scholarly journals The right of the overflown state to divert or intercept civil aircraft under a bomb threat: an analysis with regard to Ryanair flight 4978

2021 ◽  
Author(s):  
Mikko T. Huttunen
Keyword(s):  
Aviation Safety ◽  
Good Faith ◽  
Security Threats ◽  
Chicago Convention ◽  
Legal Regime ◽  
Civil Aircraft ◽  
The Right ◽  
General Perspective

AbstractThe purpose of this article is to discuss whether a state has a right to divert or intercept a foreign civil aircraft flying above its territory, when the aircraft is under a bomb threat. The analysis stems from the recent incident where a Ryanair passenger jet was diverted to Minsk while flying in Belarusian airspace; however, the article approaches the topic from a general perspective, analyzing the key applicable rules of international aviation safety and security law. The article argues that air sovereignty and national rules on aviation (the latter wherever such exist) provide states acting in good faith the right to divert or intercept foreign aircraft for security reasons. Meanwhile, Article 3 bis of the Chicago Convention does not recognize such a right. The right is also limited by international rules that oblige every state to assist aircraft in distress, as well as rules that emphasize the authority and responsibility of the pilot-in-command. Since mid-air interventions are so rare, the legality of states’ actions must be analyzed case-by-case. Regardless, the legal regime of international aviation does not allow states to respond to security threats in whatever way they please, especially if the threat is a mere pretext for politically motivated action.

scholarly journals Educating the Approaches to Intellectual Property as the Trends of Application of Subjective Good Faith in Russian Law

2020 ◽  
Vol 8 (3) ◽  
Author(s):  
Artem S. Vasilyev ◽  
Dmitry V. Murzin
Keyword(s):  
Civil Rights ◽  
Common Property ◽  
Good Faith ◽  
Legal Regime ◽  
Corporate Rights ◽  
Absolute Property ◽  
Russian Law ◽  
Definition Of ◽  
The Right ◽  
Legal Consequences

In Russian law, the term "good faith" ("good conscience") refers to different concepts: "honest practice" and "ignorance of the fact when such ignorance generates legal consequences." The article investigate the educational aspects of distinguishing objective and subjective good faith. The questions of application of the rules on subjective good faith to the relations arising in connection with the establishment, circulation and protection of civil rights are considered. The analysis of the content of the legal regime of objects of absolute property rights (things, property security, share in the right of common property, corporate rights) allowed us to conclude that the consideration of the rules on subjective good faith is a natural, necessary element of the legal regime of any object of civil turnover, and the real question is only the recognition of such an element of the legal regime by the rule of law and the definition of the features of its application.

Prestaţia compensatorie în Codul civil român

2021 ◽  
Vol 2021 (2021) ◽  
pp. 164-179
Author(s):  
Flavius Antoniu BAIAS ◽  
◽  
Stela STOICESCU ◽  
Keyword(s):  
Case Law ◽  
Social Utility ◽  
Legal Institution ◽  
Legal Regime ◽  
Procedural Law ◽  
The Social ◽  
Legal Nature ◽  
Legislative Framework ◽  
The Right ◽  
Compensatory Payment

This study aims to describe the legal regime of the compensatory payment, with reference to the legislative framework, the sources of inspiration of the regulation, as well as to the current national case-law in this matter, which confirms, by the large number of cases solved after the entry into force of the Civil Code, the social utility of this legal institution. On the basis of the case law examples provided, the authors analyze the legal nature of the compensatory allowance by distinguishing it from similar institutions – the maintenance obligation between ex-spouses or the right to compensation – the conditions to be fulfilled when granting compensatory payment, the criteria used to impose, modify or terminate the obligation, and the substantive and procedural law difficulties of these disputes.

scholarly journals The Basics of Good Faith and Good Intention in Land Purchase System in Indonesia

2020 ◽  
Vol 1 (4) ◽  
Author(s):  
Zaldi Pratama Bagus Putra
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Good Faith ◽  
Legal Certainty ◽  
Binding Force ◽  
Land Title ◽  
Good Intention ◽  
The Right ◽  
Legal Consequences ◽  
Legal Procedures

