frohneberg, Detlef

    2017-12-01

    Acute scrotal pain in childhood is an emergency.Sudden scrotal pain may be caused by a variety of diseases. Therefore, it is important to carefully consider the specific medical history and possible differential diagnoses in each case for fast and decisive action (e. g. in case of testicular torsion). As minors lack the capacity for consent, it is absolutely necessary to obtain consent from their legal guardian. However, obtaining consent in the available time frame can cause organisational challenges in an acute emergency, which may lead to situations in the daily routine where a therapeutic decision needs to be taken (including surgery) without legal security based on consent by the guardian. In some cases, the child's consent also needs to be taken into account, depending on its age and development.For the physician and surgeon in charge, the legal evaluation of the case at hand and therewith the obtainment of legal security are of great significance. © Georg Thieme Verlag KG Stuttgart · New York.

  18. [Medical-legal issues of physical and pharmacological restraint].

    Science.gov (United States)

    Gómez-Durán, Esperanza L; Guija, Julio A; Ortega-Monasterio, Leopoldo

    2014-03-01

    The use of physical and pharmacological restraint is controversial but is currently accepted as inevitable. It is indicated for controlling behavioral disorders and psychomotor agitation that put patients and third parties at risk. Its indication should be medical, and we should opt for the least restrictive measure. Restraints represent a possible infringement of patients' fundamental rights and require understanding and strict respect for the medical-legal precepts by physicians and other practitioners involved in its application. This article reviews the current legal framework, as well as the medical-legal premises and aspects of applying restraints, with the objective of ensuring maximum respect for patients' rights and the appropriate legal safety in the activity of practitioners. Copyright © 2014 Elsevier España, S.L. All rights reserved.

  19. Legal culture: characteristics and specifics (on the example of contemporary Kazakhstan

    Directory of Open Access Journals (Sweden)

    G R Absattarov

    2014-12-01

    Full Text Available The article considers the legal culture as an ‘ideal phenomenon’ providing value meanings for the outlook of the Kazakhs and the basis for the development of the population legal consciousness. The author focuses on the national significance of the legal, civil society and the development of new legal social ideals, norms and rules, examines key problems and contradictions in the legal culture of today’s Kazakhstan.

  20. Legal Regulation of Franchise in Latvia and Abroad

    OpenAIRE

    Viktorija Jarkina

    2009-01-01

    Abstract This doctoral thesis is a scientific study “Legal Regulation of Franchise in Latvia and Abroad” which analyses in detailed and systematic manner peculiarities and trends of development of legal franchise regulation in the countries of the world, as well as issues of legal qualification and content of the franchise agreement in the context of Romanic-Germanic system of law. The theoretical basis of the study is scientific works of renowned experts of law, articles...

  1. Powering Nigeria through renewable electricity investments: legal ...

    African Journals Online (AJOL)

    Renewable energy has a prominent role in promoting energy access and addressing environmental concerns with energy use in Nigeria. However, there are legal barriers that have not allowed renewable energy to be used in the Nigerian electricity sector. The absence of an effective legal framework to encourage and ...

  2. EMERGING LEGAL ISSUES REGARDING CIVILIAN DRONE USAGE

    Directory of Open Access Journals (Sweden)

    Andrei-Alexandru STOICA

    2018-05-01

    Full Text Available Unmanned vehicles are becoming a common sighting in our day-to-day life and are soon going to become an important economic drive in creating workspaces and help achieve new milestones in human activities. As such, the technology revolving around the unmanned vehicles will push itself as much as it’s needed but with each achievement in the field of robotics a legal issue arises around how to use the newly acquired piece of technology in a public or private space and whether or not should such a technology be placed under a strict governmental control. As the saying by Prof. Henry W. Haynes (1879 goes “The possession of great powers and capacity for good implies equally great responsibilities in their employment. Where so much has been given much is required.” so does an unmanned vehicle and its operator must follow a degree of legal guidelines on how to properly use the gadget and to also to understand the legal limitations when interacting with other entities. This paper will focus on identifying and answering some legal issues regarding what is required for a drone to fly over an identifiable space, but also if the operator must have a document that was conferred by a state to acknowledge the skills of the pilot or should a software limitation be in place for national security safeguards. The paper will also tackle the issue of identifying legal documents from different states that can be applied to drone flight operations and also if different states have adopted sanctions to persons who did not abide to said legal norms.

