Ch.9 Assignment of rights, transfer of obligations, assignment of contracts, s.1: Assignment of rights, Art.9.1.4

Author(s):  
Mazza Francesca

This commentary analyses Article 9.1.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning partial assignment. Art 9.1.4 recognizes the economic need for assigning part of a right. Taking into account the underlying rationale of Section 9.1 of the PICC that the assignment should not burden the obligor, Art 9.1.4 draws a distinction between a right to the payment of a monetary sum and a right to other performance. According to this provision, a right to the payment of a monetary sum may be assigned partially. A right to other performance may be assigned partially only if it is divisible, and the assignment does not render the obligation significantly more burdensome. This commentary discusses the right to the payment of a monetary sum, right to other performance, the divisibility of a right, the additional burden that a partial assignment may put on the obligor, and the effects of partial assignment on the obligee and obligor.

Author(s):  
Mazza Francesca
Keyword(s):  

This commentary analyses Article 9.1.15 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the undertakings of the assignor with respect to the assignee. According to Art 9.1.15, the assignor undertakes that the assigned right exists at the time of the assignment. This is not the case if, for instance, the contract from which the purported right arises had never been concluded or was void, or had previously been avoided. Similarly, if the obligor had already performed its obligation, the right would no longer exist. If a future right is assigned, no such undertaking exists. Rather, the assignee takes the risk that the future right never comes into existence. This commentary discusses the rule which entitles the assignor to assign the right, assert against the assignee all the defences that the obligor would have been able to assert against the assignor, the right of set-off against the assignee if it was available to the obligor before the notice of assignment of a right was received, and reimbursement of payment by the obligor.


2014 ◽  
Vol 631-632 ◽  
pp. 952-957
Author(s):  
Ping Zhu ◽  
Mu Yao Lu

This Paper analyzes security issues during the process of the right transfer, sums up the basic needs during the transfer and the defects of existing rights transfer, and puts forward the right transfer program based on double HASH chain, which achieves the transfer of the digital right under the control of HASH Distance and meta-rights. Security analysis shows that the authentication, integrity, confidentiality, and impartiality of the program are well guaranteed.


GeoTextos ◽  
2012 ◽  
Vol 8 (1) ◽  
Author(s):  
Jesiel Souza Silva ◽  
José Maria Gusman Ferraz

As comunidades quilombolas mantêm, ainda hoje, práticas centenárias trazidas por seus ancestrais do continente africano. Essas práticas, além de culturais, dizem respeito à religiosidade, à política e às formas de produção, envolvendo técnicas agrícolas, formas de manejo do solo, formas de plantio, se constituindo em uma íntima relação dessas comunidades com o ambiente em que estão inseridas, a partir do desenvolvimento de técnicas conservacionistas e utilização racional dos recursos naturais, garantindo desta forma a manutenção da biodiversidade, para utilização das gerações futuras. Suas conquistas passaram automaticamente pelo período de redemocratização do país, no qual o movimento negro e lideranças das comunidades quilombolas intensificaram a luta por direitos que garantissem a cidadania a essas comunidades. O objetivo deste artigo, parte da dissertação de mestrado de um dos autores sobre o tema, é analisar as conquistas advindas desses movimentos, que garantiram o início de seus direitos quando envolvidos nos processos de elaboração da Constituição de 1988, asseguraram o direito à preservação de sua identidade e cultura, bem como o direito à titulação das terras ocupadas por vários anos por um povo que se contrapôs ao regime escravocrata e constituiu um novo modelo de sociedade e relação social. Abstract LAND ISSUE: THE LAND AS A SOCIAL AND ECONOMIC NEED FOR THE QUILOMBOLA REPRODUCTION The maroon communities keep alive, even today, centenary practices brought by their ancestors from Africa. These practices, besides cultural, relate to the religiosity , politics and forms of production, involving agricultural techniques, forms of soil management, planting forms, becoming in an intimate relationship of these communities with the environment in which they are inserted, starting from the development of conservationist techniques and rational use of natural resources, thus ensuring the maintenance of biodiversity for the benefit of future generations. Their achievements had passed automatically for a period of democratization of the country in which the black movement and leaderships of Quilombolas communities had intensified the fight for rights that would guarantee citizenship to these communities. The aim of this paper is to analyze the achievements that occurred from these movements that ensured the beginning of their rights when involved in the process of elaboration of the Constitution of 1988, they ensured the right to preserve their identity and culture, as well as the right of title deed of occupied lands by several years by a people who was opposed to the slave regime and formed a new model of society and social relations.


