Ch.3 Validity, s.1: General provisions, Art.3.1.1

2015 ◽  
Author(s):  
Huber Peter
Keyword(s):  
Legal Systems ◽  
Scope Of Application

This commentary focuses on Article 3.1.1 concerning the scope of application of the rules on validity in Chapter 3 of the UNIDROIT Principles of International Commercial Contracts (PICC). The PICC do not deal with invalidity arising from lack of capacity. The Official Comment states that the reason for the exclusion of capacity matters lies in their ‘inherent complexity’ and in the fact that they are treated in an ‘extremely diverse manner’ by domestic legal systems. The provision has been changed in the 2010 edition of the PICC. Ar 3.1 of the 2004 edition had also excluded invalidity arising from immorality or illegality from the scope of the PICC. These matters are now governed in Section 3.3 of the 2010 edition.

scholarly journals Insurer’s Duty to Obtain Information under the IDD Directive – Threat or Opportunity?

2020 ◽  
Vol 29 ◽  
pp. 23-33
Author(s):  
Olli Norros
Keyword(s):  
Downside Risk ◽  
Legal Systems ◽  
Comprehensive Information ◽  
National Jurisdiction ◽  
Scope Of Application ◽  
Upside Risk

Enacting Directive 2016/97, on insurance distribution (the IDD), has, inter alia, extended the scope of application of regulation, increased the requirements for expertise of the personnel of insurers and insurance intermediaries, and particularised the content of the duty to give information. One of the novelties in the IDD, with regard to the insurer’s duty to provide information, is the duty of the insurer to obtain information from the customer for enabling fulfilment of its own duty to give information. Before the IDD, the balance between the insurer’s duty to give information and the customer’s duty to become acquainted with the information received was customarily understood in many legal systems such that the insurer is obligated to supply comprehensive information on its insurance products in an understandable form while the customer bears the risk of selecting correct and sufficient insurance in reliance on the information received. In other words, the insurer is liable in respect of the information as such, but the customers accept a risk of applying the information incorrectly in their specific circumstances. This background gives rise to the following questions, examined in the article: 1) What is the legislative background of the new duty to obtain information, and what are the objectives behind it? 2) What are the consequences of neglecting this duty? 3) What is the ‘upside risk’ of the reform? That is, in what kinds of cases could the new duty improve matters? 4) What is the ‘downside risk’? In other words, might the new duty cause any problems? The article provides analysis focused on the IDD itself rather than on any national jurisdiction in which the directive has been implemented.

Kofin Al Midat S'dom: Jewish Law's Concept of Abuse of Rights

1980 ◽  
Vol 15 (1) ◽  
pp. 49-78 ◽  
Author(s):  
Shmuel Shilo
Keyword(s):  
Legal System ◽  
Jewish Law ◽  
Legal Systems ◽  
Legal Rules ◽  
The Right To Privacy ◽  
System A ◽  
Legal Principle ◽  
Scope Of Application ◽  
The Right ◽  
Made In

The Jewish legal system's concept ofKofin al midat S'dom(kofin, in this essay) is a rule of equity whose scope of application is almost without parallel in other legal systems. Strict translation of this phrase, which is “one is compelled not to act in the manner of Sodom” is not very helpful. The rule is interpreted to mean that if A has a legal right and the infringement of such right by B will cause no loss to A but will remove some harm from, or bring a benefit to B, then the infringement of A's right will be allowed. Such a concept at once brings to mind the modern view concerning abuse of rights. There is, in fact, much in common between the two principles but they are certainly not the same. According to one legal system a certain given fact situation can have the legal principle of abuse of rights applied to it, while in another legal system a different rule of law would be resorted to. To illustrate: In certain jurisdictions the right to privacy is based on the concept of abuse of rights, while in others, as is the case in Jewish law, such a right is independent of the equivalent abuse of rights—kofin. So with other rights such as the right to light or unfair trade competition. An attempt will be made in this essay to show the range and the limits of thekofinprinciple. We will discuss those problems which are dealt with within the framework ofkofineven if their non-Jewish parallel is one which is far from the concept of abuse of rights. Conversely, we will not examine those questions which, in other legal systems, fall within the ambit of abuse of rights but are not looked upon, in Jewish law, as problems to which the rule ofkofinis to be applied, since they have been solved by other legal rules.

Suicide-Related Crimes in Contemporary European Criminal Laws

Crisis ◽  
1997 ◽  
Vol 18 (1) ◽  
pp. 35-47 ◽  
Author(s):  
Ilkka Henrik Mäkinen
Keyword(s):  
Suicide Prevention ◽  
Suicide Mortality ◽  
Legal Systems ◽  
Cultural Attitudes ◽  
Public Opinions ◽  
Suicide Rates ◽  
Narrow Scope ◽  
National Affair ◽  
Attitudes Towards Suicide ◽  
Special Circumstances

This article describes suicide-related penal legislation in contemporary Europe, and analyzes and relates the results to cultural attitudes towards suicide and to national suicide rates. Data were obtained from 42 legal entities. Of these, 34 have penal regulations which - according to definition - chiefly and directly deal with suicide. There are three main types of act: aiding suicide, abetting suicide, and driving to suicide. The laws vary considerably with regard to which acts are sanctioned, how severely they are punished, and whether any special circumstances such as the motive, the result, or the object can make the crime more serious. Various ideologies have inspired legislation: religions, the euthanasia movement, and suicide prevention have all left their mark. There are some cases in which neighboring legal systems have clearly influenced laws on the topic. However, the process seems mostly to have been a national affair, resulting in surprisingly large discrepancies between European legal systems. The laws seem to reflect public opinions: countries which punish the crimes harder have significantly less permissive cultural attitudes towards suicide. Likewise, suicide rates were significantly higher in countries with a narrow scope of criminalization and milder punishments for suicide-related crimes. The cultural and normative elements of society are connected with its suicide mortality.

