scholarly journals Partnership as a legal form of exercising the profession of midwife

2017 ◽  
Vol 16 (4) ◽  
pp. 24-30
Author(s):  
Monika Sadowska ◽  
Artur Wdowiak
Keyword(s):  
Legal System ◽  
Intellectual Capital ◽  
Personal Responsibility ◽  
Civil Law ◽  
Medical Knowledge ◽  
Limited Liability ◽  
Employment Relationship ◽  
Commercial Law ◽  
Legal Form ◽  
Limited Liability Partnership

Abstract Introduction. The profession of midwife belongs to the medical ones. In the Polish legal system, the definition it is not of a legislative nature. It refers to liberal professions associated with practical medical knowledge. However, the profession of midwife has also been included in the catalog of liberal professions under the commercial law, and the legislature allows the practice of midwife in the form of a partnership. Nevertheless, the majority of midwives working in Poland is employed on the basis of an employment relationship and a civil law agreement, while exercising practice in the form of partnership is not a frequent choice. Aim. The purpose of this article is to profile the midwife partnership, including the approximation of its essence and purpose, as well as the rights and obligations of the partner, and discussion of the terms and conditions of the company's medical business. Summary. Compared to other commercial companies, a limited liability partnership company is an attractive legal form for exercising the profession of midwife, primarily because of the partner's liability for the company's obligations. At the same time, the midwife partnership company, by combining both a reduction of personal responsibility, transparent representation with the use of possibility of appointing a board, and the possibility of accumulating financial and intellectual capital, meets the demands of the free services market and growing competition, thereby fostering service quality.

Creating theSociedad de Responsabilidad Limitada: The Use of Legal Flexibility in Spanish Company Law, 1869–1953

2016 ◽  
Vol 90 (2) ◽  
pp. 227-249 ◽  
Author(s):  
Susana Martínez-Rodríguez
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Company Law ◽  
Legal Form ◽  
Commercial Code ◽  
New Business ◽  
Numerus Clausus

Spain approved the first law ofSociedad de Responsabilidad Limitada(SRL)—a legal form similar to the German GmbH—in 1953. However, the SRL had already been used, albeit without its own legislation, since the 1920s. How was this possible in a country whose legal system was based on civil law? Its 1885 Commercial Code lacked thenumerus claususprinciple for enterprise forms, a feature that gave entrepreneurs unusual freedom in organizing their firms, and in adopting new business forms not defined in the code. It also invites us to rethink the notion of rigidity in civil law.

scholarly journals DINAMIKA DAN IMPLEMENTASI HUKUM ORGANISASI PERUSAHAAN DALAM SISTEM HUKUM INDONESIA

Asy-Syari ah ◽  
2015 ◽  
Vol 18 (2) ◽  
Author(s):  
Muhibbuthabary Muhibbuthabary
Keyword(s):  
Legal System ◽  
Limited Liability ◽  
Business Organization ◽  
Business Organizations ◽  
Commercial Law ◽  
Coordination Unit ◽  
Goods And Services ◽  
Legal Entities

The legal system in Indonesia explained that the act of commerce is the act of purchasing goods for resale. While the organization is a coordination unit comprising at least two people, has a function to achieve a certain goal or set of tools. the company is a unit of business organizations that produce goods and services to meet the needs of the community with the aim of the company is a unit of business organizations that produce goods and services to meet the needs of the community with the aim to obtain profit. The company is a business organization that has carried out business activities and continuous, uninterrupted and overt move out with the aim to get benefit. In the Code of Commercial Law mentioned that perbu-atan commerce on the organization of the company is the act of purchase does not include sales deeds, because sales is part of the aim of business. In practice, the legal system of Indonesia has set about permit the establishment and governance of enterprise organizations are legal entities such as limited liability, Firma, cooperatives, foundations, enterprises, and etc. This has been stipulated in the legislation, namely Law Number 3 of 1992 about the Registration Company and Law Number 8 of 1997 concerning Company Documents.

scholarly journals The Feasibility of Issuing Ṣukūk under the Current Laws and Regulations in Algeria (Kelayakan Mengeluarkan Ṣukūk di bawah Undang-undang dan Peraturan Semasa di Algeria)

