Hasil untuk "Civil law"

Joshi Jay Kumar, Pandey Abhishek

This study compares countries with common law with countries with civil law systems and investigates the possibility of predicting legal systems using artificial neural networks (ANNs). The OLS model, ANOVA, ANN, and Tensor Flow are used in the research to analyze the data. The goal is to find out how board characteristics and country legislative frameworks affect how European corporations disclose their social performance. The performance of a hidden layer with five nodes is best, according to the ANN model. The model’s accuracy throughout testing and validation is 0.750. The confusion matrix shows that, of the four observations in the test set, three were correctly categorized as “Civil law” and one was incorrectly categorized as “Common law.”

Mahdi Nadi, Seyyed Hossein Fallahzadeh, Mohsen Alviri

Human beings are social creatures, and their social life necessitates civil laws, which are partly derived from human reason and partly from divine revelation. The stories in the Quran, aimed at imparting lessons and playing a role in civilization-building, fulfill the second part of this necessity. This research, organized using a descriptive-analytical method, seeks to extract the civilization-building strategies of the Quran based on the story of Prophet Yusuf (Joseph). According to the findings of this study, the civilizational strategies in Surah Yusuf can be identified in three main areas: strategies for self and family education, and political management of society. These three areas include the following: 1. Self and Family Education Strategies   - Depicting the role of life   - Concealing secrets   - Resorting to and trusting in God   - Trustworthiness   - Patience and piety 2. Family Strategies   - Love and affection among family members   - Patience with children's adversities   - Not considering physical ability as a criterion for superiority   - Forgiveness and leniency. 3. Political Management Strategies   - Meritocracy   - Social justice   - Foreign relations with an economic focus   - Selection system of officials   - Centrality of law. Accordingly, the components of a civilized society include self-made citizens possessing moral and human virtues, patience in family and social interactions, deep compassion and connection, free from prejudices, and conducive to a civilized, devout city based on monotheism and its centrality. Additionally, the ruler of such a society is the outcome of the votes of these citizens, and the officials of that government are specialists, committed, and trustworthy individuals selected based on meritocracy. The governance is based on divine laws, and traitors are punished with justice and fairness.

Ekaterina Lesnyak, Tabea Belkot, Johannes Hurka et al.

The heat transition is a central pillar of the energy transition, aiming to decarbonize and improve the energy efficiency of the heat supply in both the private and industrial sectors. On the one hand, this is achieved by substituting fossil fuels with renewable energy. On the other hand, it involves reducing overall heat consumption and associated transmission and ventilation losses. In addition to refurbishment, digitalization contributes significantly. Despite substantial research on Digital Twins (DTs) for heat transition at different scales, a cross-scale perspective on heat optimization still needs to be developed. In response to this research gap, the present study examines four instances of applied DTs across various scales: building, campus, neighborhood, and urban. The study compares their objectives and conceptual frameworks while also identifying common challenges and potential synergies. The study’s findings indicate that all DT scales face similar data-related challenges, such as gathering, ownership, connectivity, and reliability. Also, hierarchical synergy is identified among the DTs, implying the need for collaboration and exchange. In response to this, the “Wärmewende” data platform, whose objectives and concepts are presented in the paper, promotes research data and knowledge exchange with internal and external stakeholders.

Imam Sanusi, Dominikus Rato, Dyah Octhorina Susanti

Every human being is born with their own diversity and uniqueness, some have differences called special needs. Many people out there view that a person who is born with special needs is called an imperfect human or is commonly called a cripple. Normative legal research is used in this study to find solutions to the legal position of heirs of people with mental disabilities. The approach used is a statutory approach and a conceptual approach to the authority of guardians, inheritance management, and the rights of people with mental disabilities. People who have mental disorders or disabilities when faced with legal problems, in this case regarding the matter of inheritance, they cannot take/perform legal actions themselves. Even though he is in a state of being unable to carry out legal actions independently, he is still referred to as a legal subject. By recognizing persons with mental disabilities as legal subjects, they are included in legal subjects who are incompetent and can be assisted by guardians to receive inheritance. Keywords : Inheritance, Mental Disability, Empowerment

Bertold Baranyi

More than twenty years have passed since Hungarian law recognised electronic documents with appropriate electronic signatures as equivalent to paper documents. In principle, this opened the way for electronic administration not only in civil law relationships but also in public authority procedures. Nevertheless, it took more than 15 years before the use of ICT tools became common practice in public administrations. Yet there was no shortage of legislation and budgetary resources. In this paper, I will examine – mainly by analysing the legal background and statistical data – how, after many years of partially or entirely fruitless attempts, electronic communication has become commonplace in legal procedures after 2018. In particular, I am looking for an answer to the question of whether lawyers and the professional chambers of the judiciary have constituted a critical mass in this, both literally and figuratively.