Tasks of computer graphics under conditions of fundamentalization of preparation of an informatics teacher

2020 ◽  
pp. 57-63
Author(s):  
Ye. Yi. Bidaibekov ◽  
V. V. Grinshkun ◽  
S. N. Koneva
Keyword(s):  
Computer Graphics ◽  
Basic Principle ◽  
Fundamental Component ◽  
The Future ◽  
Scope Of Application ◽  
Education Training ◽  
Mathematical Foundations

The article deals with computer graphics tasks related to the activities of the future informatics teacher in conditions of fundamentalization of education. Training of future informatics teachers in the context of the fundamentalization of education requires them to know the range of tasks related to computer graphics and the skills to solve them. In order to enhance the fundamental component of computer graphics, methods are proposed that rely on interprandial communications, as well as on in-depth training of computer graphics. In the course of reasoning, the authors come to the conclusion that the content of computer graphics should be enriched with mathematical foundations of computer graphics and as a result update the content of the computer graphics course with machine graphics algorithms. The basic principle of selecting the content of the course offered is the principle of the fundamentalization of education. Since the scope of application of computer graphics is extensive, in our opinion, the system of tasks and tasks on computer graphics is the most interesting. A feature of this system is the orientation towards solving fundamental problems of computer graphics. It was also revealed during the study that it is possible to reduce the tasks of the proposed system to a certain sequence of stages. The application of stages for a certain type of tasks affects the methods of solving them. Thus, the fundamental training of future informatics teachers in computer graphics requires them to know these stages and methods of solving fundamental computer graphics tasks.

Convergence of Corporate Governance Models

2004 ◽  
pp. 129-140 ◽  
Author(s):  
M. Tretyakov
Keyword(s):  
Corporate Governance ◽  
Institutional Environment ◽  
Driving Forces ◽  
Commodity Markets ◽  
Legal Systems ◽  
National Institutions ◽  
Governance Models ◽  
Changing Role

The article focuses on the analysis of the process of convergence of outsider and insider models of corporate governance. Chief characteristics of basic and intermediate systems of corporate governance as well as the changing role of its main agents are under examination. Globalization of financial and commodity markets, convergence of legal systems, an open exchange of ideas and information are the driving forces of the convergence of basic systems of corporate governance. However the convergence does not imply the unification of institutional environment and national institutions of corporate governance.

New minorities, old instruments? Diversity governance from the perspective of minority rights

2016 ◽  
Vol 13 (2) ◽  
pp. 178-192
Author(s):  
Roberta Medda-Windischer
Keyword(s):  
International Law ◽  
Minority Groups ◽  
Minority Rights ◽  
Minority Protection ◽  
Common Definition ◽  
National Minorities ◽  
Scope Of Application

In international law, minority rights instruments have been traditionally conceived for, and applied to, old minority groups with the exclusion of new minority groups originating from migration. Yet, minority groups, irrespective of their being old or new minorities, can be subsumed under a common definition and have some basic common claims. This allows devising a common but differentiated set of rights and obligations for old and new minority groups alike. This paper argues that the extension of the scope of application of legal instruments of minority protection, such as the Framework Convention for the Protection of National Minorities (FCNM), is conceptually meaningful and beneficial to the integration of new minorities stemming from migration. 

A Comparative Overview of the Fair Wear and Tear Exception: the Duty of Holders of Temporary Interests to Preserve Property

2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina
Keyword(s):  
Common Core ◽  
Complete Solution ◽  
Roman Law ◽  
Private Ownership ◽  
Legal Systems ◽  
Personal Rights ◽  
Wear And Tear ◽  
Long Life ◽  
The Law ◽  
The Relationship

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.

The Evolution of a Nation

2011 ◽  
Author(s):  
Daniel Berkowitz ◽  
Karen B. Clay
Keyword(s):  
Political Competition ◽  
Common Law ◽  
Civil Law ◽  
Legal Institutions ◽  
Colonial History ◽  
Legal Systems ◽  
Water Transportation ◽  
Long Run ◽  
Access To Water ◽  
Late Twentieth

Although political and legal institutions are essential to any nation's economic development, the forces that have shaped these institutions are poorly understood. Drawing on rich evidence about the development of the American states from the mid-nineteenth to the late twentieth century, this book documents the mechanisms through which geographical and historical conditions—such as climate, access to water transportation, and early legal systems—impacted political and judicial institutions and economic growth. The book shows how a state's geography and climate influenced whether elites based their wealth in agriculture or trade. States with more occupationally diverse elites in 1860 had greater levels of political competition in their legislature from 1866 to 2000. The book also examines the effects of early legal systems. Because of their colonial history, thirteen states had an operational civil-law legal system prior to statehood. All of these states except Louisiana would later adopt common law. By the late eighteenth century, the two legal systems differed in their balances of power. In civil-law systems, judiciaries were subordinate to legislatures, whereas in common-law systems, the two were more equal. Former civil-law states and common-law states exhibit persistent differences in the structure of their courts, the retention of judges, and judicial budgets. Moreover, changes in court structures, retention procedures, and budgets occur under very different conditions in civil-law and common-law states. This book illustrates how initial geographical and historical conditions can determine the evolution of political and legal institutions and long-run growth.

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