Hasil untuk "Commercial law"

Jiakang WEI, Xiuzhan ZHANG, Xixi LIU et al.

With the rapid advancement of deep-sea mineral resource exploitation, there is an escalating demand for enhanced technological capabilities in equipment. The design flaws of the flow channel structure caused by the complex fluid-solid coupling effect of the polymetallic nodule hydraulic collection device have significantly reduced the nodule capture efficiency, seriously restricting the commercialization process of deep-sea mining. In this paper, for the widely used dual-row jet and wall-attached jet devices, based on the shear stress transfer k-ω turbulence model and the numerical analysis method of the discrete element method(DEM), the flow field distribution, particle movement law, and the compatibility of the collection head with the variable cross-section flow channel of the two hydraulic ore collection methods were explored. The findings reveal that both collection methods exhibit increasing transport rates with elevated jet velocities, and the collection efficiency demonstrates limited sensitivity to jet velocity variations within certain ranges. Flow channel configuration emerges as the dominant factor affecting collection efficiency. The dual-row jet configuration achieves only 80% collection efficiency due to vortex-induced flow field heterogeneity, particularly at the flow channel inlet region where efficient nodule collection is impeded. In contrast, the wall-attached jet configuration demonstrates superior nodule collection efficiency of 95%, attributable to its uniform flow field distribution. Comparative analysis under identical structural dimensions and hydraulic parameters confirms the wall-attached jet’s advantages in both ore collection capacity and flow channel compatibility. This study proposes that commercial applications of dual-row jets should prioritize vortex mitigation strategies in flow channel design. The presented findings provide references for optimizing structural configurations of efficient deep-sea polymetallic nodule collection devices.

Shimeng Zhang, Zejun Sun, Guan Wang et al.

Abstract The identification of key nodes has garnered considerable attention across various research domains, including commercial marketing, infectious disease prevention and control, road network optimization, intelligent electricity management, and Chinese medicine formulation design. To evaluate critical nodes within complex networks, numerous algorithms have been proposed. However, these methods exhibit certain limitations such as one-sided considerations and single evaluation indexes. Consequently, the applicability of these key node identification approaches is limited to specific scenarios. In this paper, we propose a novel method for identifying key nodes based on principles from communication transmission theory and the law of gravity. Our approach fully explores the network structure and node relationships, integrating the Shannon channel capacity model and the gravity model. This method not only considers a node’s own location and importance, but also the proximity of its neighbors to the target node within two hops. Through extensive experimentation, we demonstrate that our algorithm outperforms representative methods proposed in recent years in terms of consistency with the SIR model, similarity of Top-N nodes, and node importance differentiation. Real-world experiments conducted on COVID-19 networks further validate the effectiveness of our approach.

