The Legal Essence of a Gift Certificate: OOO “Bershka SNG” virsus the Office of Rospotrebnadzor for the city of Moscow (cases No. A40-A40-202419/17 and A40-226793/17)

2019 ◽  
pp. 71-79
Author(s):  
V. A. Belov
Keyword(s):  
Detailed Examination ◽  
The Gift ◽  
Legitimate Interests ◽  
Gift Certificate ◽  
Retail Organizations ◽  
The City ◽  
Administrative Responsibility

The article is devoted to examination and analysis of arbitration cases connected with the process of appealing acts of the Office of Rospotrebnadzor in the city of Moscow due to the administrative responsibility of one of the well-known retail organizations for including conditions infringing the rights and legitimate interests of consumers in the consumer agreement when distributing gift certificates (cards). The article contains excerpts from judicial acts issued during the consideration of cases, carries out detailed examination of issues related to the legal qualification of the gift certificate sold by entrepreneurs to consumers, and provides the author’s comment on possible ways of regulation when considering actually developing relations between retailers and consumers when they are making a contract, where the object is a gift certificate (card).

Religious Markets, Capital Markets, and Church Finances in Industrializing America

2017 ◽  
Author(s):  
Eric Baldwin
Keyword(s):  
Capital Markets ◽  
Detailed Examination ◽  
Social Stability ◽  
Religious Institutions ◽  
Moral Norms ◽  
The Public ◽  
Nineteenth Century America ◽  
Protestant Churches ◽  
Church Finances ◽  
The City

A number of scholars in recent years have turned to market models to describe religion in nineteenth-century America, arguing that competition among churches largely accounts for the nation’s relative religious vitality. However, a detailed examination of one religious ‘marketplace’—the city of Lowell, Massachusetts—demonstrates the limits of such interpretations. First, such scholars fail to capture the ways that Protestant churches functioned as an interdenominational de facto establishment, co-operating in the shared project of promoting the public good and defending moral norms. Also, to the extent that churches did compete, they competed for money, as much as for adherents. In doing so, they appropriated new methods accompanying the expansion of capitalism, competing for funds in nascent capital markets. Thus, churches appealed to individuals not primarily as consumers of religious goods, but as potential investors in religious institutions, and presented churches as both safe and profitable investments and bulwarks of social stability.

Die Aufbrauchfrist im Patentverletzungsprozess

2021 ◽  
Author(s):  
Anton Frey
Keyword(s):  
Independent Solution ◽  
Detailed Examination ◽  
Third Parties ◽  
Legal Institution ◽  
Grace Period ◽  
German Patent ◽  
Complex Products ◽  
Extended Application ◽  
Legitimate Interests ◽  
First Time

For the first time, this work deals comprehensively with the legal institution of a grace period in patent infringement proceedings. By granting such a grace period, the automatic injunction in accordance with Sec. 139 (1) of the German Patent Act can be limited temporally in case of disproportionality. The case groups of complex products, ambush situations and legitimate interests of third parties are particularly relevant in this context. After a detailed examination of these case constellations and of the grace period in general, the author presents an independent solution in which he advocates an extended application of the grace period.

scholarly journals X. Observations on a Grant of an Advowson of a Chantry to a Guild in 34 Henry VI., exhibited by Joseph Jackson Howard, Esq. F.S.A.

Archaeologia ◽  
1860 ◽  
Vol 38 (1) ◽  
pp. 135-148
Author(s):  
Weston Styleman Walford
Keyword(s):  
New Work ◽  
The North ◽  
North Side ◽  
The Gift ◽  
Henry Vi ◽  
City Of London ◽  
The City ◽  
Brothers And Sisters

The Deed exhibited this evening by Mr. Joseph Jackson Howard has appeared to me sufficiently interesting to justify a few remarks on its contents. It bears date the 7th of August 1456 (34 Hen. VI.). By it Richard Acreman granted to John Oudene, master of the fraternity or guild of St. George of the Men of the Mystery of Armourers of the city of London, to John Ruttour and William Terry, the wardens, and to the brothers and sisters of the same guild the advowson of or right of presenting a chaplain to the chantry which Joan, formerly the wife of Nicholas de Wokyndon, Knight, founded at the altar of St. Thomas the Martyr in the new work of the cathedral church of St. Paul, London, viz. on the north side of the same church; which altar was, at the time of this grant, placed in the chapel then commonly called the chapel of St. George within the said church, in which chapel the said guild was then lately founded and established by King Henry VI.: this advowson the said Richard Acreman had of the grant of Thomas Coburley and Thomas Burghille, who had it (inter alia) of the gift of Richard Bastard of Bedford and Isabella his wife, who was kinswoman and heiress of the said Nicholas de Wokyndon. The deed was witnessed by William Marwe, the Mayor of the city of London, and John Yonge and Thomas Ouldegreve, the Sheriffs.

scholarly journals Features of Legal Regulation of the Circulation Order of Gift Certificates

