Gift Of Organs — A Note

1993 ◽  
Vol 27 (4) ◽  
pp. 661-667
Author(s):  
Alfredo Mordechai Rabello
Keyword(s):  
Well Being ◽  
Human Organs ◽  
Legal Literature ◽  
Legal Principle ◽  
Specific Performance ◽  
The Subject ◽  
General Principles Of Law ◽  
Law And Morality ◽  
The Law ◽  
The Moment

Is it possible to view human organs as assets that can be given as “the subject of a gift”? The view most widely accepted in the legal literature is that a dispositionary act in relation to our body cannot constitute the object of a binding contract, if the execution of the contract could endanger the life of the person (i.e. the person making the disposition) or constitute a risk to his physical well-being. In such a case, the contract would contradict the general principles of law and morality.It is an accepted legal principle that a person may make a commitment to give hair, to nurse a child or to donate blood. In a contract for consideration, the validity of the obligation must be determined, but stipulating specific performance is prohibited, thus the only remedy can be the awarding of damages. The law in Israel is clear that the giver of a gift can retract his promise up until the moment of giving, and if the intended recipient of the promised organ is detrimentally affected, the reluctant giver will be liable, at most, to compensate the frustrated recipient.

Consensus Mistake and Impossibility in Contract

1941 ◽  
Vol 7 (3) ◽  
pp. 361-378
Author(s):  
H. W. R. Wade
Keyword(s):  
Lever Bros ◽  
Legal Principle ◽  
The Future ◽  
The Subject ◽  
The Law ◽  
The Moment

The boundary between the fields of mistake and impossibility in contract seems never yet to have been critically surveyed. But such a survey is badly needed, for it is plain that at the moment the law of mistake is in no less a state of confusion than is the law of impossibility or ‘frustration’. The outstanding case of recent years, Bell v. Lever Bros., Ltd. (1931), met with such universal and (if it may humbly be said) unmerited hostility from publicists in all quarters that this alone calls for an inquiry into the difficulties of the subject. There, has been a disturbing tendency among text-writers, led by Pollock, to profess an inability to understand the ratio deddendi of the case, to try to limit it for the future to its exact facts, and to refuse to recognize in it any legal principle.

scholarly journals Prohibition of interrogation of notaries as witnesses in criminal proceedings

1970 ◽  
pp. 345-349
Author(s):  
Ulyana Polyak
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Literature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
The Law ◽  
Notary Public ◽  
Made In

The current criminal procedure law of Ukraine stipulates that a witness is obliged to give a true testimony during pre-trial investigation and trial, however, the legislator made an exception for this by specifying the categories of persons who have been granted immunity from immunity, ie they are released by law. testify. The article deals with the problems of law and practice regarding the prohibition of the interrogation of a notary as a witness in criminal proceedings and the release of him from the obligation to keep the notarial secret by the person who entrusted him with the information which is the subject of this secret. The notion of notarial secrecy is proposed to be changed, since the subject of this secrecy is not only information that became known to the notary public from the interested person, but also those information that the notary received from other sources in the performance of their professional duties, as well as the procedural activity of the notary himself, is aimed at achieving a certain legal result. The proposal made in the legal literature to supplement the CPC of Ukraine with the provisions that a notary is subject to interrogation as a witness on information that constitutes a notarial secret, if the notarial acts were declared illegal in accordance with the procedure established by law The proposal to increase the list of persons who are not subject to interrogation as witnesses about the information constituting a notarial secret is substantiated, this clause is proposed to be supplemented by provisions that, apart from the notary, are not notarized, other notarials, notaries as well as the persons mentioned in Part 3 of Art. 8 of the Law of Ukraine "On Notary". Amendments to the current CPC of Ukraine by the amendments proposed in this publication will significantly improve the law prohibiting the interrogation of a notary as a witness in criminal proceedings, as well as improve certain theoretical provisions of the institute of witness immunity in criminal proceedings.

