Insanity and Divorce

1892 ◽  
Vol 38 (162) ◽  
pp. 378-382
Author(s):  
A. Wood Renton
Keyword(s):  
Critical Analysis ◽  
Historical Development ◽  
The Subject ◽  
The Law

In view of the interest which the subject is at present arousing, a critical analysis of the historical development of the law of insanity in its relation to divorce may be neither inopportune nor uninstructive.

Case Analysis: The Gabčíkovo-Nagymaros Case Seen in Particular From the Perspective of the Law of International Watercourses and the Protection of the Environment

1998 ◽  
Vol 11 (2) ◽  
pp. 287-320 ◽  
Author(s):  
Johan G. Lammers
Keyword(s):  
International Law ◽  
Critical Analysis ◽  
Case Analysis ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Rules And Principles ◽  
The Subject ◽  
State Succession ◽  
The Law

The subject-matter of this article is the Judgment of the International Court of Justice in the Gabčíkovo-Nagymaros case. Following an exposition of the relevant facts, it continues with a critical analysis of the Judgment of the Court. In addition to a brief analysis of the issues involving the law of treaties, the law of state responsibility, the law of state succession, and the treaty obligations of Hungary and Slovakia relating to the use of Danube water and the protection of its environment, it focuses on the rules and principles of general international law concerning the use of international watercourses and the protection of the environment that were applied by the Court in this case.

scholarly journals Governança corporativa e medidas preventivas contra a corrupção na administração pública: um enfoque à luz da Lei nº 13.303/2016

2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Cristiana Fortini ◽  
Ariane Shermam Morais Vieira
Keyword(s):  
Corporate Governance ◽  
Public Administration ◽  
Critical Analysis ◽  
Preventive Measures ◽  
Federal Law ◽  
The Subject ◽  
The Law ◽  
State Enterprises

<p><strong>GOVERNANÇA CORPORATIVA E MEDIDAS PREVENTIVAS CONTRA A CORRUPÇÃO NA ADMINISTRAÇÃO PÚBLICA: UM ENFOQUE À LUZ DA LEI nº 13.303/2016</strong></p><p><strong>Resumo:</strong> O papel desempenhado pela Lei Federal nº 13.303∕2016 no que tange as normas atinentes à governança corporativa e ao compliance no aprimoramento da gestão e transparência nas empresas estatais contribuindo com as iniciativas que visam à integridade e ao combate à corrupção na Administração Pública brasileira é o tema posto em debate, a partir da análise crítica das normas específicas da lei.</p><p><strong>Palavras-chaves:</strong> Administração Pública Indireta; Corrupção; Lei Federal n º 13.303∕2016; Governança Corporativa; Compliance.</p><p><strong>CORPORATE GOVERNANCE AND PREVENTIVE MEASURES AGAINST CORRUPTION IN PUBLIC ADMINISTRATION: A FOCUS ON LAW 13.303/2016</strong></p><p><strong>Abstract:</strong> The role played by Federal Law 13303/2016 regarding the norms related to corporate governance and compliance in the improvement of management and transparency in state enterprises contributing to the initiatives that aim at the integrity and the fight against corruption in the Brazilian Public Administration Is the subject of debate, based on a critical analysis of the specific norms of the law.</p><p><strong>Keywords:</strong> Indirect Public Administration; Corruption; Federal Law No. 13,303 / 2016; Corporate governance; Compliance.</p><p><strong>Data da submissão:</strong> 01/11/2016                   <strong>Data da aprovação:</strong> 01/12/2016</p>

scholarly journals Registered and bearer shares in England, other countries of Europe and the U.S.A.

