Hasil untuk "Civil law"

D. Vogel

Jeffrey R. Lax, J. Phillips

S. Merry

R. K. Ndiyun, R. M. Mukonza

Objective: to study the innovative transformations in the field of e-Governance introduced into Cameroon’s civil registration system during the 2024 legislative reforms. The focus is on assessing the impact of these transformations on improving governance efficiency, transparency, accessibility of services for citizens, as well as improving statistical accounting of vital events.Methods: the work uses general scientific methods of analysis and synthesis, classification, systematic and functional approaches, as well as formal legal and comparative legal methods. Results: the research shows that measures like introduction of electronic declaration of civil status acts, creation of a national database and transition to electronic certificates can dramatically improve the efficiency and accessibility of services for the population. However, the authors emphasize that the successful implementation of digital innovations requires overcoming significant barriers, such as insufficient technological equipment, limited Internet access, and low digital literacy of citizens. These challenges make it necessary to develop additional regulatory and support mechanisms. Particularly important is the balance between digitalization and ensuring the rights of citizens in the context of electronic registration.Scientific novelty: the work provides unique empirical data on digitalization of public services in Cameroon. This is especially important for the countries of the global South, where such transformations are slow and fragmentary. The study makes a significant contribution to the scientific debate by expanding understanding of digital technology adoption models through the lens of expected usefulness and perceived ease of use in developing countries.Practical significance: recommendations for legislators, government officials and other stakeholders were developed. The authors emphasize the need to adopt a regulatory framework as soon as possible, introduce educational programs for employees and citizens, and ensure access to digital technologies. These measures aim at creating a sustainable infrastructure for an effective transition to electronic systems and improving the quality of public services. The work contributes to the study of public governance digitalization, offering both theoretical concepts and practical solutions that can be adapted for other countries with similar challenges.

Javad Hosseinzadeh, Hossein Qahari

After the issuance of Supreme Court’s decision No. 847-25/2/1403, some legal scholars have argued that the “interest of the client” is a fact rather than a law, and that this decision represents an encroachment by the general board of supreme court into the realm of “fact.” Since this critique is not new and has been raised in numerous previous decisions, this article seeks to answer the following questions: Is it possible to distinguish between fact dispute and law dispute? What is the criterion for recognizing the supreme Court’s supervisory jurisdiction over the decision of the inferior court? French legal scholars assert that distinguishing between the law and the facts in a court’s verdict is difficult, and it is not always clear whether the disagreement between two authorities pertains to the adjustment of the law or the interpretation of the facts. The correct measure is to separate legal description from judicial interpretation. Therefore, if the disagreement between courts pertains to the legal description of an event, issuing a decision by the general board is possible. However, if the disagreement concerns the personal interpretation of an event by the judge, the involvement of the general board of the supreme court faces a limitation. Based on this standard, the “welfare of the client” is an interpretive matter and falls within the subjective understanding of the judge. Consequently, any intervention in this matter is outside the jurisdiction of the General board of the Supreme Court.

M. Gillis

Women play many roles in peace, security, conflict and disarmament. As civilians, their lives are often dramatically altered, their livelihoods and their rights imperiled, by conflict. As mothers and caregivers, they are often left to head households under harsh, sometimes unlivable, conditions. As breadwinners, they sometimes engage in the illicit trade of arms. As soldiers, they serve many functions, from combatants to cooks. As parliamentarians, they enact laws on security and arms-control policy. As civil society activists, they lobby Governments to increase security and build peace.

Mihai-Adrian DAMIAN

The way in which personal protection measures are regulated by civil law reflects in all legal systems the degree of concern of the state power to provide the necessary legal framework so that persons who are vulnerable for various reasons can take part in the civil circuit without being prejudiced. Guardianship and curatorship, together with protective measures regulated by special laws, are part of a broader normative framework through which the legislator aims to protect the person as the subject of legal relations of any kind. The desire to protect persons under its jurisdiction is the main purpose of the legislative function for the democratic state organization.

