Hasil untuk "Civil law"

Arvita Hastarini

Death as a legal event causes consequences in the form of the transfer of the property of the heir to the heir through the inheritance mechanism stipulated in the Civil Code and the compilation of Islamic law. One of the forms of inheritance is the will as stipulated in Article 875 of the Civil Code, which, in principle, is a unilateral legal act and can be made in the form of an authentic deed by a notary in order to guarantee legal certainty. However, the freedom of Will is not absolute, especially when the object of the Will is the common property of the marriage, which, according to the law of marriage, requires the consent of both parties. This study uses normative juridical method with statute approach, based on primary, secondary, and tertiary legal materials that are analyzed descriptively. A review of the Supreme Court Decision No. 1983 K/Pdt / 2017 shows that the Supreme Court affirms that the freedom of testamentair is limited by the provisions regarding joint property as lex specialis, so that the transfer without the consent of the spouse is declared legally defective and null and void. The implication is that although the Will has perfect evidentiary power outwardly, formally, and materially, the power remains subject to the fulfillment of material conditions and must not conflict with the law. This ruling emphasizes the balance between legal certainty, justice, and the protection of the rights of spouses and heirs in the Indonesian legal system.

Federico Pablo Notrica

Both the legislation and the doctrinal and jurisprudential creation have begun to recognize the notion of socio-affectivity as a structuring element of family relationships among its members, often granting it primacy over the biological bond or relationships derived from kinship. Although affection has always been a constitutive component of human relations, the classical approach refused and refuses to recognize in it a source of Law and, as such, share the halo of legitimacy that kinship ties have enjoyed since ancient times. This resistance was able to generate many problems in reality, since the lack of legal recognition in some of the figures ruins the advances in the field of human rights. A clear example in Argentine legislation turns out to be the contents of articles 611, 643 and 657 of the Civil and Commercial Code on the prohibition of de facto guardians except the kinship bond between parents and guardians; or the delegation of the exercise of parental responsibility and the granting of custody of a child or adolescent, limiting it only to a relative. Well, while this legal limit occurs, reality prevails and, in some cases, the affective bond overlaps the biological one, owing value to the guiding principle of the best interest of the child to solve the problem raised. From this, the present work will try to demonstrate, through the analysis of the jurisprudence, the solutions reached that combine said guiding principle with the notion of socio-affectivity.