Contract Law

2020 ◽  
Author(s):  
Ewan McKendrick
Keyword(s):  
Bargaining Power ◽  
Reading Skills ◽  
Contract Law ◽  
Undue Influence ◽  
Force Majeure ◽  
Specific Performance ◽  
Consumer Contracts ◽  
The Subject ◽  
The Law ◽  
Unfair Terms

Contract Law: Text, Cases, and Materials provides a complete guide to the subject of contract law. The book comprises a balance of 60% text to 40% cases and materials. Its clear explanations and analyses of the law provide support to students, while the extracts from cases and materials promote the development of essential case reading skills and allow for a more detailed appreciation of the practical workings of the law and of the best legal scholarship. Part I of the book examines the rules relating to the existence of an agreement (particularly offer and acceptance, uncertain and incomplete agreements, and consideration and promissory estoppel). Part II covers the terms of the contract, including implied terms, interpretation, boilerplate clauses, exclusion clauses, unfair terms in consumer contracts, and good faith. Part III examines topics such as mistake, misrepresentation, duress, undue influence, unconscionability, inequality of bargaining power, and frustration and force majeure. Part IV turns to breaches of contract and termination, damages, and specific performance. The last part, Part V, concentrates on third parties.

scholarly journals NOVELS OF CRIMINAL LEGISLATION IN THE CONDITIONS OF PANDEMIA

2020 ◽  
Vol 30 (4) ◽  
pp. 541-553
Author(s):  
A.A. Shutova ◽  
M.A. Efremova ◽  
A.A. Nikiforova
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Well Being ◽  
Main Research ◽  
General Scientific ◽  
The Subject ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Law ◽  
Criminal Legislation

The relevance of the chosen topic is caused by changes in the current Russian administrative and criminal legislation in connection with the spread of a new coronavirus infection. Based on specific examples, the authors confirm that, in various constituent entities of the Russian Federation, a diverse practice of the application of such norms is emerging, which leads to the lack of a uniform application of the law. The subject of the study is legislative, doctrinal, interpretative provisions, as well as judicial investigative practice, reflecting the specifics of applying the law in the field of protecting citizens from the threat of the spread of infectious diseases. The purpose of the study is to analyze legislative novels and develop scientifically sound provisions to improve existing legislation and law enforcement practices in the field of counteracting encroachments in the field of sanitary and epidemiological welfare of the population. The main research method is the dialectical-materialistic method of cognition, which allows you to objectively and comprehensively consider the problems of legal assessment of offenses in the field of ensuring the sanitary and epidemiological well-being of the population. Along with it, general scientific research methods were used: analysis, synthesis, deduction, induction, abstraction; special research methods were used: formal legal, interviewing. The work provides a detailed critical analysis of the composition of administrative offenses and crimes in the field of sanitary and epidemiological welfare of the population, explores the most important issues for law enforcement. In addition, the authors propose measures to improve legislation in this area. The criminological risks of introducing a system of immune passports are studied. The scientific novelty of the study is evidenced by the main conclusions and conclusions reached by the authors, containing recommendations for improving legislation in this area and the practice of its application. The independence of the conclusions made is confirmed by a comprehensive approach to the study of new norms of the current administrative and criminal legislation, as well as materials of judicial investigative practice.

Theoretic and Practical Aspects of Protection of the Right of Ownership in the Hereditary Relations

2020 ◽  
Vol 27 (3) ◽  
pp. 95-108
Author(s):  
Iryna Dzera
Keyword(s):  
Negative Impact ◽  
Case Law ◽  
Effective Mechanism ◽  
Hereditary Property ◽  
Judicial Practice ◽  
The Subject ◽  
The Law ◽  
The Moment ◽  
State Registration ◽  
The Right

The relevance of the subject matter lies in the fact that inheritance is one of the most common grounds for acquiring property by individuals. Considering the fact that the heirs are often relatives of the testator, to avoid disputes between them, the law should contain an effective mechanism for resolving relations between heirs over the redistribution of inheritance or change of the order of inheritance, and a mechanism to protect the rights and interests of heirs in case of disputes. The purpose of this study is to identify gaps and inconsistencies in civil legislation and case law in the study of the main ways to protect the rights of heirs in hereditary relations, and ways to resolve them. It is noted that in the presence of disputes between the heirs, it is not the protection of property rights that is carried out, because the heirs have not yet acquired the right of ownership, but the protection of the right to inheritance, according to which they will be able to acquire ownership of the inherited property. There is a lack of a particular list of ways to protect the rights of heirs in the legislation of Ukraine, which has a negative impact on judicial practice, as they often use inappropriate methods of protection. The study analyses the case law of hereditary disputes and identifies the main mistakes that courts make in resolving such cases. Particular attention is focused on the study of such methods of protection as the recognition of the certificate of inheritance as invalid, the hereditary recognition of the property that belonged to the deceased, but was not part of the inheritance. The study investigates the moment of ownership of the hereditary property of the heirs and a critical analysis of the provisions of Article 1268 of the Civil Code, which determine the moment from which the inheritance belongs to the heir – namely from the moment of opening the inheritance. There is a conflict between the rules of Article 1268 and Article 3 of the Law of Ukraine "On state registration of real rights to immovable property and their encumbrances" in terms of establishing the moment of ownership of immovable property by inheritance

