Hasil untuk "Civil law"

Salim Chouaibi, Jamel Chouaibi, M. Rossi

PurposeThe purpose of this paper is to investigate the direct and indirect links between environmental, social and governance (ESG) practices and financial performance using the mediate role of green innovation.Design/methodology/approachTo test the current study hypotheses, the authors applied linear regressions with a panel data using the Thomson Reuters ASSET4 and Bloomberg database from a sample of 115 UK and 90 Germany companies selected from the ESG index over the period 2005–2019.FindingsThe results show that the strengths ESG increase the firm value and the weaknesses decrease it. In addition, the authors find that green innovation fully mediates the relationship between ESG practices and financial performance in UK and Germany.Practical implicationsThe findings provide interesting implications to academics practitioners and regulators who are interested in discovering ESG score, financial performance and green innovation. The results also provide insights to regulators and the board of directors on future growth opportunities for the company and the country.Originality/valueThis study is unique in examining the mediation effect of green innovation on the relationship between ESG practices and financial performance.

Noam Kolt

The prospect of artificial superintelligence -- AI agents that can generally outperform humans in cognitive tasks and economically valuable activities -- will transform the legal order as we know it. Operating autonomously or under only limited human oversight, AI agents will assume a growing range of roles in the legal system. First, in making consequential decisions and taking real-world actions, AI agents will become de facto subjects of law. Second, to cooperate and compete with other actors (human or non-human), AI agents will harness conventional legal instruments and institutions such as contracts and courts, becoming consumers of law. Third, to the extent AI agents perform the functions of writing, interpreting, and administering law, they will become producers and enforcers of law. These developments, whenever they ultimately occur, will call into question fundamental assumptions in legal theory and doctrine, especially to the extent they ground the legitimacy of legal institutions in their human origins. Attempts to align AI agents with extant human law will also face new challenges as AI agents will not only be a primary target of law, but a core user of law and contributor to law. To contend with the advent of superintelligence, lawmakers -- new and old -- will need to be clear-eyed, recognizing both the opportunity to shape legal institutions as society braces for superintelligence and the reality that, in the longer run, this may be a joint human-AI endeavor.

Dalal Alrajeh, Vesna Nowack, Patrick Benjamin et al.

Investigating serious crimes is inherently complex and resource-constrained. Law enforcement agencies (LEAs) grapple with overwhelming volumes of offender and incident data, making effective suspect identification difficult. Although machine learning (ML)-enabled systems have been explored to support LEAs, several have failed in practice. This highlights the need to align system behavior with stakeholder goals early in development, motivating the use of Goal-Oriented Requirements Engineering (GORE). This paper reports our experience applying the GORE framework KAOS to designing an ML-enabled system for identifying suspects in online child sexual abuse. We describe how KAOS supported early requirements elaboration, including goal refinement, object modeling, agent assignment, and operationalization. A key finding is the central role of data elicitation: data requirements constrain refinement choices and candidate agents while influencing how goals are linked, operationalized, and satisfied. Conversely, goal elaboration and agent assignment shape data quality expectations and collection needs. Our experience highlights the iterative, bidirectional dependencies between goals, data, and ML performance. We contribute a reference model for integrating GORE with data-driven system development, and identify gaps in KAOS, particularly the need for explicit support for data elicitation and quality management. These insights inform future extensions of KAOS and, more broadly, the application of formal GORE methods to ML-enabled systems for high-stakes societal contexts.

Irzani Andi Abdulrahman, Satria Akbar Bachtiar

This study aims to evaluate the implementation of legal protection for coral reef ecosystems in Sawu Sea National Park, Kupang Regency, East Nusa Tenggara. The research employs an empirical legal approach using a descriptive qualitative method with a case study design, focusing on how conservation laws and policies are implemented and function in practice. Data were collected through in-depth interviews with area management authorities, law enforcement officials, local government representatives, civil society organizations, and coastal communities, complemented by field observations and analysis of relevant legal and policy documents. The findings indicate that although regulatory frameworks and conservation policies are formally in place, their implementation remains ineffective. Limited supervision capacity, reflected in the insufficient number of officers, inadequate patrol facilities, and suboptimal use of marine monitoring technology, constitutes a major obstacle. Complex geographical conditions and weak inter-agency coordination further undermine law enforcement, resulting in sanctions that fail to produce a deterrent effect. Community participation in conservation efforts is also relatively low due to high dependence on marine resources, limited awareness of the impacts of overexploitation, unequal distribution of tourism benefits, and inadequate environmental education and legal outreach. Additionally, external factors such as climate change, including coral bleaching and extreme weather events, exacerbate reef degradation. This study recommends strengthening surveillance infrastructure and monitoring technology, enhancing the capacity and coordination of law enforcement institutions, promoting participatory and community-based conservation approaches, and integrating climate change adaptation strategies into coral reef protection policies to ensure ecological sustainability and more equitable socio-economic benefits for coastal communities.

