The enforcement of court decisions in family matters is becoming increasingly important in the legal system of the Republic of Serbia, which is a direct consequence of the rise in divorces and the growing need to regulate parental relationships after the dissolution of marriage or extramarital unions. It is expected that these provisions of the Law on Enforcement and Securing of Claims will be applied more frequently in the future, which necessitates their detailed consideration and analysis. Special attention should be paid to the specific enforcement mechanisms used in these cases, as well as to the impact that the enforcement of court decisions has on the child, parents, and other family members. The best interests of the child must remain the key criterion in enforcement proceedings in family matters, especially in cases concerning child custody, the regulation of personal contact with parents, and child support. Although the Law on Enforcement and Securing of Claims has specifically regulated this area, numerous dilemmas arise in practice, especially regarding the relationship between the court and the guardianship authority. The specificity of this procedure lies in the fact that, in certain situations, the court becomes an auxiliary body to the guardianship authority, even though its traditional role is the opposite — to make decisions that administrative bodies implement. This legal solution raises certain practical concerns and requires further consideration. This paper aims to analyze the legal framework for enforcement in family relations through the provisions of Articles 368–381 of the Law on Enforcement and Securing of Claims, with a critical review of the challenges in their application. Through the analysis of judicial practice and a comparison with potential alternative enforcement models, the paper highlights possible directions for improving the system to ensure greater legal certainty, protection of the child’s rights, and efficiency of the enforcement procedure.
The transition to new renewable energy not only produces energy that is relatively more environmentally friendly, but there are other consequences on the environment. In this case, policy makers must be careful in making the right decision regarding a particular product or legal product, because the EBT transition has the potential to endanger society as a whole, but at the same time these dangers are not widely understood until there is scientific evidence. This article examines efforts in formulating new and renewable energy management policies with an emphasis on precautionary principles to realize sustainable national legal development. This research uses a doctrinal approach or also called a normative legal approach with descriptive analysis methods. This research shows that the energy transition policy offered by the government does not touch directly on the environmental dimensions that have been detrimental to society. On the other hand, Indonesia, which is new to the concept of EBT, needs to strive to gain trust from its people, which can occur if the system offered is safe. This is done with an established legal umbrella so that the precautionary principle must be the breath in making this EBT regulation.
The seller’s liability for material defects in goods is an important institute in contract law. We witness the daily execution of legal transactions. Although the sale contract of sale is a named contract, it remains in the process of development, especially with the increasing prevalence of online sales. Due to frequent disputes between sellers and buyers, the questions of defining the seller’s liability – in what scope, in what manner, and within what deadlines – are of exceptional importance for legal practice, as well as for every individual. Therefore, the main subject of this paper is a detailed legal analysis of the seller’s liability for material defects in goods based on Article 479 of the Law on Obligations, 1978. The liabilities of the seller arising from the contractual relationship regarding defects in goods are examined critically, with a comparative analysis of this institute and solutions in other legal systems, particularly in countries of the region, i.e. neighboring countries.
The combination of life with electronic technologies and its undeniable benefits has led to the development of electronic transactions and regulation in this field. This penetration of technology is not only limited to commercial transactions, but it has also occupied minds in the field of wills. According to the equipment used for its conclusion of wills, the electronic will is divided into electronic written and unwritten (audio and video). Now, it is reasonable to raise the question of whether the will, as a legal act based on formalism, can be concluded electronically or not. Are all types of electronic wills valid or should a distinction be made between written and unwritten electronic wills? There are different opinions in this regard: Some have denied the validity of the electronic will and others have accepted the conclusion of this type of will due to its benefits. This issue has remained silent in Iranian law, but in American law, detailed research has been done in this regard. In this country, written electronic will have been accepted in various states, but unwritten electronic wills are still not recognized as a means of concluding a will. However, it is appropriate to use an analytical-descriptive method, with a comparative approach by looking at American laws and jurisprudence, and also, bypassing the necessary laws to fill the gap in the legal system. This article considers that the move towards the acceptance of electronic will is inevitable in Iranian law. For this reason, by adhering to the provisions of the Electronic Commerce Act, it has recognized the validity of all types of electronic wills
Regulation of industry, trade, and commerce. Occupational law, Islamic law
Iwona Lazar, Christian Rodenbücher, Gustav Bihlmayer
et al.