Sajjad Koohi, Seyyed Mohammad Hoseini

∴ Introduction ∴ ‌Access to justice stands as a cornerstone of judicial systems globally, with litigation costs serving as a pivotal factor influencing individuals' ability to seek legal remedies. In Iran and England, the structure and amount of these costs differ significantly, impacting citizens' access to justice in various ways. While prior research has explored the principles behind litigation costs and their collection by judicial institutions, there is a notable gap concerning the specific amounts charged and how they compare across different legal systems. This study aims to fill that gap by providing a comprehensive analysis of the litigation costs in the Iranian and English legal systems, grounded in the foundations of Islamic jurisprudence.     The significance of this research lies in its dual focus: first, on the actual amounts of litigation costs rather than just their underlying principles; and second, on a comparative analysis between Iran and England—a comparison seldom made in existing literature. By examining these aspects, the study seeks to identify barriers to justice posed by current cost structures and offer recommendations for reforms that could enhance access to justice in Iran.‌ ∴ Research Question ∴ ‌What are the differences and similarities in the amount and structure of litigation costs between the Iranian and English legal systems, and how do Islamic jurisprudential foundations influence the imposition of these costs in Iran?‌ ∴ Research Hypothesis ∴ ‌The hypothesis of this study posits that the Iranian legal system's litigation costs, influenced by Islamic jurisprudential principles, are structured differently compared to those in the English legal system. Specifically, the categorization into fixed and variable costs in Iran, with variable costs being dependent on the claim's value, may present economic barriers to justice. By contrast, the English system may offer alternative models that, if adapted appropriately, could inform reforms in Iran to reduce such barriers and improve access to justice.‌ ∴ Methodology & Framework, if Applicable ∴ ‌This research employs a doctrinal and comparative legal methodology. The doctrinal approach involves a detailed examination of legal texts, statutes, case law, and scholarly commentary within both the Iranian and English legal systems. The comparative aspect facilitates a side-by-side analysis to highlight differences and similarities in litigation costs.‌ ∴ Results & Discussion ∴ ‌The comparative analysis of litigation costs in the Iranian and English legal systems reveals significant differences in both structure and underlying principles. In Iran, litigants are subjected to three distinct types of costs:     Fixed Costs: These are standard fees applied uniformly, independent of the claim's value.     Variable Costs within a Defined Range: Costs that fluctuate within set parameters based on specific criteria.     Value-Dependent Costs: In financial civil claims, costs are calculated as a percentage of the claim's value without established minimum or maximum limits.     In contrast, the English legal system adopts a more streamlined approach:     Criminal Complaints: No costs are imposed on complainants, aligning with the principle that criminal justice is a public service.     Civil Claims: Fixed fees are applied, with a maximum litigation cost capped at £10,000. Percentage-based costs are limited to property and estate transactions, and even then, no cap is established.     The Iranian system's reliance on percentage-based litigation costs is rooted in several principles:     Correlation Between Damage and Benefit: Suggests that those who stand to gain more should contribute more to the cost of litigation.     Wealth Redistribution Goals: Aligns with the Islamic economic objective of equitable wealth distribution.     Compensation for Higher Damages: Higher claims necessitate more resources, justifying increased costs.     Prevention of Frivolous Lawsuits: Elevated costs deter baseless or malicious claims.     Government Financing: Litigation costs serve as a revenue source for governmental functions.     While these principles provide a jurisprudential and legal basis for the current cost structure, they also introduce challenges related to access to justice. The absence of caps on percentage-based costs can impose excessive financial burdens on claimants, particularly in high-value cases. This situation may discourage legitimate claims, undermining the fundamental right to legal recourse.     The timing of cost collection further exacerbates the issue. Requiring payment at the initiation of legal proceedings places an immediate financial strain on claimants, who may not have the resources readily available, especially when the claim's value is yet unrealized. This practice can lead to claims of insolvency and deter individuals from pursuing valid legal actions.     In examining the English system, certain practices emerge that could inform reforms in Iran:     Fixed Fees with Caps: Implementing maximum limits on litigation costs can prevent excessive financial burdens.     No Costs for Criminal Cases: Recognizing criminal justice as a public good ensures that victims are not dissuaded from reporting crimes due to cost concerns.     Pre-Trial Reviews: Early examination of evidence helps filter out frivolous claims, reducing unnecessary litigation and associated costs.     Proposed Reforms in Iran:     Adjusting the Timing of Cost Collection: Deferring litigation cost payments until after the realization of claims or adjusting them based on the progression of the case can alleviate the initial financial burden on claimants.     Aligning Costs with Economic Conditions and Judicial Expenses: Establishing litigation costs that reflect the judiciary's actual expenses and the claimant's financial capacity promotes fairness and accessibility. This approach involves:     Financial Assessment Systems: Developing a unified, real-time system to assess individuals' economic status can ensure that litigation costs are proportionate. Recent advancements in data integration and financial transparency in Iran suggest feasibility for such a system.     Preliminary Hearings: Introducing sessions to review evidence and documentation at the outset can deter frivolous lawsuits. This practice mirrors the pre-trial reviews in England and the United States, where early scrutiny helps streamline the judicial process.     Penalizing Frivolous Claims: Strengthening the enforcement of penalties for baseless lawsuits, as stipulated in Iranian civil procedure law, can discourage misuse of the legal system.‌ ∴ Conclusion ∴ ‌The investigation highlights that the Iranian legal system's current approach to litigation costs presents significant barriers to justice due to the financial burdens imposed on claimants. The comparative study with the English legal system uncovers alternative models that balance the need for judicial funding with the imperative of access to justice.     Key findings include:     Disproportionate Financial Burdens: Percentage-based costs without caps in Iran can deter legitimate claims, conflicting with the principle of accessible justice.     Timing of Cost Collection: Immediate payment requirements exacerbate financial pressures on claimants, potentially infringing on their legal rights.     Potential for Reform: Adjusting cost structures and collection methods can align the system more closely with both Islamic principles and contemporary needs.     The study concludes that reforms are necessary to ensure that litigation costs do not impede access to justice. By considering the claimant's economic conditions and the actual expenses incurred by the judiciary, Iran can develop a more just and efficient legal system. Implementing practices such as financial assessment systems and preliminary hearings can further streamline the process and reduce frivolous litigation.     Adopting these recommendations would not only uphold the jurisprudential foundations of the Iranian legal system but also enhance its alignment with international standards of justice. The proposed reforms aim to strike a balance between generating necessary government revenue and preserving the fundamental right of individuals to seek legal redress without undue economic hardship.

