Hasil untuk "Civil law"

Peter Sosilo, I Nyoman Nurjaya, Endang Prasetyawati et al.

Introduction: One of the important principles regulated in the Bankruptcy Law and Postponement of Debt Payment Obligations is the Going Concern Principle, which can enable a business entity or individual to run again even though it has fallen into bankruptcy, in this case the assets belonging to the debtor can be managed by the curator to obtain income as an effort to fulfill the debtor's debts. gradually to creditors. Purposes of the Research: This research aims to analyze just legal protection for debtors who are respondents to bankruptcy in the Bankruptcy Law and Postponement of Debt Payment Obligations. Methods of the Research: The type of research used is normative juridical, examining positive legal norms with the concept of law as it is written in the book, namely by conducting studies of statutory regulations and literature studies. Results Main Findings of the Research: The application of the principle of business continuity in bankruptcy cases and postponing debt payment obligations is within the framework of legal protection for debtors and has a positive impact on increasing the company's economic value which in turn is used to pay debts to its creditors.

Kholboy Ibraimov, Nasibakhon Аbdullayeva , Fiyuza Mukhitdinova et al.

This study explores the way student volunteerism can be triggered on digital platforms to facilitate inclusive education through three pillars: legal compliance, economic sustainability, and social inclusion. Design: Our design was a two-stage, mixed-methods one. Stage I developed better platform capabilities and governance. Stage II tested effectiveness using 1 group pretest posttest involving volunteers of university. The sources of data were semi-structured interviews, longitudinal case data, platform analytics, and surveys. A total of one hundred and fourteen students participated in the weekly reflection seminars; forty-five reflective papers were discussed. Another group of eighty students tested a pandemic-based deployment. Thematic coding was used to analyze the qualitative data; quantitative measures included engagement, legal-literacy and access. Findings: Platforms enhanced equivalent effectiveness and retention, as tools responded to instant academic and neighborhood requirements of students. Legal-literacy scores and policy congruency increased, and more explicit-duty-of-care and data-protection and role-definition policies were implemented by the participating institutions. Diversified sources of funds such as micro-grants, civic partners and in-kind support were emphasized in cost benefit appraisals as the strongest model of fund continuity. The respondents stated a stronger social capital (belonging, networks, civic efficacy) and access among the learners with disabilities. Nevertheless, issues that did not receive a solution were the integration of livestream, interoperability of national databases, quick onboarding, and increased privacy. Conclusion: Student volunteerism can be reliably scaled on digital platforms as a means to include students in education when there are legal protections in governance, funding is not tied to volunteer work, and the effects on the social impact are continually evaluated. We suggest a three-pronged approach of Compliance-Finance-Inclusion (CFI) to inform platform policy, design, and evaluation. Put to work jointly, CFI brings about engagement, more distinct rights and duties and quantifiable improvement in inclusion. Future studies ought to conduct cross-jurisdictional studies of CFI, align platform analytics to empirical results, and contrast alternative funding mixes across time.

B. Riley, B. Long

Maryam Aghaie Bajestani, Simin Rajabi

The right to health is a fundamental human right rooted in the right to life. In the Islamic legal system, this right takes precedence over other rights and obligations due to the necessity of preserving life. One aspect of the right to health for citizens is the right to reproductive health for women. Given that women's health is considered an indicator of a country's development, governments are obligated to ensure women's reproductive health. The Iranian legal system also places a particular emphasis on the health of pregnant mothers. The enactment of the Law on Family Protection and Population Rejuvenation, which implicitly adopts a health-centric approach, is a significant step towards ensuring women's reproductive health. This research, using a descriptive and analytical method, delves into the foundations of Imamiyyah (Shi'a) jurisprudence regarding maternal reproductive health, and analyzes existing laws to elucidate the status of the right to the physical and mental health of pregnant mothers as a civil right. Findings indicate that the right to maternal reproductive health has solid foundations in Imamiyyah jurisprudence. The preservation of human dignity, justice-centricity, the prohibition of harm to others, and the negation of hardship and embarrasment are among the most important jurisprudential foundations of the right to reproductive health. An analysis of the foundations of the Law on Family Protection and Population Rejuvenation suggests that the Iranian legislature has been attentive to principles such as dignity, justice, the prohibition of harm to others, and the negation of hardship and embarrasment.This research, with a descriptive and analytical method, while examining the legal foundations of Imamia regarding maternal reproductive health, analyzed some existing laws to explain the position of the right to the physical and mental health of pregnant mothers as one of the citizenship rights. The results of the conducted studies indicate that the right to reproductive health of the mother has valid foundations in Imami jurisprudence. Preservation of human dignity, central justice, prohibition of harm and negation of hardship and embarrassment are among the most important jurisprudential foundations of the right to reproductive health. The basic analysis of the articles of the Family and Youth Protection Law also indicates the legislator paid attention to principles such as dignity, justice, negation of harm to others, and negation of hardship and embarrassment. .

