Hasil untuk "Civil law"

Yayuk Hidayah, Meiwatizal Trihastuti, Nabila Ihza Nur Muttaqi et al.

Complex problem-solving skills are essential competencies for addressing the challenges of an ever-evolving digital society. This study aims to explore the enhancement of these skills through a community engagement approach. The research was conducted with students from Universitas Negeri Yogyakarta, specifically from the Civil Engineering and Planning Education, Electrical Engineering, Architecture, and Law departments, during the 2024 odd semester. A qualitative method was employed, utilizing interviews, participatory observations, and document analysis for data collection.The findings reveal that student participation in community-based programs, such as renewable energy technology development, eco-friendly architectural design, sustainable infrastructure, and digital law solutions, significantly improved critical thinking, multidimensional analysis, and cross-disciplinary collaboration skills. Engagement with the community broadened students' understanding of social, cultural, and technological contexts, fostering the creation of innovative and relevant solutions. The study recommends integrating community-based programs into the curriculum, fostering partnerships with local communities, and providing intensive training to support 21st-century competency development, aiming to produce adaptive and competitive graduates.

Dan VELICU

It is well known that the regulation of consumer contracts has developed a lot in recent decades, becoming a very important component of EU law. However, any evolution requires critical reflections. In this study we try to focus on the new elements that have occurred and especially on the effects produced by the transposition of Directive (EU) 2019/771 into Romanian law. At first glance, we must observe what is new in the text of the directive and whether these novelties are correlated with the technological evolution of consumer products. On the other hand, a regulation of the sale calls into question the degree of timeliness of the ordinary regulation offered by the Civil Code. Are there two parallel regulations? Can we talk about a pressure on the basic regulation offered by the Civil Code if the new regulation also provides a definition of the sale-purchase contract? These are questions that this study tries to answer.

Nataly Félix Acosta, Priscilla Gavancho, Michael Luyo Castañeda

En el artículo se analiza la aplicación del principio de subsidiariedad en los créditos hipotecarios del Banco de la Nación, resaltando la diferencia de criterios entre el Tribunal Constitucional e Indecopi. El primero enfatiza la necesidad social, mientras que el segundo prioriza la competencia y la suficiencia de la oferta privada, considerando que la participación estatal solo se justifica si el sector privado no cubre adecuadamente la demanda. Ante la falta de criterios uniformes, proponemos lineamientos para evaluar la subsidiariedad en el otorgamiento de estos créditos y evitar distorsiones en el mercado. Además, presentamos alternativas para la subsistencia del Banco de la Nación, garantizando que su intervención respete la subsidiariedad y sea complementaria a la banca privada.

Ulya Yasmine Prisandani

Greenwashing, the practice of making false or exaggerated environmental claims to deceive consumers, has emerged as a pressing issue in various industries. This study explores the legal implications of greenwashing under Indonesian law, particularly its impact on the validity of contracts. Utilizing a normative legal research methodology, this paper examines the gap in Indonesian regulations regarding greenwashing, highlighting its connection to deceptive marketing and contractual fraud. According to the Indonesian Civil Code, contracts are only valid if there is mutual consent between the parties. Greenwashing, by distorting the truth about a product or service's environmental impact, undermines this essential element of consensus, potentially rendering contracts voidable. This research draws parallels between greenwashing and contractual fraud, explaining how deceptive claims can mislead parties, disrupting their agreement and affecting the contract’s legitimacy. Furthermore, the paper analyzes how greenwashing can be classified as fraud under the Indonesian Criminal Code, with implications for both civil and criminal liability. Despite the lack of specific regulations addressing greenwashing, the study proposes that its deceptive nature should be treated as a distinct legal issue, separate from general fraud. It also emphasizes the need for legal reforms to protect consumers and ensure that companies are held accountable for their environmental claims. The study concludes by advocating for stricter regulations and oversight mechanisms to mitigate the environmental and financial harm caused by greenwashing in Indonesia.