Viktoriia Holubieva, Serhiy Sivkov, Borys Moskvin

The article explores the legal and organizational foundations of integrating international investment programs into the system of support for veteran entrepreneurship in Ukraine. It is substantiated that the development of entrepreneurial activity among individuals who have participated in the defense of the state constitutes not only a tool for economic self-realization but also an integral part of public policy for the social adaptation and reintegration of veterans into civilian life. The study examines the main forms of foreign financial involvement in the sphere of veteran initiatives, in particular the mechanisms of grant assistance, concessional lending, guarantee instruments, and technical support implemented with the participation of international financial organizations and donor funds. The procedures for the participation of veteran business entities in the respective programs are detailed, and the legal aspects of cooperation with international donors within the framework of the current Ukrainian legal system are analyzed. The core focus of the research is the institutional arrangement of the investment process into veteran entrepreneurship. It has been found that the national legal system currently does not provide a specialized regulatory regime for business entities founded by veterans, which creates obstacles to their participation in international projects. Particular attention is given to the need to formalize the status of such entities for the purposes of legal protection and fiscal incentives. The article analyzes legal and administrative barriers that complicate the implementation of international investment programs in Ukraine. It highlights the problems of inconsistency between investment legislation, the regulatory framework in the field of veterans’ social protection, and the regulation of entrepreneurial activity. The importance of cross-sectoral legal harmonization is emphasized, taking into account standards of transparency, accountability, and effectiveness. Within the framework of the study, the necessity of establishing a specialized state mechanism for the coordination of international investments in the field of veteran business has been substantiated. The creation of a national agency or coordination center is argued as expedient, which would perform the functions of regulatory support, expert analysis, project certification, and communication between Ukrainian recipients and international entities. Based on the conducted analysis, a number of recommendations have been formulated aimed at improving the legal environment for supporting veteran initiatives through systematic regulatory arrangements for their participation in international investment programs. The conclusion is drawn regarding the necessity of integrating veteran-related issues into long-term state strategies for the development of small and medium-sized enterprises as one of the factors of social resilience and national recovery. The subject of the article is the legal and organizational-institutional aspects of engaging international investment programs in the process of support, development, and institutionalization of veteran entrepreneurship in Ukraine, as well as the regulatory provision of interaction between state authorities, veteran business entities, and international financial structures in the context of post-war recovery. Research methods. Within the research entitled: "The Role of International Investment Programs in Forming the Legal and Institutional Foundations for Supporting Veteran Entrepreneurship in Ukraine", a comprehensive set of legal science methods was applied, ensuring the thoroughness and depth of the analysis of the chosen issue. In particular, the formal-legal method was used to analyze regulatory acts governing investment activity and the legal status of veterans; the comparative-legal method was applied to identify the features of legal regulation of investment support for entrepreneurship in the context of cooperation with international donors; the systemic-structural method was used to study the interaction between legal, institutional, and financial elements. In addition, during the research, the functional method was used to clarify the role of public authorities in ensuring the effective use of international assistance; the dialectical-legal method served to comprehend the internal contradictions and development trends of the legal framework in the field of veteran entrepreneurship; and the method of legal forecasting made it possible to formulate proposals for improving legislation and the institutional environment, taking into account the prospective integration of international investment mechanisms into the post-war economy of Ukraine. The purpose of the article is to provide a scholarly justification for the need to improve regulatory and institutional mechanisms for engaging international investment programs in the development of veteran entrepreneurship in Ukraine, as well as to identify key law enforcement issues that hinder the effective functioning of such programs, followed by the formulation of proposals for creating a favorable legal environment for the socially oriented economic reintegration of veterans. Conclusions. Public administration in the field of veteran entrepreneurship development involving international investment programs is an important instrument of the state's social policy aimed at ensuring the dignified reintegration of veterans, stimulating their economic activity, and strengthening social cohesion in the context of post-conflict recovery. The role of the state consists in establishing a clear legal foundation for the functioning of veteran business entities, developing relevant regulations, coordinating participation in international programs, and introducing incentive mechanisms, including tax, financial, and advisory support tools. Executive authorities and local self-government bodies must ensure the effective implementation of such programs at the regional level, including informing target groups, supporting investment projects, monitoring the legal status of participants, and creating institutional capacity for interaction with international donors. Against the backdrop of limited budgetary resources during wartime, special importance is attached to the development of innovative public-private partnership mechanisms and the creation of specialized coordination structures or support funds for veteran businesses with the involvement of international technical assistance. Legislative regulation should provide for comprehensive support for veterans as entrepreneurs, considering not only commercial law but also social, rehabilitative, and investment aspects. A critical condition for the successful implementation of such programs is the integration of veteran policy into national economic development strategies, the strengthening of inter-agency coordination, and the assurance of transparency, accountability, and stability in legal regulation. A systemic and cross-sectoral approach should ensure the synergy of efforts among all public administration actors, international partners, and civil society.

Rebecca Andeso

The global rise of surrogacy, both as a medical practice and a commercial arrangement, has outpaced the development of international legal frameworks, leading to significant ethical, legal, and human rights concerns. Currently, surrogacy laws vary drastically across jurisdictions, ranging from outright prohibition to permissive commercial practices, often leaving surrogate mothers, intended parents, and children in vulnerable and uncertain legal positions. This paper argues that the absence of a cohesive international legal regime to regulate surrogacy exacerbates these disparities, fostering exploitation, forum shopping, and legal fragmentation, especially in cross-border surrogacy arrangements. Drawing upon comparative legal analysis and international human rights law, the paper advocates for the establishment of a universal legal framework that would harmonise surrogacy regulations across borders. Such a framework would address fundamental issues, including the protection of surrogate mothers from exploitation, the recognition and enforcement of parental rights across jurisdictions, and the safeguarding of the rights and welfare of children born through surrogacy. Through an analysis of existing frameworks and the evolving discourse, this paper argues that comprehensive international regulation is essential to address the global nature of surrogacy, while also balancing national autonomy with universal human rights protections.