Judith S. Heinisch, Jérôme Kirchhoff, Philip Busch et al.

Abstract In human-human and human-robot interaction, the counterpart influences the human’s affective state. Contrary to humans, robots inherently cannot respond empathically, meaning non-beneficial affective reactions cannot be mitigated. Thus, to create a responsible and empathetic human-robot interaction (HRI), involving anthropomorphic service robots, the effect of robot behavior on human affect in HRI must be understood. To contribute to this understanding, we provide the new comprehensive data set AFFECT-HRI, including, for the first time, physiological data labeled with human affect (i.e., emotions and mood) gathered from a conducted HRI study. Within the study, 146 participants interacted with an anthropomorphic service robot in a realistic and complex retail scenario. The participants’ questionnaire ratings regarding affect, demographics, and socio-technical ratings are provided in the data set. Five different conditions (i.e., neutral, transparency, liability, moral, and immoral) were considered during the study, eliciting different affective reactions and allowing interdisciplinary investigations (e.g., computer science, law, and psychology). Each condition includes three scenes: a consultation regarding products, a request for sensitive personal information, and a handover.

О. Н. Ефимова, Olga I. Efimova, Наталия Ведышева et al.

The textbook covers the basics of the state and state structure, the basic concepts of law. The basic provisions of such branches of law as constitutional, civil, family, administrative, criminal law and other branches of law are determined, the elements of the relevant legal relations are shown. The presentation of the material is carried out in accordance with the principles of objectivity and specificity, generally recognized laws of formal and dialectical logic. Meets the requirements of the Federal state educational standard of secondary vocational education and higher education of the last generation. For students and students of law faculties of educational institutions of secondary professional and higher education, as well as studying or interested in the problems of state and law.

Tatyana Y. Naumova, Valentina M. Bolshakova, Petr Y. Naumov

The hereditary fund is a new and not fully explored form of a legal entity. Having appeared in 2018 as a bright prospect of existence in the national legal field of trusts, the inheritance fund very quickly showed all its few pluses and numerous minuses, reflecting the haste of its introduction into the Civil Code of the Russian Federation. It is worth emphasizing that the development of national inheritance law is necessary. The desire to use foreign experience in this development is reasonable and justified. However, the blind copying of trust legislation, together with the use of an inappropriate form of a Russian legal entity, namely a «fund» became a determining factor for turning a promising civil law institution into a non-working mechanism. The hereditary fund, having become the fundamental and first personal fund in the Russian Federation, after a reasonable, but not eliminating all the shortcomings of the reform in July 2021 after the entry into force of the Federal Law of July 1, 2021 № 287 «third of the Civil Code of the Russian Federation» on March 1, 2022, is now more likely a sub-institution or one of the varieties of personal funds. This article provides a detailed analysis and a scientific and legal assessment of the existence of personal and hereditary funds. The author’s position is formulated on the reasonableness of using the term «fund» when introducing trust law into the national legal field. The author defines the prospects for the existence of hereditary funds, both formal legal and practical, and also formulates proposals for improving legislation in order to increase its prestige and the interest in it of owners of large capitals in Russia.

