Product Liability and the Conflict of Laws

2020 ◽  
Author(s):  
Duncan Fairgrieve ◽  
Richard Goldberg
Keyword(s):  
Legal System ◽  
Product Liability ◽  
Specific Aspect ◽  
Private Law ◽  
General Sense ◽  
Conflict Of Laws ◽  
The Subject ◽  
Specific Sense

The conflict of laws is one of the names given to the subject that deals with the resolution of private law disputes between private law parties where the facts have a connection to more than one legal system. Such situations arise frequently in product liability. For example, a product is assembled in State A using different components manufactured in States B, C, and D. Alternatively, a product is manufactured in State A, placed upon the market in State B, and consumed by the purchaser in State C, causing him injury which requires treatment in State D. In product liability litigation the fact that there are foreign issues means that a lawyer presented with such a case by the claimant must consider additionally three basic and interrelated questions. First, can the desired court hear the case the claimant would present to it? This is the jurisdiction question. If the answer is ‘No’, the claimant’s case will not proceed in that forum but may be able to be presented in another forum. If the answer is ‘Yes’, this means that the rules of jurisdiction may allow the claimant’s case to proceed as desired. The question of jurisdiction has a general and a specific aspect: the court must have the jurisdiction to hear the claim considered both in a general sense and in the specific sense involving the specific parties that the claimant would involve in the litigation he hopes to conduct before it.

scholarly journals Somaestetyka i gastronomia. Kilka myśli o sztuce jedzenia

2018 ◽  
Vol 21 (2) ◽  
pp. 31-41
Author(s):  
Richard Shusterman
Keyword(s):  
General Sense ◽  
Complex Processes ◽  
Symbolic Meanings ◽  
Nutritional Qualities ◽  
The Subject ◽  
Third Dimension ◽  
Specific Sense

Somaestetyka i gastronomia Kilka myśli o sztuce jedzeniaRozpatrując estetykę gastronomii, można skupić się na co najmniej trzech odrębnych, choć powiązanych nawzajem elementach. Pierwszym są złożone procesy, doświadczenia i  względy cele i  kryteria przygotowywania pożywienia, do których zaliczyć można dbałość o  sposób podawania jedzenia na talerzu i  stole. Drugim elementem są obiekty spożywcze, jako takie, rozważane pod kątem swych własności — nie tylko w  sensie właściwości odbieranych przez różne narządy zmysłów, lecz także w  sensie szerszych społecznych i  symbolicznych znaczeń pokarmów, a  wśród nich ich wartości odżywczych. Trzecim elementem są rozmaite procesy składające się na konsumpcję pożywienia. Ten trzeci wymiar gastronomii dotyczący spożywania jedzenia można rozumieć jako sztukę jedzenia w  bardziej specyficznym sensie węższym od ogólnego pojęcia sztuki gastronomicznej. To na sztuce jedzenia właśnie skupia się mój artykuł. Co odróżnia zwykły akt jedzenia od sztuki jedzenia? Jakie cechy musi mieć podmiot praktykujący jedzenie jako wyrafinowaną sztukę i  jakim wartościom służy sztuka jedzenia? Jakie elementy przynależą do sztuki jedzenia i  w  jakie sposoby sztuka ta angażuje somatyczny podmiot, wymagając somatycznych umiejętności i  wrażliwości? Jak do lepszego zrozumienia sztuki jedzenia może przyczynić się somaestetyka? W  moim artykule staram się odpowiedzieć na te pytania. Somaesthetics and gastronomy: Reflections on the art of eatingIn considering the aesthetics of gastronomy, one can focus on at least three distinct, though related, elements. First, the complex processes, experiences, and considerations aims and criteria in preparing food, which can include also the preparations for the presentation of food on the plate and table; second, the food objects themselves in terms or their qualities — not only the qualities they present to our various senses but also in terms of their larger social and symbolic meanings which can also include meanings related to nutritional qualities; and third, the various processes involved in the consumption of the food. This third dimension of gastronomy, which concerns the ingestion of food, can be construed as the art of eating in the narrower, more specific sense rather than its general sense of gastronomical art, and it is the focus of my paper. What distinguishes the mere act of eating from an art of eating? What qualities are demanded of the subject who practices eating as a  refined art and what values does the art of eating serve? What are the different elements of the art of eating, and what are the different ways in such art engages the somatic subject and requires somatic skill and sensitivity? How can somaesthetics contribute to a  better understanding of the art of eating? My paper addresses these questions.

scholarly journals Prawo żeglarskie – pytanie o status dyscypliny i program badań

