The Minimum Payment Clause Muddle

1964 ◽  
Vol 22 (1) ◽  
pp. 108-128 ◽  
Author(s):  
Jacob S. Ziegel
Keyword(s):  
The Past ◽  
Legal Problems ◽  
Steady Level ◽  
The Law

The value of hire-purchase transactions has remained at a fairly steady level during the past few years, and it would be pleasant to think that the law affecting them has reached a comparable stage of maturity and stability. This is unfortunately not the case. Instead, the number of legal problems continues to multiply and some aspects of the law of hire-purchase have reached a state of complexity which must baffle even the most expert lawyer. Of these none is more confusing than the law relating to the so-called “minimum payment clause.”

Patterns of Development in International Fishery Law

1974 ◽  
Vol 11 ◽  
pp. 37-47
Author(s):  
Gerald R. Ottenheimer
Keyword(s):  
Continental Shelf ◽  
Law Of The Sea ◽  
The Past ◽  
Fishery Resources ◽  
Legal Problems ◽  
The Law ◽  
Ocean Law ◽  
International Fisheries

The uncertainty surrounding the outcome of the imminent Law of the Sea Conference is inevitable in the light of the lack of consensus on many of the most pressing problems of ocean law. Nowhere is this lack of agreement more evident than in the law regulating the world’s fishery resources.During the past few years the attention of international lawyers and experts in related disciplines has been focused on the crucial considerations of continental shelf and ocean bed resources. Yet the legal problems related to international fisheries persist and increase.

scholarly journals Legal Information Innovation in Saskatchewan

2017 ◽  
Vol 12 (1) ◽  
Author(s):  
Alan Kilpatrick
Keyword(s):  
Nous Avons ◽  
Full Range ◽  
Court System ◽  
Legal Information ◽  
The Past ◽  
Legal Problems ◽  
Canadian Association ◽  
The Law

Access to legal information enables people to identify the full range of legal options available to them. In some cases, access to legal information allows people to resolve legal problems outside the court system altogether. Unfortunately, access to legal information in Canada has been described as poor. At the Law Society of Saskatchewan Library, we have been exploring the role libraries can play in improving access to legal information. Over the past three years, we have participated in a multitude of legal information initiatives with justice, community, and library stakeholders. I am here to tell you about these initiatives and what we have learned about promoting access to legal information in a library setting. This article is adapted from presentations given at the 2017 Canadian Association of Law Libraries Conference and the 2017 Saskatchewan Library Association Conference. L’accès à l’information juridique permet au public d’identifier une gamme complète d’options juridiques qui leur sont disponibles. Dans certains cas, l’accès à l’information juridique permet au public de résoudre des problèmes légaux sans avoir recours aux tribunaux. Malheureusement, l’accès à l’information juridique au Canada est décrit comme mauvais. À la Law Society of Saskatchewan Library, nous avons examiné le rôle que peuvent prendre les bibliothèques pour améliorer l’accès à l’information juridique. Au cours des trois dernières années, nous avons participé à de nombreuses initiatives sur l’information juridique avec des intervenants des milieux de la justice et des bibliothèques ainsi que des intervenants communautaires. Je vais partager avec vous ces initiatives ainsi que ce que nous avons appris au sujet de la promotion de l’accès à l’information juridique en milieu bibliothécaire. Cet article est une adaptation de présentations données aux congrès de l’Association canadienne des bibliothèques de droit et de la Saskatchewan Library Association en 2017.

Theories of Choice and the Law—An Introduction

2021 ◽  
pp. 1-16
Author(s):  
Stefan Grundmann ◽  
Philipp Hacker
Keyword(s):  
The Past ◽  
Legal Problems ◽  
Different Types ◽  
The Law ◽  
The Many

This introduction highlights the importance of theories of choice for the law, but it also stresses the need to distinguish and decide between different types of choice theories for concrete legal applications. It first discusses the problem of selecting an appropriate theory of choice, from the many varieties that have developed in the past decades, for a specific regulatory problem. Second, it advocates making explicit the sometimes hidden epistemic and normative assumptions behind choice-theoretic models. Third, it argues for a genuinely normative assessment, and a conceptual reconstruction, of theories of choice before their application to specific legal problems. The chapter concludes with an overview of the four Parts of this volume.

THE 2017 AMENDMENTS TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: A MILESTONE OR A STONE’S THROW IN THE DEVELOPMENT OF MALAYSIAN FAMILY LAW?

