Hasil untuk "Civil law"

Soyoung Baik

From the winter of 2024 through the spring of 2025, public plazas in Seoul, particularly Yeouido and Gwanghwamun, became major sites of anti-martial law political mobilization. A striking feature of these protests was the visible leadership and participation of young women, who transformed civil resistance into a festive and affective form of collective action through cheering sticks and performative solidarity. The main driving force behind the political mobilization of young women was the increased influence of feminism after the “feminism reboot” in Korea since 2016. During the civil resistance, they were also active in solidarity with various minorities. The resistance was successful, and Korea has regained the order of a democratic society. However, young women who had experienced autonomous protest and mutual solidarity found themselves, upon returning to their everyday lives, still facing the remaining task of struggling against patriarchal cultures and institutions. Among them, Christian women confronted an even more inhospitable sphere—that of the Korean Protestant church, which remains largely constrained by patriarchal norms, a Christian–Confucian mixture. A representative example is the emphasis on “women’s calling” based on fundamentalist/sexist readings of the Bible. The huge gap between current social change and the church situation is reflected in the recent phenomenon of many young female Christians’ de-churching. In confronting the incongruous realities of young Christian women, this study seeks to provide an ethico-theological basis for a feminist reinterpretation of the Protestant concept of “calling”. After analyzing the social/existential topos of young Korean Christian women in the recent Korean context, this work considers a feminist reinterpretation of the “creation order” and “calling” in the process of an intersubjective dialog between the Bible and pre-patriarchal Korean cultural resources of “Mago-affiliated” myth, <i>Seolmundaehalmang</i> (the Great Grandmother Seolmun) narratives in particular. By providing sociological, ethical, and theological resources to construct new norms of “calling”, this research contributes to enabling young Christian women in Korea to overcome their existential fragmentation and to seek forms of women’s calling that are attuned to their historical moment and identity.

Riyanta, Agus Moh. Najib, Ahmad Bahiej et al.

The Supreme Court of Indonesia has granted portions of inheritance to non-Muslim relatives through the legal mechanism of wasiat wājibah (obligatory will), based on considerations of propriety and limited to no more than one-third of the estate. This article examines how the Supreme Court establishes the legal basis, rationale, and relevance of applying wasiat wājibah to non-Muslim relatives, and how this practice contributes to the reform of Islamic inheritance law in Indonesia. The study employs a normative legal research method with a case based approach. The findings reveal that the Supreme Court’s decisions to award wasiat wājibah to non-Muslim relatives represent a form of judicial innovation aimed at achieving maslahah (public benefit) among heirs. However, the application of wasiat wājibah remains case-specific, determined by the perceived benefit within the personal relationship between a Muslim testator and their non-Muslim relatives. These rulings hold significant relevance for the reform of Islamic inheritance law in Indonesia. First, conceptually, Islamic inheritance law falls under the domain of mu‘āmalah (civil transactions), which allows for reinterpretation and contextualization based on local realities. Second, the implementation of wasiat wājibah reflects a constructive response to the evolving social and legal dynamics of Indonesia’s pluralistic society.

Jacek Grela

The Polish legal system, despite the fact that it consists of a number of separate branches, in many situations these fields intermingle. The crux of the problem lies in the possibility of using legal institutions by a particular branch of law, systemically assigned to another of them. The conducted interpretation of Article 46 1 of the Criminal Code and the analysis of the statements of the science of law and the judicature lead to the conclusion that the concept of „application of civil law” on the grounds of this regulation is not limited to only a few provisions of the Civil Code, but orders to take into account a wide variety of legal solutions. In addition, the current construction of the compensation measure in question leads to the thesis that criminal courts should fully and definitively adjudicate on the obligation to repair the damage caused by the crime or to compensate for the harm suffered.

