The Consumer Credit Act 1974

1975 ◽  
Vol 34 (1) ◽  
pp. 79-130 ◽  
Author(s):  
R. M. Goode

The Consumer Credit Act, which after many vicissitudes was passed on 31 July 1974, represents the product of nearly six years' concentrated labour. The genesis of the Act was the appointment in 1968 of the Crowther Committee on Consumer Credit, whose twovolume Report covering the entire field of consumer credit, and much else besides, was published in March 1971. The Committee devoted close attention to the state of the law governing credit transactions, and at an early stage in its deliberations concluded that consumer credit could not be considered in isolation from the general legal framework within which credit was provided, whether for business or for consumers. Among the seven major defects in credit law identified by the Committee, three were fundamental.

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.


Author(s):  
E. A. Bagrin

The article examines the disturbances of warriors from Selenginsk, Udinsk, Ilyinsky and Kabansky fortresses, which occurred in 1696. The author of the study believes that the events were not a direct struggle against state administration. Most of the actions of Transbaikalye residents, directed against the voivode A. Savelov, were not the riot and in most cases did not go beyond the legal framework. On the basis of those events were the erroneous policy of the state aimed at the garrisons formation in Western Transbaikalye, not at anti-feudal process as it was previously thought. The article focuses on the fact that the stage of involvement of Selenginsk and Udinsk military corporations in «troubles» was unequal. While Selenginsk warriors and part of the «old» Udinsk warriors had taken a moderate position in anticipation of conflict resolution with Irkutsk voivode with the help of the state some of Udinsk warriors, mainly the newly-recruited, were inclined to arbitrariness and violation of the law.


The article analyzes the problem of rounding the processes of formation of the state youth policy in Uzbekistan as a theoretical source of the legislative and legislative acts of the Republic of Uzbekistan in this field. This is due to the fact that these normative documents define the content of a number of concepts that serve as a category system for research in the field. It also reveals that the period of formation of the state youth policy in Uzbekistan is considered as a determinant of the date of adoption of the Law and other legislative acts.


Author(s):  
Shalini Bahuguna, Et. al.

Human rights jurisprudence has greatly contributed to criminal reforms and has had an impact on India. Crime reforms across the globe also have an impact on India. The conceptualization with respect to penal reform originated in the reformist theory of punishment.[1] The time prison must have such meaning that enhances the values ​​of the reform in it. The reformer's appearance is about to add a sense of humanity in the system of criminal reformation and also to add the human values ​​into the system of prison and prison officials have to work to achieve it.[2] The level of protection guaranteed by the law for the reformatory therapy of prisoners must be carried out within a national legal framework and India does not have the same.  


2021 ◽  
Vol 5 (3) ◽  
pp. 126-136
Author(s):  
S. A. Mosin

The subject. The article is devoted to the study of the trinity of properties of constitutional principles.The purpose of the article is to confirm the hypothesis that constitutional principles, often perceived by researchers and law enforcement officials as abstract norms with declarative content, are in fact full-fledged legal institutions that are endowed with all the necessary properties to achieve constitutional goals. In this regard, the article analyzes the property of axiomaticity, the property of presumptivity and the property of fictitiousness of constitutional principles.The methodology. The systemic-structural, comparative, formal-legal and formal-logical methods made it possible to identify and characterize the properties of constitutional principles, such as axiomaticity, presumptivity and fictitiousness. The use of these methods in their combination predetermined the appeal not only to topical problems of constitutional law, but also to issues of the theory of law, as well as other branches of law, which made it possible to most objectively and comprehensively approach the study of the properties of constitutional principles.The main results of the research. The trinity of the properties of the constitutional principle lies in the fact that the constitutional principle formulates the basic rule and determines the direction of development of the legal system and thereby has the property of axiomaticity. At the same time, the constitutional principle has the property of presumptivity due to the duty of the law enforcement officer to proceed from the assumption of compliance with the provisions of such a principle by all subjects of legal relations. Thereby constitutional principle ensures the necessary stability of the legal system of the state. At the same time, in order to achieve full-fledged stability of the legal system, along with the assumption that the subjects of legal relations comply with the provisions of the constitutional principles, it should be possible to monitor such compliance. In the absence of prior control over compliance with the provisions of the law, the solution is the application of legal presumptions. In this regard, within the framework of the presumptive property of constitutional principles, constitutional presumptions are inextricably linked with the corresponding constitutional principles. In turn, having the property of fictitiousness, the constitutional principle allows to interpret the provisions that make up such a constitutional principle and, as a result, create the necessary regulatory legal framework.Conclusions. Constitutional principles are the driving force of the legal system. They fill all legal relations without exception with legal meaning and content and have a special meaning due to their irreplaceability and the obligation to strictly observe them. In turn, the trinity of properties of the constitutional principles reflects their legal essence as fundamental normative provisions that determine the generally binding basic rules and directions of the development of the legal system, ensure the stability of the legal system of the state, and also have the possibility of timely development and adaptation to the changing legal reality.