Ganyapak Buengsai

In this study the researcher aimed to develop a knowledge platform in the issue of heirs and the division of estate and Law of Succession for elderly people and to compare the knowledge before and after training of the elderly people in these issues of heirs and the division of estate, Law of Succession under the Civil and Commercial Code, Book No.6, Section 1599-1755 in the Elderly Club of Samphan Suk Community, Ban Chan Sub-district, Muang District, Udon Thani Province. The participants were 120 elderly people in this club, and 30 elderly people with the age less than 69 years were selected by simple random sampling. The research instruments were 1) the knowledge platform in the issue of heirs and the division of estate, Law of Succession for elderly people and 2) the 20-question pretest-posttest on the knowledge of law of succession in heirs and the division of estate. Additionally, the Index of consistency (IOC) value was between 0.60-0.80, the confidence value was 0.83, the power of discrimination was between 0.53-0.78, and the difficulty of the test was between 0.30-0.60. The statistical tools used for the hypothesis validation are average, percentage, Standard Deviation, and one sample t-test. It was found that.- 1) the knowledge platform in the issue of heirs and the division of estate, Law of Succession for elderly people had the level of appropriateness for usage as “High” or 96.66%, the clear content in the “High” level or 93.33%, and the possibility for practical usage witnesses “High” level or 86.66% 2) the knowledge after training in the issue of heirs and the division of estate, Law of Succession for elderly people was 56% higher than before the training

Natalia Janu

According to statistical data, the number of entities that declared insolvency in the Republic of Moldova has increased significantly. Thus, if, in 2016, 673 economic agents were declared insolvent, then only in the first quarter of 2022 their number stood at 2968 . In all countries of the world, no matter the level and degree of development of their economy, there is such a phenomenon as insolvency. It is obvious that a natural or legal person could become insolvent because of excess debt or lack of liquidity. In other cases, however, it is found that insolvency occurs because entrepreneurs are not able to manage their business, or they intentionally, through illicit actions, cause the company's poor economic condition. Therefore, the economic and financial difficulties of an enterprise may have the "domino" negative effect of attracting the financial collapse of business partners . We consider that the legislation of the Republic of Moldova provides sufficient instruments for the authorized administrator and the State Tax Service to have the possibility, together with the insolvency process, to identify offenses committed by the debtor even after the insolvency proceedings have been initiated. At the same time, we can assume that the detection of the insolvency offense in the Republic of Moldova is a rare phenomenon, because we are confronted with the problem of lack of professional training and specialization in the given field of the criminal investigation bodies, the competence in examining these crimes is assigned to the general organs of Ministry of Internal Affairs, according to art. 266 of the Criminal Procedure Code of the Republic of Moldova. However, the offense of insolvency (fictitious and intentional), as an economic crime, requires extensive knowledge of the financial and accounting field, civil law, insolvency, etc., for the instrumental provision of complex strategic investigations following the experience of the European Union. It is therefore important that criminal investigation structures investigating economic offenses in general and insolvency offenses in particular should have a high return through full use of institutional and professional capacities.

Tetyana Ostrikova

The main elements of AEO institution initially emerged in legislations of different countries, which legal systems belong both to common law and civil law families. In addition, there was an inevitable variability towards the tasks being solved, from general supply chain security issues to a focus on countering terrorist threats. At the same time, the modern AEO standards formed both at the level of international organizations, like WCO and WTO, and the regional level, such as the EU and associated countries. Therefore, we argue that there are several promising approaches to analyzing the legal status of AEO, including the concept of ‘legal origins’ and the institutions’ legal theories. They have a significant potential for explaining national differences in the implementation of the AEO institution, the specifics of the interaction of the norms of different branches of law in regulating the activities of the AEO, the methods, and methods of state administration of the AEO programs. Besides, the paper addresses the issue of intersectoral regulation of AEO institution, which embraces norms of several branches of law, including both public (administrative, tax and customs) law and private. Furthermore, the idea of delegation of competence and responsibilities towards granting supply chains security from state authorities to private entities (i.e. ‘trusted traders’) creates a shift in legal regulation where different internal rules and practices of private companies become essential to achieving the tasks assigned to AEO institution.