Liuba Galbán Rodríguez

Durante años, en la práctica judicial mundial, particularmente en las jurisdicciones ordinarias civiles, los jueces han preferido interpretar y aplicar derechos y principios, y no valores constitucionales, en la solución de casos concretos, debido fundamentalmente a dificultades de diferenciación entre ellos. Este artículo pretende aportar a los jueces civiles algunos elementos que coad­yuven a clarificar tal estrecha relación, y a la vez, poner de presente distinciones que existen entre tales figuras jurídicas; demuestra que el empleo de los valores constitucionales para la solución de casos que versen sobre derechos de las per­sonas no es monopolio exclusivo de los jueces de la jurisdicción constitucional.

Bagus Teguh Santoso

The supreme court didn’t make the gradation on the evidence law in the process of the law enforcement on the first stage/pre-trial (investigation and introgation) and the second stage/trial (prosecution and verdict). Meanwhile, the provisions of article 184 KUHAP is related with the provisions of the next article 185, 186, 187, 188, and 189 KUHAP. That proves that the gradation of legal evidence in article 184 is for the second stage/ trial process. The research method used in this research is normative legal research. The research approach used is the statutory approach, the conceptual approach and the cases approach to coercive measures (dwang middelen) in the alleged occurrence of criminal acts for investigators based on the Criminal Procedure Code and the Constitutional Court Decision Number: 21/ PUU-XII/2014. This study aims to analyze disharmony as a legal consequence of the Constitutional Court Decision No. 21/PUU-XII/2014. If the verdict of supreme court aquo has the character final and binding, then after 30 days it was decided and declared in the gazette. As the law effect, all measures from the investigator were guided by KUHAP, in the frame of the force effort (dwang middelen) when the determination of the suspect, the arrest, and the detention is called as the breach of the legality principle and the rechtmatigeheid van bestur principle. That measures is null and void (neitigheid van rechtswege), therefore when tested by the pre-trial process about that measures, then the lawsuit filed by the applicant is very feasible and rasionable based on the law and appropriate to be accepted by the judge of pre-trial examiner.

Guiguo Wang, Rajesh Sharma

The Second Belt and Road Forum for International Cooperation announced the establishment of the International Commercial Dispute Prevention and Settlement Organization (ICDPASO) in 2019. The ICDPASO was coordinated by the China Council for the Promotion of International Trade and the China Chamber of International Commerce, together with industrial and commercial organizations and legal service agencies from over thirty countries and regions including the European Union, Italy, Singapore, Russia, Belgium, Mexico, Malaysia, Poland, Bulgaria, and Myanmar. It was launched on 15 October 2020. As its title indicates, ICDPASO's mandate to provide dispute resolution services is not confined to the Belt and Road Initiative (BRI) countries but includes resolving any disputes that the parties entrust to its jurisdiction. The ICDPASO aims to serve as a “legal hub” to resolve commercial and investment disputes effectively, efficiently, and practically. Unlike other multilateral dispute resolution forums, it is intended to provide an Asian-centric multilateral dispute resolution forum. This essay, the first on the subject of the ICDPASO, discusses how the ICDPASO can serve as a global laboratory for experimenting and innovating in dispute resolution with the potential to impact the landscape of international law, in particular its innovative use of mediation, good offices, and appeal processes to prevent and resolve disputes arising from the BRI. As BRI projects aim to establish infrastructure and digital connectivity within BRI countries and regions for trade and development, this essay argues that the dispute resolution process under the ICDPASO should take into account the overall development of a country or region. The essay concludes that the ICDPASO will be a game changer by introducing an Asian way of resolving disputes.

Nebojša Šarkić , Dalibor Krstinić, Katarina Petrović

The right to the personal name represents the most important expression of a personal identity, as well as an absolute subjective right of every individual. Furthermore, the individual is, through the personal name, distinguished in the known and social context, and it is also the means through which the state identifies its subjects. Without the existence of the personal name, the life within a community would be unimaginable, which means that this type of individualization is as old as the very human society. Nevertheless, through time, the means of such an individualization have been changed. Today, in Republic of Serbia, the personal name consists of a surname by which the belonging to a certain family community is expressed, and a name through which he/she is individualized within that community. The question of a personal name in our country is regulated by the Family Law and it is guaranteed by the Constitution. Given the importance of the personal name, the aim of this paper will be to demonstrate the important questions pertaining to the personal name, as well as the Family Law norms, by which it is regulated within the lawful context of Republic of Serbia.