Fandy Yusuf Tri Devid, M. Hosen, Faizah Bafadhal

 Online buying and selling transactions are basically the same as buying and selling in person, the difference is the media used. Internet media makes buying and selling online more effective and efficient. Buying and selling pets online is one of the choices in using transactions through the world of the internet. The purpose of this research is to identify and analyze legal protection for consumers in online pet buying and selling transactions in Jambi City and to find out and analyze what legal remedies can be taken by consumers if their rights are harmed in online pet buying and selling transactions in Jambi City. The research method used in this thesis is a type of empirical juridical research, the nature of the research in this thesis is descriptive research, the data used consists of primary data and secondary data, the data collection method used is field study and library research, the data collection tools are carried out namely the study of documents and interview guidelines, and the analysis of the data used in writing this thesis is a qualitative analysis. The results of this study indicate that consumers in buying and selling pets online in Jambi City have legal protection which is explained in the Consumer Protection Act. Consumers whose rights have been impaired can also make efforts to get their rights back through BPSK or LPKNI. Several Internet media in the form of applications have also provided complaint services on their applications so that consumers can seek their rights which have been harmed by business actors. But only certain applications.

Ramón González Rodríguez

In this paper we introduce the notion of $a$-monoidal distributive law between two Hopf quasigroups $A$ and $H$. We prove that every $a$-monoidal distributive law induce a product on $A\otimes H$, called the wreath product, thanks to which $A\otimes H$ becomes in a Hopf quasigroup. Finally, using this construction, we show that double cross products of Hopf quasigroups, cross products of Hopf quasigroups with a skew pairing between them, Hopf quasigroups defined by the twisted double method, smash products of Hopf quasigroups and twisted smash products of Hopf quasigroups are examples of wreath products associated to $a$-monoidal distributive laws.

Samantha L. Garza, Jessica K. Werk, Trystyn A. M. Berg et al.

This paper investigates C IV absorption in the circumgalactic medium (CGM) of L* galaxies and its relationship with galaxy star formation rates. We present new observations from the C IV in L* survey (CIViL*; PID$\#$17076) using the Hubble Space Telescope/Cosmic Origins Spectrograph. By combining these measurements with archival C IV data (46 observations total), we estimate detection fractions for star-forming (sSFR $>$ 10$^{-11}$ yr$^{-1}$) and passive galaxies (sSFR $\leq$ 10$^{-11}$ yr$^{-1}$) to be 72$_{-18}^{+14}$\% [21/29] and 23$_{-15}^{+27}$\% [3/13], respectively. This indicates a significant dichotomy in C IV presence between L* star-forming and passive galaxies, with over 99% confidence. This finding aligns with Tumlinson et al. (2011), which noted a similar dichotomy in O VI absorption. Our results imply a substantial carbon reservoir in the CGM of L* galaxies, suggesting a minimum carbon mass of $\gtrsim$ 3.03 $\times$ 10$^{6}$ M$_{\odot}$ out to 120 kpc. Together, these findings highlight a strong connection between star formation in galaxies and the state of their CGM, providing insight into the mechanisms governing galaxy evolution.

Stanojlović Vukašin

The right to use is a personal servitude, which authorizes the holder to use the property within the limits of their needs. According to the Roman classification, it is personal servitude, together with the right of ususfructus, free housing and use of the work of someone else's slave or animal. Formed in post-classical Roman law, with minor changes, the institute was absorbed into Serbian medieval law, and subsequently, in the mid-19th century, into the Civil Code of the Principality of Serbia. Servitude is also recognized in the law of the Republic of Serbia. The dilemmas concerning the scope of rights - whether the holder acquires fruits or can transfer the right to another - gave headaches to both Roman jurisprudents and jurists today. An interpretation by the Commercial Court of Appeal, regarding a question about the abovementioned controversies, posed by a lower court, has highlighted the problems regarding the institute.