Latifatul Fajriyyah, Alfitri Alfitri

The validity of hearsay evidence remains a contentious issue in Indonesian civil procedural law, resulting in inconsistent judicial decisions regarding religious civil cases reliant on "hearsay witnesses." For instance, the Samarinda Religious Court accepted hearsay evidence in a marriage legalization case, while the Samarinda Religious High Court rejected it, citing the unsuitability of hearsay in contentious matters. This paper analyzes the judges' reasoning in these decisions to assess whether their considerations align with appropriate legal arguments and the principles of justice and legal certainty. Findings reveal that the Samarinda Religious Court's acceptance was based on exceptional circumstances surrounding the marriage event, whereas the High Court's rejection lacked clear legal justification. The evolving jurisprudence of procedural law in Indonesia offers opportunities to refine the application of hearsay evidence, ultimately enhancing the pursuit of justice and legal certainty for litigants.

Renzo Díaz Giunta

La pandemia causada por el COVID-19 ha sido un periodo devastador para la humanidad y sus derechos humanos. En especial, considerando que ha desencadenado diversos hechos que han incidido de forma negativa, concreta y directa en los derechos de los ciudadanos.  Por ello, en el presente artículo, el autor desarrolla el derecho a la salud, su importancia y la obligación que poseen todos los Estados de garantizar y proteger este derecho.  De manera más concreta, el autor analiza las implicancias que ha tenido la pandemia en el derecho a la salud de la población a nivel mundial. Además, explora los casos de Chile, Francia, España y Perú en la implementación del pasaporte sanitario. Siguiendo la línea anterior, analiza las recientes sentencias del Consejo Constitucional de Francia y del Tribunal Supremo de España, donde evalúan la constitucionalidad del pasaporte sanitario. Por último, desde la óptica de los estándares de derecho constitucional generales que comparten los sistemas jurídicos, el autor analiza la constitucionalidad del pasaporte sanitario.

Surya Hartarto Purwowibowo

A notary of social institutions are in indonesia, of the needs arising from desires evidence any law keperdataan among mereka.akta authentic can result in dispute, so we needed evidence any written in the form of photocopies minuta and testimony a notary certificate. A notary can be checked as the officials who makes a covenant. Investigators, the public prosecutor and the judge called a notary and received a photocopy of certificate minuta. The legal status of the notary is as the manager of a mandate from the minister of justice and human rights in giving approval or rejection to be examined by a notary, investigators prosecutors and judges in the judiciary and the copy of deed minuta used as evidence a related reports of one party. The legal status is a situation when a party considered eligible to apply for dispute resolution. The decision made the honor notary can be sued by a notary in judicial administrative as there are two decisions that court decisions administrative number 21/G/2017/PTUN.SBY and 24/G/2017/PTUN.SBY. An authentic deed load in accordance with the will of the parties. Formal to make clear the notarial deed and earnest perceptible by the parties with read it. Notaries should not leave due examination are responsible for a notary is an expression of truth when. certificateThe need for inspection by the notary of a notary can be sued in state administrative courts cause kekabuaran meaning administrative officials.

Ilić Tamara

During the 5th and 6th centuries a significant change occurred in the nature of defensor civitatis, in line with the social and political context. After the reign of Emperor Justinian I, the competences of the defensor decreased. In cities, bishops took over tasks previously carried out by the defensores, a probable consequence being the disappearance of ekdikoi from administration and civil law, believed to have occurred in the 6th and 7th centuries. The conclusions of this study support the thesis that the ekdikoi functioned in the Eastern Roman Empire as late as in the 8th century, and in some forms until the 9th century. In some parts of the Empire the ekdikoi acted until the early 10th century, which was proven by the discovery of the Cherson seals. The methods used are linguistic interpretation of middle-Byzantine legal codes and comparative-historical method based on identification of Byzantine adoptions of Roman provisions.