Lully Tiyas Junita

Copyright is an exclusive right that arises automatically based on declarative principles after the creation is in real or visualized form. Legal protection for songwriters is regulated in Law Number 28 of 2014 concerning Copyright. This research covers two main problems. First one, how is the implementation of copyright infringement on the song "Lagi Syantik" which is sung without permission from the copyright holder? The second, how is the legal protection of authors for songs whose lyrics have been changed without the permission of the copyright holders? This paper uses normative juridical research. This research uses 2 types of approaches, such as the statute approach and the case approach. The result of the research were the cover version of the song is not a prohibited activity if it is carried out based on applicable legal regulations and legal protection for copyright holders is regulated in the Copyright Law, Criminal Law, and Civil Law.

Osborne SR, Cockburn T, Davis J

Sonya R Osborne,1 Tina Cockburn,2 Juliet Davis3 1School of Nursing and Midwifery, Faculty of Health, Engineering and Sciences, Centre for Health Research, Institute for Resilient Regions, University of Southern Queensland, Ipswich, Queensland, Australia; 2Australian Centre for Health Law Research, Faculty of Business and Law, Queensland University of Technology, Brisbane, Queensland, Australia; 3Griffith Criminology Institute, Griffith University, Mt Gravatt, Queensland, AustraliaCorrespondence: Sonya R OsborneSchool of Nursing and Midwifery, University of Southern Queensland, 11 Salisbury Road, Ipswich, Queensland, 4305, AustraliaTel +617 3812 6084Email Sonya.Osborne@usq.edu.auObjective(s): This study aimed to critically examine the circumstances contributing to, and the human costs arising from, the retention of surgical items through the lens of Australian case law.Design, Setting and Participants: We reviewed Australian cases from 1981 to 2018 to establish a pattern of antecedents and identify long-term patient impacts (human costs) of retained surgical items. We used a modified four-step process to conduct a systematic review of legal doctrine, combined with a narrative synthesis approach to bring the information together for understanding. We searched LexisNexis, AustLII, Coroner Court websites, Australian Health Practitioner Regulation Agency Tribunal Decisions and Panel Hearings, Civil and Administrative Tribunal summaries, and other online sources for publicly available civil cases, medical disciplinary cases, coronial cases, and criminal cases across all Australian jurisdictions.Results: Ten cases met the inclusion criteria, including one coronial case, three civil appeal cases, and six civil first instance cases. Time from item retention to discovery ranged from 12 days to 20 years, with surgical sponges the most frequently retained item. Five case reports indicated possible deviations from standard protocols regarding counting procedures and record-keeping. In the four cases that reported on count status, the count was deemed correct at the end of surgery. Case reports also showed the human costs of retained surgical items, that is, the long-term impacts on patients associated with a retained surgical item. In eight of the nine civil cases, ongoing pain was the most frequently reported physical symptom; in three cases, patients suffered psychosocial symptoms requiring treatment.Conclusion: While there was little uniformity in the items retained or how items came to be retained, we identified significant time delays between item retention and item discovery, coupled with long-lasting physical and psychosocial harms suffered by patients living with a retained surgical item. Current prevention strategies, including national standards-based professional practices, are not always effective in preventing retained surgical items. An internationally standardised taxonomy and reporting criteria, more consistent reporting, and open access to event and risk data could inform a more accurate global estimate of risk and incidence of this hospital-acquired complication.Keywords: unintended retained foreign object, retained surgical item, retained surgical instrument, retained surgical sponge, gossypiboma, sentinel event, adverse event

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Rita Ambarwati, Affandy Winarko Mudjib, Fita Fitria Lestariana et al.

This study examined the implications of the factors that shape good governance in a village government office in Sidoarjo. This study used a survey and a cross-section through a questionnaire as the data collection. The unit of analysis was the citizen who worked as a state civil apparatus and had used public services in a village government office. To determine the sample, the researchers used a simple random sampling. The data were analyzed using Structural Equation Modeling (SEM). The results show that the rule of law and responsiveness are dominant indicators to form good governance. However, transparency and good commitment are less dominant indicators in forming good governance. The practical implications of this research are useful for the local government as they need to increase the role of good governance in improving public service performance, especially for village service.