Evgeniy A. Gunaev

Introduction. The article deals with some key stages and patterns of administrative governance sequentially adopted for Kalmyk Steppe of Astrakhan Governorate in the early-to-mid nineteenth century. This very period was witnessing the integration and incorporation of Kalmyk Steppe into Russia’s administrative system, though some ethnos-specific governance elements would still be retained. The related historiography contains no explicit data as to certain governance stages (and patterns) characterized by corresponding qualitative changes. Results. The paper examines the publication titled ‘Ministry of State Property over the Fifty Years, 1837–1887: A Historical Review’ (Pt. 2: Protectorship. Land Affairs) for provisions pertaining to the governance system in Kalmyk Steppe. According to the document, efforts of the Russian Government across Kalmyk Steppe in the early-to-mid nineteenth century were primarily aimed at: 1) interacting with ethnic elites, endowing the latter with certain rights and privileges, involving them into the imperial power hierarchy at regional and local levels; 2) introducing (step by step) imperial legislative and court practices (common-law norms remain in force at lower levels for civil circulation); 3) laying foundations of imperial financial and tax policies (given that local elites would retain their original privileges). Conclusions. Our insights into opinions and viewpoints of contemporary researchers have identified a number of distinct features inherent to the shaping and functioning of the administrative governance system in early-to-mid nineteenth century Kalmyk Steppe. So, the early nineteenth century namestnichestvo was essentially rather that of the late eighteenth century. At the same time, pristavstvo should be viewed only as a milestone towards popechitelstvo. In general, the three can still be considered as individual governance patterns — with differing governance objects. However, the basis was compiled from supervision and wardship, and preservation of some ethnic governance traditions.

Negha Senthil, Jayanthi Vajiram, Nirmala. V

The misuse of law by women in India is a serious issue that has been receiving increased attention in recent years. In India, women are often discriminated against and are not provided with equal rights and opportunities, leading to a gender bias in many aspects of life. This gender bias is further exacerbated by the misuse of law by women. There are numerous instances of women using the law to their advantage, often at the expense of men. This practice is not only unethical but also unconstitutional. The Indian Constitution does not explicitly guarantee gender equality. However, several amendments have been made to the Constitution to ensure that women are treated equally in accordance with the law. The protection of women from all forms of discrimination is considered a fundamental right. Despite this, women continue to be discriminated against in various spheres of life, including marriage, education, employment and other areas. The misuse of law by women in India is primarily seen in cases of domestic violence and dowry-related issues and are punishable by law. However, women often file false dowry harassment cases against their husbands or in-laws in order to gain an advantage in a divorce or property dispute.

Sungkon Chang, Steven J. Miller

In the literature, Benford's Law is considered for base-b expansions where b>1 is an integer. In this paper, we investigate the distribution of leading "digits" of a sequence of positive integers under other expansions such as Zeckendorf expansion, and declare what Benford's Law should be under generalized Zeckendorf expansion.

Ryan R. Keogh, Timofey Kozhukhov, Kristian Thijssen et al.

While bacterial swarms can exhibit active turbulence in vacant spaces, they naturally inhabit crowded environments. We numerically show that driving disorderly active fluids through porous media enhances Darcy's law. While purely active flows average to zero flux, hybrid active/driven flows display greater drift than pure-driven fluids. This enhancement is non-monotonic with activity, leading to an optimal activity to maximize flow rate. We incorporate the active contribution into an active Darcy's law, which may serve to help understand anomalous transport of swarming in porous media.