Udayanga G. W. K. N. Gamage, Xuanni Huo, Luca Zanatta et al.

Small Unmanned Aerial Vehicle (UAV) based visual inspections are a more efficient alternative to manual methods for examining civil structural defects, offering safe access to hazardous areas and significant cost savings by reducing labor requirements. However, traditional frame-based cameras, widely used in UAV-based inspections, often struggle to capture defects under low or dynamic lighting conditions. In contrast, Dynamic Vision Sensors (DVS), or event-based cameras, excel in such scenarios by minimizing motion blur, enhancing power efficiency, and maintaining high-quality imaging across diverse lighting conditions without saturation or information loss. Despite these advantages, existing research lacks studies exploring the feasibility of using DVS for detecting civil structural defects.Moreover, there is no dedicated event-based dataset tailored for this purpose. Addressing this gap, this study introduces the first event-based civil infrastructure defect detection dataset, capturing defective surfaces as a spatio-temporal event stream using DVS.In addition to event-based data, the dataset includes grayscale intensity image frames captured simultaneously using an Active Pixel Sensor (APS). Both data types were collected using the DAVIS346 camera, which integrates DVS and APS sensors.The dataset focuses on two types of defects: cracks and spalling, and includes data from both field and laboratory environments. The field dataset comprises 318 recording sequences,documenting 458 distinct cracks and 121 distinct spalling instances.The laboratory dataset includes 362 recording sequences, covering 220 distinct cracks and 308 spalling instances.Four realtime object detection models were evaluated on it to validate the dataset effectiveness.The results demonstrate the dataset robustness in enabling accurate defect detection and classification,even under challenging lighting conditions.

Avinash Agarwal, Manisha J. Nene

The integration of artificial intelligence (AI) into telecommunications infrastructure introduces novel risks, such as algorithmic bias and unpredictable system behavior, that fall outside the scope of traditional cybersecurity and data protection frameworks. This paper introduces a precise definition and a detailed typology of telecommunications AI incidents, establishing them as a distinct category of risk that extends beyond conventional cybersecurity and data protection breaches. It argues for their recognition as a distinct regulatory concern. Using India as a case study for jurisdictions that lack a horizontal AI law, the paper analyzes the country's key digital regulations. The analysis reveals that India's existing legal instruments, including the Telecommunications Act, 2023, the CERT-In Rules, and the Digital Personal Data Protection Act, 2023, focus on cybersecurity and data breaches, creating a significant regulatory gap for AI-specific operational incidents, such as performance degradation and algorithmic bias. The paper also examines structural barriers to disclosure and the limitations of existing AI incident repositories. Based on these findings, the paper proposes targeted policy recommendations centered on integrating AI incident reporting into India's existing telecom governance. Key proposals include mandating reporting for high-risk AI failures, designating an existing government body as a nodal agency to manage incident data, and developing standardized reporting frameworks. These recommendations aim to enhance regulatory clarity and strengthen long-term resilience, offering a pragmatic and replicable blueprint for other nations seeking to govern AI risks within their existing sectoral frameworks.

Nikola Dacev

Civil Law is an introductory book designed for law students, practitioners, and anyone interested in civil law. It offers a comprehensive overview of key civil law areas, including obligations, property, inheritance, and family law, while explaining core concepts such as legal capacity, legal acts, and civil rights. The book combines theoretical explanations with practical case analyses, helping readers understand the application of legal norms. It also explores the development of civil law in various systems, including Roman and European influences, with special attention to reforms in countries like Turkey and the Balkan region, providing context for its relevance today. This edition facilitates a deeper understanding of law and academic progression.