Ade Dia Andriyani, Dwi Suryahartati

The purpose of this study is to analyze the form of legal protection of batik motif copyright in Jambi City, to find out the obstacles in an effort to obtain the use of economic rights on batik motif copyright in Jambi City. The research method used is juridical empirical. Based on the results of the study, it can be stated that 1. The copyright law protects batik motifs, both those who have recorded or not, although it is hoped that the people of Jambi City can record it as a form of preventive legal protection if there is a dispute in the future. 2. Obstacles in an effort to get the benefits of economic rights on batik motif copyrights in the city of Jambi are the lack of knowledge of batik craftsmen on copyright, the recording of copyright is still lacking, coloring is carried out outside the city of Jambi, the lack of creativity of batik craftsmen in Jambi City the conclusion is the lack of knowledge and creativity of batik craftsmen in the city of Jambi resulted in frequent violations of plagiarism of batik motifs which harm the copyright holders of batik motifs in the city of Jambi. Abstrak Tujuan dari penelitian ini adalah untuk menganalisis bentuk perlindungan hukum hak cipta motif batik di Kota Jambi, Untuk mengetahui kendala dalam upaya untuk memperoleh pemanfaatan hak ekonomi atas Hak Cipta motif batik di Kota Jambi. Metode penelitian yang digunakan adalah yuridis empiris. Berdasarkan hasil penelitian dapat dinyatakan bahwa 1. Undang-undang hak cipta melindungi motif batik baik yang telah melakukan pencatatan ataupun tidak meski begitu diharapkan masyarakat kota jambi dapat melakukan pencatatan sebagai bentuk perlindungan hukum preventif jika terdapat sengkta di kemudian hari. 2. Kendala dalam upaya untuk mendapatkan manfaatan hak ekonomi atas hak cipta motif batik di kota jambi adalah kurangnya pengetahuan pengrajin batik terhadap hak cipta, pencatatan hak cipta masih kurang, pewarnaan yang dilakukan diluar kota jambi, kurangnya kreatifitas pengrajin batik di kota Jambi. kesimpulan kurangnya pengetahuan dan kreatifitas pengrajin batik di kota jambi mengakibatkan sering dijumpainya pelanggaran plagiasi motif batik yang merugikan pemegang hak cipta motif batik di kota Jambi.  

Agnieszka Dąbrowska

The purpose of the paper is to discuss the problems arising from the application of sub-clause 20.1 of the FIDIC contract templates in the civil and common law countries. For these considerations, the author chose the red and yellow book editions of 1999 in unmodified versions. The paper tries to determine whether it is possible to implement the sub-clause in their original wording in the above-mentioned legal systems. Another aspect under the scrutiny of the author is the legal nature of provisions of 20.1 sub-clause which concern, in particular, the issues related to the 28-day deadline for filing a claim and releasing the contracting authority from the obligation to provide compensation as a result of the Contractor's failure to meet the indicated deadline. The research was conducted using the legal-comparative method. With regard to the civil law system, the analysis concerned the compliance of the sub-clause provisions with mandatory standards, in particular Article 119 of the Civil Code, and Article 353¹ in conjunction with Article 58 of the Civil Code. When it comes to the common law jurisdiction, the study concerned the consequences of failure to comply with the obligation imposed by the sub-clause on the Contractor in the light of the prevention principle and on the basis of praemia that law does not arise from injustice. As a result of the conducted research, it was found that sub-clause 20.1 of the FIDIC contract terms requires prior modifications both in civil and common law countries and adaptation to the requirements of the law in force in the country in which it is to be implemented.

Jelinić Zvonimir

In this paper the author discusses the various ways of utilizing legal tech within the systems of civil justice. Some well-known legal tech platforms are put into the context of the efforts of the Croatian and Serbian governments to increase the overall efficiency of their justice systems, with the aid of computerization and the introduction of modern information technologies in the area of procedural law, as well as other areas of law. The core thesis of the paper is that the implementation of various advanced software solutions can make our justice systems more efficient, open and user-friendly for certain types of commercial, civil and consumer disputes, as well as quicker in administering and processing low value claims. Altogether, if properly employed, legal tech can contribute to justice system reform and help with restoring citizens' and businesses' confidence in the legal system. It is envisaged that once they become fully functional, the new technologies and robot systems will create pressure on law firms and law practitioners. It is reasonable to expect that lawyers will have to transform their current model of business, accept the postulates of modern legal service markets and reform their ethical rules, all in order to keep pace with the rapid development of technology and the omnipresent changes in the business environment and consumer behavior that can be easily detected and tracked all over the developed parts of the world.

