scholarly journals A Study on the Legal Status of Procurement Service Providers on WeChat and Related Legal Regulations

Author(s):  
He Ke
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Markus Hengstschläger ◽  
Margit Rosner

AbstractIt is known that in countries, in which basic research on human embryos is in fact prohibited by law, working with imported human embryonic stem cells (hESCs) can still be permitted. As long as hESCs are not capable of development into a complete human being, it might be the case that they do not fulfill all criteria of the local definition of an embryo. Recent research demonstrates that hESCs can be developed into entities, called embryoids, which increasingly could come closer to actual human embryos in future. By discussing the Austrian situation, we want to highlight that current embryoid research could affect the prevailing opinion on the legal status of work with hESCs and therefore calls for reassessment of the regulations in all countries with comparable definitions of the embryo.


2000 ◽  
Vol 21 (3-4) ◽  
pp. 135-140 ◽  
Author(s):  
Thomas Mairinger

The availability of pathology services differs greatly in our environment. Although pathology would be especially suitable for being practised at a distance by transporting digital image information, the spread of telepathology into everyday work still is relatively slow.The article describes the situation of diffusion of this innovative technology by reviewing the literature and discussing this in context to data based on questionnaires dealing with the acceptance of telepathology. The current situation of telepathology can be discussed by five items for innovation spead: (1) communication and influence; (2) economic costs and benefits; (3) knowledge barriers and learning; (4) feasibility of techniques offered for the demands of the users; (5) clarification of the legal status and other factors concerning international collaboration. All these head lines do not represent realistic obstacles for the more widespread use of telepathology. The real drawbacks may therefore be found behind certain professional habits of pathologists. The most important causes may be that (a) telediagnosis is not as easy as it may seem at the first glance; (b) telepathology is seen as a potential highway to a world‐wide competition of pathology service providers. As soon as these mostly unjustified prejudices are corrected and telepathology is percepted as additional technique in pathology, it will become a diagnostic tool as common and as useful as the telephone.


Author(s):  
Tomasz LANDMANN

The article attempts to analyze the meaning of legal regulations developed in the field of cultural heritage protection in the years 1944-1989. It has been argued that these years were markedly different in terms of law in the sphere of cultural heritage protection than the period between 1918 and 1939 analyzed by the author in another article. The author decided to refer to legal acts and literature in the form of elaborations and magazines in the field of monuments protection. The specificity of the chosen subject and problem required the choice of a scientific method in the form of legal acts analysis, supported by literature review. The presented information shows that the period between 1944 and 1989 was characterized by a different approach of the Polish authorities towards the issue of cultural heritage protection in comparison to the years 1918-1939. The mentioned protection had an instrumental character and was one of the political-ideological tools influencing the society. Furthermore, the growth of legal protection of cultural assets in the age of the PRL took place in the conditions of centralized administration that adopted the idea of social distribution of many such assets, which led to devastation of numerous immovable monuments and sometimes also the antique furnishings. All the introduced legal regulations required a thorough change and redefinition of the legal status after the political-structural transformation of 1989.


Author(s):  
Mayra Cristina Mena Mena ◽  
Estefanía Espíndola Cáceres

La presente investigación tiene como objetivo identificar parámetros doctrinarios y jurídicos para la regulación de la adopción de la criatura por nacer en Ecuador, visibilizando la problemática de progenitores que por diversas circunstancias desean entregar voluntariamente al que está por nacer, por encontrarse en situaciones de vida adversas de acuerdo a parámetros legales para que otras personas o el estado cuiden de él en apego al Principio del Interés Superior del niño. El estado ecuatoriano prohíbe esta modalidad de adopción, se toma como referente regional a Chile que posee esta figura jurídica para evitar que los derechos de la infancia sean vulnerados al nacer y ser institucionalizados en larga espera de una familia con fundamento basado en la Declaración Universal de los Derechos Humanos y más instrumentos internacionales de protección de derechos, que reconocen el formar parte de una familia como derecho humano. Mediante un enfoque exploratorio a través de revisión de literatura especializada, normativas legales nacionales e internacionales, se justifica que la adopción en Ecuador como institución jurídica necesita una revisión profunda, por lo tanto, se pretende fortalecer los derechos del que está por nacer a través de lo propuesto.The objective of this research is to identify doctrinal and legal parameters for the regulation of the adoption of the unborn child in Ecuador, putting on discussion the problematic about the parents who wish to voluntarily give the unborn child to others as a result of an adverse life situation according to legal parameters. Therefore, the other people or the state would take care of him or she in accordance with the Principle of the Superior Interest of the child. The Ecuadorian state rejects this form of adoption, taking as a regional reference to Chile that has this legal status in order to prevent the violation of the children rights at birth and be institutionalized in a long wait for a family based on the Universal Declaration of Human Rights and more international instruments for the protection of rights, which recognize as a human right being part of a family. Through an exploratory approach and analyzing specialized literature, national and international legal regulations it is very clear that the adoption in Ecuador as a legal institution needs a profound revision. Therefore, is intended to strengthen the rights of the unborn child through the proposed.