Mingyu Yu, Jiayang Wang, Sahani A. Iddawela et al.

GaAs(111)B is a semiconductor substrate widely used in research and commercial fields due to its low cost, mature synthesis technology, and excellent properties for manufacturing electronic devices. It is not only used to grow three-dimensional (3D) strongly-bonded materials, but has also been used as a substrate for layered, van der Waals (vdW)-bonded chalcogenide film growth. However, GaAs(111)B wafers cannot be directly used for growing epitaxial vdW chalcogenide films for two reasons: (1) the GaAs surface has a substantial number of dangling bonds that need to be passivated for vdW layers growth; (2) the substrate surface is covered with a thin epi-ready oxide layer which must be removed before film growth. In this paper, we optimize the method for deoxidizing GaAs(111)B substrates under a Se overpressure and successfully create a smooth, deoxidized, and passivated substrate for subsequent growth of vdW chalcogenide materials. We demonstrate the benefits of this method for the growth of vdW chalcogenide thin films using GaSe as a representative of vdW chalcogenides. In addition, we find that severely aged substrates have difficulty maintaining a smooth surface during the deoxidation and passivation process and cause GaSe crystals to nucleate in random shapes and orientations. We describe a method using water droplet testing to determine the age of the substrate. Finally, X-ray photoelectron spectroscopy (XPS) characterization reveals that the natural aging of GaAs(111)B in the air results in an increase in surface oxides, Ga2O3 and As2O3, while exposure to ultraviolet (UV)-ozone not only enhances the contents of these two oxides but also generates a new oxide, As2O5. Our research contributes to expanding the compatibility of GaAs(111)B with diverse growth materials and the production of high-quality heterostructure devices.

Michael B. Law, Isaac M. Lopez, Daniel Santiago

We establish a weighted positive mass theorem which unifies and generalizes results of Baldauf--Ozuch and Chu--Zhu. Our result is in fact equivalent to the usual positive mass theorem, and can be regarded as a positive mass theorem for smooth metric measure spaces. We also study Dirac operators on certain warped product manifolds associated to smooth metric measure spaces. Applications of this include, among others, an alternative proof for a special case of our positive mass theorem, eigenvalue bounds for the Dirac operator on closed spin manifolds, and a new way to understand the weighted Dirac operator using warped products.

Hiroaki Yamada, Takenobu Tokunaga, Ryutaro Ohara et al.

This paper presents the first dataset for Japanese Legal Judgment Prediction (LJP), the Japanese Tort-case Dataset (JTD), which features two tasks: tort prediction and its rationale extraction. The rationale extraction task identifies the court's accepting arguments from alleged arguments by plaintiffs and defendants, which is a novel task in the field. JTD is constructed based on annotated 3,477 Japanese Civil Code judgments by 41 legal experts, resulting in 7,978 instances with 59,697 of their alleged arguments from the involved parties. Our baseline experiments show the feasibility of the proposed two tasks, and our error analysis by legal experts identifies sources of errors and suggests future directions of the LJP research.

Charles J. Law, Alice S. Booth, Karin I. Öberg

Planets form in dusty, gas-rich disks around young stars, while at the same time, the planet formation process alters the physical and chemical structure of the disk itself. Embedded planets will locally heat the disk and sublimate volatile-rich ices, or in extreme cases, result in shocks that sputter heavy atoms such as Si from dust grains. This should cause chemical asymmetries detectable in molecular gas observations. Using high-angular-resolution ALMA archival data of the HD 169142 disk, we identify compact SO J=8$_8$-7$_7$ and SiS J=19-18 emission coincident with the position of a ${\sim}$2 M$_{\rm{Jup}}$ planet seen as a localized, Keplerian NIR feature within a gas-depleted, annular dust gap at ${\approx}$38 au. The SiS emission is located along an azimuthal arc and has a similar morphology as a known $^{12}$CO kinematic excess. This is the first tentative detection of SiS emission in a protoplanetary disk and suggests that the planet is driving sufficiently strong shocks to produce gas-phase SiS. We also report the discovery of compact $^{12}$CO and $^{13}$CO J=3-2 emission coincident with the planet location. Taken together, a planet-driven outflow provides the best explanation for the properties of the observed chemical asymmetries. We also resolve a bright, azimuthally-asymmetric SO ring at ${\approx}$24 au. While most of this SO emission originates from ice sublimation, its asymmetric distribution implies azimuthal temperature variations driven by a misaligned inner disk or planet-disk interactions. Overall, the HD 169142 disk shows several distinct chemical signatures related to giant planet formation and presents a powerful template for future searches of planet-related chemical asymmetries in protoplanetary disks.