The legal consequences of the issuance of the land title certificate whose application is made by a party who is not the right holder / owner is legally flawed. Issuance of a legally invalid certificate and no binding force and cancellation by the court. The defendant obtains a parcel of land through an auction, the auction is proven by photocopies of the auction object certificate, according to Article 21 of the 2016 Bidding Guidelines that the registered land auction must include an original certificate, so The Defendant did not go through the correct legal procedures. For the issuance of a double certificate for the same land field, the buyer of the land field loses the ownership certificate that is purchased by another party as a buyer with good intentions, because it has been carried out in accordance with the correct legal procedure, which means that the purchaser's certificate is guaranteed legal certainty. Legal protection for the purchaser of good land rights, that the buyer as a buyer has good intentions, with the issuance of the HGB certificate Number 181 Village / Cicau Village covering an area of ​​26,700 m2 in the name of the Defendant, is impaired, so that legal protection provided to the Plaintiff is filing an objection to the issuance HGB certificate to the Land Office as a preventive legal protection. 

scholarly journals GOOD FAITH IN FRANCHISE CONTRACT

2020 ◽  
Vol 5 (19) ◽  
pp. 118-127
Author(s):  
Nurli Yaacob ◽  
Nasri Naiimi
Keyword(s):  
Common Law ◽  
Good Faith ◽  
Relational Contracts ◽  
Law System ◽  
Freedom Of Contract ◽  
Term Contract ◽  
The Common ◽  
Definition Of ◽  
The Right

Good faith has been defined as justice, fairness, reasonableness, decency, taking no chances, and so on. The concept of good faith has long been rooted in contract law under the jurisdiction of Civil law, although the definition of it is still debated until today. However, the view of the Common Law tradition does not recognize the concept of good faith as long as the contract is entered into with the freedom of contract and both parties abide by the terms of the contract. Given that a franchise contract involves a long-term contract and always been developed, it is impossible to define both rights and responsibilities base on express terms only. As such, the franchise contract gives the franchisor the right to exercise its discretion in executing the contract. It is in this context that the element of good faith is very important to ensure that the franchisor does not take advantage of the franchisee and that the business continues to prosper. Therefore, the objective of this article is to discuss the concept of good faith in a franchise contract. The findings show that the common law system that initially rejected the application of the concept of good faith also changed its approach and began to recognize the concept of good faith as it is very important for relational contracts such as franchise contracts.

scholarly journals Compensation for harm resulting from the usage of a building: Comparative analysis of Russian and Chinese law

2021 ◽  
Vol 12 (2) ◽  
pp. 455-476
Author(s):  
Evgeniy A. Erbakhaev ◽  
◽  
Maxim V. Kratenko ◽  
Keyword(s):  
Comparative Analysis ◽  
Residential Buildings ◽  
Third Party ◽  
Legal Regime ◽  
Republic Of China ◽  
Chinese Law ◽  
Liability Law ◽  
Special Rules ◽  
The Right ◽  
Roof Falling

The article examines the problem of compensation for harm caused in the process of using a building and structure. Attention is paid to the side of the defendant in relation to apartment buildings and non-residential buildings, the distribution of liability in the case of a plurality of tortfeasors, the regulation of third-party liability issues by the contract. A comparative analysis of the legislation of the Russian Federation and the People’s Republic of China regulating the liability of building’s owners (users) and contractors involved in the maintenance of a building as well as court practice is conducted. The choice of the Chinese legal system is due to the presence of special rules in Tort Liability Law of China (2009). According to the results of the study, the authors have formulated a number of proposals, in particular: to unify the legal regime for residential and non-residential buildings for the purposes of compensation for harm caused to third parties; to differentiate the liability for harm caused by the destruction of a building (its structural components) and damage due to items falling out from the building (snow or ice falling from the roof, falling advertising designs, objects being thrown out of the building, etc.), to allow the contractual regulation of owner’s liability provided that the victim is given the right to choose the defendant (the building’s owner or the maintenance company, the contractor involved). The authors also argue in favor of a codified act as a source of tort law, which will ensure consistent regulation of the studied relations.