Sahin Husain, Nasir Purkon Ayoub, Mukhammadolim Hassmann

Legal pluralism refers to the simultaneous existence of different legal systems in a single community. This presents intricate challenges and opportunities for governance, justice, and social cohesion in many socio-cultural settings. This study examines the interplay between Islamic law (Sharia) and secular civil law in modern nations, specifically aiming to comprehend the intricacies, conflicts, and consequences of legal pluralism. This study does a thorough literature analysis to analyze existing scholarship on legal pluralism. It synthesizes important findings and perspectives from many geographical places that have significant Muslim populations. The review emphasizes the complex and diverse nature of legal pluralism, which involves the coexistence, competition, and accommodation of various legal traditions. Furthermore, it recognizes the difficulties that arise from conflicts between Islamic law and secular civil law, such as differences in rights and safeguards, tensions based on religion and cultural differences, and obstacles to efficient government and societal unity. Moreover, the review examines the wider consequences of legal pluralism on academic research, policy-making, and practical implementation. It proposes potential areas for future research to enhance our comprehension of the dynamics of legal pluralism and to guide efforts in fostering inclusivity, fairness, and appreciation for diversity within legal systems. This research adds to the continuous efforts of building inclusive and equitable legal systems that defend human rights, develop social cohesion, and promote justice for all individuals by recognizing the diversity of legal traditions and viewpoints within modern cultures.   Research Highlights: Complex Dynamics of Legal Pluralism: The research elucidates the multifaceted nature of legal pluralism, examining the coexistence, competition, and accommodation between Islamic law and secular civil law in diverse socio-cultural contexts. By synthesizing existing scholarship, the study provides a comprehensive understanding of the complexities and tensions inherent in legal pluralism dynamics. Challenges and Implications: The study identifies key challenges arising from conflicts between Islamic law and secular civil law, including disparities in rights and protections, tensions along religious and cultural lines, and impediments to effective governance and social cohesion. These insights shed light on the broader implications of legal pluralism for governance, justice, and social cohesion within contemporary societies. Policy and Practice Recommendations: By exploring the broader implications of legal pluralism for scholarship, policy, and practice, the research offers valuable recommendations for promoting inclusivity, equity, and respect for diversity within legal frameworks. These recommendations inform strategies for addressing challenges and fostering inclusive legal systems that uphold human rights and equality for all individuals.

Marius Büttner, Ivan Habernal

What is preventing us from building a NLP system that could help real people in real situations, for instance when they need legal advice but don’t understand law? This question is trickier than one might think, because legal systems vary from country to country, so do the law books, availability of data, and incomprehensibility of legalese. In this paper we focus Germany (which employs the civil-law system where, roughly speaking, interpretation of law codes dominates over precedence) and lay a foundational work to address the laymen’s legal question answering empirically. We create GerLayQA, a new dataset comprising of 21k laymen’s legal questions paired with answers from lawyers and grounded to concrete law book paragraphs. We experiment with a variety of retrieval and answer generation models and provide an in-depth analysis of limitations, which helps us to provide first empirical answers to the question above.

Ricardo Alexandre Costa, Carlos Renato Cunha

O presente trabalho tem como objetivo explorar a aplicação da Lei Geral de Proteção de Dados (LGPD) nos cartórios de protesto, com ênfase na importância da transparência e proteção dos dados pessoais no contexto dessas instituições. Para alcançar esse propósito, serão discutidos diversos aspectos relacionados à coleta, tratamento, compartilhamento e direitos dos titulares de dados no ambiente dos cartórios de protesto. Foi realizada uma pesquisa exploratória e descritiva, trazendo a compreensão da Lei Geral de Proteção de Dados e a compreensão das serventias extrajudiciais. Por fim, constatou-se como se dá a aplicação da LGPD nos casos de Cartório de Protesto.

Robert Law, David Chandler, Phillip Voigt et al.