Fernando Augusto Mafud

Muchas legislaciones le otorgan al empleador la titularidad (algunas, incluso, la autoría), salvo pacto en contrario, sobre las obras creadas por sus dependientes –contratados exclusivamente para tales fines– dentro del curso del empleo. Es decir, para que la titularidad (o autoría, según la legislación) le pertenezca al empleador, es necesaria la ausencia de pacto en contrario, que el dependiente haya sido contratado exclusivamente para realizar dicha creación y que esta se lleve a cabo dentro del curso del empleo: cumpliendo sus funciones laborales habituales y dentro del ámbito laboral. Quizá, hasta hace poco tiempo, era sencillo (salvo casos excepcionales) determinar cuándo una obra había sido creada por un dependiente dentro del curso del empleo y cuándo no. Respondiendo las siguientes preguntas, se encontraría la solución: ¿la creación la realizó en el lugar del trabajo? ¿Fue llevada a cabo dentro de su jornada laboral? ¿El autor asalariado la hizo desempeñando sus funciones laborales habituales? Sin embargo, no puede desconocerse el fuerte impacto que tuvo la pandemia generada por la COVID-19, produciendo cambios a nivel global en las modalidades de contratación. Muchos dependientes ya no trabajan en forma presencial en el domicilio de la empresa, sino que lo hacen (al menos parcialmente) en forma remota. Asimismo, muchos de los dependientes que trabajan en forma remota tampoco cumplen una determinada jornada laboral. Por lo tanto, en la situación actual, no resultará fácil determinar cuándo una obra creada por un dependiente ha sido dentro del curso del empleo y cuándo no.

Xiao Sun, Bahador Bahmani, Nikolaos N. Vlassis et al.

This paper presents a computational framework that generates ensemble predictive mechanics models with uncertainty quantification (UQ). We first develop a causal discovery algorithm to infer causal relations among time-history data measured during each representative volume element (RVE) simulation through a directed acyclic graph (DAG). With multiple plausible sets of causal relationships estimated from multiple RVE simulations, the predictions are propagated in the derived causal graph while using a deep neural network equipped with dropout layers as a Bayesian approximation for uncertainty quantification. We select two representative numerical examples (traction-separation laws for frictional interfaces, elastoplasticity models for granular assembles) to examine the accuracy and robustness of the proposed causal discovery method for the common material law predictions in civil engineering applications.

Muchlisin Muchlisin, MM

The Indonesian state has institutions as a reflection of democracy. Which puts people as the holders of sovereignty. The institution is the house of representatives which is incorporated in the legislative power. In determining the membership of the house of representatives, it remains through the electoral mechanism using the electoral system or the election. This research uses normative juridical research by studying the source of primary law and the source of legal sequences that are either legislation or research results to be carried out an institutional theory approach. The institution has the duty and function in the part of the indonesian state administration system to represent the aspirations or interests of the people. In addition to the duties and function of these institutions have rights that are not owned by other institutions.

Caglar Tuncay

More than one billion data sampled with different frequencies from several financial instruments were investigated with the aim of testing whether they involve power law. As a result, a known power law with the power exponent around -4 was detected in the empirical distributions of the relative returns. Moreover, a number of new power law behaviors with various power exponents were explored in the same data. Further on, a model based on finite sums over numerous Maxwell-Boltzmann type distribution functions with random (pseudorandom) multipliers in the exponent were proposed to deal with the empirical distributions involving power laws. The results indicate that the proposed model may be universal.