1978 ◽  
Author(s):  
Φανή Δασκαλοπούλου
Keyword(s):  
Comparative Study ◽  
Insider Trading ◽  
Historical Development ◽  
Practical Reasons ◽  
Advantages And Disadvantages ◽  
The Future ◽  
The Subject ◽  
The Common ◽  
The Law

Registered and "bearer shares in different countries and the comparison of the different regimes which govern them is the subject of this thesis· The study of this subject aims at finding out the ways in which these forms of shares are used in each particularcountry, as well as pointing out the differences and similarities, both theoretical and practical, between the different legal systemsin this respect. An attempt is also made to find out whether the distinction between registered and bearer shares is clear-cuteverywhere and in all cases and, if not, how and why these two forms have come closer to each other or have sometimes even"merged" with each other. In the Introduction of the thesis the historical development of registered and bearer shares is followed and the common "intrinsic" characteristics of shares in different countries are sought. Specific fundamental questions are then examined in separate chapters. These questions are: a) sources of law and nature of shares in the countries examined b) forms of shares (registered, bearer or "certificates") in use in these countries c) methods of their transfer d) restrictions which may be imposed on theirtransferability and e) "insider trading" as a topic connected with registered and bearer shares and their transfer. Each chapter is complemented by a comparison of the ways in which the law in different countries deals with the same question. Finally in the Epilogue conclusions from the preceding comparative study are drawn and an appraisal of the practical advantages and disadvantages of registered end bearer shares is made, pointing to the fact that the distinction between these two forms of shares has lost, in practice, much of its sharpness today. Still, it maintains some meaning in specified cases and may, for practical reasons again, dc even more so in the future.

Rescission as a Self-Help Remedy: A Critical Analysis

2000 ◽  
Vol 59 (3) ◽  
pp. 509-543 ◽  
Author(s):  
Janet O'Sullivan
Keyword(s):  
Critical Analysis ◽  
Historical Development ◽  
Common Law ◽  
Third Party ◽  
Court Order ◽  
Self Help ◽  
Judicial Intervention ◽  
The Law ◽  
Conceptual Difficulties

Rescission (the process by which a voidable contract or other disposition is avoided) is frequently described as a remedy which can be effected both by judicial decree and by the act of the innocent party. This article seeks to explore the latter notion, that it is possible to rescind a contract or disposition by self-help means. It explains that the law is in some disarray, caused primarily by confusion between the dual historical development of rescission at law and in equity. Rescission was traditionally regarded as the act of the innocent party only for vitiating factors (such as fraud) actionable at common law, not those actionable in equity, but this separation was not maintained following the Judicature Acts. Moreover, there are practical and conceptual difficulties with the notion of rescission as a self-help remedy, both in the idea that rescission can be effected by the election of the innocent party without judicial intervention and that, even where judicial rescission is obtained, the court order is back-dated to the earlier date of the innocent party’s election. The principal difficulty arises when an executed or partly executed transaction is rescinded, for then there are restitutionary implications and implications for the security of third party title. The conclusion is that the notion of rescission as a self-help remedy serves only to confuse in the modern law of obligations and should be abandoned.

Planification: Potential and role in XXI century market economy

2016 ◽  
pp. 63-80 ◽  
Author(s):  
A. Buzgalin ◽  
A. Kolganov
Keyword(s):  
Economic Development ◽  
20Th Century ◽  
Market Economy ◽  
Critical Analysis ◽  
New Economy ◽  
Real Socialism ◽  
The Subject ◽  
Planning Institutions

The authors, basing on a critical analysis of the experience of planning during the 20th century in a number of countries of Europe and Asia, and also on the lessons from the economics of "real socialism", set out to substantiate their conclusions on the advisability of "reloading" this institution. The aim is to create planning mechanisms, suited to the new economy, that incorporate forecasting, projections, direct and indirect selective regulation and so forth into integral programs of economic development and that set a vector of development for particular limited spheres of what remains on the whole a market economy. New planning institutions presuppose a supersession of the forms of bureaucratic centralism and a reliance on network forms of organization of the subject and process of planning.