  3. Accounting Standards and Legal Capital in EU Law

    Directory of Open Access Journals (Sweden)

    Loukas Panetsos

    2016-09-01

    Full Text Available This paper examines the interaction between accounting standards and legal capital in the European Union legal framework. More in particular, it attempts to compare on a parallel basis the distributional and behavioural function of both concepts and to address whether the current legal status quo in the European Union fulfils these functions. First, this paper makes a short reference to the various accounting families which are encountered today, with a strong emphasis on the distinction between Anglo-American and Continental systems. Then, it describes the EU accounting regulation and the introduction of IFRS in domestic legislation. Further, it discusses the concept of legal capital as it has been established in European jurisdictions and it points to the relevance of the Continental accounting standards. It is argued that both are characterized by paternalism, contrasting with Anglo-American standards and American distributional methods, which are outlined by contractariansm. The final argument is that the combination of legal capital rules and Anglo-American standards, like the IFRS, neither achieves the protective role prescribed to the former, nor guarantees the aims of the latter.

  4. LEGAL CONSCIOUSNESS OF YOUTH IN CONDITIONS OF VOCATIONAL EDUCATION: PROBLEMS AND SOLUTIONS

    Directory of Open Access Journals (Sweden)

    R. R. Kalinina

    2014-10-01

    Full Text Available Goal: to study peculiarities of legal consciousness among youth in conditions of vocational education in legal and non-legal fields.Methods and practices: empirical (Assessing moral development: dilemmas by L. Kohlberg, Practice of self-analysis diagnostics by A.V. Karpov, Test on legal and civic consciousness by L.A. Yasyukova, “Level of Subjective Control” methodology by E.F. Bazhin et al. and mathematical and statistical methods (descriptive, comparative, and cluster analyses.Result: Peculiarities of contents in legal consciousness and its regulatory function in students of legal and non-legal programs were identified. Three types of students were determined: those with non-formed legal consciousness, with formed legal consciousness and with formal legal consciousness; main directions for psychological and pedagogical work in the university to develop adequate legal consciousness in students of various fields were set.Applicability of results: results of the research can be applied when developing elective courses, extracurricular activities, strategy for character-building work of the university, both in training lawyers and other professionals.

  5. Are AustLII and Google Enough for Legal Research?

    Science.gov (United States)

    Fong, Colin

    2006-01-01

    For the past ten years law students, academics and legal practitioners have relied on AustLII and various internet search engines to conduct legal research. The purpose of this article is to examine what these can offer and to note the importance of other websites when conducting legal research. This article is based on an address given to the…

  6. Death with Dignity: A Tripartite Legal Response

    Science.gov (United States)

    Leblang, Theodore Raymond

    1978-01-01

    This article provides a descriptive overview of the legal problems that attend medical treatment of the terminally ill patient as well as a careful analysis of the legal vehicles that have been offered in response to these problems--the living will, the antidysthanasia contract, and right to die legislation. (Author)

  7. 17 CFR 1.60 - Pending legal proceedings.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Pending legal proceedings. 1... REGULATIONS UNDER THE COMMODITY EXCHANGE ACT Miscellaneous § 1.60 Pending legal proceedings. (a) Every... section to be submitted to the Commission as to matters pending on the effective date of the section (May...

  8. Southern African Development Community (SADC) trade legal ...

    African Journals Online (AJOL)

    Article XXIV of the General Agreement on Tariffs and Trade (GATT) lays down the legal principles with which regional trade agreements have to conform. Based on these principles, WTO members have the mandate to determine the legality of Regional Trade Agreements (RTAs) under the GATT. Article XXIV permits both ...