F. Dobbin, J. Sutton

Elzha Putri Widya Yurisa

Bondowoso Regency Land Office is carrying out Complete Systematic Registration (PTSL) activities with 12 (Twelve) villages in Bondowoso Regency, one of which is in Mangli Wetan Village, Tapen District with the target of Land Rights Certificates (SHAT) and PBT (Map of Fields). Land) in the amount of 1600 (One Thousand and Six Hundred) plots of land which must be completed in 2022 (Two Thousand Twenty Two). Mangli Wetan Village is one example that indigenous peoples still maintain customary land law in Mangli Wetan Village with a large amount of uncertified land and land that has been transferred before the Village Head and crossed out in the Village registration book (Letter C). The research method used is socio-legal, by conducting research directly in society, to find out and understand the legal problems that occur and to deal with applicable laws and regulations. This study aims to determine the government's strategic program carried out by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency through Complete Systematic Land Registration (PTSL), especially for lands recorded in the Village Registration Book (Letter C) whose rights have not been certified in Mangli Village. Wetan, Tapen District, Bondowoso Regency. The research method used is socio-legal, by conducting research directly in the community, to find out and understand the legal problems that occur and are faced with applicable laws and regulations. The belief in the existence of customary law that arises has become the foundation and stronghold for indigenous peoples to prevent disputes for the people in Mangli Wetan Village. Therefore, appreciation is needed for indigenous peoples in Mangli Wetan Village, Tapen District, Bondowoso Regency. KEYWORDS: Legal Certainly, Adat’s Society, PTSL Program.

Giorgi Kveliashvili

Moral norms date back centuries. In a specific time and space, morality took a higher place than codified legal norms. The development of law has led to the fact that today codified acts have a predominant place in legal proceedings, although due to the important place of moral rules in society, the legislator did not deny its importance in the Civil Code of Georgia. On the one hand, taking into account the role of morality in society and reinforcing its importance with the Civil Code is a positive fact, however, on the other hand, it is important to assess how correct it is to reinforce it in its current form, as well as how much power it gives the court in order to limit the fate of transactions con- cluded within the autonomy of the will of individuals. While the consideration of moral rules should respond to the demands of society, its abstract and unclear content creates the possibility of excessively restricting the freedom of individuals when concluding a contract with the norms of morality unknown to a person. By discussing the selected issue, it becomes possible to analyze and evaluate the challenges and problems in Georgian litigation. The question to be discussed is: is the strengthening of morality a positive factor, or it can negatively affect the fate of the deals made by the autonomy of the will of individuals and limit their freedom.

M.V. Kormushkin

Background. The subject of the study is the legal status of a military prosecutor in civil and administrative proceedings. The purpose of the work is a comprehensive study of the legal status of military prosecutors in civil and administrative proceedings. Materials and methods. The research methodology includes the dialectical method of scientific knowledge, as well as private scientific methods: system-structural, logical, concrete socio-logical, formal legal, comparative legal. Results. The article formulates and substantiates the author’s vision of the legal status of a military prosecutor in civil and administrative proceedings. The conclusions, provisions and recommendations formulated in the work can be used: when improving civil procedure and administrative procedure legislation, in the activities of military prosecutors when implementing the function of protecting the rights and legitimate interests of citizens, the state, and an indefinite circle of persons in the courts. Conclusions. The military prosecutor is an equal participant in the judicial process, acting in court as an official of a State body – the military prosecutor’s office, which, on the basis of the law, performs the tasks and functions assigned to the prosecutor’s office. The defense in court by a military prosecutor of the rights, freedoms and interests of a citi-zen is in fact an exception to the general rule, possible only in cases established by law, and consists primarily in protecting the state and public interests-components of the public in-terest.

M. Barnett, R. Duvall

Francis J. Leazes

Devon W. Carbado

In 1989, Kimberlé Williams Crenshaw published “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics.” Because Crenshaw’s intervention focused on highlighting how Black women are structurally disadvantaged in both law and civil rights discourses, some scholars have marginalized intersectionality by assuming that the theory concerns only Black women, or only race and gender, and by arguing that intersectionality conceptualizes those social categories in fixed and static ways. These interpretations both misdescribe Crenshaw’s articulation of intersectionality and conflate the work a general theory of intersectionality might perform with the specific work Crenshaw mobilized her theory to do. To challenge these narrow readings of intersectionality, this essay examines how law and civil rights advocacy produce racialized modes of gender normativity. More specifically, I employ intersectionality to engage men, masculinity, whiteness and sexual orientation—social categories that are ostensibly beyond the theoretical reach and normative concern of intersectionality. My aim is to show the ways in which formal equality frameworks in law and civil rights advocacy produce and entrench normative gender identities. Colorblindness and masculinity are deeply implicated in this. I introduce two concepts—colorblind intersectionality and gender-blind intersectionality—to illustrate how. Colorblind intersectionality refers to instances in which whiteness helps to produce and is part of a cognizable social category but is invisible or unarticulated as an intersectional subject position. For example, white heterosexual men constitute a cognizable social category whose whiteness is rarely seen or expressed in intersectional terms. Gender-blind intersectionality describes a similar intersectional elision with respect to gender. By linking intersectionality to a critique of formal equality, colorblindness, and gender normativity, this essay relocates intersectionality as both a product and an articulation of critical race theory.