2019 ◽  
pp. 243-255
Author(s):  
Kamil Zeidler
Keyword(s):  
Legal System ◽  
Human Activities ◽  
Maritime Transport ◽  
Private Law ◽  
Public And Private ◽  
Legal Provisions ◽  
Legal Principle ◽  
General Clause ◽  
The Subject ◽  
Offshore Sailing

The traditionally established divisions of law are currently subject to modification occurring in line with the phenomenon of regulating more and more human activities. While the division between public and private law, as well as the catalog of legal branches is still quite stable, more specific areas of law are visible, indicated mostly according to their subject. Sailing law (also called boating law) is the case. The collectivity of norms regulating offshore sailing is most often referred to as maritime law (lex generalis), and it covers norms regulating sailing, i.e. sailing law (lex specialis). however, sailing is subject to very complex and heterogenous regulations. The article lists the most significant legal provisions in practice. more aspects of sailing can be included and specified as indicated in the article. each aspect mentioned above may require going beyond the legal system due to the general clause referring to the best maritime practices. This helps us to realize that sailing law can be divided into sets of theoretical aspects pertaining to the creation of the theory of sailing law. It all reflects the complexity and beauty of sailing law. It is not a branch of law. however, due to the subject of its applicability and the specificity of sailors, it is an area of law ensuring safety on the water. This precaution has the nature of a legal principle justifying and being the basis for most of the regulations applicable to maritime transport, therefore, also sailing.

The Remembered Anthropologist: Engaging with the Insights of M. N. Srinivas

2020 ◽  
Vol 69 (2) ◽  
pp. 224-240
Author(s):  
Nita Mathur
Keyword(s):  
Social Sciences ◽  
Nation Building ◽  
Sociological Research ◽  
Contemporary Society ◽  
Social Anthropology ◽  
General Sense ◽  
Wide Range ◽  
The World ◽  
Village Studies ◽  
Specific Sense

The plethora of M. N. Srinivas’s articles and books covering a wide range of subjects from village studies to nation building, from dominant caste in Rampura village to nature and character of caste in independent India, and from prospects of sociological research in Gujarat to practicing social anthropology in India have largely influenced the understanding of society and culture for well over five decades. Additionally, he meticulously wrote itineraries, memoirs and personal notes that provide a glimpse of his inner being, influences, ideologies, thought all of which have inspired a large number of and social anthropologists and sociologists across the world. It is then only befitting to explore the major concerns in the life and intellectual thought of one whose pioneering contributions have been the milestones in the fields of social anthropology and sociology in a specific sense and of social sciences in India in a general sense. This article centres around/brings to light the academic concerns that Srinivas grappled with the new avenues of thought and insights that developed consequently, and the extent of his rendition their relevance in framing/understanding contemporary society and culture in India.

Legal Fictions in Private Law

2022 ◽  
Author(s):  
Liron Shmilovits
Keyword(s):  
Legal System ◽  
Comprehensive Analysis ◽  
Private Law ◽  
History Of ◽  
The Law ◽  
Legal Fictions

Legal fictions are falsehoods that the law knowingly relies on. It is the most bizarre feature of our legal system; we know something is false, and we still assume it. But why do we rely on blatant falsehood? What are the implications of doing so? Should we continue to use fictions, and, if not, what is the alternative? Legal Fictions in Private Law answers these questions in an accessible and engaging manner, looking at the history of fictions, the theory of fictions, and current fictions from a practical perspective. It proposes a solution to what to do about fictions going forward, and how to decide whether they should be accepted or rejected. It addresses the latest literature and deals with the law in detail. This book is a comprehensive analysis of legal fictions in private law and a blueprint for reform.

scholarly journals THE IMPLICATION OF DEFINING REFUGEE IN INDONESIAN IMMIGRATION LEGAL SYSTEM

2018 ◽  
Vol 1 (1) ◽  
pp. 63-72
Author(s):  
Anindito Rizki Wiraputra
Keyword(s):  
Foreign Policy ◽  
Legal System ◽  
Asylum Seekers ◽  
Immigration Law ◽  
Policy Perspective ◽  
Law System ◽  
Presidential Decree ◽  
The Subject ◽  
Handling Methods ◽  
Definition Of

Indonesia as a country which did not ratify UN Convention 1951 on Status of Refugees and Protocol 1967,  issued a Presidential Decree No.125/2016 on Handling Overseas Refugee in addressing the issues of  foreign nation subject who intend to seek refuge by passing through Indonesian territory, generally aiming  to seek refuge in Australia. These foreign nation subject introduced as “refugee” by media although the  subject is unrecognized by Indonesian immigration law system. Indonesian immigration law only recognize  subject as a person who enter or leave Indonesian territory by legal or illegal means. The definition of  Refugee on Presidential Decree No.125/2016 is the first definition of the subject in Indonesian legal system,  refers to both Refugee and Asylum Seekers in UN Convention 1951, which supposed to have different  handling methods. Therefore, the implementation of Presidential Decree No.125/2016 leads to different  understanding in immigration and foreign policy perspective on Refugee subject.   