  9. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

    Important debates about the photovoltaic industry took place in 2009 and 2010 which have led to some evolutions of the French law having an economical impact on the arrangement of photovoltaic projects. The aim of this supplement to 'Droit de l'Environnement' journal is to answer some important questions at a time when the electricity market is not fully structured: the setting up of solar cell panels, town planing and property constraints; connection to the grid; project financing: power generation tariffs, partnership contract; the new legal framework set up in 2011: moratorium and new legal scheme; is 'green fiscality' still green and attractive? Settlement of disputes with the French government; actors reactions: authorities and professionals, opinion of an expert. (J.S.)

  10. Concept Of The Legal System Analysis

    Directory of Open Access Journals (Sweden)

    Petr E. Zhigockiy

    2015-03-01

    Full Text Available In the present article an attempt to provide a theoretical analysis of the legal system, and to consider the law as one of the most complicated social phenomena was made. Author notes, that the contradictions prevailing in public practice are unpredictable. Doctrines of law are varied in their approaches, scores and results, but based on a common foundation: the law for people always acted as a certain order in a society, where the differences begin. Author draws attention to the fact, that the state and the law ensure the order in society by removing contradictions and achieving social compromises. The legal reality is divided into certain groups of legal systems, there is a classification. If we are relying on the identification of groups of the same order, there is the theoretical generality as the level of the theory of law on the legal systems basis. Analysis of the political and legal systems will draw attention to the democratic and totalitarian regimes. Totalitarian regimes are characterized by law as means of violence, the means of coercion and suppression. The majority of democratic regimes are characterized by the use of law as a means of social harmony and social compromise. In conclusion, author underlines, that the theory of law can be made not only at the level of each country. This level is a necessary basis for the theory, but not its completion. Based on the individual characteristics of each country's law, that is descended from the general and particular to an individual, the theory can and should continue to make the way back from the individual to the particular and the general.

  11. Abortion Rights Legal Mobilization in the Peruvian Media, 1990-2015.

    Science.gov (United States)

    Gianella, Camila

    2017-06-01

    State and non-state actors engaged in disputes to expand and limit abortion rights have engaged in legal mobilization-in other words, strategies using rights and law as a central tool for advancing contested political goals. Peru, like other Latin American countries, has experienced an increase in abortion rights legal mobilization in recent years, including litigation before national and international courts. This paper centers on societal legal mobilization, or the legal mobilization that occurs outside the legislative and judicial branches and that includes strategies promoted by the executive branch, political actors, and non-partisan organizations and individuals. It presents an analysis of op-ed articles published in two national newspapers, El Comercio and La República , between 1990 and 2015. The paper argues that the media is also an arena where legal mobilization takes place and is not just a space influenced by legal mobilization. Rather, the media's agenda operates independently of legal mobilization in the legislature and the courts, and it determines whether certain issues receive coverage and the way these issues are framed.

  12. Constitutional and legal protection for life support limitation in India

    Directory of Open Access Journals (Sweden)

    R K Mani

    2015-01-01

    Full Text Available Appropriate treatment limitations towards the end of life to reduce unwanted burdens require ethical clarity that is supported by appropriate legislation. The lack of knowledge of enabling legal provisions, physicians feel vulnerable to legal misinterpretation of treatment limiting decisions. In India the lack of societal awareness, inadequate exploration of the gray areas of bio-ethics and unambiguous legal position relating to terminal illness have resulted in poor quality end of life care. Much of the perceived vulnerability by the physician is attributable to insufficient knowledge and understanding of existing constitutional and legal position in India. While we await informed legal and legislative opinion, this paper highlights possible legal liabilities arising from treatment limitation decisions with available defense. It is hoped that such clarity would lead to more confident ethical decisions and improved end of life care for patients.