Валерій Дмитрович Авескулов

The Constitution of Ukraine guarantees to everyone the right to labour, including the possibility to earn one's living by labour that he or she freely chooses or to which he or she freely agrees. The State creates conditions for citizens to fully realise their right to labour, guarantees equal opportunities in the choice of profession and of types of labour activity. The main way to realize given right is to enter into an employment contract. The first scientist on the territory of Russian Empire who studied a nature of employment contract and its distinctions from civil contracts was Lev Tal (1866–1933). Beginning from 1922 Employment Contract has also passed a long historical way in the national legislation. Recently Cabinet of Ministers of Ukraine opened to the public a Project of new Labour Law. Its norms radically differs from the current legal regulation and offers a new reality for labor relations. Considering an importance of active discussion of new Project we decided to analyze a definition and main features of employment contract given in the Project and to compare it with previous legislative definitions. For this scientific achievements in this area were actively used. The explanatory note to the Project gives us an idea about general aim of new document. The latter is directed to set equal rules for business, to make rights and interests of employers and employees balanced, to stimulate a development of new businesses, to simplify a procedure of starting and ending labour relations, lowering an unemployment level etc. Analysis of definition and main features of employment contract given in the Project shows that balance between legislative and contractual regulation is changing – the share of second is strongly increasing. Concluding the research we state that the revolutionary changes offered by the Cabinet of Ministers of Ukraine can lead to situation when employees will not be able to defend themselves properly. As a result a unpredictable reaction from society can occur. Our suggestion is to continue a discussion of Project text and to use actively the scientific achievements accumulated by leading national and foreign schools of Labor Law.

Seyed Mohammad Razavi, Sayyed Ali Razavi

Comparative commercial advertising, which is based on comparison of features and characteristics of competitors’ goods and services, is one of the most popular ways of advertising and an important means of protection consumers’ rights. A comparative advertising is legitimate in light of principles such as co-operation and piety, forbidding injustice and keeping the trust and it will not incur responsibility for the advertiser. If the conditions are not complied with and damages are brought to competitors, they may file a lawsuit against the advertiser’s unfair competition. Differences such as specific definitions of negligence in some legal systems, and quality of proof of harm, distinguish an unfair competition from a general civil liability dispute. The unfair competition lawsuit in a court of law may lead to the issuance of a warrant for compensation in cash, an order to stop broadcasting advertising, the insertion of a ruling in the press, or a correctional advertisement to compensate the damage sustained to the competitor's reputation. In this article, some international treaties and the laws of some jurisdictions have been discussed and it has been investigated how the law is enforced and implemented in Iranian law.

Rista Rista, Muhammad Amin Qodri

Jasa Konstruksi menjelaskan bahwa yang dimaksud dengan Kontrak Kerja Konstruksi adalah keseluruhan dokumen yang mengatur hubungan hukum antara pengguna jasa dan penyedia jasa dalam penyelenggaraan pekerjaan konstruksi. Perjanjian Pembangunan Ruang Kelas Baru dan Gapura di SMKPP Batanghari dibuat dalam bentuk kontrak baku yang berisi perjanjian pemborongan antara Dinas Pendidikan Provinsi Jambi dan CV. Analis Konstruksi untuk melaksanakan, menyelesaikan dan memelihara pekerjaan Tujuan penelitian yang ingin dicapai dalam penelitian ini adalah sebagai berikut : (1)Untuk mengetahui dan menganalisis bagaimana pelaksanaan hak dan kewajiban dalam perjanjian konstruksi antara CV. Analis Konstruksi dengan Dinas Pendidikan Provinsi Jambi sudah berjalan dengan baik? (2)Untuk mengetahui dan menganalisis apa saja kendala – kendala dalam pelaksanaan kontrak kerja kontruksi antara Dinas Pendidikan Provinsi Jambi dengan CV.Analis Kontruksi? Metode penelitian yang digunakan adalah tipe penelitian yuridis dan empiris, yaitu penelitian yang menitik beratkan pada penelitian di lapangan untuk memperoleh data primer. Metode pendekatan yuridis empiris dalam tugasnya memaparkan fakta dan menjelaskan dengan bantuan hipotesis yang sesuai dengan hukum. Namun pelaksana pekerjaan konstruksi mengalami hambatan sehingga menyebabkan kelalaian yang menimbulkan tidak terpenuhinya prestasi sebagaimana yang  telah ditentukan dalam kontrak. pada Pekerjaan Pembangunan Ruang Kelas Baru dan Gapura di SMKPP Batanghari antara CV. Analis Konstruksi dengan Dinas Pendidikan Provinsi Jambi. Kata Kunci : Perjanjian, Pelaksanaan Kontrak Kerja   Abstract Construction Services explains that what is meant by a Construction Work Contract is the entire document that regulates the legal relationship between service users and service providers in the implementation of construction work. The New Classroom and Gapura Development Agreement at the Batanghari SMKPP was made in the form of a standard contract that contained a chartering agreement between the Jambi Provincial Education Office and CV. Analis Konstruksi to carry out, complete and maintain work The research objectives to be achieved in this study are as follows: (1) To find out and analyze how the implementation of rights and obligations in the construction agreement between CV. Analis Konstruksi with the Jambi Provincial Education Office going well? (2) To find out and analyze what are the constraints in the implementation of construction work contracts between the Jambi Provincial Education Office and CV.Analis Konstruksi The research method used is a type of juridical and empirical research, namely research that focuses on research in the field to obtain primary data. The empirical juridical approach method in its task of describing the facts and explaining with the help of hypotheses in accordance with the law. However, the construction work experienced obstacles which caused negligence which resulted in not fulfilling the achievements as specified in the contract. on the Construction of New Classroom and Archway Work in Batanghari Vocational School between CV. Analis Konstruksi with the Jambi Provincial Education Office. Keyword: Agreement, Work Contract Implementation