James Q. Whitman

Alvaro Corral, Isabel Serra

An important body of quantitative linguistics is constituted by a series of statistical laws about language usage. Despite the importance of these linguistic laws, some of them are poorly formulated, and, more importantly, there is no unified framework that encompasses all them. This paper presents a new perspective to establish a connection between different statistical linguistic laws. Characterizing each word type by two random variables, length (in number of characters) and absolute frequency, we show that the corresponding bivariate joint probability distribution shows a rich and precise phenomenology, with the type-length and the type-frequency distributions as its two marginals, and the conditional distribution of frequency at fixed length providing a clear formulation for the brevity-frequency phenomenon. The type-length distribution turns out to be well fitted by a gamma distribution (much better than with the previously proposed lognormal), and the conditional frequency distributions at fixed length display power-law-decay behavior with a fixed exponent $α\simeq 1.4$ and a characteristic-frequency crossover that scales as an inverse power $δ\simeq 2.8$ of length, which implies the fulfilment of a scaling law analogous to those found in the thermodynamics of critical phenomena. As a by-product, we find a possible model-free explanation for the origin of Zipf's law, which should arise as a mixture of conditional frequency distributions governed by the crossover length-dependent frequency.

L. McNay

Fernando Hinestrosa

Maurício Requião

Esse artigo aborda o fenômeno da gentrificação, com foco na sua ocorrência em cidades brasileiras. Busca-se analisar se tal fenômeno, pelo fato de ser uma modificação artificial e fundado no uso de poder econômico, pode ser enquadrado na categoria jurídica do abuso de direito.

Sergio Caprara, Angelo Vulpiani

About 35 years ago Wheeler introduced the motto `law without law' to highlight the possibility that (at least a part of) Physics may be understood only following {\em regularity principles} and few relevant facts, rather than relying on a treatment in terms of fundamental theories. Such a proposal can be seen as part of a more general attempt (including the maximum entropy approach) summarized by the slogan `it from bit', which privileges the information as the basic ingredient. Apparently it seems that it is possible to obtain, without the use of physical laws, some important results in an easy way, for instance, the probability distribution of the canonical ensemble. In this paper we will present a general discussion on those ideas of Wheeler's that originated the motto `law without law'. In particular we will show how the claimed simplicity is only apparent and it is rather easy to produce wrong results. We will show that it is possible to obtain some of the results treated by Wheeler in the realm of the statistical mechanics, using precise assumptions and nontrivial results of probability theory, mainly concerning ergodicity and limit theorems.

Giacomo Spigler

Provided significant future progress in artificial intelligence and computing, it may ultimately be possible to create multiple Artificial General Intelligences (AGIs), and possibly entire societies living within simulated environments. In that case, it should be possible to improve the problem solving capabilities of the system by increasing the speed of the simulation. If a minimal simulation with sufficient capabilities is created, it might manage to increase its own speed by accelerating progress in science and technology, in a way similar to the Technological Singularity. This may ultimately lead to large simulated civilizations unfolding at extreme temporal speedups, achieving what from the outside would look like a Temporal Singularity. Here we discuss the feasibility of the minimal simulation and the potential advantages, dangers, and connection to the Fermi paradox of the Temporal Singularity. The medium-term importance of the topic derives from the amount of computational power required to start the process, which could be available within the next decades, making the Temporal Singularity theoretically possible before the end of the century.

A. Blackledge

Marieke de Hoon

On 17 July 2014, Malaysia Airlines Flight MH17 was shot down over Eastern Ukraine, leaving no survivors. Since, victims’ relatives, States, and the wider public are trying to understand what happened, how it could happen, who is responsible, and how to address these responsibilities. The efforts to find justice have faced many complications and legal complexities. This article aims to provide insight into these legal and political complexities. In particular, it discusses the core legal questions of the criminal accountability of the perpetrators and the State responsibility of those States involved —Ukraine and Russia— through the legal doctrines of public international law and the European Convention on Human Rights. It further offers some core considerations relating to civil liability of States and airline carriers. In addition to providing insight into why the road to justice is long and arduous, the legal options available, and the specific challenges of each, the article also emphasises that having a legal option does not necessarily mean that it is also the best choice to use it. That choice is up to victims’ relatives and the States concerned. The article takes no position in this regard. Instead, it seeks to provide an analysis that may contribute to making such decisions in an informed manner.