  13. LEGAL REGULATION OF ADMINISTRATIVE CONTRACTS IN BOSNIA AND HERZEGOVINA

    Directory of Open Access Journals (Sweden)

    Edina Šehrić

    2016-09-01

    Full Text Available The institute of administrative contract was mentioned for the first time in the legislation of our country in the Preliminary Draft to the Law on Amandments of the Law on Administrative Procedure of Bosnia and Herzegovina from 2012. Although insufficiently, the first step is made towards fullfillment of the reform requirements in the area of admisitrative procedure on the way to the European integration and in accordance with the changed role of administration and the need for improvement of cooperation between the administration and citizens, or legal entities. In Bosnia and Herzegovina there is still no general legal regulation of administrative contracts, but administrative contracts are subjects to specific laws and as such already exist in the legal system. After some introductory remarks, the paper deals with the concept and characteristics of administrative contracts, and also presents legal regulation of administrative contracts highlighting their specificities and differences in relation to private law contracts. The importance of general legal norm governing administrative contracts is especially emphasized, as well as their importance for reform processes in our country. Accordingly, the importance of introducing a complaint as a legal remedy that a client can use if the public authority fails to meet contractual obligations is pointed out, but also the possibility of judicial protection in case of legal dispute.

  14. Constitutionalising the Right Legal Representation at CCMA ...

    African Journals Online (AJOL)

    Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common law principle that there is no absolute right to legal representation at tribunals other than courts of law, ...

  15. Reproduction, women, and the workplace: legal issues.

    Science.gov (United States)

    Bertin, J E

    1986-01-01

    Legal conflict has marked the effort to protect workers against reproductive injury, and legal activity in the management of occupational risks reflects a much broader range of important social issues, such as sexual discrimination in the workplace. This article describes the evolving law related to reproductive hazards that concern men, women and children.

  16. Medico-legal documentation South African Police Services forms

    African Journals Online (AJOL)

    information to the court and to be an educator. S Afr Fam ... Keywords: forensic medicine, medico-legal, legal documentation, assault, sexual assault, under the influence. Abstract .... Documentation in the absence of a South African Police.

  17. The admission and enrolment of foreign legal practitioners in South ...

    African Journals Online (AJOL)

    Globalisation requires ever closer co-operation between legal professionals hailing from different national jurisdictions. This interactive global environment has fostered growing international training and mobility among legal practitioners and the internationalisation of legal education. Increasing numbers of law students get ...

  18. The Attorney-Client Relationship as a Business Law-Legal Environment Topic

    Science.gov (United States)

    Levin, Murray S.

    2004-01-01

    Business school law courses should promote understanding of legal processes affecting business, help students learn to recognize legal issues and manage legal risks, increase ethical sensitivity, and help students to develop critical thinking skills. To this end, business law and legal environment textbooks tend to focus on ethical and legal…

  19. The role of law as an instrument of communication within legal positivism

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2015-12-01

    Full Text Available This article tackles some aspects concerning the role of law as an instrument of communication from the perspective of legal positivism. The paper presents considerations regarding law communication in relation to legal positivism and scientific positivism. At the same time, the article examines the correlations between the legal communication models and the various inclinations developed under legal positivism. Both within legal positivism and the scientific positivism, the role of law as a communication tool is essential. The concept of legal communication should be considered as the idea of understanding the legal norm by the recipients of law, namely by persons and also acceptance of these rules in order to respect them. Also, clarity and transparency in law communication are very important elements that contribute to the way in which legal standards are received. The analysis of legal communication from the perspective of legal positivism presents a special scientific interest, given the very essence of positivism, namely that the laws are commands of the human being. Thus, it is important to analyze communication patterns that can be applied in the positivist orientation to consistently appreciate the ways in which legal communication can be improved.

  20. Legal Language: What Is It and What Can We Do about It?

    Science.gov (United States)

    Charrow, Veda R.; Crandall, JoAnn

    Legal language is discussed in the context of concern about the comprehensibility of consumer documents and the trend toward simplification of the language used in these documents. Specific features of legal language and its functions within the legal community and society are identified. As a primary tool of the legal profession, legal language…