scholarly journals Conflict between Children’s Autonomy and Protection in Healthcare. Comparative Study between Spanish and Belgian Law

2019 ◽  
Vol 26 (4) ◽  
pp. 289-307
Author(s):  
Leyre Elizari Urtasun

Abstract This article addresses the autonomy of children and adolescents in healthcare decisions, focusing on those ones that might entail a risk to the child’s life or health, especially when a medical intervention is refused. In these cases, a conflict between the recognition of the autonomy of the child and his or her protection arises, and various legal systems solve it in different ways. This study examines this issue from a comparative perspective between Belgian and Spanish laws, taking into account that the latter was rewritten in 2015 to leave out all underage patients’ decisions that could constitute a risk for their life or health.

2017 ◽  
Vol 4 (2) ◽  
pp. 176-203
Author(s):  
Christina Zournatzi

This paper brings together a comparative study alongside expert analysis of the most important International Maritime Conventions of interest to two European Member States with extensive and significant maritime traditions, Italy and Greece. Initially the general legal framework of these two States with civil law systems is pointed out, followed by an analysis of the most influential and eminent maritime Conventions that have been implemented in the States’ legal systems. The Conventions on salvage, arrest of ships, maritime liens and mortgages and limitation of liability are considered and scrutinised. The methods and the legislative actions that the States adopted for the International rules to become part of their national legislative systems are examined thoroughly.


2019 ◽  
Vol 59 (2) ◽  
pp. 127-170
Author(s):  
Constance Arminjon

AbstractIn a comparative perspective, this article analyses the doctrinal debates that arose in Sunni and Shi’ite Islam after the adoption of the Universal Declaration of Human Rights in 1948. During a couple of decades this text hardly brought about any response in Islam. From the 1980s onwards, an increasing number of prominent thinkers started confronting their legal tradition to that from which human rights derive. While comparing both legal systems, they contribute to major and contrasting developments in contemporary Islamic legal thought.


Author(s):  
Tom Moring ◽  
Catharina Lojander-Visapää ◽  
Andrea Nordqvist ◽  
Laszlo Vincze ◽  
Nadja Mänty

This paper presents some preliminary results from acomparative study of interrelations between identity (in terms of subjectively identified identity); media (in terms of completeness in supply); media use (in terms of choice of language); and EV among bilingual speakers of autochthonous minority languages. It builds on studies that are carried out among German speakers in South Tyrol, Hungarian speakers in Romania and Swedish speakers in Finland, combining institutional analysis and quantitative surveys in a comparative perspective


2021 ◽  
Author(s):  
Camila Menezes Costa Castelo Branco ◽  
Gloria Maria Pimenta Cabral ◽  
Alix Maria Gregory Sawaya Castro ◽  
Ana Cristina Fernandes Maria Ferreira ◽  
Carlos Felipe Bonacina ◽  
...  

2016 ◽  
Vol 5 (1) ◽  
pp. 1-13
Author(s):  
Hamed Alavi

Abstract Article 4 of the Unified Customs and Practices of Documentary Letters of Credit establishes the notion of autonomy principle by separating credit from underlying contract between account party and beneficiary. Article 5 by recognizing the autonomy principle confirms that effectuate the payment under credit, banks only deal with documents and not with goods. As a result, while documentary letters of credit are meant to facilitate the process of international trade, their sole dependency on compliance of presented documents to bank by beneficiary to actualize the payment will increase the risk of fraud and forgery in the course of their operation. Interestingly, UCP (currently UCP600) takes a silent status regarding the problem of fraud in international LC operation and leaves the ground open for national laws to provide remedies to affected parties by fraudulent beneficiary. National Laws have different approaches to the problem of fraud in general and fraud in international LC operation in particular which makes the access of affected parties to possible remedies complicated and difficult. Current paper tries to find answer to the questions of (i) what available remedies are provided to affected parties in international LC fraud by different legal systems? (ii) And what are conditions for benefiting from such remedies under different legal systems? In achieving its objective, paper will be divided in two main parts to study remedies provided by intentional legal frameworks as well as the ones offered by national laws. Part one will study the position of UCP and UNCITRAL Convention on Independent Guarantees and Standby Letters of Credit (UNCITRAL Convention) and remedies, which they provide to LC fraud in international trade. Part two in contrary will study available remedies to LC fraud and condition for access them under English and American legal system.


2013 ◽  
Vol 47 (1) ◽  
pp. 47-53 ◽  
Author(s):  
Tara Walker ◽  
Hunna J. Watson ◽  
David J. Leach ◽  
Julie McCormack ◽  
Karin Tobias ◽  
...  

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