Dávid Ujhelyi

A külföldi és hazai szakirodalom jellemzően legfeljebb érintőlegesen tárgyalja a paródia célú felhasználások és a szerzői személyhez fűződő jogok kapcsolatát, ütközési pontjait csak ritkán azonosítja. Jelen tanulmány célja így a paródia vonatkozásában ezen, gyakran elsikkadni látszó kérdés feltárása. Ennek körében elsőként bemutatásra kerül a személyhez fűződő jogok nemzetközi szabályozási környezete, majd az Európai Unió kapcsolódó jogforrásainak és az Európai Unió Bírósága gyakorlatának elemzését követően két, a személyhez fűződő jogok tekintetében – bár egymástól eltérő előjellel – kiemelkedő jelentőségű állam, Franciaország és az Egyesült Államok szabályozása is megvizsgálásra kerül. A hazai szabályozás és gyakorlat feltárását követően a tanulmány javaslatot tesz a paródia és a szerzői személyhez fűződő jogok közötti ütközések feloldására.

Arthur Emanuel Leal Abreu, Alexandre de Castro Coura

This paper explores the connection between law and literature, considering the concept of civil disobedience as developed in the plot of the novel Harry Potter and the Order of the Phoenix. To do so, this research uses the approach of law in literature, by linking the actions of Dumbledore’s Army to the theory of civil disobedience by Dworkin. Also, the narrative is compared to the conception of civil disobedience as a fundamental right, based on the conflict between facticity and validity, as described by Habermas. Thus, the analysis identifies, in the novel, two categories of civil disobedience proposed by Dworkin, and discusses, in real life, the overlapping of disobedience based on justice and on politics, in order to identify the conditions that justify actions of civil disobedience. Besides that, this paper analyzes the tension between legality and legitimacy, considering the decisions of the Ministry of Magic and its educational decrees, which sets the school community apart from the official political power. In conclusion, the research examines the use of persuasive and non-persuasive strategies and the reach of civil disobedience’s purposes based on the actions of Harry Potter and of Dumbledore’s Army.

Benkouider Tahar, Djairene Bachir

Arbitration is one of the main ways or alternative means to resolve disputes, especially concerning foreign investments to the state, to achieve this system advantages, and Algeria before the opening of the economy has become necessary to adopt such a mechanism as a means to resolve disputes of foreign investments. But the effectiveness of the arbitration will only be developed by mechanisms which ensure the arbitrators decisions will be executed to settle the disputes in the state you want to implement it in. Indeed, Algeria has devoted some texts which ensure the implementation of arbitral awards arising from the disputes of foreign investments, and in civil law and administrative procedures, as well as through agreements it has ratified, and the most important was that of New York Convention in 1958.