Constanza Astudillo Meza

El presente trabajo analiza sentencias dictadas por la Corte Suprema y por las cortes de apelaciones de Chile que se pronuncian acerca de la autorización para que niños, niñas y adolescentes salgan del país. Esta materia se encuentra regulada en la ley 16.618 y exige para conceder el referido permiso que la salida reporte un beneficio a los niños, niñas y adolescentes. En el presente trabajo analizaremos dicho beneficio a partir del interés superior del niño, considerando la relevancia de la familia extensa.

Tatiana V. Novikova

The research is relevant due to development of transboundary private legal relations, including agency, recourse to party autonomy and the Hague Convention on the Law Applicable to Agency (the Hague Convention of 1978) potential of practical application. The goal is to analyze the party autonomy standards stipulated by the Hague Convention of 1978, to assess the place of the indicated norms within the system of international norms regarding party autonomy and to make conclusions on potential of its practical application. The main specific legal methods are historical and comparative. Due to insufficient scientific elaboration on the matter the main materials were the international treaty norms, including different language versions and translations, and profound travaux préparatoires enabling to clear up the contents of the norms. The main results include the following conclusions. Firstly, in spite of standpoint widespread in Russian jurisprudence the Hague Convention of 1978 acknowledges party autonomy for two legal relations and stipulates liberal standard for agent and principal relations and strict - for the agents authority in principal and third party relations. Secondly, the Hague Convention of 1978 has the potential of practical application as a part of lex fori of its states parties by court and as a collection of internationally accepted norms by international commercial arbitration. In conclusion the author stresses that it is important for Russian participants of international civil intercourse to have the right perception of the Hague Convention of 1978 norms when choosing a forum for disputes arising out of their international agency agreements.

Belko Victor, Ivanov Ivan, Plotnikov Andrey et al.

Metallized film capacitors widely used in energy applications were studied. The experimental method for investigation of energy and dynamic characteristics of self-healing processes in real metal-film capacitors was developed. The commercial PET and PP MFCs of 0.22 – 1 μF capacitance and 63–250 V voltage were tested. Depending on applied voltage, 3 types of SH processes in MFC were discovered: single, repetitive, and multiple SH. Dependencies of self-healing energy on breakdown voltage were obtained. These dependencies are described by power law with the exponent n = 2.2–2.4 that significantly differs from literature data. The obtained data will be used for degradation and aging laws formulation for capacitors’ energy storage capability improvement.

Roberto Marcelli

SOMMARIO: 1. Premessa. – 2. Introduzione: il pagamento anticipato degli interessi rispetto alla scadenza del capitale. – 3. L’anatocismo attraverso forme improprie di roll-over. – 4. I finanziamenti a rimborso progressivo: ammortamento alla francese e all’italiana. – 5. Ammortamento francese ed italiano: un’esemplificazione. – 6. Conclusioni.

Maite Aguirrezabal Grünstein, Álvaro Pérez Ragone

La cultura jurídico-procesal comparada contemporánea comienza a ser consistente en cuanto a la necesidad de un juez cercano y empático en su relación con las partes y sus representantes, lo que requiere una transformación de paradigmas. La instauración del proceso por audiencias, con la mejora de todas las condiciones orgánicas y financieras del sistema de administración de justicia civil, no parece ser suficiente; se requiere además fijar nuevos roles al juez y a las partes. Por el lado del juez, se impone una visión en la que este asume un rol activo, de gerente y conductor. De esta forma se verifica una simbiosis entre los sistemas adversarial e inquisitorio. Por el lado de las partes, la competencia entre estas por obtener un resultado positivo se matiza y equilibra con la cooperación. Todo el engranaje impone conductas de trato equitativo y debido y justo proceso como valores internos. Estas son condiciones necesarias para un proceso civil eficaz, racional, justo y eficiente.