ИЗМЕНЕНИЕ ПАРАДИГМЫ МЕТОДОЛОГИИ ЮРИСПРУДЕНЦИИ

2019 ◽  
Vol 13 ◽  
pp. 32-40
Author(s):  
Ю. М. Оборотов
Keyword(s):  
Legal Theory ◽  
Research Strategy ◽  
The State ◽  
New Paradigm ◽  
Methodological Question ◽  
Modern Development ◽  
Decisive Importance ◽  
The Subject ◽  
Methodological Approaches ◽  
The Law

В современной методологии юриспруденции происходит переход от изучения состо­яний ее объекта, которыми выступают право и государство, к постижению этого объек­та в его изменениях и превращениях. Две подсистемы методологии юриспруденции, подсистема обращенная к состоянию права и государства; и подсистема обращенная к изменениям права и государства, — получают свое отображение в концептуальной форме, методологических подходах, методах, специфических понятиях. Показательны перемены в содержании методологии юриспруденции, где определяю­щее значение имеют методологические подходы, определяющие стратегию исследова­тельских поисков во взаимосвязи юриспруденции с правом и государством. Среди наи­более характерных подходов антропологический, аксиологический, цивилизационный, синергетический и герменевтический — определяют плюралистичность современной методологии и свидетельствуют о становлении новой парадигмы методологии юриспру­денции.   In modern methodology of jurisprudence there is a transition from the study the states of its object to its comprehension in changes and transformations. Hence the two subsystems of methodology of jurisprudence: subsystem facing the states of the law and the state as well as their components and aspects; and subsystem facing the changes of the law and the state in general and their constituents. These subsystems of methodology of jurisprudence receive its reflection in conceptual form, methodological approaches, methods, specific concepts. Methodology of jurisprudence should not be restricted to the methodology of legal theory. In this regard, it is an important methodological question about subject of jurisprudence. It is proposed to consider the subject of jurisprudence as complex, covering both the law and the state in their specificity, interaction and integrity. Indicative changes in the content methodology of jurisprudence are the usage of decisive importance methodological approaches that govern research strategy searches in conjunction with the law and the state. Among the most characteristic of modern development approaches: anthropological, axiological, civilization, synergistic and hermeneutic. Modern methodology of jurisprudence is pluralistic in nature alleging various approaches to the law and the state. Marked approaches allow the formation of a new paradigm methodology of jurisprudence.

Without the Power to Drink or Contract

2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain
Keyword(s):  
Alcohol Consumption ◽  
Social Activity ◽  
Individual Responsibility ◽  
Roman Law ◽  
Current Position ◽  
Modern Times ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Over Time

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

The Laws of Hammurabi

2020 ◽  
Author(s):  
Pamela Barmash
Keyword(s):  
Eighteenth Century ◽  
Roman Law ◽  
Intellectual Culture ◽  
Biblical Law ◽  
Intellectual Tradition ◽  
Legal Principles ◽  
Copernican Revolution ◽  
The Subject ◽  
The Law

The Laws of Hammurabi is one of the earliest law codes, dating from the eighteenth century BCE Mesopotamia (ancient Iraq). It is the culmination of a tradition in which scribes would demonstrate their legal flair by composing statutes on a repertoire of traditional cases, articulating what they deemed just and fair. The book describes how the scribe of the Laws of Hammurabi advanced beyond earlier scribes in composing statutes that manifest systematization and implicit legal principles. The scribe inserted the statutes into the structure of a royal inscription, skillfully reshaping the genre. This approach allowed the king to use the law code to demonstrate that Hammurabi had fulfilled the mandate to guarantee justice enjoined upon him by the gods, affirming his authority as king. This tradition of scribal improvisation on a set of traditional cases continued outside of Mesopotamia, influencing biblical law and the law of the Hittite Empire and perhaps shaping Greek and Roman law. The Laws of Hammurabi is also a witness to the start of another stream of intellectual tradition. It became a classic text and the subject of formal commentaries, marking a Copernican revolution in intellectual culture.

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