Javier Augusto Téllez Navarro

El presente artículo es un análisis sobre los aspectos que, bajo la opinión del autor, son relevantes sobre el procedimiento de registro de signos distintivos en México, al tenor de la nueva Ley Federal de Protección a la Propiedad Industrial, entendiendo dichos signos distintivos como: marcas, avisos y nombres comerciales. Se hace una descripción de las nuevas figuras jurídicas de protección, como las marcas no tradicionales: olfativas, sonoras, de certificación, imagen comercial, holográficas. Asimismo, se describe, se analiza y se concluye sobre la eficacia del procedimiento de oposición. De igual forma se hace una crítica sobre la constitucionalidad del artículo 221 de la Ley Federal de Protección a la Propiedad Industrial, ya que pone en tela juicio cuestiones sobre la aportación de pruebas en un procedimiento diverso y con efectos jurídicos distintos. Se da a conocer sobre los cambios que hay en cuanto a la vigencia del registro de los signos distintivos y de la declaración de uso, así como los distintos periodos que se deben tomar en cuenta para tramitar correctamente dicha declaración ante el Instituto Mexicano de la Propiedad Industrial. Se conceptualiza el término “mala fe” ante la solicitud de un registro de marca cuyo propósito sea obtener un beneficio o ventaja competitiva indebida en perjuicio de quien tenga mejor derecho a ello, lo que traerá como consecuencia un impedimento legal y la probable negativa del registro. En suma, se plantea el procedimiento del registro de un signo distintivo en México, desde el ingreso de una solicitud hasta su posible concesión por parte de la autoridad administrativa.

R. Archer, Jacqueline K. Buffington-Vollum, R. V. Stredny et al.

Ginka Borisova, P. Brockman, Jesus M. Salas et al.

mohammad bagher parsapour, seyyed ahmad hosseini

It appears according to writings in common law and domestic law that it’s impossible to consider a single base for civil liability and consequently bailee’s liability in all cases. Liability based on negligence, strict liability and objective liability are the concepts that have been explained when discussing the basis of liability. However, it seems that strict liability cannot be an independent base for civil liability and consequently bailee’s liability. Th liability based on negligence is rooted in the invocation of damages to the behavior of damage creator and in fact, the negligence is not the principle. On the contrary, the objective liability can have an independent basis for liability. Of course, mentioning these concepts, necessarily does not imply their existence in both said legal systems, but there is notable evidence that support the existence of a thought-provoking affiliation in the foundation of liability in these two systems. Practically, it can be said that, in terms of the efficiency in suppressing the bailee’s breach of duty, considering the objective liability and in most strict state, domestic law has accepted absolute liability and is more successful than common law.

Suyene Monteiro da Rocha

Elaine Reis Brandão, Cristiane da Silva Cabral

This article discusses political setbacks related to sexual and reproductive health and rights that have occurred in Brazil in the last 5 years (2014–2018) resulting from the significant role played by Christian (Evangelical and Catholic) parliamentarians in the legislative branch. Political initiatives aimed at prohibiting the affirmation of sexual and reproductive rights, while also curtailing debate about sexuality and gender in schools and universities, have raised “moral panic” within some elements of Brazilian society. The discursive strategies used around so-called “gender ideology” stimulated the formation of civil organisations which promote morality based on right-wing political positions. For this study, we looked at official documents and bibliographic material to examine how issues related to abortion rights, health care in cases of sexual violence, the prevention of sexually transmitted infections and homosexual citizenship are currently being suppressed, compromising the defence and advancement of the sexual and reproductive rights of women and the LGBTI+ population. The results point to the steady weakening of public policies that had become law in the 1980s, a time of Brazilian re-democratisation after two decades of military dictatorship. A wide range of civil, political and social rights, which saw significant growth and consolidation over the last 20 years, were rolled back after the resurgence of the extreme right wing in the federal legislature, culminating in the election of the current president in October 2018. However, social movements have increased in strength in the last few decades, especially the black feminist and LGBTI+ rights movements. These movements continue to provide political resistance, striving to affirm and protect all sexual and reproductive rights achieved to date.