Igor Raatz

This essay aims to unveil the role of the substantial exceptions on delimiting the powers of the judges on civil procedural law, especially regarding the ex officio judicial activity. This way, under a phenomenological method and based on a vision of guarantee of rights on procedural law, the article offers a brief explanation of the question concerning the content of the object under litigation and its role of (de)limiting the powers of the judges. The work hypothesis is the addition of the substantial exceptions among the content of the object under litigation, along with the claim itself and the cause of action. The results lie on the premise that, by the substantial exceptions, the defendant extends the object under litigation – which is formed dynamically on civil procedure. The conclusion points towards the idea that the substantial exceptions act in a way of limiting the ex officio judicial activity on civil procedural law.

Sergey N. Shevchenko

In this article the Author analyzes various approaches to the definition of the notaries in the legal science of the Russian Federation: definition of the notary as organ systems and how collectively notarial acts. Proves the fallacy of the position of the individual authors of administratively identifying the notaries to the system of law enforcement and supports the view of experts of civil law on the attribution of notaries to authorities undisputed civil jurisdiction. Based on the above, the Author proposes the definition of a notary.

N. A. Rezina, L. V. Ivanova

The article focuses on improving civil legislation after the adoption of the Federal law No. 42 dated March 8, 2015. The authors analyze the issue of recovery of interests for using another person’s financial resources.

A. I. Gatin

Objective: to formulate the author’s definition of the notion of federally owned landsite, as an object of disposition right. Methods: historical, formal-logical, comparative-legal, dialectic, systemic-structural analysis of legal phenomena. Results: basing on the multi-sided analysis of various scientific views accepted in the civil law theory, the research of correlation was carried out between such categories as “object of legal regulation”, “object of civil legal relationship”, “object of subjective civil law” and “object of civil rights” referring to the category “federal land site”; features and specifics are revealed for federal land site as an object of real estate; features of legal regime of federal land site are stated; federal land site is defined as an object of disposition right. Scientific novelty: features of federal land site as an object of disposition right and its legal regime are explained. It is proved that possibility to implement the disposition right by the state depends on the legal regime of federal land site. Reasons are given that the specifics of civil-legal regime of federal land site as an object of disposition right consists in the fact that while implementing the disposition right the owner state solves public problems connected with using these lands. The author’s definition of federal land site as an object of disposition right is presented. Practical value: Results of the research should be used, first of all, in educational process, while studying the course “Civil Law” (general part); secondly, in law-enforcement practice when solving the disputes connected with the mechanisms of federal land sites disposition.

Aldo Fabrizio Modica Bareiro

En el presente trabajo veremos de que manera se encuentra regulada en la legislación autoral paraguaya la acción indemnizatoria. Si bien la ley establece que las demandas relativas a los derechos de autor se regirán por las disposiciones del proceso de conocimiento ordinario, en la acción por indemnización nuestro máximo tribunal entendió que debe seguirse las reglas del juicio ordinario[2], ya que por su naturaleza se requiere un marco procesal amplio, donde puedan probarse los hechos sin las limitaciones impuestas a los juicios sumarios relativas a los plazos y el tipo de pruebas que pueden presentarse.

Miroslav Vrhovsek

And, in conclusion. Writing an academic paper represent an integral part of the scientific call and is one of the most difficult calls. Search the whole man, engaged all his thoughts, mental and physical strength. At the same time, should bear in mind, that creativity provides joy, and especially scientific research and writing. Bearing in mind the beautiful thoughts of the call of scientists, we think that this call must be deserved, and this is possible only by persistent and consistent scientific research on a certain topic performed by persons who showed talent and interest during the studies in dealing with the scientific work. Old and well-known truth that nothing is created without the diligence and persistence: every great scientific work is the result of personal gift, inspiration, creative verve as well as intensive work, diligent and exceptional effort; great and long-term thinking, from the selection of topics, work-plan, introduction and development of conclusions. Presented conclusion is confirmed with Schopenhauer the differentiation of three types of writers: first that are largest group, writes without thinking: by memory, rewrite directly from others’ books; second group, who are frequent, think while write, they think „they could write“; and the third group, that are rare, they thought before they started to write; they have something to pass on to readers, some experience, a thought. Real writer tends to fall in the last category.

Kateřina Ronovská

The current Czech law and the Dutch legal regulation, could be said, contain two different approaches with respect of the regulation of the internal governance of associations. In the Czech Republic, the Act no. 83/1990 Coll., on Association of Citizens leaves the issue of the internal organisation of associations up to their articles, merely specifying that the information about the bodies forms is an essential element of articles of association. It provides that, at the time of establishment, the minimum internal organisational structure of an association needs to be specified with respect of the purpose of a particular association.

Juan José Cerdeira