2020 ◽  
Vol 17 (2) ◽  
pp. 269-290
Author(s):  
Mohamed Ghezal ◽  
Rusni Hassan ◽  
Ahcene Lahsasna
Keyword(s):  
Legal System ◽  
Capital Market ◽  
Exploratory Study ◽  
Civil Law ◽  
Second Phase ◽  
Commercial Law ◽  
Policy Makers ◽  
Preliminary Step ◽  
Muslim Countries ◽  
Regulatory Constraints

The growth of Ṣukūk market has been nothing short of phenomenal. Many countries and corporations are looking to raise funds using Ṣukūk. However,  several countries face legal impediments and regulatory constraints. Muslim countries such as Algeria is still yet to develop unique regulation to implement Ṣukūk due to current conventional legal and regulatory hindrances. Thus, this paper aims to critically examine the feasibility of the current laws in issuing Ṣukūk. This research is an exploratory study that utilizes qualitative analysis for the review of commercial and financial laws to find out the key elements from the current legal system in Algeria and examine whether it can permit the introduction of Ṣukūk.  The study finds that the legislative provisions in commercial law, civil law, and other regulations, which are general in nature, are facilitative to the issuance of Ṣukūk. However, the current regulations in the capital market constitute an obstacle to the listing of Ṣukūk in the Algerian capital market. The research suggests initiating amendments to the current legal and regulatory provisions to allow the issuance of Ṣukūk as a preliminary step and then issuing a Ṣukūk law in the second phase. The contribution of this research is highly significant to the literature in the field of Ṣukūk regulation, and it can be a reference to policy makers to understand the modifications needed for the current Algerian legal system to pave the way for Ṣukūk issuance in the country. Keywords: Ṣukūk, Legal and regulatory framework, Algeria. Abstrak Pertumbuhan pasaran Ṣukūk sedang berkembang sepenuhnya. Banyak negara dan syarikat mencari dana menggunakan Ṣukūk. Walau bagaimanapun, beberapa negara menghadapi halangan undang-undang dan kekangan peraturan. Negara Islam seperti Algeria masih belum mengamalkan peraturan baru untuk melaksanakan Ṣukūk disebabkan halangan dan undang-undang. Oleh itu, matlamat kertas ini adalah untuk mengkaji peruntukan undang-undang semasa di Algeria secara mendalam dan mengkaji cara mengatasi isu pengawalseliaan dalam memperkenalkan Ṣukūk. Penyelidikan ini adalah bersifat eksploratif dan menggunakan kaedah kualitatif dengan menganalisa dokumen-dokumen tertentu untuk mengetahui elemen utama peraturan semasa di Algeria bagi memastikan Ṣukūk dapat diperkenalkan. Kajian mendapati bahawa peruntukan dalam undang-undang komersial, undang-undang sivil dan peraturan-peraturan lain adalah umum dan tidak mencerminkan peruntukan khas yang membantu dalam penerbitan Ṣukūk. Penulis mencadangkan untuk memulakan pindaan kepada teks undang-undang dan undang-undang semasa untuk membolehkan penawaran Ṣukūk sebagai langkah diperingkat permulaan dan kemudian mengeluarkan undang-undang Ṣukūk dalam fasa kedua. Sumbangan penyelidikan ini sangat penting dalam bidang kesusasteraan undang-undang Ṣukūk dan mampu menjadi rujukan kepada pembuat dasar untuk mengenalpasti perubahan yang harus dilakukan terhadap sistem perundangan semasa di Algeria. Ini adalah bagi memastikan  sukuk dapat ditawarkan dengan baik. Kata Kunci: Ṣukūk, rangka kerja undang-undang dan peraturan, Algeria.  

Legal Origin, Institutional Quality, and Islamic Finance Development: Does Shari’a Matter?