2020 ◽  
Vol 28 (2) ◽  
pp. 449-479
Author(s):  
Sridevi Thambapillay
Keyword(s):  
Child Custody ◽  
Family Law ◽  
Law Reform ◽  
The Real ◽  
The Past ◽  
Marriage And Divorce ◽  
Conversion To Islam ◽  
Family Issues ◽  
The Law ◽  
Muslim Family

The Law Reform (Marriage and Divorce) Act 1976 (LRA) which was passed in 1976 and came into force on 1st March 1982, standardized the laws concerning non-Muslim family matters. Many family issues concerning non-Muslim have emerged ever since, the most important being the effects of unilateral conversion to Islam by one of the parties to the marriage. There has been a lot of public hue and cry for amendments to be made to the LRA. After much deliberation, the Malaysian Parliament finally passed the amendments to the LRA in October 2017, which came into force in December 2018. Although the amendments have addressed selected family law issues, the most important amendment on child custody in a unilateral conversion to Islam was dropped from the Bill at the last minute. Howsoever, at the end of the day, the real question that needs to be addressed is whether the amendments have resolved the major issues that have arisen over the past four decades? Hence, the purpose of this article is as follows: first, to examine the brief background to the passing of the LRA, secondly, to analyse the 2017 amendments, thirdly, to identify the weaknesses that still exist in the LRA, and finally, to suggest recommendations to overcome these weaknesses by comparing the Malaysian position with the Singaporean position. In conclusion, it is submitted that despite the recent amendments to the LRA, much needs to be done to overcome all the remaining issues that have still not been addressed.

scholarly journals Does the Law Determine What Heritage to Remember?

2021 ◽  
Author(s):  
Marie-Sophie de Clippele
Keyword(s):  
Cultural Identity ◽  
Cultural Heritage ◽  
State Intervention ◽  
Historical Knowledge ◽  
Human Right ◽  
Political Will ◽  
The Public ◽  
The Past ◽  
The Law ◽  
Ideological Manipulation

AbstractCultural heritage can offer tangible and intangible traces of the past. A past that shapes cultural identity, but also a past from which one sometimes wishes to detach oneself and which nevertheless needs to be remembered, even commemorated. These themes of memory, history and oblivion are examined by the philosopher Paul Ricoeur in his work La mémoire, l’histoire, l’oubli (2000). Inspired by these ideas, this paper analyses how they are closely linked to cultural heritage. Heritage serves as a support for memory, even if it can be mishandled, which in turn can affect heritage policies. Memory and heritage can be abused as a result of wounds from the past or for reasons of ideological manipulation or because of a political will to force people to remember. Furthermore, heritage, as a vehicule of memory, contributes to historical knowledge, but can remain marked by a certain form of subjectivism during the heritage and conservation operation, for which heritage professionals (representatives of the public authority or other experts) are responsible. Yet, the responsibility for conserving cultural heritage also implies the need to avoid any loss of heritage, and to fight against oblivion. Nonetheless, this struggle cannot become totalitarian, nor can it deprive the community of a sometimes salutary oblivion to its own identity construction. These theoretical and philosophical concepts shall be examined in the light of legal discourse, and in particular in Belgian legislation regarding cultural heritage. It is clear that the shift from monument to heritage broadens the legal scope and consequently raises the question of who gets to decide what is considered heritage according to the law, and whether there is something such as a collective human right to cultural heritage. Nonetheless, this broadening of the legislation extends the State intervention into cultural heritage, which in turn entails certain risks, as will be analysed with Belgium’s colonial heritage.

A general risk process and its properties

1992 ◽  
Vol 29 (1) ◽  
pp. 73-81 ◽  
Author(s):  
Thomas H. Scheike
Keyword(s):  
Risk Process ◽  
Jump Size ◽  
The Past ◽  
Distributional Properties ◽  
Jump Time ◽  
The Law ◽  
Jump Sizes

We construct a risk process, where the law of the next jump time or jump size can depend on the past through earlier jump times and jump sizes. Some distributional properties of this process are established. The compensator is found and some martingale properties are discussed.

scholarly journals Israel: Is COVID-19 Expected More Than a War? (The Increase in Customs Value in Israel, Due to the COVID-19 Increase in Transport Prices - The Problem, and the Solution)