2016 ◽  
Vol 39 ◽  
pp. 31-54
Author(s):  
Piotr Góralski

Admissibility of precautionary measures against juvenile criminals Part IIThis article discusses the admissibility of precautionary measures against juvenile criminals. It refers to both juvenile offenders charged as adults pursuant to Art. 10 § 2 of the Criminal Code and 15–16-year-old offenders charged pursuant to the provisions of the Procedures in Legal Actions against Juveniles Act of 1982. The article presents the legal status concerning this issue in the period from 1997 to 2015 and relevant changes in the legal regulations concerning precautionary measures introduced by the amendment of the Criminal Code of 20th February 2015.A thesis formulated in the paper discussed here is that only one type of precautionary measure, which is confiscation, may be used against juveniles subject to the regulations of the Procedures in Legal Actions against Juveniles Act. In relation to juveniles charged under the Criminal Code only the precautionary measures which do not interfere with the provisions of Article 3 of the Criminal Code providing for the rule of humanitarian use of criminal penalties should be implemented. It refers mainly to these forms of isolation precautionary measures which would apply to juvenile criminals after serving imprisonment.


2020 ◽  
Vol 23 (1) ◽  
pp. 137-149
Author(s):  
Aleksandra Sikorska-Lewandowska ◽  

The number of housing communities in Poland is on the rise as they have a property right known as "separate ownership of the premises". Housing communities are now an important alternative to the still popular housing cooperatives. Housing cooperatives have many legal orders, and their legal status varies. Polish housing communities do not have legal personality, which raises questions about their legal status. The author of this article explains about the legal regulations around housing communities, analyses the contents of the Polish legal doctrine, and reviews important judgments regarding the legal character of housing communities. In conclusion, the author recognizes Polish housing communities as "defective legal persons", i.e., they are subject to rights that are independent of those of the owners of premises and therefore have legal capacity. In this respect, the Polish model bears similarity to the model adopted in the German legal system.


Muzealnictwo ◽  
2021 ◽  
Vol 62 ◽  
pp. 58-67
Author(s):  
Marta Saszkiewicz ◽  
Joanna Ślaga

Establishing and organising university museums at higher-education institutions demonstrates an increased interest in the history of the given institution, its bonds with the region, yet first and foremost it points to the need to preserve traces of academic heritage constituting an important component of national heritage. To-date, university museums in Poland have been dedicated neither an unequivocal definition, nor specific legal regulations. These organizations are characterized by differentiated management modes, formulation of goals, as well as varied policies of amassing collections. An attempt at defining university museums and their legal status, as well as their positioning in tertiary-education institutions’ structure has been made. Moreover, the nuances resulting from the failure to have included university museums in the Act on Museums of 21 November 1996 have been clarified. Additionally, a list of university museums for 2020, put together as a result of the research conducted by the paper’s Authors and based on the documents available in the archive of the Association of University Museums (SMU), has been presented.


Author(s):  
Michał Janowski

Polish legal regulations protecting animals are inconsistent. The Act of 21 August 1997 on Animal Protection and the Act of 15 January 2015 on the Protection of Animals Used for Scientific or Educational Purposes accord protection to different categories of animals. These regulations should be harmonized due to the underlying values. In addition, the current model of animal protection in Poland requires consideration. Polish regulations protecting animals have not been preceded by a reflection on the special features of some groups of animals. In particular, Polish law does not take account of the fact that some animals have higher cognitive functions, including non-linguistic ability to recognize themselves – awareness of self. The article characterizes the phenomenon of animal self-awareness, which should be relevant in discussions on the legal status of some animals.


2020 ◽  
Vol 2 (2) ◽  
pp. 22-38
Author(s):  
Muhammad Takkas Siregar

Nominee Arrangement drafted by a Notary has quite wide range of usage because it contains authority. Nominee is principally an agreement that is not assertively specifically regulated, but in practice, it is used as an agreement with name borrowing which existence frequently brings negative impacts and financial loss to all parties if its deed is proceeded.             The objective of this research was to analyze the legal regulations related to notarial deed drafting categorized into deed of nomination, the legal status of the land title registered with the name of a child mentioned in a nominee deed, and the Verdict of the Supreme Court Number 433K/Pdt/2016. Normative juridical research method is employed with descriptive analysis. The data are collected through library study. The research problems are about the land title ownership sourced from nominee or name borrowing. The legal regulations on notarial deeds that are categorized into deed of nomination causes many legal problems in practice; thus, the practice of nominee arrangement has to be made with a supporting agreement to build legal relationship among all parties, that the legal smuggling seems legitimate and has legal ground.             The results demonstrate that the usage of nominee concept in land ownership is aimed at protecting the confidentiality of the true owner’s name and identity from public and government. The legal status of deed of nomination is not specifically regulated, but the Law on Capital Market and Law on Limited Liability Companies stipulate regulations on nominee. The analysis result of this verdict is that the judges should be more conscientious in analyzing, deciding, and pronouncing the verdict by involving competent experts; it can be made guidance to make decision. The ruling issued by a court reflects a just legal protection for all disputed parties in Indonesia.


Author(s):  
Velibor Dzomic

Due to the sparse Roman Catholic population in the Principality of Serbia, Roman Catholics fell under the category of a religious minority. Through different constitutional and other legal provisions Serbian state authorities guaranteed Roman Catholics freedom of religion and also granted the legal status to the Roman Catholic Church in Serbia. Austria and Russia had a substantial influence on the resolution to this issue, and these relations became even more dynamic after the Congress of Berlin. Decades-long process of regulating the exercise of religious freedom for Roman Catholics was overburdened with specific social and political circumstances and the overt inclination of Roman Catholic clergy to proselytism, which was not the case with other religious minorities in Serbia. Although several legal regulations concerning this issue were enacted in the Principality of Serbia, it was only with the Concordat between the Kingdom of Serbia and the Holy See (1914) that the issue was resolved amicably for both agreement parties.


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