scholarly journals Inconsistency of Prison Criminal Sanctions for Children and Criminal Objectives in RKUHP

2019 ◽  
Vol 1 (1) ◽  
pp. 33
Author(s):  
Ani Triwati
Keyword(s):  
Criminal Justice ◽  
Well Being ◽  
Vulnerable Groups ◽  
Criminal Prosecution ◽  
Court System ◽  
Criminal Sanctions ◽  
The Law ◽  
The Moment ◽  
Police Level ◽  
Mental Well Being

<p class="IABSSS">Children are vulnerable groups when dealing with the criminal justice system based on various analyzes. Therefore a special mechanism is needed to protect the interests of children facing the law. It is affirmed in the UN Regulations for the Protection of Children Who Lost their Freedom that the child court system must uphold rights and safety and promote the physical and mental well-being of children. Prison sentences must be used as a last resort. Children who are in conflict with the law, will get a label or stigmatization from the community from the moment the case processes at the police level until the court ruling is even possible forever. This article will discuss the implications of inconsistencies in prison sanctions for children and the purpose of criminal prosecution in RKHUP, that children who proceed in criminal justice, the label will be inherent indefinitely, so it is likely that children tend to commit criminal acts again. Prison sentences will bring children to learn more about their environment.</p>

scholarly journals THE RIGHT TO MOTHERHOOD AND PATERNITY AS PERSONAL NON-PROPERTY RIGHTS OF THE SPOUSE

2021 ◽  
Vol 1 (10) ◽  
pp. 25-29
Author(s):  
S. Chernik ◽  
Keyword(s):  
Health Care ◽  
Legal Status ◽  
Human Life ◽  
Reproductive Function ◽  
Health Care Facilities ◽  
Pregnancy And Childbirth ◽  
Legal Literature ◽  
The Law ◽  
The Moment ◽  
The Right

The article reveals the essence of one of the main personal non-property laws of spouses, enshrined in family law – the law to motherhood and fatherhood. It is noted that there is no definition of «motherhood» and «fatherhood» in the legislation. The definitions of the concepts «law to motherhood» and «law to fatherhood» proposed in the scientific legal literature are studied and generalized. The exercise of the law to motherhood and fatherhood is linked to the reproductive function of women and men, and it is important that they fulfill the social functions that arise in connection with the birth of a child. The constituent elements of the law to motherhood are considered. A woman has the law to pregnancy and health care during pregnancy and childbirth, the provision of qualified medical care in accredited health care facilities, partner childbirth. It has been found that the most controversial issue is a woman’s law to refuse to have a child, which includes a woman’s voluntary refusal to have children or abortion. The abortion procedure in Ukraine is regulated by law. However, the problem of determining the legal status of the embryo is quite complex and needs to be studied. The approaches to determining the moment of the beginning of protection of human life offered in legal science, namely: absolutist, liberal and gradualistic (moderate) are revealed. Emphasis is placed on the moral aspect of the problem of abortion. It is noted that a woman decides on the issue of abortion on her own, while such a law is not assigned to a man. It is stated that the law to paternity is closely related to the law to maternity and consists of three powers: the husband decides whether or not to have a child, may demand not to prevent him from exercising such a law and to defend parental laws in court.