2020 ◽  
Vol 13 (2) ◽  
pp. 345-369
Author(s):  
Rihab Grassa
Keyword(s):  
Financial Development ◽  
Legal System ◽  
Civil Law ◽  
Islamic Finance ◽  
Islamic Banking ◽  
Financial Industry ◽  
Legal Origin ◽  
Muslim Population ◽  
Legal Origins ◽  
Shari'a Law

AbstractPrevious studies on financial development have shown that differences in the legal origin explain differences in financial development. Using historical comparisons and cross-country regressions for 40 countries observed for the period from 2005 to 2018, our research assesses how different legal origins have affected the development of Islamic finance worldwide. More particularly, our research assesses empirically why and how the adoption of Shari’a, wholly or partially (combined with common or civil law), could explain the level of development of Islamic finance in different jurisdictions. Our primary results show that countries adopting a Shari’a legal system have a very well-developed Islamic financial system. Moreover, countries adopting a mixed legal system based on common law and Shari’a law have sufficient flexibility within their legal systems to make changes to their laws in response to the changing socioeconomic conditions, and this has helped the development of the Islamic financial industry. However, countries adopting a mixed legal system based on both civil law and Shari’a law appear less flexible in making changes to their old laws and this thwarted the development of the Islamic financial industry in these countries. Furthermore, we have found that the concentration of a Muslim population (the percentage of Muslim population) along with the level of income have both had a positive effect on the development of Islamic banking assets and on the development of Islamic banking as a whole.

scholarly journals The Transplant of Trusts in Different Legal Jurisdictions: The Example of China

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Giulia Terranova
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Original Model ◽  
People’S Republic Of China ◽  
Legal Institution ◽  
Legal Systems ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Trust Law

AbstractLegal transplants are considered a significant factor in the evolution of legal systems. One example of transplant of a legal institution through its prestige is the diffusion of the trust from the English legal system to other common law systems and to many civil law countries. One of these is China that in 2001 enacted the Trust Law of the People’s Republic of China. This paper wants to analyse the trust under the Trust Law and to compare it with the original model in the English legal system, understanding how far or how close it is from the original one.

SEARCHING FOR LEGAL GROUNDS FOR ENTREPRENEURS’ COMPENSATION CLAIMS FOR DAMAGES CAUSED BY RESTRICTIONS ON BUSINESS ACTIVITY IN ORDER TO COMBAT COVID-19 – PART II

2021 ◽  
Vol 1 (XXI) ◽  
pp. 155-172
Author(s):  
Wojciech Papis
Keyword(s):  
Legal System ◽  
Civil Law ◽  
The State ◽  
Business Activity ◽  
Public Authorities ◽  
Compensation Claims ◽  
Legal Grounds

In the second part of the article, the author discusses the procedure for recognizing normative acts as unconstitutional - which is the basis for claiming compensation from the state treasury for damages caused by the application of these unconstitutional normative acts and regulations based on the provisions of substantive civil law. When analyzing the content of the regulations regarding the COVID-19 epidemic, the author reviews the regulations that raise doubts in the doctrine as to their constitutionality. He also notes the inconsistency of these provisions with the legal system. Finally, the problem of possible compensation of the state treasury for damages caused by the legal activities of public authorities is discussed

Towards a Transsystemic Study of the Ghana Legal System

2017 ◽  
Vol 6 (1) ◽  
pp. 25-50
Author(s):  
Poku Adusei
Keyword(s):  
Legal System ◽  
Academic Discipline ◽  
Common Law ◽  
Civil Law ◽  
Cross Cultural ◽  
Legal Tradition ◽  
Legal Traditions ◽  
The Law ◽  
Cultural Dialogue

This article provides comprehensive insights into the study of the Ghana legal system as an academic discipline in the law faculties in Ghana. It urges the view that the study of the Ghana legal system, as an academic discipline, should be transsystemic. Transsystemic pedagogy consists in the introduction of ideas, structures and principles which may be drawn from different legal traditions such as civil law, common law, religion-based law, African law and socialist law traditions to influence the study of law. Transsystemia involves teaching law ‘across,’ ‘through,’ and ‘beyond’ disciplinary fixations associated with a particular legal system. It is a mode of scholarship that defies biased allegiance to one legal tradition in order to foster cross-cultural dialogue among legal traditions. It involves a study of law that re-directs focus from one concerned with ‘pure’ legal system to a discourse that is grounded on multiple legal traditions.

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.

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