scholarly journals Obce przepisy wymuszające swoje zastosowanie. Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 18 października 2016 r. w sprawie C-135/15 Republika Grecji przeciwko Grigoriosowi Nikiforidisowi

2019 ◽  
Vol 25 ◽  
pp. 91-106
Author(s):  
Arkadiusz Wowerka
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Rules ◽  
Article 9 ◽  
The Subject ◽  
Academic Discussion ◽  
Substantive Law ◽  
Rome I

This commentary examines the judgement of the CJEU of 18 October 2016 in case C-135/15 Republik Griechenland v. Grigorios Nikiforidis. The judgement in question concerns the issue of treatment of foreign overriding mandatory provisions under the Article 9(3) of Regulation No 593/2008. This topic is the subject to a great deal of controversy and academic discussion. The ECJ concluded that the mentioned provision must be interpreted as precluding overriding mandatory provisions other than those of the State of the forum or of the State where the obligations arising out of the contract have to be or have been performed from being applied, as legal rules, by the court of the forum, but as not precluding it from taking such other overriding mandatory provisions into account as matters of fact in so far as this is provided for by the national law that is applicable to the contract pursuant to the Regulation. This interpretation is not affected by the principle of sincere cooperation laid down in Article 4(3) TEU. In this respect the judgement of CJEU brings significant clarification on the question, whether a court of the forum can have regard to foreign overriding mandatory provisions, which do not belong to the legal system of the country of performance of the contract on the level of the applicable substantive law. However, there are still questions arising under Article 9(3) of Rome I Regulation, which need to be clarified.

scholarly journals Juridische Soziologien

2021 ◽  
Author(s):  
Doris Schweitzer
Keyword(s):  
19Th Century ◽  
Max Weber ◽  
Emile Durkheim ◽  
Private Law ◽  
Social Phenomenon ◽  
Problematic Relationship ◽  
Legal Perspective ◽  
The Face ◽  
The Subject ◽  
The 19Th Century

Why did the subject of law play a central role in sociology as it emerged? And why is this no longer the case today? This study explains this transformation of the sociological interest in law by means of a genealogical investigation into the mutual references between the jurisprudence of private law and sociology: the way in which, from a legal perspective starting in the 19th century, law has been addressed as a social phenomenon in the face of concrete problems is reflected in the early sociologies of Émile Durkheim, Ferdinand Tönnies and Max Weber. This has led to a mutual demarcation, which places law and sociology in a problematic relationship to each other for the future.

scholarly journals LEGAL NATURE OF INTERNATIONAL PRIVATE LAW AND ITS PLACE IN LEGAL SYSTEM.

2016 ◽  
Vol 4 (9) ◽  
pp. 1526-1531
Author(s):  
RakhmankulovaNilufar Khoja-Akbarovna. ◽  
Keyword(s):  
Legal System ◽  
Private Law ◽  
Legal Nature ◽  
International Private Law

scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

scholarly journals Guilty of using Google: Reconciling the right to a fair trial with the right to freedom of expression and addressing juror misconduct in the age of social media

2021 ◽  
Author(s):  
◽  
Emma Jane Smith
Keyword(s):  
Social Media ◽  
Legal System ◽  
Freedom Of Expression ◽  
Fair Trial ◽  
Communications Technology ◽  
Independent Research ◽  
The Subject ◽  
The Law ◽  
The Right

<p>It is widely accepted that the right to a fair trial is one of the most important guarantees contained within our legal system. That right is undermined when a jury member conducts his or her own research into a case. This type of juror misconduct constitutes contempt of court. In the light of the fact that the law of contempt is currently the subject of review in a number of jurisdictions, this paper considers how the law of contempt could be adapted to better manage the risk of jurors undertaking independent research. After a discussion of the current law and some problems with it, particularly those created by modern communications technology, this paper considers a number of possible reform options. It makes two broad recommendations. First, that the law should focus relatively more on preventing jurors undertaking their own research than on limiting publication. Second, that independent research by jurors should be the subject of statutory criminalisation, and a range of measures should be adopted to increase jurors’ understanding of the importance of not going outside the evidence before them and to minimize any incentives for jurors to conduct their own research.</p>

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