scholarly journals Flexible Forms of Contracts: Transactions through Fictitious Settlements (ṣulḥ/muṣālaḥa) in Iran

2021 ◽  
Vol 64 (5-6) ◽  
pp. 864-893
Author(s):  
Christoph U. Werner
Keyword(s):  
Nineteenth Century ◽  
Present Contribution ◽  
Legal Concept ◽  
Settlement Of Disputes

Abstract In the second half of the nineteenth century, practitioners of law in Iran were looking for more flexibility in contractual forms, especially those used to conclude routine transactions of properties and services. They increasingly made use of a type of contract named muṣālaḥa-nāma, derived from the legal concept of ṣulḥ and defined primarily as a means to arrange the amicable settlement of disputes. The present contribution attempts to categorise the kind of transactions for which this universal contractual type could be employed and raises the question what advantages such a “new” contractual form might have entailed.

French Influences on Germany’s Commercial Courts in the Nineteenth Century

2020 ◽  
Vol 88 (3-4) ◽  
pp. 469-494
Author(s):  
Thomas Vogl
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Modern Literature ◽  
French Law ◽  
Present Contribution ◽  
Legal Situation ◽  
Starting Point ◽  
State Of Research ◽  
Further Development ◽  
Commercial Courts

Summary The present contribution explores the extent of influence which French law had on the development of Germany’s commercial courts in the nineteenth century. Modern literature describes this influence as marginal, yet without further proof. The author takes this state of research as a starting point to compare the Napoleonic legislation on commercial courts with the German commercial court systems of the nineteenth century. However, the present contribution will start with an overview of the German legal situation at the end of the eighteenth century. This is followed by an examination of whether French law was transferred to Germany during the French occupation of large parts of Germany at the beginning of the nineteenth century. Against this background it is possible to fully analyse the influence which French law had on the further development of German commercial courts.

scholarly journals URGENSI PENYELESAIAN SENGKETA PILKADA OLEH MAHKAMAH KONSTITUSI

2015 ◽  
Vol 4 (3) ◽  
Author(s):  
Ida Puspa Jaya Miha
Keyword(s):  
Dispute Resolution ◽  
Government Regulation ◽  
Descriptive Analysis ◽  
Constitutional Court ◽  
Local Elections ◽  
Legal Concept ◽  
Advantages And Disadvantages ◽  
The People ◽  
Voting System ◽  
Settlement Of Disputes

The rise of the disputed local elections assessed due to poor direct voting system that alwaysend with anarchic conflict. Direct voting system is briefly diverted to be chosen by the Houseof Representatives (DPR) through Law 22 of 2014 concerning Election of Governors,Regents and Mayors but this law received widespread rejection by the people so that thePresident issued Government Regulation in Lieu of Law No. 1 of 2014 which regulates thesame things that later passed into Law No. 1 of 2015. Article 157 paragraph (1) of Law No.8 of 2015 on the Amendment of Act No. 1 of 2015 mandates the establishment of a specialtribunal to deal with the settlement of disputes nationwide simultaneous election to be heldin 2027. If the judiciary is not yet formed, the implementation of election dispute resolutionmade by the Constitutional Court (MK). Based on the description above background, asfor the formulation of the problem to be studied is; What advantages and disadvantages ofthe establishment of a special judicial body which handles dispute resolution election? Andwhat is the urgency of the election dispute resolution by the Constitutional Court? This typeof research is a kind of normative legal research descriptive analysis using the approach oflegislation, the legal concept analysis approach, historical approach, and the approach ofcase law derived from the source material of primary, secondary and tertiary using a cardsystem as its legal material collection technique.The conclusion of this study is the establishment of a special judicial body has advantagesand disadvantages. The drawback is; unconstitutional existence of the judicial authoritiesfor not guided by Article 24 paragraph (1) of the 1945 Constitution and Article 27 paragraph(1) of Act 48 of 2009 on Judicial Power, the magnitude of the amount of the budget that willbe issued by the state to establish such institutions. The advantage is ease the burden on theMK, more focused and rapid election dispute resolution process.

scholarly journals Women, Violence, Sovereignty: “Rakshasa” Marriage by Capture in Modern Indian Political Thought

2021 ◽  
pp. 1-26
Author(s):  
Luna Sabastian
Keyword(s):  
Nineteenth Century ◽  
Political Thought ◽  
Hindu Nationalism ◽  
Legal Concept ◽  
Epic Hero ◽  
Sexual Contract ◽  
Women Violence

Nineteenth-century colonial jurists, sociologists, and Indian nationalists revived the ancient Indian legal concept of rakshasa marriage by bride capture after vanquishing her kinsmen, which the Hindu “lawgiver” Manu condemned but permitted to the warrior caste alone. Only the Kshatriyas, India's designated sovereigns, could break patriarchal and brahmanical authority in this way. But rakshasa marriage was also identified with the demon Ravana, who abducted Sita in the epic Ramayana, and with Hindu nationalism's Muslim enemy. Preoccupied with the loss of kshatriyahood, Hindu nationalism uniquely premised sovereignty on the power to dispossess enemy Fathers of their women: from Bankim Chandra Chattopadhyay's celebration of epic hero Arjuna and Krishna's own rakshasa marriages, to the appropriation of this supposedly Muslim method by the architect of Hindutva, Vinayak Damodar Savarkar (1883–1967). Transcending the “sexual contract” in the Indian case, rakshasa marriage's association of bride capture and miscegenation with sovereignty sheds new light on gendered Partition violence, beyond brahmanical notions of (defiled) purity and honor.

High-resolution observations of metastable γ’ precipitation in Al-15at.%Ag

1996 ◽  
Vol 54 ◽  
pp. 1004-1005
Author(s):  
N. V. Larcher ◽  
I. G. Solorzano
Keyword(s):  
Discontinuous Precipitation ◽  
Equilibrium Phase ◽  
Quantitative Description ◽  
Present Contribution ◽  
Α Phase ◽  
The Matrix ◽  
Aging Sequence ◽  
Matrix Precipitation ◽  
Considerable Detail ◽  
Kinetics Of

It is currently well established that, for an Al-Ag alloy quenched from the α phase and aged within the metastable solvus, the aging sequence is: supersaturated α → GP zones → γ’ → γ (Ag2Al). While GP zones and plate-shaped γ’ are metastable phases, continuously distributed in the matrix, formation of the equilibrium phase γ takes place at grain boundaries by discontinuous precipitation (DP). The crystal structure of both γ’ and γ is hep with the following orientation relationship with respect to the fee α matrix: {0001}γ′,γ // {111}α, <1120>γ′,γ, // <110>α.The mechanisms and kinetics of continuous matrix precipitation (CMP) in dilute Al-Ag alloys have been studied in considerable detail. The quantitative description of DP kinetics, however, has received less attention. The present contribution reports the microstructural evolution resulting from aging an Al-Ag alloy with Ag content higher than those previously reported in the literature, focusing the observations of γ' plate-shaped metastable precipitates.

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