Mustafa Uçar, Cevdet Kızıl, Oğuzhan Oğuz

Some problems of accounting professionals in Turkey were solved with the introduction of Law on Public Accountants, Certified Public Accountants and Sworn-in Certified Public Accountants in 1989. However, many other problems still remain to be solved for accountants in Turkey as of 2018. There were two main objectives of this study. The first one was to identify the problems faced by accounting professionals living in Istanbul, Turkey and the second one was to come up with solutions for these problems. The eesearch took advantage of questionnaire methodology. According to research findings, accounting occupation doesn’t have a professional identity in Turkey. Also, accounting education given in universities is perceived as inadequate. The leading reason why accounting professionals are only considered as bookkeepers in Turkey is knowledge defficiencies. The main motivation behind choosing the accountant career path is commercial (monetary). The leading reason for lack of confidence against accountants in Turkey is ignorance of accounting ethics. Lack of practice is the leading deficiency concerning accounting education in Turkey. This is followed by insufficient accounting ethics education. Leading problems of accounting professionals in Turkish business life are economical. Our literature review shows that, expectations from public authorities, professional accounting chambers and bodies increase to solve the problems of accounting professionals. Thus, the suggested solutions by this study to eliminate determined problems of accounting professionals should be evaluated and considered by public authorities, professional accounting chambers and bodies. Moreover, effective communication, coordination and agreement on legal arrangements must be present among accounting professionals, chambers, bodies and public authorities to solve the problems of accounting professionals residing in Istanbul, Turkey.

Giovanni Tagliabue

EU lawmakers have long refused the cultivation of “Genetically Modified Organisms”. An example of this struggle is the revision of the accepted level of contaminants in maize: rather than admitting that Bt maize is safer than “non-GMO” varieties, and therefore European farmers should be allowed not only to import it, but also to produce it, politicians have raised the threshold of the poisonous fumonisins that may be legally present in food and feed. This decision is an example of a “Schumpeterian” approach to policy, where public choices are not inspired by a science-based mindset, but are substantially dictated by a calculus of consent; economic/commercial protectionism has also been considered as a motivation. While scholars must continue to explain that every policy decision should have a basis in sound science, no way out of the “GMO” imbroglio seems to be foreseeable, as long as politicians stick to the Schumpeterian iron law.

Biano Alves de Melo Neto, Ada Azevedo Barbosa, Cristina Xavier dos Santos Leite et al.

This study aimed to establish the chemical composition and functional properties of the starch extracted from the pejibaye fruit (Bactris gasepaes Kunth.). The chemical characterization was evaluated from the determination of starch, amylose, amylopectin, total lipid, protein, ash, moisture and water activity. The water absorption index and the water solubility index were calculated for temperatures between 25 and 90ºC. Low contents of ash and protein were found. The studied starch has 14% moisture, according to the established by law. The water activity value was 0.55, which ensures its microbiological stability. A range of gelatinization between 65 to 70ºC was observed, close to the one of commercial starches. The solubility rate in water was 0.6119% and the absorption rate in water was 1.8252%. These results demonstrated that the starch from the pejibaye fruit has important characteristics for use in the food industry.

Velisav Marković

Representation is a way (an option) of taking legal affairs in the name and on behalf of a represented person where all effects of the acts undertaken in the name and for the account of the represented person(s) arise only toward the represented person, if the agent acted within the limits of the powers of representation and informed the third party that the acts were undertaken in the name and on behalf of the represented person. Representation has similarities with the other legal institutes such as a warrant, commission, mediation, the management without a warrant. In this paper, the author analyzes the similarities and differences between representation and aforementioned institutes and clarifies the distinction between them.

Constantin Tănase

Common practices, whether recognized or not as a source of law, represented an area of great importance in economic practice and judicial bodies, especially in maritime and river transport, but also rail and air transport. The Civil Code of 1864 made some references to local custom, while the new Civil Code provisions establish that practices are sources of law. In this way was settled a particularly sensitive area, namely, the existence and applicability of common practices in special matters such as those on business, commercial transactions, financial and otherwise, being directly related to maritime and river transport. This study attempts to identify specific features of the common practices application in Galaţi port in the early twentieth century.

Juliana Santilli

The article makes a critical analysis of the impacts of the Brazilian Seed Law (10.711/2003) on agricultural biodiversity and on traditional and local agriculture. The above-mentioned law caters to the needs and interests of 'formal' seed systems, and does not consider the important role played by local and traditional seed systems (frequently called 'informal'), in which the production, exchange, breeding and conservation of seeds are carried out by the farmers themselves, through their social networks and according to local rules. 'Formal' seed systems tend to focus mainly on crops of commercial value, and widely used in homogeneous environments. Therefore, they are not interested in producing seeds that are adapted to specific local conditions and uses, nor in attending the needs of local and traditional farmers, which have limited resources and live in regions that are culturally and environmentally heterogeneous.

Maximiliano Rodríguez Fernández