Roger Merino Acuña

Se considera al Derecho Comparado como una disciplina inserta en el estudio del Derecho, que se caracteriza por contrastar la normativa legal y el desarrollo jurídico de los distintos ordenamientos jurídicos existentes, bajo las mismas premisas. Asimismo, existe el Derecho Comparado Crítico, el cual hace un análisis más profundo sobre el desarrollo de los ordenamientos jurídicos según su contexto, dejando de ser una comparación superficial, como aquel que se da en el Sur Global. En el presente artículo, el autor analiza diversas bases teóricas propias del Derecho Comparado, así como los principales cuestionamientos de las teorías ortodoxas y heterodoxas relacionadas al texto. En especial el rol de la academia del Sur Global en esta disciplina.

Yuri E. Monastyrsky

INTRODUCTION. The proliferation of legislative, judicial and general administrative jurisdiction to Crimea in the spring of 2014 highlighted a number of new issues in the regulation of civil law relations in the international and local sphere that faced the courts in the Russian Federation, as well as the need to make adjustments to approaches related to the recognition of foreign state law acts and enforcement of foreign judgments. In the field of private international law, in addition to the mentioned, an understanding of the phenomenon of collision of various multi-national norms arose not in space, which is the central subject of this science, but in time.MATERIALS AND METHODS. The works of Russian and foreign authors are the material of the article. In this work historical, inductive, and comparative research methods were used.RESEARCH RESULTS. This article is on the subject of conflict of law’s regulation pertaining to the claims of losses, the right from the Crimea territory before and after its reunification with the Russian Federation on the 18th of March 2014. The author presents recommendations relating to legislative solutions and amendments to civil and criminal law regulation in line with consideration of judicial competence of national courts in the light of Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, signed on the 22nd January 1993 in Minsk by participants of CIS, as well Agreement on Settlement of Commercial Disputes of 20th of March 1992.DISCUSSION AND CONCLUSIONS. The author concludes that in view of coming the new jurisdiction in annexed Crimea the foreign elements that arose before this event disappear, and therefore it is necessary to be guided by its legal order in the absence of its regulation in question. The Anglo-Saxon concept of vested rights is not applicable in this exceptional case.

Patricia Cuenca Gómez

Resumen: El presente trabajo se centra en el análisis del Anteproyecto de reforma de la legislación civil española en materia de capacidad jurídica de las personas con discapacidad publicado recientemente por el Gobierno español. Su objetivo consiste en determinar la adecuación de las principales modificaciones planteadas en este anteproyecto a las exigencias del artículo 12 de la Convención Internacional sobre los Derechos de las Personas con Discapacidad tal y como han sido interpretadas por su Comité en la Observación General Nº1 Abstract: This paper focuses on the analysis of the prelimimary Draf Law of reform of the Spanish civil legislation on legal capacity of persons with disabilities, published by the Spanish Government on September 26th 2018. Its aim is to determine the conformity of the main modifications proposed in this preliminary Draft to the requirements of article 12 of the Conventionon the Rights of Persons with Disabilitiesas interpreted by its Committee in the General Comment Nº 1.

Guilherme Camargo Massaú

Carlos Edison do Rêgo Monteiro Filho

O presente artigo destina-se a tratar da questão do anistiado que, em sede administrativa, recebeu indenização por verbas laborais e, posteriormente, pleiteia o ressarcimento de danos extrapatrimoniais em juízo. Empreende a análise crítica das decisões do Superior Tribunal de Justiça e dos Tribunais Regionais Federais sobre o tema e propõe interpretação da Lei da Comissão da Anistia à luz da Constituição da República com o fito de assegurar a cumulação entre a reparação dos danos patrimoniais e morais.

A. Ashworth, Lucia Zedner

Yu. E. Monastyrsky

The article examines the legal implications of the Russia’s accession to the WTO. The differences in legal systems of Russia and WTO members raise the question of how to bring Russian law in line with the WTO conventions to protect intellectual property rights. In this case, it could be a law which would make amendments to the existing RF Civil Code reproducing the wording of the TRIPS Agreement or limit the application of the TRIPS to relations involving a foreign element. Alternatively, it will be directly applied by courts in priority to the Civil Code by virtue of Article 15 of the Constitution.

V. Chetail

R. Sullivan

E. Orucu

P. Thornberry

Alexander M. Bickel

A. Amar