scholarly journals THE LEGAL FRAMEWORK OF MEDIATION IN BRAZILIAN LAW

2018 ◽  
Vol 2 (2) ◽  
pp. 113-141
Author(s):  
Humberto Dalla Pinho
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Civil Procedure ◽  
National Council ◽  
The Way

The text analyzes the introduction and evolution of the legislative treatment given to the institute of mediation in Brazilian law, from Bill No. 4,827/98 up to the Bills of the Ministry of Justice (ENAM) and the Federal Senate. Along the way we also examine the text of the Project for a new CPC (Code of Civil Procedure) and Resolution No. 125/10 from the National Council of Justice. At the end the principal aspects and trends for our legal system are set out. 

scholarly journals THE LEGAL FRAMEWORK OF MEDIATION IN BRAZILIAN LAW

2018 ◽  
Vol 2 (2) ◽  
pp. 113-141
Author(s):  
Humberto Dalla Pinho
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Civil Procedure ◽  
National Council ◽  
The Way

The text analyzes the introduction and evolution of the legislative treatment given to the institute of mediation in Brazilian law, from Bill No. 4,827/98 up to the Bills of the Ministry of Justice (ENAM) and the Federal Senate. Along the way we also examine the text of the Project for a new CPC (Code of Civil Procedure) and Resolution No. 125/10 from the National Council of Justice. At the end the principal aspects and trends for our legal system are set out. 

scholarly journals THE LEGAL FRAMEWORK OF MEDIATION IN BRAZILIAN LAW

2018 ◽  
Vol 2 (2) ◽  
pp. 113-141
Author(s):  
Humberto Dalla Pinho
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Civil Procedure ◽  
National Council ◽  
The Way

The text analyzes the introduction and evolution of the legislative treatment given to the institute of mediation in Brazilian law, from Bill No. 4,827/98 up to the Bills of the Ministry of Justice (ENAM) and the Federal Senate. Along the way we also examine the text of the Project for a new CPC (Code of Civil Procedure) and Resolution No. 125/10 from the National Council of Justice. At the end the principal aspects and trends for our legal system are set out. 

scholarly journals THE LEGAL FRAMEWORK OF MEDIATION IN BRAZILIAN LAW

2014 ◽  
Vol 2 (2) ◽  
pp. 113-141
Author(s):  
Humberto Dalla Pinho
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Civil Procedure ◽  
National Council ◽  
The Way

The text analyzes the introduction and evolution of the legislative treatment given to the institute of mediation in Brazilian law, from Bill No. 4,827/98 up to the Bills of the Ministry of Justice (ENAM) and the Federal Senate. Along the way we also examine the text of the Project for a new CPC (Code of Civil Procedure) and Resolution No. 125/10 from the National Council of Justice. At the end the principal aspects and trends for our legal system are set out. 

Comparison of Contractual Liability Patterns in the British Legal System and the Iranian Legal System

2021 ◽  
Vol 3 (2) ◽  
pp. 10-15
Author(s):  
Nancy Asbaghipour ◽  
Reza Simbar
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Iranian Law ◽  
The Uk ◽  
The Way

No part of society can elude legitimate occasions. Some of the time, eagerly or unwillingly, another is hurt, and the issue of hurtful obligation or how to compensate is raised by others. The rules and controls of each nation or other nations may be distinctive, and the way of demonstrating obligation and its components and the approach of the courts in deciding the sum of harms may moreover be diverse. Since the legitimate British framework is to some degree diverse from the legitimate Iranian framework, it appears valuable to know the sees of this framework. The think about of these likenesses and contrasts, counting the way of sanctioning laws, their modification, the way of the trial of courts and the limits of duties and the way of execution of judgments, raises numerous scores and gives other viewpoints for analysts to be utilized in tackling issues in society. The article presented attempts to clarify the perspective of the UK legal framework and compare it with the Iranian legal framework in terms of designing respectful risks within the contract to realize the over the result. All legitimate frameworks look for a full stipend. In this respect, due to the reality that the strategy of remuneration among other remuneration strategies within the UK, the legitimate framework of this nation has set exact criteria based on which the assurance of full emolument. It is more standard and precise. Iranian law is generally appropriate on the issue of damages. This can occur despite the fact that the refusal of the rule of the presence of a way of a stipend in infringement of legally binding commitments has not been considered with assurance.

scholarly journals Oil Companies, Reindeer-Herding Communities, and Local Authorities: Rights to Land from the Perspective of Various Stakeholders

2014 ◽  
Vol 5 (4) ◽  
Author(s):  
Svetlana Tulaeva
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Legal Anthropology ◽  
Legal Environment ◽  
Reindeer Herding ◽  
Local Authorities ◽  
Oil Companies ◽  
Land Disputes ◽  
The Way

This article is devoted to the consideration of land disputes between oil companies and reindeer-herding communities. This research analyzes the legal framework within which the participants of conflict act, with particular reference to legal anthropology. Most of the focus is not so much on formal laws as on the way in which they are understood and interpreted by the participants in relations. It is shown that various groups are guided by different laws and regulations, determining for themselves their priority over others. Emphasis is placed on the role of custom and the way in which it influences the appeal of locals to the state legal system. Starting from the specificity of legal environment, this article explains the use by the participants of conflicts of various strategies to settle them.

scholarly journals Conciliar no Tribunal é possível? Uma análise da experiência do Tribunal de Justiça do Estado do Rio Grande do Norte