2009 ◽  
pp. 149-165 ◽  
Author(s):  
Milos Blagojevic

The chrysobulls issued by the Bulgarian emperor Constantine Tich (1238), and by the Serbian king Milutin (1299) authenticated all the estates and privileges of the St. George monastery near Skopje. From these chrysobulls one learns how, during the XI, XII and XIII centuries, the monastery acquired diverse gifts from some ten Byzantine emperors, four Bulgarian emperors, and four Serbian kings or rulers. Both the Bulgarian and the Serbian documents mention a large number of matching expressions that indicated the obligations of the subjugated peasants (serfs), criminal offences and judicial penalties and one sees the same titles for the representatives of all local authorities. Greek and Slav words were used as special terms. It was attested a long time ago that the Greek expressions originated in Byzantium and that they were taken from the rich Byzantine terminology. All of this occurred when Skopje and its vicinity were under stable Byzantine rule in the course of the decades and centuries, and, more substantially, when it was an integral part of the large Byzantine thema of Bulgaria. The case is different where Slav terms are concerned. They originated within the borders of the Bulgarian or the Serbian state, or they may have come into being as the Slav translation of some Greek expressions. The presence of Greek and Slav terms in the Bulgarian and the Serbian documents did not escape the notice of scholars and they have succeeded in accurately explaining most of them. Still, there are no adequate interpretations for some terms, and the inaccurate explanations given for a number of expressions have nonetheless become accepted in professional literature. This paper devotes particular attention, concerning the aforesaid problem circle, to the appearance of the word desetak (tithe) both in the district of Skopje and in the Serbian mother territories, then, to the specific meaning of the term carina (customs duty) to the appearance of mostnina or the toll for transit across bridges, the mistaken explanation of the term udava, as well as the differences between priselica and preselica. Researchers established long ago that peasants in Byzantium paid tithes in wheat, wine, sheep, pigs and honey, either in kind or in coin. This paper explains that tithes in honey or in beehives, during the XII century, were also paid by peasants in the Serbian mother territories that were never under direct Byzantine rule nor did they ever constitute a part of any Byzantine thema. The same applies to the payment of mostnina in Polimlje (the Lim River Basin), also in the XII century, which can be explained by the Byzantine influence that penetrated in diverse ways into the Serbian mother territories. The paper sheds light on the special meaning of the term carina, as well as its widespread use. At issue was a land that consisted of fields, vineyards and orchards that were cultivated by subjugated peasants, on behalf of the ruler, nobility or boyars. These kinds of carina existed in the district of Skopje, and in the territory of Hum Konavle, in the district of Kotor, and along the Coast. The phenomenon of carina in these regions can be explained by the fact that they were part of the Byzantine themata of Bulgaria and Dalmatia. As for the manner of punishment known under the term udava, it was for a long time believed to be 'the arbitrary imprisonment because of a debt', that is 'the arbitrary court'. This misinterpretation has become deeply rooted in professional literature despite the fact that four decades ago, it was proved that the word udava implied punishment in summary court procedure, without trial or the presentation of evidence. For certain criminal offences, there were pre-determined penalties that were pronounced by the authorities of those times. This paper concludes with the explanation that the term priselica meant compensation for damage caused by bandits or thieves, and that priselica was not the same as preselica. The latter expression meant the temporary sojourn of a nobleman and his suite in a district that had been placed in his charge or 'possession'. The nobleman, his suite and their horses, to all intents and purposes, enjoyed the right to maintenance, which was an additional burden for the population of a certain district.


1997 ◽  
Vol 503 ◽  
Author(s):  
Carsten Henriksen

ABSTRACTThe accumulating damage to concrete structures during the last years has led to an increasing need for repair work.The need for concrete repairs is not likely to change in the future, not until all old concrete structures have been repaired or rehabilitated through preventive maintenance.Both repair and preventive maintenance of a concrete structure require economic investment, not only at present, but also in the future. A repair does not last forever and preventive measures (e.g. surface treatment) require regular maintenance. Society does not have unlimited resources for the repair and maintenance of concrete structures. Consequently, there is a need for optimization of the resources, i.e. using few resources in the best way at the right time.It is therefore necessary to base the repair/maintenance on technical and (in particular) economic evaluations.The following describes a model for evaluation of the technical and economic need for repair/maintenance of concrete structures.


Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
Author(s):  
Ika Rahma Wanti ◽  
Munsyarif Abdul Chalim

The law states that if a person has an excess of absent land then the land must be released or the sanction will be imposed. In fact, although this prohibition applies, the ownership or control of agricultural land in absente or drags is found in many sub-districts in kendal district, in the kendal district, there are many owners of agricultural land owned by persons or legal entities that are not only outside the kecamatan but sometimes Outside areas such as, Semarang city, and even those who are domiciled outside the province.The problems studied in this study are as follows: (1) how the concept of transition of absente land rights due to the heirs whose domicile heirs are outside the district area, (2) how the legal protection for the heirs of absente land owners who live outside District area.This study uses empirical juridical approach, empirical juridical approach in this research means that in analyzing the problem is done by combining legal materials (which is secondary data) with primary data obtained in the field.The results of this study indicate the following: (1) The ownership of Asbsentee land rights due to inheritance issues the right to the heirs to obtain the rights to the absentee land, and for the transition of absentee land to legal certainty, (2) Protection for the heirs of land owners Absentees residing outside the sub-district may occur if the inheritance has been in accordance with the legislation in the true sense of being the heir of the absentee landowner and the heirs residing outside the sub-district work on their own farmland.Keywords: Absente Land / Guntai, Heirs, Land Rights Transfer.


SMART ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 156-169
Author(s):  
Ardiyamsi Sarmoko Saridi ◽  
Yoga Setyo Wibowo ◽  
Era Anggela

In the Covid-19 pandemic era, all national to international aspects has been affected, including religious activities such as the implementation of Hajj and Umrah. Saudi Arabia through The Ministry of Hajj and Umrah only allows domestic pilgrims in 2020. This has caused the Indonesian Government to cancel Hajj departures, thus prolonging the queue of pilgrims in Indonesia. The Indonesian Ministry of Religion needs to adjust the Hajj and Umrah policies in the pandemic era, by designing a message communication strategy, innovation and Hajj mitigation for prospective pilgrims. Problems and challenges in communicating the message, including differences knowledge of prospective pilgrims regarding Hajj procedures, the dominance of elderly prospective pilgrims, education levels, and various demographic characteristics of socio-economic need to be considered. This article aims to describe the expectations of prospective pilgrims for the 2021 hajj departure and how the right model of communication, innovation and mitigation strategy for hajj and umrah during the pandemic. This research method uses a mix-method approach through a survey involving 1201 prospective pilgrims from 34 provinces in Indonesia using telesurvey methods and literature studies. This research found that prospective pilgrims have high expectations (9.17 from 10) for the 2021 Hajj departure. In communicating information related to the implementation of the hajj and umrah pilgrimages during the pandemic, the government needs to produce clear, meaningful, one narrative, empathetic, consistent and contextual message. In addition, it also build harmonization of communication through the family system between government institutions, as well as providing guidance related to health protocols and emotional support by hajj officers and scholars to prospective pilgrims who get cancelation on hajj departure.


Author(s):  
Mazza Francesca

This commentary analyses Article 9.1.14 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning rights related to the right assigned to the assignee. According to Art 9.1.14, the assignment of a right transfers to the assignee all the assignor's rights to payment or other performance under the contract in respect of the right assigned, as well as all rights securing performance of the right assigned. Art 9.1.14 is not restricted to what civil law systems would refer to as accessory rights. With respect to partial assignments, a distinction must be made between divisible rights and other rights. This commentary also discusses assignment that is contrary to a clause limiting or prohibiting assignment, along with mandatory rules and party autonomy relating to the assignee's rights to payment or other performance.


Author(s):  
Mazza Francesca

This commentary analyses Article 9.1.8 of the UNIDROIT Principles of International Commercial Contracts (PICC). According to Art 9.1.8, the obligor has a right to be compensated by the assignor or the assignee for any additional costs caused by the assignment. The additional costs for which the obligor claims compensation must be caused by the assignment of a right; that is, they must be a direct consequence of it. In particular, additional costs may be caused by the fact that performance has to be rendered at a different place or to more than one obligee in the case of a partial assignment. This commentary discusses additional costs relating to change of place of performance and partial assignments, as well as the obligor's right to choose to claim compensation from either the assignor or the assignee.


Author(s):  
En Chi Chen

Abstract. Although Turkey affirms the right to health regardless of citizenship status, as defined by the Declaration of Human Rights, there are gaps in the legislation and administration regarding the conditions for which an individual must fulfill as a Syrian refugee to access healthcare in Turkey ( Mardin, 2017 ). One of the greatest healthcare access barriers is not gaining status under the temporary protection regulation (TPR) as a Syrian refugee ( Mardin, 2017 ). Even after gaining status under the TPR, individuals are bound to the city in which they have registered and are designated, outside of which they are ineligible for healthcare ( Mardin, 2017 ). This limits the autonomy of the individual when making appropriate resettlement decisions within Turkey. This process also poses an additional burden on healthcare professionals to act as healthcare access “gatekeeper” ( Mardin, 2017 ). This policy brief seeks to outline both the challenges Syrian refugees face in accessing quality healthcare in Turkey and provide reformation suggestions to allow for a more streamlined approach. Furthermore, suggestions are made with consideration of lessening the burden of Turkey’s healthcare system as the host country.


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