Contract Law

2018 ◽  
Author(s):  
Ewan McKendrick
Keyword(s):  
Bargaining Power ◽  
Reading Skills ◽  
Contract Law ◽  
Undue Influence ◽  
Force Majeure ◽  
Specific Performance ◽  
Consumer Contracts ◽  
The Subject ◽  
The Law ◽  
Unfair Terms

Contract Law: Text, Cases, and Materials provides a complete guide to the subject of contract law. The book comprises a balance of 40% text to 60% cases and materials. Its clear explanations and analyses of the law provide support to students, while the extracts from cases and materials promote the development of essential case reading skills and allow for a more detailed appreciation of the practical workings of the law and of the best legal scholarship. Part I of the book examines the rules relating to the existence of an agreement (particularly offer and acceptance, uncertain and incomplete agreements, and consideration and promissory estoppel). Part II covers the terms of the contract, including implied terms, interpretation, boilerplate clauses, exclusion clauses, unfair terms in consumer contracts, and good faith. Part III examines topics such as mistake, misrepresentation, duress, undue influence, unconscionability, inequality of bargaining power, and frustration and force majeure. Part IV turns to breaches of contract and termination, damages, and specific performance. The last part, Part V, concentrates on third parties.

Crisis Negotiations in the Law Enforcement Context

2020 ◽  
Author(s):  
Gregory M. Vecchi
Keyword(s):  
Law Enforcement ◽  
Well Being ◽  
Active Listening ◽  
Listening Skills ◽  
Skill Sets ◽  
Crisis Negotiation ◽  
Enforcement Officer ◽  
The Subject ◽  
Law Enforcement Officer ◽  
The Law

Law enforcement negotiation is one of the only times when a law enforcement officer interacts with an offender during the commission of a crime and, as such, can influence the outcome of the situation in favor of law enforcement. All other interactions between offenders take place after the commission of the crime or during undercover operations when the law enforcement officer is hiding his or her identity. Law enforcement crisis negotiation (LECN) provides techniques, tactics, and procedures for seamlessly dealing with difficult, dangerous, and disordered persons to obtain voluntary compliance through the application of verbal influence-based skill sets. LECN is a method by which to deal with perceived threats to a subject’s emotional, psychological, or physical well-being during intense conflict or crisis situations. Understanding critical incidents and the mindset of a subject is critical to determining the proper communication strategies and tactics. At the heart of the process is understanding and assessing instrumental and expressive behavior in order to apply tactical negotiation or crisis intervention. A key skill set to being effective in negotiating with difficult, dangerous, and disordered persons is to build credibility through the application of the Behavioral Influence Stairway Model (BISM) in the effective application of active listening skills, empathy, rapport-trust, and influence to persuade behavioral change on the part of the subject.

English Contract Problems in Indian Code and Case Law

1958 ◽  
Vol 16 (1) ◽  
pp. 67-84
Author(s):  
R. N. Gooderson
Keyword(s):  
Case Law ◽  
Privy Council ◽  
Draft Report ◽  
Specific Performance ◽  
Specific Rule ◽  
The Subject ◽  
Good Conscience ◽  
The Law ◽  
Indian Law ◽  
Made In

There is nothing indigenous about the Indian Contract Act of 1872 (hereinafter referred to as “the Act”), which is a comprehensive though not necessarily exhaustive code of the subject. According to the eighteenth-century charters, which established courts of justice for the three Presidency towns of Calcutta, Madras and Bombay, the law there applicable was the English common and statute law then in force, so far as it was appropriate to Indian circumstances. Elsewhere it was the practice to have recourse to justice, equity and good conscience. Appeal to these three precepts was also to be made in the Presidency towns themselves in case no specific rule existed. This was the state of the law of contract in 1866, as briefly described by the Indian Law Commissioners in their report. This commission, which prepared the first draft of the Act, had been appointed in England in 1864, with Lord Romilly M.R. as chairman. The other members were W. M. James q.c., the Chancery leader shortly to become James L.J., Sir Edward Ryan, formerly Chief Justice of Bengal, who at this time often sat as a member of the Judicial Committee of the Privy Council in Indian appeals, Robert Lowe, as Lord Sherbrooke then was, a politician, later Chancellor of the Exchequer and Home Secretary, J. M. Macleod, a member of the Indian Civil Service, and John Henderson, barrister. The commission sat in London, and produced a draft report in 1866. This had still not become law by 1870, largely because of the opposition of Sir Henry Maine, then Law Member of the Governor-General's Council, to the proposals as to specific performance.

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