Assisted-living for older people in Israel: market control or government regulation?

2003 ◽  
Vol 23 (6) ◽  
pp. 779-795 ◽  
Author(s):  
ISRAEL DORON ◽  
ERNIE LIGHTMAN

In recent decades there has been a rapid expansion of assisted-living facilities for older people in many different countries. Much of this growth has occurred with only limited or no government regulation, but many problems have arisen, typically around the quality of care, which have led to demands that governments act to protect vulnerable residents. This paper examines whether formal legal regulation is the optimal policy to protect the needs and rights of frail residents, while respecting the legitimate interests of others, such as operators and owners. It presents the case for and against direct legal regulation (as in institutions), and suggests that no overall a priori assessment is possible. The analysis is based on the case of Israel, where proposed regulations for assisted-living have been introduced but not implemented. After a brief history of assisted-living in Israel – its recent dramatic growth and why this occurred – the paper concludes that formal direct regulation is not the best route to follow, but that the better course would be to develop totally new ‘combined’ regulatory legislation. This would define the rights of residents and encourage self-regulation alongside minimal and measured mechanisms of deterrence. Such an approach could promote the continued development of the assisted-living industry in Israel and elsewhere, while guaranteeing that the rights, needs and dignity of older residents are protected.

2020 ◽  
Vol 1 (9) ◽  
pp. 33-37
Author(s):  
Oleksii Kucherenko ◽  

The article is devoted to the topical issue of studying the foreign experience of legal regulation of the franchise agreement. The author emphasizes that there is no comprehensive full-fledged regulation of the franchise agreement either in the national legislation of individual EU member states or at the international level. The article focuses on the franchisor's obligation to enter into an agreement to provide future franchisees with information about doing business under the franchise system, including the basic conditions of the franchise, data on the number of franchisees in the network, its growth, financial performance, etc. The experience of legal regulation of a franchise agreement in such foreign countries as the USA, Great Britain, Italy, Germany, Spain, Estonia, Lithuania, Australia, etc. is considered. The duality of the legal regulation of franchising at the federal and local levels, as well as the prevalence of the most favorable rules for franchisors (USA) is demonstrated. The author focuses on the experience of the institute of self-regulation of franchising and the establishment of appropriate criteria for franchise companies in the absence of government regulation (Britain). The need to adopt a single institutional law in the field of franchising and to enshrine in it all the key terms used in franchising: the actual franchise agreement, know-how, entrance fee, royalties (periodic payments for the use of intellectual property), the franchisor's goods (Italy). It is expedient to establish a provision on mandatory pre-contractual disclosure of information, according to which the counterparty is provided with information on experience, company experience, prospects for the development of the relevant market, duration of the agreement, terms of renewal or termination of contractual relations (France).


2019 ◽  
Vol 46 (5) ◽  
pp. 424-433
Author(s):  
Jasper Yeung ◽  
Allyson Jones ◽  
Gian S. Jhangri ◽  
William Gibson ◽  
Kathleen F. Hunter ◽  
...  

2020 ◽  
Vol 71 (1) ◽  
pp. 676-683
Author(s):  
O. Oshanova ◽  

In the article raises the actual issue of legal regulation of the Kazakhstan Internet space. The author examines the issues of combining the methods of legal regulation and self-regulation on the Internet.Prospects of soft law in the international regulation of the Internet, in countries such as the United States, Britain and Russia are assessed from different points of view. Especially the author draws attention to such topics as terrorism, pornography and encroachment on the honor and dignity of citizens.The relevance of this topic is expressed in the fact that, the Internet is still not sufficiently regulated from the legal point of view. The constant increase in the number of subscribers and the growing importance of information exchange through the Network attract the public's attention to the problems of regulation, the development of rules for the fair, legitimate functioning of the Internet by the state. Internet legislation is a set of laws, other normative acts (national and foreign states) which are regulating relations in the virtual space of the Internet. As an Internet relationship is considered only those relations that are connected with the social and legal regulation of the virtual space that is with the regulation of this space on the basis of the norms of law, morals, ethics and other means.The main problems of legal regulation are related to the order and conditions of the use of telecommunications networks and protection of the rights and legitimate interests of various entities during the transfer of information in global computer networks. There is a need to develop an adequate national legislation with all modern requirements, moreover in existing laws on the legal regulation of the Internet space in Kazakhstan prescribed severe penalties, and they haven’t an alternative solutions. This issue causes criticism of both among professional journalists and among the public.At present, the domestic information legislation of Kazakhstan and other countries are very extensive. However, it is still far from perfect and requires working out and adoption of new acts.


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