2019 ◽  
pp. 72-80
Author(s):  
Avak Vartanian
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Advance Payment ◽  
Foreign Countries ◽  
The Gift ◽  
The Usa ◽  
The Subject ◽  
The Republic ◽  
Gift Certificate

The article analyzes the novels of the legislation of the Republic of Belarus concerning the procedure for using gift certificates when selling goods (performance of works, rendering services). It has been done a comparative analysis of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus, Ukraine and some foreign countries (Canada, the USA). The author raises some problems concerning the use of a gift certificate in civil circulation. It is pointed out that there is uncertainty both in the theory of civil law and at the level of legislative regulation regarding the civil law nature of a gift certificate. It is noted that the analysis of the legislation in force in the Republic of Belarus allows us to define a gift certificate as a document certifying the property right (requirement) of its holder (bearer) to receive goods (works, services), and the amount of money contributed when purchasing a gift certificate, as advance payment (advance payment). At the same time, such an approach of the legislator is criticized due to the fact that there is a clear contradiction to the requirements of Art. 402 of the Civil Code of the Republic of Belarus, from the content of which it follows that the advance payment presupposes the existence of a contract in which the subject has been agreed, which is not typical of most gift certificates, due to the fact that they do not contain an indication of the subject of the contract. Having done the analysis of the civil legislation of Ukraine, the author makes a conclusion that there is application of the rules on a purchase agreement to gift certificates, the subject of which may be property rights in accordance with the Civil Code of Ukraine. The conclusion is made about the imperfection of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus and Ukraine, as well as about the complex legal nature of the gift certificate, regarding which legal regulation should be more universal, defining a gift certificate as an independent object of civil legal relationship.

scholarly journals Incremental residential densification and urban spatial justice: The case of England between 2001 and 2011

Urban Studies ◽  
2020 ◽  
pp. 004209802093696
Author(s):  
Peter Bibby ◽  
John Henneberry ◽  
Jean-Marie Halleux
Keyword(s):  
Comparative Analysis ◽  
Social Equity ◽  
Detailed Examination ◽  
Residential Development ◽  
Substantial Contribution ◽  
Lower Income ◽  
Urban Experience ◽  
Spatial Justice ◽  
Residential Space ◽  
The City

Study of the relation between urban density and social equity has been based mostly upon comparative analysis at the city level. It therefore fails to address variations in intra-urban experience and sheds no light on the process of urban densification. Incremental residential development is particularly poorly recorded and under-researched, yet cumulatively it makes a substantial contribution to the supply of dwellings. The article presents a detailed examination of this form of development in England between 2001 and 2011, and considers its impact on urban spatial justice. We find that the incidence of soft residential densification was very uneven. It had disproportionately large effects on neighbourhoods that were already densely developed and that were characterised by lower income households with access to relatively little residential space. It thus contributed to an increase in the level of inequality in the distribution of residential space, increasing socio-spatial injustice.

The Letter of Recommendation as Strange Work

PMLA ◽  
2012 ◽  
Vol 127 (4) ◽  
pp. 954-962
Author(s):  
Margaret Ferguson
Keyword(s):  
The Other ◽  
Free Lunch ◽  
Other Hand ◽  
The Gift ◽  
English Major ◽  
The Common ◽  
The One ◽  
Gift Certificate ◽  
Time And Energy ◽  
Made In

On the one hand, the gift presents itself as a radical Other of the commodity—and therefore also of work, insofar as the latter is understood as an investment of time and energy made in the expectation of wages or profit. On the other hand, the idea of the gift seems constantly to be drawn back under the horizon of rational exchange, and to be thus endlessly re-revealed as a secret ally of both work and the Work.—Scott Cutler Shershow, The Work and the GiftI have put together all these details to convince you that this recommendation of mine is something out of the common.Quae ego omnia collegi, ut intellegeres non vulgarem esse commendationem hanc meam.—Cicero, Epistulae ad familiares, book 13LAST FALL I FOUND IN MY OFFICE MAILBOX AN ENVELOPE FROM A SOPHOMORE ENGLISH MAJOR WHO HAD ASKED ME DURING THE SUMMER for a last-minute letter of recommendation for a scholarship competition. The envelope contained a handwritten thank-you note—and a gift certificate for a local restaurant. I e-mailed the student to thank her and to tell her that I couldn't accept the gift certificate since the letter I had written for her was part of my job as a teacher. She insisted; I insisted. She said that several teachers had turned her down before I agreed (from a hotel in Germany) to write for her. I felt rueful, as well as grateful to her for the token of gratitude that I couldn't accept. Eventually she won the debate: I accepted the printed piece of paper and took my daughters out to a free lunch.