Long-time electric field action on perovskite piezoelectric ceramic leads to chemical degradation. A new way to accelerate the degradation is the exposure of the ceramic to DC electric fields under a vacuum. A high-quality commercial piezoelectric material based on PbZr<sub>1−x</sub>Ti<sub>x</sub>O<sub>3</sub> is used to study such impacts. To avoid the influence of ferroelectric properties and possible removal of oxygen and lead oxides during the degradation process, the experiments are in the temperature interval of 500 °C > T > T<sub>C</sub>. Changes in resistance during the electrodegradation process is an electrically-induced deoxidation, transforming the ceramic into a metallic-like material. This occurs with an extremely low concentration of effused oxygen of 10<sup>16</sup> oxygen atoms per 1 cm<sup>3</sup>. Due to this concentration not obeying the Mott criterion for an isolator-metal transition, it is stated that the removal of oxygen mostly occurs along the grain boundaries. It agrees with the first-principle calculations regarding dislocations with oxygen vacancies. The decrease in resistivity during electrodegradation follows a power law and is associated with a decrease in the dislocation dimension. The observed reoxidation process is a lifeline for the reconstructing (self-healing) properties of electro-degraded ceramics in harsh cosmic conditions. Based on all of these investigations, a macroscopic and nanoscopic model of the electrodegradation is presented.
Oil shale resources are rich in China, and kerogen-dominated organic matter in the oil shale is transformed into shale oil after heating, which is expected to make up the “short board” of China’s energy structure. It is of great scientific value to exploring the evolution of pores, fractures and the law of fluid migration in oil shale under the influence of pyrolysis final temperature and high temperature to promote the commercial development of it in-situ exploitation in China. In this paper, the influence of multiple pyrolysis final temperature and heating duration was considered, the physical experiment method and the introduction of electron microscope observation technology (SEM) are used, the pyrolysis of oil shale samples and gas seepage tests were carried out, and the pyrolysis property, pore and fissure evolution and permeability were investigated. The results show that, with the increase of pyrolysis temperature, the pyrolysis rate of organic matter mainly kerogen increases exponentially, the remolding of the internal structure of oil shale heated include the pores produced by organic pyrolysis and cracks formed by non-uniform deformation of inorganic materials. The SEM results showed that the pyrolytic areas originally distributed in discrete spots are connected with each other, and the dark area keeps expanding. The uneven change of the materials in the pyrolytic and non-pyrolytic areas leads to cracks at the interface between them. The pyrolysis process had a development process of “small-scale discontinuous fissure -- penetrating distributed fissure -- penetrating main fissure”, which improves the fracture rate in oil shale reservoir. Under the influence of Klinkenberg effect, the permeability of oil shale after pyrolysis decreases with the increase of gas injection pressure in an exponential function law, and it increases with the heating temperature in an approximate “S” shape, which is almost opposite to the TG curve of Balikun oil shale pyrolysis. Organic matter in oil shale has the highest pyrolysis efficiency and enhanced effective permeability in the range of 450−500 ℃. The research results provide a certain experimental basis for improving the theory of oil shale pyrolysis mining.
The assignability of contractual rights has more often than not been discussed in terms of the privity of contract. It is widely accepted that contractual rights can freely be assigned. However, there are exceptions to this rule, which are non-assignability clauses in the contracts and personal nature of contractual rights. Consequently, there are discussions on whether the arbitration agreement in the contract is also freely transferrable through assignment of contractual rights. In intuitu personae contracts (where the relationship and confidence of parties resulted in the arbitration agreement), it is argued that the arbitration agreement is not transferrable, but different jurisdictions conclude differently. This paper exposes Kenya’s stand on assignability of arbitration agreements as rendered by the High Court of Kenya in Kampala International University v Housing Finance Company Limited (Miscellaneous Cause E564 of 2019) [2021] KEHC 105 (KLR) (Commercial and Tax) (16 September 2021) (Ruling).
The subject of the paper are the obligations of the contracting parties, i.e. the contractor and client, arising from the conclusion of a service contract. A service contract is one of the oldest forms of contractual obligations, but it is also a contract constantly being changed and adapted to emerging life situations. A service contract is a consensual, nominate, onerous and bilaterally binding contract. Therefore, it is a contract in which the obligations of the contracting parties are determined. The contractor has the obligation to complete the work, and hand it over to the client, while the client is obliged to pay remuneration for the contractor`s work. Also, one of the distinguishing facts of a service contract is that it is often concluded with regard to the contractor’s personality, so the fulfillment of the obligation is related to the personality of the contractor due to whose attributes the contract was concluded.
Mediante este artículo se exponen los principales fundamentos de la Tributación del sector cooperativo y solidario tanto en Colombia como en Chile, de tal manera que se advierten sus principales características, diferencias y semejanzas, en relación con el impuesto de renta. El estudio parte de la realidad que en Colombia las cooperativas pertenecen al régimen tributario especial y son entidades sin ánimo de lucro; y en Chile son entidades sin fines de lucro de manera optativa. De igual forma, se explican los principales aspectos de la Ley 1819 de 2016 sobre las entidades de Derecho cooperativo y solidario.
Abstract On 26 June 2018, the United Nations Commission on International Trade Law [UNCITRAL] approved, largely without modification, the final drafts of the Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention) and amendments to the Model Law on International Commercial Mediation prepared by Working Group II. These instruments aim to promote the enforceability of international commercial settlement agreements reached through mediation in the same way that the New York Convention facilitates the recognition and enforcement of international arbitration awards. This paper provides a critical analysis of the Singapore Convention, and some commentary from an Asian perspective.