scholarly journals THE PROBLEM OF DETERMINING THE LEGAL REGIME OF “DISPUTED” REAL ESTATE: THEORETICAL AND PRACTICAL ASPECTS

2021 ◽  
pp. 19-24
Author(s):  
N.A. Pronina ◽  
T.N. Platunova ◽  
S.O. Kostyakova
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Civil Law ◽  
Property Right ◽  
Legal Regime ◽  
Land Plot ◽  
Legal Definition ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article raises the following topical problems currently inherent in the institution of real estate in theRussian Federation: the unsuccessful legal definition of a real estate object, enshrined in Art. 131 of the CivilCode of the Russian Federation; qualification of objects as immovable and, accordingly, delimitation of themfrom movable ones; the emergence of objects with a controversial legal regime; the need to move from themodel of “plurality” to the model of “unity” of real estate objects. Also, the authors of this article analyzea number of approaches aimed at resolving the above problems and the possible consequences (both positiveand negative) of their implementation in practice, put forward their views and offer their own solutionto these problems. A variant of the legalization of “disputable” objects is proposed by introducing the rightof construction into the civil law of the Russian Federation as a limited property right to use a land plot withthe extension of this right to everything that is being built on such a land plot. The examples of legislativeregulation of the right to build in the civil law of pre-revolutionary Russia are considered, the elements of theright to build in the current law of the Russian Federation are revealed.

scholarly journals DID TECHNOLOGY IMPROVE SAFETY? AN EMPIRICAL STUDY OF CONTROLLED FLIGHT INTO TERRAIN ACCIDENTS

2015 ◽  
Vol 6 (1) ◽  
pp. 13-35 ◽  
Author(s):  
Cheng-Hua Yang ◽  
Alex
Keyword(s):  
Developed Countries ◽  
Aviation Safety ◽  
General Aviation ◽  
Flight Safety ◽  
Warning Systems ◽  
Commercial Aircraft ◽  
Mandatory Requirement ◽  
Civil Aircraft ◽  
Technological Improvements

Aviation safety has been affected greatly by technological improvements. A series of Ground Proximity Warning Systems (GPWSs) were developed to prevent accidents during Controlled Flight into Terrain (CFIT). This study analyzed the role of GPWS (or Enhanced GPWS, EGPWS) in flight safety history to determine how effective GPWS/EGPWS was in terms of preventing CFIT. The result showed a substantial increase in CFIT accidents due to the rapid growth of aviation development. This situation improved after the mandatory installation of GPWSs in commercial aircraft. However, the legal requirement did not apply to all general aviation. Most CFIT accidents have involved general aviation aircraft that do not have GPWS/EGPWS installed on board. Thus, the mandatory requirement should apply to all civil aircraft. CFIT accidents have also been reduced considerably in developed countries whereas they remain a major issue in developing countries.

scholarly journals Peranan Badan Pertanahan Nasional/Agraria Dan Tata Ruang Dalam Penyelesaian Sertifikat Ganda Di Kabupaten Banyumas

2021 ◽  
Vol 23 (2) ◽  
pp. 1-8
Author(s):  
Ninik Hartariningsih ◽  
Esti Ningrum ◽  
Wahyu Hariadi
Keyword(s):  
Land Rights ◽  
The State ◽  
Good Faith ◽  
Close Relationship ◽  
The Law ◽  
The Right