A Gift of a Pagoda, the Presence of a Prominent Citizen, and the Possibilities of Hospitality

10.1068/d347t ◽  
2005 ◽  
Vol 23 (1) ◽  
pp. 11-28 ◽  
Author(s):  
Wun Fung Chan
Keyword(s):  
Ethnic Minority ◽  
Public Space ◽  
Ethnic Minorities ◽  
Ethnic Differences ◽  
Public Discourse ◽  
Ethnic Community ◽  
The Other ◽  
The Gift ◽  
Economic Vitality ◽  
The City

To counter accusations that ethnic minorities in Britain are a problem, there is an emerging discourse that has begun to celebrate diversity as an asset, which contributes towards the nation's cultural and economic vitality. However, although this reevaluation of ethnic differences has proved to be a useful defence of the presence of ethnic minorities, the types of contributions and their significance have been left unexplored. In this paper I closely examine one such contribution, a Chinese pagoda, which was given to the City of Birmingham by an ethnic entrepreneur. By carefully analysing the views of the gift giver, planning documents, and public discourse on the pagoda, I argue that the different narratives—which encompass the themes of representing an ethnic community, hospitality, and gift giving—are discontinuous. In doing so, I illustrate some of the limits to Birmingham's hospitality and mark out a series of informal obligations of citizenship that are written into Birmingham's public space. I conclude by suggesting that if a gift of hospitality is to be given it is necessary to consider the other of the ethnic minority as an asset, citizenship, and presence.

scholarly journals The Work of Karel Boublík

2021 ◽  
Vol 55 (1-2) ◽  
Author(s):  
Yury Biryulov
Keyword(s):  
Residential Buildings ◽  
Detailed Examination ◽  
Art Nouveau ◽  
Important Place ◽  
Cultural Methods ◽  
The Press ◽  
Czech Lands ◽  
The City ◽  
Second Wave ◽  
Artistic Analysis

The article presents the first detailed examination of the life and work of Karel Boublík (1869 – 1925), a Lviv architect of Czech origin, who from 1897 to 1914 designed many residential buildings in the city. Boublík also headed the Czech Conversation Club (Česká beseda) in Lviv – the oldest Czech association in the world outside the original Czech lands – where he was also an amateur actor and director. The activities of Karel Boublík assumed an important place in the artistic life of Lviv at the end of the 19th and the beginning of the 20th century; consequently, it is important and urgent not only for the study of the architecture of the city to research, preserve and popularize the heritage of this artist. His personality and work have not yet been examined in detail in the intentions of art history and in his homeland, in the Czech Republic, Boublík is still unknown among experts. The purpose of the article is to uncover and define the specifics of Boublík’s architectural legacy. The study is based on a comprehensive approach, using biographical and historical-cultural methods, including artistic analysis. Archival sources and information from the press at the time are an integral part of the study. Boublík’s buildings are an example of the stylistic transition from Historicism in its Neo-Baroque version to Art Nouveau and the second wave of Historicism in 1909 – 1914, with elements of modernized historical styles. His buildings were exceptional in their originality, with a special emphasis on sculptural decoration and metal ornaments. The architect’s tendency to highlight protruding spherical and prismatic forms has been demonstrated, with a sharp vertical accent of roofs, often pyramidal, with complex ends – with multi-level wavy and rounded attics, towers and dormers.

Penjor Sebagai Simbol Pencitraan Diri Umat Hindu di Kota Mataram

2020 ◽  
Vol 3 (1) ◽  
pp. 51-74
Author(s):  
I Wayan Sutama
Keyword(s):  
Standard Form ◽  
The Self ◽  
Literature Study ◽  
Religious Rituals ◽  
Self Image ◽  
The Gift ◽  
History Of ◽  
The Aesthetic ◽  
Artistic Values ◽  
The City

In contemporary development, the penjor is increasingly being used both as a means of religious rituals and as a profane means. This research focuses on 3 questions 1). What is the process of the emergence of penjor in the city of Mataram? 2). What are the types, functions, and meanings of penjor in the city of Mataram? 3). How is penjor a symbol of the self-image of Hindus in the city of Mataram? This study uses a qualitative descriptive approach that emphasizes the interpretation of denotative and connotative meanings by using the theory of symbolic and semiotic interactionism. Data collection techniques by observation, interview, literature study, and documentation. The results of the analysis include: 1) The appearance of penjor in the city of Mataram began with the history of the attack of the Karangasem kingdom to Lombok. The increasingly safe situation of Lombok encourages the transfer of the Karangasem community to Lombok which carries Balinese Hindu traditions, including penjor, 2) Penjor is divided into 2 types namely ceremonial penjor and ornamental penjor. Penjor ceremony is made from bamboo with curved edges, the trunk is decorated with Ambu (young palm leaves) or Busung (young coconut leaves) filled with accessories. Penjor ceremony functioned as a means of religious rituals (god yadnya) and Manusa yadnya. The meaning of penjor symbolizes the mountain and its contents where the gods come from, as a form of expression of gratitude for the gift given by God and the celebration of Galungan. The commodification of penjor in the city of Mataram is still in a standard form but has begun to use a combination of natural and synthetic ingredients. 3) Penjor is a symbol of the self-image of Hindus, showing internal solidarity with other Hindus and externally to present the front stage as a Hindu that refers to the aesthetic and artistic values ​​of religious ritual symbols that contain the values ​​of the Satyam, Siwam, Sundaram.

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