The subject. The article reveals the concept of “estoppel” as a mechanism prohibiting the change of position depending on the change of circumstances or the passage of time.The purpose of the paper is to identify is it possible to use estoppel in procedural relations in Russia.Methodology. The author uses the methods of the analysis of legal literature as well as the formal-legal interpretation of the Commercial Procedure Code, the Civil Procedure Code of the Russian Federation.The main results and scope of their application. The development of civil and civil procedural legal relations virtually requires the study and application of the doctrinal and practice rules that are new for Russia, but well-known abroad. Among such is the rule of estoppel. It presents a mechanism that prohibits changing of position depending on the change of circumstances or the passage of time. The rule of estoppel attracts the attention of specialists in both civil and civil procedural law, but, despite having the same name, the rule possesses different qualities in substantive and procedural law. Thus, in procedural relations it is necessary to take into account that the court is a necessary participant of any civil procedural relationship. The actions of the parties in themselves do not give rise to any legal consequences; for they must be allowed (sanctioned) by the court.The main difficulty concerns not with the application of the norms fixing the institute of estoppel, but with the court’s qualification of the case in fact as an estoppel situation. The court should receive a clear and unambiguous position from the party and fix it. Such a fixation is possible, in particular, in a decision that has entered into legal force. The estoppel by judgment used in these cases differs from other kinds of estoppel in that it prevents parties from challenging the circumstances established in a court decision. It is not connected to the actions of the party, which during the whole process defended the position opposite to that which was ultimately put by the court into the basis of the decision. In the future, a party to a new process may reiterate the same facts and circumstances that it asserted earlier. Thus, her position changes in comparison not with her own previous behavior, but rather with a valid judicial decision, which she must observe.Conclusions. The Russian legislation contains certain provisions allowing for the use of estoppel rule in procedural relations: these are, for example, rules on procedural agreements and rules concerning validity of a court decision. However, considering the specifics of procedural legal relations and the role of the court within them, and taking into account the procedural rights of the parties, the use of estoppel is only possible with the help of legally established methods for the fixation of the participant’s position and his “changing behavior”.
Bucovina Forestieră journal continues to present, through
the voice of some personalities who know the reality of
Romania’s forests, moments of reference from their recent
past, a prerequisite for working on better future of forests.
Because it is part of our recent history, this issue will
address the restitution subject - especially those carried
out in the national forestry fund - which reality must be
brought to light. The views belong to some personalities
involved in the presentation of historical truth, especially
in Transylvania, the place which, unfortunately, suffered
the most due to restitutions process: the lawyer Ioan Sabau
Pop and the historian Mihai-Dorin Drecin. Mr. Ioan Sabau
Pop is Professor, Doctor in Law and Representative of Romania at the International Court of Commercial Arbitration. Mr. Mihai-Dorin Drecin is also a Professor, specialist
in the modern history of Romania. Corresponding member
of the Academy of Romanian Scientists, historian Mihai
Drecin is like Mr. Ioan Sabău Pop, a Transylvanian personality who strives to stop the abuses and injustice caused
by illegal restitutions.
O presente artigo tem como objetivo analisar a literatura econômica relacionada à Teoria dos Jogos e aos programas de leniência, bem como avaliar o cenário brasileiro neste contexto. A conclusão é de que o Programa de Leniência brasileiro é adequado às recomendações da literatura no que concerne os temas já bem estabelecidos. A única mudança sugerida de fato é a garantia à imunidade de multas no caso do CADE já ter iniciado as investigações. As recomendações mais polêmicas e recentes (recompensa ao delator e imunidade em relação aos danos) ainda estão em discussão.
Farmers predominantly belong to lower class of the society, particularly in developing and under developing countries. This actuality really put them on back-foot in every sphere of life, including their various agricultural activities. For instance, they always face problems to fulfil their agricultural requirement, both for crop and non crop activities, and hence, not in position to get utmost benefits from their efforts. Being citizens of a developing country, Pakistani farmers come across the identical situation. As they are Muslims, therefore, avoid securing interest based loan from the financial institutions. Islamic financial system provides an alternate to such interest based arrangement in the shape of various financing techniques. Among these, Istisnā’ (manufacturing) is the most important one which can be used effectively for the fulfilment of various agricultural requirements. However, its role is more dominant in the satisfaction of non crop agricultural activities that is for example, manufacturing of some heavy agricultural machinery and equipments, installation of tube-wells and channels for appropriate irrigation system, construction of small houses for farmers in their lands etc. The present work discusses the theoretical background of this mode, available in the scholarly work of classical and contemporary Muslim jurists’ work, followed by the description that how it can be used for financing various sectors of agriculture. Study reveals the transaction is equally viable for the development of all sectors of agriculture like local farming, fish farming, dairy farming, poultry farming, horticulture etc. The intended results can be achieved when the financial institutions apply the transaction in its true spirit and philosophies envisaged for it by Islamic commercial law, and not mere a source of earning profit.