Glacier and ice-sheet motion is fundamental to glaciology. However, we still lack a consensus for the optimal way to relate basal velocity to basal traction for large-scale glacier and ice-sheet models (the 'sliding relationship'). Typically, a single tunable coefficient loosely connected to one or a limited number of physical processes is varied spatially to reconcile model output with observations. Yet, process-agnostic studies indicate that the suitability of a given sliding relationship depends on the setting. Here, we suggest that this arises from myriad overlapping setting- and scale-dependent sliding sub-processes, including complicated near-basal stress states not captured by large-scale models, reviewed here as comprising a basal 'sliding layer'. A corresponding 'bulk layer' then accounts for ice deformation only minimally influenced by bed properties. We provide a framework for incorporating arbitrarily many sub-processes within a given region -- separated into normal ('form drag') and tangential ('slip') resistance at the ice-bed interface, stressing that the maximum scale of cavitation is an important contributor to the division between the two. Under reasonable assumptions, our framework implies that sliding relationships should fall within a sum of regularised-Coulomb and power-law components, with a rough-smooth distinction proving more consequential in dictating sliding behaviour than a traditional hard-soft transition.

E.E. Bogdanova, I. Z. Ayusheeva, D. A. Belova et al.

Iwandi Iwandi, R. Efendi, Chairul Fahmi

The franchise concept is an agreement between the franchisor and the franchisee.  This means that the franchisor, as the patent owner of the trademark, has the right to receive a certain amount of royalties or fees to be paid by the franchisee based on legal provisions. Franchise agreements are regulated in Indonesian civil law with regard to special rights to trademarks. While in Islamic law, the franchise agreement is actually a development of a form of cooperation (syirkah). This research uses the library research method, where data sources come from laws and other secondary data. The results of this study indicate that a franchise agreement under civil law, which refers to Article 4 of Government Regulation No. 42 of 2007 on Franchising, states that every franchise agreement of any kind must be made in writing by the parties. The existence of a franchise agreement is an innominaat contract. Innominaat contracts are contracts that arise, grow and develop in practice. From the perspective of Shari'ah economic law, franchise agreements belong to the group of shirkah (partnership) and the law is permissible. In addition, the franchise agreement involves the cooperating parties, namely the franchisor and the franchisee. Meanwhile, the franchisor's capital consists of intellectual rights in the form of company names, logos, systems and methods, which are owned and developed by the franchisor.

Leonardo Dias Menezes, Luciano Vieira de Araújo, Marislei Nishijima

This paper proposes a blockchain solution for some activities currently performed by notary offices under the Civil Law judiciary that is technically viable. The architecture is also planned to accommodate Brazil’s legal, political, and economic requirements. Notaries are responsible for providing various intermediation services for civil transactions, where their primary role is to be the trusted party capable of guaranteeing the authenticity of these transactions. This type of intermediation is common and demanded in Latin American countries, such as Brazil, which is regulated by a Civil Law judiciary. The lack of adequate technology to meet such legal demands leads to an excess of bureaucracy, dependence on manual document and signature checks, and centralized and face-to-face actions in the physical dependence of the notary. To deal with this scenario, this work presents a blockchain-based solution to make some of the activities performed by notaries automatic, guaranteeing non-modification and adherence to civil laws. Thus, the suggested framework was evaluated in accordance with Brazilian legislation and provides an economic evaluation of the proposed solution.

Pınar Çağlayan Aksoy

ABSTRACT Crypto assets and their legal qualification hold an important place in the international legal arena. There are many public and private law aspects of crypto assets that require clarification. The first difficulty lies in defining what a crypto asset is. There are many different taxonomies of crypto assets, and these vary globally. Another challenging area which demands attention is whether crypto assets bear the features of objects of ‘property’ in private law. The answer to this question is important because it affects various areas of law, such as tax law, securities law, insolvency law, contract law, even conflict of laws. This paper focuses on whether and how property law rules should be applied to crypto assets and how the legal nature of crypto assets is embarked upon and handled differently in Common Law and Civil Law Countries.

Kristóf Mihály Heil

The codification attempts of Criminal Law in the time of the Enlightenment of the 1790 s and the liberalism of the 1830s and 1840s are the focal points of the study. In order to draft bills to reform the feudal state based on customary law and privileges without changing the basic public law framework, nine so-called national regular committees were set up by Article 67 of Act 1791. The committees completed their work and sent their drafts, known as operatives, to the king between 1792 and 1795. After all, the completed operatives were not put on the agenda of the Parliament due to changes in the domestic and foreign policy status quo. They could find a way out from the archives of the Chancellery only thanks to the committees set up by Article 8 of Act 1827. These committees were responsible for reviewing the „forgotten“ operatives, which were finally printed and sent to the counties for comments. The Hungarian liberal noble opposition was organised first as a movement and then as a party during these county debates (1831–1832) in order to replace the feudal system by manifesting the basic principles of the civil transition in the so-called laws of April.