2021 ◽  
Vol 5 (11) ◽  
pp. 20-23
Author(s):  
Omer Wagner ◽  
Keyword(s):  
The State ◽  
Transportation Costs ◽  
The Past ◽  
The Law ◽  
Made In

Sea freight prices have risen sharply, due to the COVID-19 crisis, global shortages of ships, declining competition in the field, and containers of contagious demand. The increase in transportation costs leads to the increase in the value of goods for customs purposes, and to a further collection of customs duties. The Israeli law allows the state to facilitate importers and waive the extra customs duties, and similar and other facilitations have been made in the past. Therefore, all that is required is the flexibility and activation of goodwill on the part of the state, when interpreting the law.

scholarly journals Włocławska Kapituła Katedralna na tle aktualnych norm prawnych odnośnie kapituł kanonickich

2008 ◽  
Vol 51 (3-4) ◽  
pp. 299-330
Author(s):  
Janusz Gręźlikowski
Keyword(s):  
Canon Law ◽  
Radical Change ◽  
The Past ◽  
Statutory Law ◽  
The Law

The Chapter Cathedral of Włocławek its beginning go back first half of XII centuries and justly be numbered to the oldest chapter in Poland. Her start to go back Chapter of Kruszwica. The Chapter of Włocławek entry in qualifications of the Chapter of Kruszwica consequently transfer the capitol of diocese from Kruszwica to Włocławek. The Chapter of Włocławek come into being about 1148 years. Her history is reach and testify her signify in life of the Włocławek Church the past, in particular assistance the bishop in management of diocese. The change in canon law after the Council of Watykański II and the next in the Code of Cannon Law from 1983 years results that the law statutes of chapters – also Włocławskiej – undergo radical change. The Chapter stop was the assist organ of dioceses bishop in management of dioceses, while stay her decision and consultative character chapter stand the council of priest meritorious for dioceses. The dignity of canon should be grant to priests distinguish honest life, virtue, science, zeal and care about Church. In new law reality the Chapter Cathedral of Włocławek, though destitute now most ancient qualification and competence, lake important element in structure of Włocławskiego and Polish Church. Testify about her statutory law, assignments obligations and also fact that in Poland not destroy chapters but reactivate old and create new council of chapters.

scholarly journals INTERVIEW WITH PROFESSOR RAFAEL SANZIO ARAÚJO DOS ANJOS – CIGA-UNB / PROJECT GEOAFRO TO NOVA ESCOLA REVIEW

2016 ◽  
Vol 6 (2) ◽  
pp. 92-96
Author(s):  
Rafael Sanzio Araújo dos Anjos
Keyword(s):  
Decision Making ◽  
Indigenous Population ◽  
The State ◽  
Brazilian Population ◽  
The Past ◽  
Rural Zone ◽  
History Of ◽  
The Law ◽  
Colonial Brazil

The LDB (Lei de Diretrizes e Bases) of 1996 does not mention the Quilombolas Communities. We know that in some aspects the problems with the access to schools are similar to the problems faced in the riverine communities, in the rural zone, and in the indigenous population, for example. Both specified on the law. Which would be the followed orientation when we talk about quilombos?- It is important not to lose sight that exists in space and in the Brazilian population a large territory and people not part of the “Official Brazil”. In this context, we can insert the quilombolas populations, which were excluded secularly of the country and of the priority actions in the decision-making sector. Prejudice and exclusion mark the history of Africa in Brazil and the quilombos, which are considered “the past of Colonial Brazil”, had recently started to have attention of the State and one of them is in the Transitory Devices of the Federal Constituion of 1988. 

scholarly journals On the Efficiency Factors of Positive Law

2021 ◽  
pp. 7-17
Author(s):  
S.L. Sergevnin ◽  
Keyword(s):  
Legal Regulation ◽  
The Past ◽  
Positive Law ◽  
Legal Problems ◽  
Legislative Activity ◽  
Efficiency Factors

The article discusses some of the topical theoretical and legal and philosophical and legal problems of lawmaking. According to the author, the efficiency of the application of legislation in the mechanism of legal regulation directly depends on the quality of lawmaking, including its ideological content and scientific elaboration. Based on the works of reputable lawyers of the past and present, the author convincingly proves that the technique of legislative activity determines the effectiveness of the adopted normative legal acts, the totality of which forms a positive law. Guided by the considerations expressed in the article, the author formulates a number of recommendations aimed at improving the legal, technical and substantive aspects of positive law in order to increase the efficiency of legal regulation.

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