Author(s):  
Jon Mee

This article examines the effects of the unprecedented number of prosecutions for political opinion in the 1790s and afterward on romantic period literature. The chief instrument for these prosecutions was the law on libel. This legal framework placed a premium on various forms of metaphor, irony, and allegory, which the Crown had to construe as concrete libels in any prosecution. Many trials became major public events, a visible part of the period’s print culture, widely reported in newspapers and eagerly consumed by the public in a variety of media. The courtroom provided a theater of radical opinion in which defendants could publicize their views and mock the authority of the state. The pressure exerted on writers by the law on libel also conditioned a more general anxiety and may even have influenced developing ideas of the autonomy of the aesthetic.


Author(s):  
Md. Awal Hossain Mollah

The aim of this paper is to examine the state of violation of human rights by crossfire through law enforcing agencies in Bangladesh. Though the law enforcing agencies are primarily responsible for maintaining the law and order, protection of life and property of the citizens and prevention and detection of crime to establish rule of law in a society, however, the violation of human rights by the law enforcing agencies in Bangladesh has increased severely for the last few years. This paper critically examines the existing legal framework of governing the law enforcing agency, causes of violation of human rights and finally pinpoint some recommendations for the eradication of the pitfalls of security forces.


Family Law ◽  
2018 ◽  
Author(s):  
Edwina Higgins ◽  
Kathryn Newton

This chapter considers the law and process for seeking a divorce in England and Wales. It examines the current legal framework and the gap between the ‘law in books’ and the practical reality. It looks at the current legal provisions, the criticisms that have been made of them, and whether there are any strengths to the current law. The discussion is placed in the context of divorce statistics in order to determine the link between the divorce law and the divorce rate, and whether this matters. In so doing, the chapter considers how much of a role the state should play in regulating divorce and the place of ‘fault’ in a modern divorce law. It also considers matters of process and procedure, and whether reform of process rather than substantive law is the right focus.


Author(s):  
Jeremy D. Morley

The international legal framework has traditionally been divided into a “state of war” and a “state of peace.” Most contemporary authorities still insist upon sharp and tidy categorization in this area, although some would prefer a three-fold or a multi-fold division, instead of the standard two-fold split. This whole approach has come under attack in recent years.A division into “states” of “war” and “peace” should theoretically produce simplicity and clarity. Instead, however, it leads to hopeless complications. This is clear as soon as any attempt is made to define the “state of war.”


Author(s):  
Inna A. Hamburh ◽  

The article is devoted to the definition of innovations in scientific approaches and legal regulations on the organizational and legal framework for the functioning of probation in Ukraine, taking into account international experience and national specifics, the formulation of proposals for further development. It is established that with the help of European projects that contribute to the implementation of an effective probation system in Ukraine, our country is on the way to building its own perfect model of probation service as a major step towards global human rights standards. In addressing the issue of priority, turning criminals into law-abiding citizens or protecting society from recidivism, it seems to be a search for a balance (for example, between considering probation as a form of social work with criminals and as a form of alternative punishment). It is determined that the most optimal organization is the system enshrined in the Law of Ukraine �On Probation�, according to which the probation body is directly subordinated to the State Institution �Probation Center�. The probation body is formed by the Ministry of Justice of Ukraine in the administrative-territorial units of Ukraine to ensure the implementation of the tasks of the State Penitentiary Service of Ukraine. The activities of the Probation Center are directed and coordinated by the Deputy Ministry of Justice of Ukraine in accordance with the division of responsibilities. However, there are many inconsistencies and inaccuracies in the law. Therefore, a prerequisite for the effective operation of the probation service in Ukraine and the achievement of its goals is the following: first, amendments to the current law and adjustment or complete change of regulations, directly instructions governing the activities of the penitentiary inspections; secondly, the continuation of the holding. It is concluded that from the organizational and legal point of view, probation bodies should acquire the status of bodies that receive unlimited influence on a person, from the moment of initiating criminal proceedings to deciding the further fate of the convict during his execution and after release. Such an approach extends criminal enforcement activities far beyond criminal enforcement relationships, in fact trying to link their emergence with legal facts that are the basis for the existence of relations of a completely different type and nature. This, it seems, corresponds to the path chosen by Ukraine to build a legal, democratic, social state.


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