scholarly journals PATIENT’S LEGAL CAPACITY AND PRESENCE OF PATIENT’S WILL EXPRESSION

2011 ◽  
Vol 1 (3) ◽  
pp. 181
Author(s):  
Līga Mazure

When the law on the rights of patients came into force on March 1, 2010 the normative regulations regarding the patient’s will became more nuanced and detailed. However, the normative acts still contain inconsistencies and change of approach in connection with patients’ legal capacity. The peculiarities of the practical application of the patients’ legal capacity institute also make foreruns for the transformation of theoretical understanding of patients’ legal capacity in medical treatment. For historical objective circumstances the legal practice is developed in connection with legal relationship of patient and treatment person/ institution in Latvia in contradistinction to western countries. Herewith the meaning of the normative regulations and rights doctrine in legal protection of patients’ legal capacity shall be emphasized.

JURTAMA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 58-67
Author(s):  
Hestining Cholifah

This study aimed to determine the legal relationship of the parties in the Agreement on Sale and Purchase (PPJB) Flats and legal protection for buyers of Flat Housing Unit if the seller / developer defaults. This research is a normative juridical research, namely research on laws that are in the legislation in force in Indonesia. This research focused on document research or literature which essentially looks for theories, views that have correlation and are relevant to the problems to be studied. The results of the study indicated that the legal relationship between the parties in the PPJB starts from the signing of the PPJB, so that a legal relationship is established which creates the rights and obligations of each party. Legal protection for buyers of Flat Units if the seller / developer defaults is through arbitration at the cost of joint responsibility by the parties. It meant that if there is a dispute between the parties regarding the sale and purchase agreement unit apartment, the settlement is not through public court or litigation, but the solution is taken through arbitration (non litigation)


2019 ◽  
Vol 3 (1) ◽  
pp. 1-20
Author(s):  
Rosi Nani Putridewi

Capital Market is a part of financial market, besides money market which has essential role for national development, and specifically become funding alternative for small-medium business. Securities in Indonesia have been developing since 1980 after economic deregulation in financial field. This regulation brings some changes in Indonesia’s financial market development, in terms of securities as a result of financial market development. Capital market instrument can be divided into bonds and stocks/equities. In this research, the writer focuses the research on capital market instruments in the form of Medium Term Notes (MTN). Unlike bonds, there are no regulations that have been regulated until now about Medium Term Notes. So that in this research, the focus is to discuss legal issues, namely the legal relationship of the parties in the Medium Term Notes sale and purchase agreement and the form of legal protection for investors holding Medium Term Notes. This research uses normative research method because this research tries to review legal norms, examining all constitutions and regulations which related to views and doctrines in laws.  And the writer's main objective in this research is was to analyze the legal construction of the Medium Term Notes sale and purchase agreement and analyze the form of legal protection against buyers of Medium Term Notes. From this research, it is expected to contribute ideas in the field of law, especially in capital market legal disciplines and used to prevent and resolve legal problems that will arise in connection with the Medium Term Notes. Hopefully this journal can bring benefits, adding broader insight to readers


Author(s):  
Shandy Harsyahwardhana ◽  
Muhaimin ◽  
Eduardus Bayo Sili

This study aims to analyze the legal relationship of the e-contract partnership with Go-Jek drivers. The legal issue that is the focus of this study identifies and analyzes the legal relationship between Go-Jek drivers and PT Go-Jek Indonesia in a partnership agreement in the form of e-contract. This research method is normative considering the existence of legal obscurity related to the partnership e-contract arrangement. The research approach used is the Legislative Approach and the Conceptual Approach. With the pattern of equal cooperation in partnership, the reality is that the legal relationship between PT Go-Jek Indonesia and the Go-Jek driver has been inequality. Therefore, the Go-Jek driver as a legal subject becomes weak and needs legal protection. Moreover, the partnership as outlined in the e-contract has not fully provided preventive and repressive legal protection.