Miklós Szirbik, Sára Bernáth

A Nemzeti Média- és Hírközlési Hatóság 2023 januárjában „Szabadság és biztonság a digitalizálódó világban” címmel közzétett aktuális stratégiája értelmében a hatóság egyebek között a digitális szolgáltatásokról, valamint a digitális piacokról szóló európai uniós rendeletek alkalmazásából eredő és azokat kiegészítő hazai szabályozási igények vizsgálatát, szabályozási javaslatok előkészítésének szabályozási és szakértői támogatását határozta meg egyik kiemelt feladataként. A Gazdasági Versenyhivatal 2023 márciusában tagságot nyert abban a magas szintű nemzetközi munkacsoportban, amely az Európai Bizottságot segíti a digitális piacokról szóló rendelet szabályainak betartatásában. A jelen tanulmány a Nemzeti Média- és Hírközlési Hatóság, a Gazdasági Versenyhivatal és egyéb érintett hazai döntéshozók, ágazati szereplők stratégiájához és feladatköreik ellátásához oly módon kíván szakmai támogatást nyújtani, hogy részletesen bemutatja a német jogrendszerben körvonalazódó változásokat, gyakorlatokat a digitális szolgáltatásokról és a digitális piacokról szóló jogi aktusokkal kapcsolatban. A kutatást a német piac mérete és az ebből fakadó számos jogeset indokolja. Fontos tényező továbbá, hogy a német társadalom hagyományosan érzékeny az adatvédelem, a média és a demokrácia, továbbá a fenntartható gazdaság közötti kapcsolatokra, így a digitális szolgáltatásokról és a digitális piacokról szóló rendeletek végrehajtása során sok impulzusra számíthatunk Németország részéről, amely – a kevés ilyen tagállam egyikeként – már az uniós jogalkotást megelőzve, saját nemzeti jogszabályokban foglalt versenyjogi vagy médiaszabályozási eszközökkel beavatkozott a digitális piacok folyamataiba.

E.E. Bogdanova

Firdaus Muhammad Iqbal

The legal system is a set of regulations, including commands, restrictions, and permissibility. The Civil Law System and the Anglo-Saxon System are the two legal systems now in use in the world. As a legacy of the Dutch colonial authority, Indonesia follows the Civil Law system, or Continental Europe. A normative legal research methodology using secondary data types was used. The Civil Law system, which emerged in countries in Mainland Europe and was codified from Ancient Roman Law, is the subject of this study's findings and discussion. The 13th century saw the beginning of the movement of this system, which has a lengthy history and is inextricably linked to economic, political, and intellectual forces in Western Europe. This system of laws acknowledges the division between public and private law. The Civil Law system is characterized by the existence of a codification or legal record that preserves the law and serves as a foundation or mechanism for judges to act and uphold the legal system documented in the law. The three dimensions of the national legal order, which is based on the Civil Law legal order, are the maintenance dimension, the renewal dimension, and the creative dimension. Along with these features, the Civil Law system also strengthens Indonesia's legal framework by, among other things, creating new laws, discovering new laws, and using judges as law's mouthpieces to enforce laws that affect people's daily lives.

Aleksandar Keseljevic, Rok Spruk

We examine the effect of civil war in Syria on economic growth, human development and institutional quality. Building on the synthetic control method, we estimate the missing counterfactual scenario in the hypothetical absence of the armed conflict that led to unprecedented humanitarian crisis and population displacement in modern history. By matching Syrian growth and development trajectories with the characteristics of the donor pool of 66 countries with no armed internal conflict in the period 1996-2021, we estimate a series of growth and development gaps attributed to civil war. Syrian civil war appears to have had a temporary negative effect on the trajectory of economic growth that almost disappeared before the onset of COVID19 pandemic. By contrast, the civil war led to unprecedented losses in human development, rising infant mortality and rampantly deteriorating institutional quality. Down to the present day, each year of the conflict led to 5,700 additional under-five child deaths with permanently derailed negative effect on longevity. The civil war led to unprecedent and permanent deterioration in institutional quality indicated by pervasive weakening of the rule of law and deleterious impacts on government effectiveness, civil liberties and widespread escalation of corruption. The estimated effects survive a battery of placebo checks.