Anna Kowalczyk, Kinga Kulczycka, Ewa Stychno et al.

The basic form of compensation for damages incurred as a result of an accident at work or an occupational disease are benefits provided for in the Act on Social Insurance against Accidents at Work and Occupational Diseases of 30 October 2002. If they prove to be insufficient, a person who has suffered an accident at work or an occupational disease may claim supplementary benefits from the employer on the basis of civil law. However, analyses of the health status of the working population in Poland show that occupational diseases are slowly becoming rare, which does not mean that the health status of the working population is improving. Diseases which have been indirectly affected by the development, course or prognosis of the working environment or the way in which it is performed are increasingly recognised. On the basis of the case described, a legal analysis was made in order to answer this research question: does an employee or former employee have the right to claim compensation under civil law for an illness caused by working conditions which is not an occupational disease? The case described above and the legal-dogmatic analysis allow us to conclude that in the Polish legal system it is possible to pursue supplementary claims against the employer in the event of the occurrence of not only occupational diseases, but also other illnesses related to the work performed.

Elena Orrù

The Italian Navigation Code has transposed the practices developed at international level, in particular in international contracts for the ‘’locazione’’ and ‘’noleggio’’ of ships, distinguishing between the ship lease, from the one side, and the charter, from the other. The latter, in particular, consists of voyage charter and time charter. However, the Italian discipline differs in several respects from the contract types developed at international level. As for pleasure vessels, a specific regime lacked until the Law of 11 February 1971, No 50. The great development of this sector (which was previously considered limited to the use of pleasure vessels only for personal purposes), in particular of the entrepreneurial use of these vessels, furthered the draft and enactment, in 2005, of the Pleasure Navigation Code (Law of 18 July 2005, No 171), providing for a more comprehensive regime, however still not covering all the issues and aspects of pleasure navigation. The Code provides for a special regime of the contracts for the lease and charter of pleasure vessels: this article provides a review of the regime of these contracts provided by the Italian Pleasure Navigation Code, with regard also to its relationship with the Navigation Code and the Civil Code. The Code’s provisions are also examined with reference to standard contracts developed at the international level.

Alberto Martinelli

European identity is not only a scientifically interesting question, but also a politically important issue: in fact, sixty years after the signing of the Treaty of Rome, the European Union finds itself for the first time facing risks that threaten its own existence. The European Union is a limited and incomplete project because Europe’s economic integration has not been accompanied by a genuine supranational political union and greater cultural integration. The deficit of democratic representation and cultural integration is due to the fact that the community process is based only on economic rationality and not on a feeling of common belonging. In the current situation in which the Union faces difficult challenges which threaten to undermine the future, it necessary to affirm the policy of interests with a policy of identity. In this essay, we will first concentrate on the concept of identity – that is on the nucleus of values and common institutions –; then we will discuss how the European identity has changed over time (also in relation to national identities) and what are the mechanisms that may favour its taking root in the current situation. The European project of political unification needs to be re-emphasized, finding the way to a European collective identity, not contrasted with but alongside the different national identities, referring to loyalty and shared commitment to a whole collection of cultural values: fundamental human rights, civil liberties, democratic political institutions, rule of law, freedom of movement of people, goods and capital, social justice and non-violent resolution of conflicts.

Ali Masyhar

Undang-Undang Terorisme yang berlaku saat ini merupakan undang-undang yang relatif sudah lama. Undang-Undang ini lahir ketika terjadi peledakan Bom Bali 12 Oktober 2002. Usulan revisi Undang-Undang Terorisme ini menguat setiap kali terjadi aksi teror di Indonesia. Secara yuridis formal, terdapat kekurangan-kekurangan yuridis dalam perumusan Undang-Undang Terorisme, namun usulan revisi dari pemerintah tidak menyangkut secara konkrit kekurangan yuridis tersebut. Usulan revisi umumnya terkait dengan penambahan jangka waktu penangkapan dan penahanan. Beberapa usulan sudah dapat dicover dalam rumusan Undang-Undang Terorisme tersebut, sehingga urgensinya masih perlu dielaborasi lebih jauh.

Frederick W. Lindahl, Hannu Schadewitz

A. Andrés, S. Asongu

H. Siry