ABSTRACT The number of cases or disputes in the field of land, one of which is due to the existence of multiple certificates, in which this problem can be caused by good ethics and good ethics. This is because land has a close relationship with humans, both for housing and for business. Therefore, the law requires the owner of land rights to register their land, so that they have legal guarantees and guarantees of their rights. Double certificates occur in the case of land being abandoned by a certified owner, for a period of more than 20 years so that the land grows with a thicket, which is then controlled by someone else in good faith for more than 20 years, then the person increases his right of ownership. This is justified by law because the person has controlled the land for more than 20 years, in addition, because the land has been neglected for more than 20 years, the right to annul the land is controlled by the State. Keywords: BPN/ATR, Solution, Double Certificate Abstrak. Banyaknya kasus/sengketa dibidang pertanahan, yang salah satunya adalah karena adanya sertifikat ganda, yang mana masalah ini dapat dikarenakan etikat tidak baik maupun etikat baik. Hal ini dikarenakan bahwa tanah mempunyai hubungan yang erat dengan manusia, baik untuk tempat tinggal maupun untuk berusaha. Oleh karenanya Undang- Undang mewajibkan sipemilik hak atas tanah untuk mendaftarkan tanahnya, agar mempunyai jaminan hukum dan jaminan haknya. Sertifikat ganda terjadi dalam hal tanah ditelantarkan oleh pemiliknya yang sudah bersertifikat, dalam jangka waktu lebih dari 20 tahun sehingga tanah tersebut tumbuh semak belukat, yang kemudian dikuasai oleh orang lain dengan itikat baik selama lebih dari 20 tahun, kemudian orang tersebut meningkatkan haknya menjadi hak milik.Hal ini dibenarkan oleh undang-undang karena org tersebut telah menguasai tanah tersebut selama lebih dari 20 tahun, selain itu karena tanah tersebut ditelntarkan selama lebih Dri 20 tahun, maka haknya hapus tanah dikuasai oleh Negara. Kata Kunci : BPN/ATR, Penyelesaian, Sertifikat Ganda

Case Analysis: The Nicaragua Case and the Denunciation of Declarations of Acceptance of the Compulsory Jurisdiction of the International Court of Justice

1998 ◽  
Vol 11 (1) ◽  
pp. 97-121 ◽  
Author(s):  
Juan José Quintana
Keyword(s):  
Case Analysis ◽  
Good Faith ◽  
Legal Regime ◽  
International Court Of Justice ◽  
Reasonable Time ◽  
Court Of Justice ◽  
International Court ◽  
The Impact

This paper is concerned with the denunciation of declarations of acceptance of the compulsory jurisdiction of the International Court of Justice under the Optional Clause and the impact that the 1984 Judgment of the Court in the jurisdictional phase of the Nicaragua case may have had upon it. In this decision the Court found that the principle of good faith is of paramount importance in the legal regime of the Optional Clause and introduced in that regime the element of a ‘reasonable time’ for the denunciation of declarations of indefinite duration and silent as to termination. The relevant passage of the Judgment is discussed with a view to determine the contours of this requirement and the ways it may operate in practice.

TAJEMNICA DZIENNIKARSKA I ZASADY ZWALNIANIA Z NIEJ

2021 ◽  
pp. 198-213
Author(s):  
Lech Jaworski
Keyword(s):  
Criminal Procedure ◽  
Third Parties ◽  
Good Faith ◽  
Editorial Office ◽  
Personal Rights ◽  
The Press ◽  
Legitimate Interests ◽  
Publishing Houses ◽  
Rights And Interests ◽  
The Right

Journalistic secrecy is professional. In the light of Article 15 of the Press Law (Pr.L.) the journalist is obliged to keep secret the identity of his informants and the authors of the press material, the mail to the editorial office or other material of this nature, if they deserve the right to remain anonymmous. This obligation also applies to other persons employed in editorial offices, press publishing houses and other press organizational units. In addition, it covers any information, the disclosure of which could violate the legitimate interests of third parties. This corresponds to the content of Article 12 § 1 (2) Pr.L., according to which a journalist is obliged to protect the personal rights and interests of informants acting in good faith and other people who trust him or her. Breaking journalistic secrecy is a crime prosecuted ex officio. However, in certain situations journalistic secrecy is excluded (Article 16 Pr.L. and Article 180 of the Code of Criminal Procedure).

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