2020 ◽  
Vol 34 (4) ◽  
pp. 499-511 ◽  
Author(s):  
Jessica L. Pallant ◽  
Sean Sands ◽  
Ingo Oswald Karpen

Purpose Increasingly, customers are demanding products that fit their individual needs. Many firms respond by cultivating product individualization via mass customization, often integrating this capability via interactive platforms that connect them with customers. Despite such customization, research to date has lacked cohesion, often taking the organizational, rather than customer, view. The purpose of this paper is to provide inconclusive theorizing in regard to customization from the consumers’ perspective. Design/methodology/approach The review and synthesis of the literature revealed that co-configuration is an underexplored domain of mass customization. Consequently, an initial conceptualization of co-configuration is developed and compared with current customization strategies. Specifically, the definition and boundary conditions of co-configuration are compared with three domains of mass customization, namely, co-production, co-construction and co-design. This led to the development of research priority areas to establish an agenda for future research on mass customization and its role in customer’ firm relationships. Findings This paper provides the delineation of four distinct consumer customization strategies, conceptualized in a matrix, and proposes separate customer journey visualizations. In advancing the theoretical understanding by means of a unifying typology, this paper identifies three existing Cs of mass customization (co-production, co-construction and co-design) and focuses specifically on a fourth (co-configuration), identified as an understudied mass customization strategy. Originality/value This paper extends the previous conceptualizations of mass customization comprising co-production, co-design and co-construction. The proposed typology establishes a foundation for four research priority areas that can improve both academic rigor and practical application.


2014 ◽  
Vol 556-562 ◽  
pp. 1408-1412
Author(s):  
Zhi Qiang Zhang

In this paper, the following work is done: a new type of translational transmission device is designed; explained in detail are the operating principle, structural features, relationship of mechanism parameter and non interference conditions of the movement; the optimization analysis of transmission device is implemented on the basis of non interference conditions of the bucket movement; structural modeling and simulation analysis are carried out by utilization of Pro/e & Recurdyn; and based on virtual prototype technology, the new type of translational transmission device is verified by experiments, the data of which prove the translational transmission device reasonable and practicable. In conclusion, this paper has laid the theoretical foundation of the practical application of the translational transmission device.


2021 ◽  
pp. 80-87
Author(s):  
Terdi E. S. ◽  
◽  
Skrynnik I. K. ◽  

The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.


Author(s):  
E. Kharitonova

The article focuses on the task of measuring and evaluating a state's soft power. While the soft power concept developed by Joseph Nye is currently widely accepted and used, its theoretical understanding and practical application remains challenging. Both international relations scholars and those responsible for soft power in governmental and non-state agencies are looking for the tools to assess their work and the country's standing in the world in terms of soft power. As the author of the concept and other researchers noted, evaluation and measurement may be difficult due to the number of influencing factors including the use of hard power that can overshadow soft power efforts, and also because soft power efforts can bring results only in a distant period of time. However, in response to the researchers' and policy makers' need to evaluate, measure and compare soft power related parameters, a number of international ratings evolved during the past several years, such as various ratings of soft power, nation brands, countries' reputation and presence. At the same time, such rankings have several weaknesses. First of all, they present mainly the western point of view which focuses on the parameters important for western audiences and may overlook characteristics important for other, non-western cultures. They also may be subjective due to financial reasons. Besides that, while some of the ratings aim to evaluate resources or assets of nations' soft power, other focus on results like influence or reputation. Evaluation of instruments used to enhance a country's soft power and their effectiveness is also important. In many cases, even significant resources of soft power do not guarantee strong positions in this context. Comparing certain countries' positions in different ratings helps to understand a country's standing in terms of soft power, identify strong sides and analyze whether a state's soft power potential transforms into the desired outcomes.


Sensors ◽  
2018 ◽  
Vol 18 (10) ◽  
pp. 3386 ◽  
Author(s):  
Wei Wang ◽  
Jinsong Du ◽  
Jie Gao

Continuous waveform (CW) radar is widely used in intelligent transportation systems, vehicle assisted driving, and other fields because of its simple structure, low cost and high integration. There are several waveforms which have been developed in the last years. The chirp sequence waveform has the ability to extract the range and velocity parameters of multiple targets. However, conventional chirp sequence waveforms suffer from the Doppler ambiguity problem. This paper proposes a new waveform that follows the practical application requirements, high precision requirements, and low system complexity requirements. The new waveform consists of two chirp sequences, which are intertwined to each other. Each chirp signal has the same frequency modulation, the same bandwidth and the same chirp duration. The carrier frequencies are different and there is a frequency shift which is large enough to ensure that the Doppler frequencies for the same moving target are different. According to the sign and numerical relationship of the Doppler frequencies (possibly frequency aliasing), the Doppler frequency ambiguity problem is solved in eight cases. Theoretical analysis and simulation results verify that the new radar waveform is capable of measuring range and radial velocity simultaneously and unambiguously, with high accuracy and resolution even in multi-target situations.


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