2020 ◽  
pp. 172-193
Author(s):  
Elias Jacob de Menezes Neto ◽  
Igor Da Silva Gomes
Keyword(s):  
Conflict Resolution ◽  
Rio Grande ◽  
Legal Framework ◽  
Civil Procedure ◽  
The State ◽  
National Council ◽  
Important Landmark ◽  
Court Of Appeal ◽  
Positive Results ◽  
Do So

RESUMOA Resolução nº 125/2010 do Conselho Nacional de Justiça foi um marco importante para a criação de políticas públicas de resolução adequada dos conflitos, o que foi ampliado pela entrada em vigor do Código de Processo Civil de 2015. Nesse contexto, o presente artigo busca compreender a viabilidade das práticas conciliatórias no 2º grau de jurisdição. Para tanto, realiza, a partir da metodologia de estudo de caso, uma análise da experiência do TJRN, especificamente do seu Núcleo de Conciliação. Utiliza dados do próprio órgão sobre as audiências, limitando o escopo aos anos de 2016 e 2017. Procede, ainda, com análise doutrinária e legislativa, sendo o estudo de relevância para exteriorizar a efetividade (ou não) do método consensual de resolução de disputas. Conclui-se que o TJRN tem trazido resultados positivos, chegando, no ano de 2017, ao índice de êxito de 34% no Núcleo de Conciliação e 1,6% no Tribunal como um todo, números acima da média nacional.PALAVRAS-CHAVEConciliação. Tribunal de Justiça do Rio Grande do Norte. Políticas Públicas de Resolução de Conflitos. ABSTRACTThe CNJ’s (Brazilian National Council of Justice) Resolution nº 125/2010 was an important landmark for create public policies for the adequate resolution of conflicts, which was amplified after the Brazilian Code of Civil Procedure of 2015. This research aims to understand if it’s possible to use conciliation in Courts of Appeal. In order to do so, it analyses data from conciliation sessions held at the TJRN/NC (Conciliation Chamber of the Courts of Appeal at the state of Rio Grande do Norte/Brazil) between 2016 and 2017. In addition, it analyses the current theoretical and legal framework on conflict resolution. It concludes that TJRN has been achieving positive results, reaching, in 2017, a successful rate of 34% at the TJRN/NC and of 1.6% on all Court levels, numbers above the national average.KEYWORDSConciliation. Court of Appeal of Rio Grande do Norte.

SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE

2014 ◽  
Vol 1 (1) ◽  
pp. 48-67
Author(s):  
Vinesh M Basdeo ◽  
Moses Montesh ◽  
Bernard Khotso Lekubu
Keyword(s):  
Law Enforcement ◽  
South African ◽  
Legal System ◽  
Criminal Procedure ◽  
Integrated Approach ◽  
Physical World ◽  
Legal Framework ◽  
Time Zone ◽  
Legal Sanctions ◽  
Domestic Affairs

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.

Forensic Evidence in Proving Crimes: Exploring the Legal Frameworks of Sharīʿah Bukti Forensik Bagi Membuktikan Jenayah: Menerokai Rangka Kerja Guaman Sharīʿah

2016 ◽  
Vol 13 (1) ◽  
pp. 220-247
Author(s):  
Sayyid Mohammad Yunus Gilani ◽  
K. M. Zakir Hossain Shalim
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Common Law ◽  
Legal Framework ◽  
New Method ◽  
Criminal Investigation ◽  
Forensic Evidence ◽  
Administration Of Justice ◽  
Legal Frameworks

AbstractForensic evidence is an evolving science in the field of criminal investigation and prosecutions. It has been widely used in the administration of justice in the courts and the Western legal system, particularly in common law. To accommodate this new method of evidence in Islamic law, this article firstly, conceptualizes forensic evidence in Islamic law.  Secondly, explores legal frameworks for its adoption in Islamic law. Keywords: Forensic Evidence, legal framework, Criminal Investigation, Sharīʿah.AbstrakBukti forensik adalah sains yang sentiasa berkembang dalam bidang siasatan jenayah dan pendakwaan. Ia telah digunakan secara meluas dalam pentadbiran keadilan di mahkamah dan sistem undang-undang Barat, terutamanya dalam undang-undang common (common law). Untuk menampung kaedah pembuktian baru ini dalam undang-undang Islam, artikel ini, pertamanya, konseptualisasikan bukti forensik dalam undang-undang Islam. Kedua, ia menerokai rangka kerja undang-undang untuk penerimaannya dalam undang-undang Islam.Kata Kunci: Bukti Forensik, Rangka Kerja Guaman, Siasatan Jenayah, Sharīʿah.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

Psychosoziale Prozessbegleitung im Strafverfahren

2021 ◽  
Author(s):  
Alexander Ilsner
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
Civil Procedure ◽  
Legal Institution ◽  
Criminal Proceedings ◽  
Legal Innovation ◽  
The Law

The legal status of victims of violent criminality has been in the spotlight during recent decades. The institutionalization of psychosocial assistance in criminal proceedings represents the temporary peak of this development. In this study, the author focuses on the legal innovation, analyzes it fundamentally (especially regarding the recently formulated § 406g StPO), and submits specific reform proposals correspondingly. This research includes four systematically structured chapters, which impart the essential features of the legal institution, elucidate the legal framework, and finally appoint considerations regarding its transfer into the law of civil procedure.

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