K. Dupuy, James Ron, A. Prakash

S. Desan

List of Illustrations Acknowledgments Introduction 1. Freedom of the Heart--Men and Women Critique Marriage 2. The Political Power of Love--Marriage, Regeneration, and Citizenship 3. Broken Bonds--The Revolutionary Practice of Divorce 4. "War between Brothers and Sisters"--Egalitarian Inheritance and Gender Politics 5. Natural Children, Abandoned Mothers, and Emancipated Fathers--Illegitimacy and Unwed Motherhood 6. What Makes a Father?--Illegitimacy and Paternity from the Year II to the Civil Code 7. Reconstituting the Social after the Terror--The Backlash against Family Innovations 8. The Genesis of the Civil Code Conclusion Appendix I: Communes in the Calvados Studied for Cases of Divorce Appendix II: Chronology of Revolutionary Family Laws Note on Archival Sources Abbreviations Notes Index

Denis E. Matytsin, Yelena S. Petrenko, Nadezhda K. Saveleva

The motivation for this study was a new context associated with the increased cyclical nature of the economy and, accordingly, the increased financial risks of the business, which complicated the implementation of corporate social responsibility. The purpose of the article is to explore the relationship of corporate social responsibility with the financial risks of the business and explain this relationship in terms of sustainable development (SDGs). The article contributes to the development of the concept of financial risks of the business by clarifying their connection with corporate social responsibility and substantiating the relationship between the financial risks of the business. Structural equation modeling (SEM) showed that in 2020–2021, financial risks have demonstrated a complex (in most cases negative) relationship with each other and a contradictory impact on corporate social responsibility. The complex systemic relationship between corporate social responsibility and financial risks of business from the point of view of sustainable development is substantiated. In the context of increased financial risks, by systematically implementing SDGs 8, 9, 11, and 12, responsible companies get the opportunity to restore and improve their position in the market. The significance of the findings for businesses is that they proposed the SDGs as a promising new benchmark for business financial risk management. This will allow responsible companies to find a new Pareto optimum in the current conditions of uncertainty and determine for themselves the preferred level of corporate social responsibility that contributes to the effective financial risks of business management in the long term.

Y. T. Albert Law, Klaas Parmentier

When computing the ideal gas thermal canonical partition function for a scalar outside a black hole horizon, one encounters the divergent single-particle density of states (DOS) due to the continuous nature of the normal mode spectrum. Recasting the Lorentzian field equation into an effective 1D scattering problem, we argue that the scattering phases encode non-trivial information about the DOS and can be extracted by "renormalizing" the DOS with respect to a reference. This defines a renormalized free energy up to an arbitrary additive constant. Interestingly, the 1-loop Euclidean path integral, as computed by the Denef-Hartnoll-Sachdev formula, fixes the reference free energy to be that on a Rindler space, and the renormalized DOS captures the quasinormal modes for the scalar. We support these claims with the examples of scalars on static BTZ, Nariai black holes and the de Sitter static patch. For black holes in asymptotically flat space, the renormalized DOS is captured by the phase of the transmission coefficient whose magnitude squared is the greybody factor. We comment on possible connections with recent works from an algebraic point of view.

Yang Wang, Sivakumar V. Mambakkam, Yue-Xin Huang et al.

Interfacing topological insulators (TIs) with magnetic insulators (MIs) has been widely used to study the interaction between topological surface states and magnetism. Previous transport studies typically interpret the suppression of weak antilocalization or appearance of the anomalous Hall effect as signatures of magnetic proximity effect (MPE) imposed to TIs. Here, we report the observation of nonlinear planar Hall effect (NPHE) in Bi2Se3 films grown on MI thulium and yttrium iron garnet (TmIG and YIG) substrates, which is an order of magnitude larger than that in Bi2Se3 grown on nonmagnetic gadolinium gallium garnet (GGG) substrate. The nonlinear Hall resistance in TmIG/Bi2Se3 depends linearly on the external magnetic field, while that in YIG/Bi2Se3 exhibits an extra hysteresis loop around zero field. The magnitude of the NPHE is found to scale inversely with carrier density. We speculate the observed NPHE is related to the MPE-induced exchange gap opening and out-of-plane spin textures in the TI surface states, which may be used as an alternative transport signature of the MPE in MI/TI heterostructures.