scholarly journals Jual Beli Dengan Hak Membeli Kembali (Studi Komparasi Antara Kitab Undang-Undang Hukum Perdata dan Fikih Syafi’i)

JURISDICTIE ◽  
2017 ◽  
Vol 6 (1) ◽  
pp. 50
Author(s):  
Dewi Wulan Fasya
Keyword(s):  
Civil Law ◽  
Supreme Court Decision ◽  
Cost Of Care ◽  
The Supreme Court ◽  
Buy Back ◽  
The Right ◽  
The Cost ◽  
Care Costs ◽  
Right To Buy

This article seeks to examine the concept of buying and selling the right to buy back the book review law and civil law bai 'al-Wafa, according to the Shafi'i fiqh. In addition, this article also aims to determine the ratio of the purchase with repurchase review the statute books of civil law and bai al-Wafa, according to the Shafi'i fiqh. Based on the discussion of this article indicates that the purchase is a period of time agreed to recall goods that have been sold and the sale can not be more than five years. While bai 'al-Wafa, according to the Shafi'i fiqh of buying and selling that took sides coupled with the condition that the sale could be bought back by the seller, when the time limit has been determined arrive, while the goods sold are free to be used by the buyer. In sale and purchase of the right to buy back also set about replacement care costs of goods and so forth, while bai 'alWafa there is no mention of the replacement cost of care, which is paid only the cost of the initial purchase, the last of the law of sale and purchase with a repurchase in KUHPerdata much contested in the Supreme court decision which MA. No. 1729 K / Pdt / 2004, which stated that the purchase of the right to buy back is not allowed, while bai 'al-Wafa laws in Shafi'i fiqh books Raghibin Kanz al-Minhaj Fi Sharh al-Thalibin a transaction is fasid. <br />Artikel ini bertujuan mengetahui konsep jual beli dengan hak membeli kembali tinjauan kitab undang-undang hukum perdata dan bai` al-wafâ menurut fikih Syafi’i. Selain itu, artikel ini juga bertujuan untuk mengetahui perbandingan dari jual beli dengan hak membeli kembali tinjauan kitab undang-undang hukum perdata dan bai` al-wafâ menurut fikih Syafi’i. Berdasarkan uraian pembahasan artikel ini menunjukkan bahwa dalam jual beli ini ada suatu jangka waktu tertentu yang diperjanjikan untuk menebus kembali barang yang telah dijual dan jangka waktu jual beli ini tidak boleh lebih dari lima tahun. Sedangkan bai’ al-wafâ menurut fikih Syafi’i yaitu jual beli yang dilangsungkan dua pihak yang dibarengi dengan syarat bahwa yang dijual itu dapat dibeli kembali oleh penjual, apabila tenggang waktu yang telah ditentukan tiba, sedangkan barang yang dijual tersebut bebas dipergunakan oleh pembeli. Dalam jual beli dengan hak membeli kembali juga mengatur tentang penggantian biaya perawatan barang dan lain sebagainya, sedangkan bai’ al-wafâ tidak ada menyinggung tentang penggantian biaya perawatan, yang dibayarkan hanya harga awal pembelian, terakhir mengenai hukum dari jual beli dengan hak membeli kembali dalam KUHPerdata banyak dipertentangkan dalam putusan Mahkamah Agung diantaranya Putusan MA. No. 1729 K/Pdt/2004 yang menyatakan bahwa jual beli dengan hak membeli kembali tidak diperbolehkan, sedangkan bai’ al-wafâ hukumnya dalam fikih Syafi’i kitab Kanz al-Râghibin Fi Syarh Minhaj al-Thâlibin merupakan jual beli yang fasid

The Compensation of Wrongful Pregnancy in Québec Civil Law

1999 ◽  
Vol 14 (01) ◽  
pp. 61-82
Author(s):  
Louise Langevin
Keyword(s):  
Supreme Court ◽  
Civil Law ◽  
Analytical Framework ◽  
Child Rearing ◽  
Supreme Court Of Canada ◽  
Reproductive Autonomy ◽  
Canadian Charter ◽  
The Supreme Court ◽  
The Right ◽  
The Cost

AbstractThe Supreme Court of Canada has recognized the right to reproductive autonomy for women based on the right to liberty protected by section 7 of the Canadian Charter of Rights and Freedoms. Thus, it is a woman's choice whether to have children. It follows, therefore, that in the case of a violation of her reproductive autonomy, a woman has a right to compensation. It is in light of these principles that I analyze the wrongful pregnancy cases in Québec civil law. From a feminist analytical framework, I posit that Québec courts have effectively denied women the right to reproductive autonomy by awarding compensation for the cost of child-rearing only in cases where a difficult economic situation is evidenced by the parents. In so doing, the courts have not only refused to fully compensate women for the injuries caused to them, but they continue to reproduce the dominant pronatalist ideology in reproductive matters. This judicial reaction to cases of wrongful pregnancy is another example of the gendered dimension of law.

GSS 2011 Linked with TIFF: Exploring the Cost of Child Care in Canada and the Use of the Child Care Tax Benefit

2019 ◽  
Vol 12 (1) ◽  
pp. 81-103
Author(s):  
Leanne Findlay ◽  
Dafna Kohen
Keyword(s):  
Child Care ◽  
General Social Survey ◽  
Cost Of Care ◽  
Indigenous Identity ◽  
Social Survey ◽  
The Cost ◽  
Care Costs ◽  
Compare And Contrast ◽  
Employment Characteristics ◽  
Different Sources

Affordability of child care is fundamental to parents’, in particular, women’s decision to work. However, information on the cost of care in Canada is limited. The purpose of the current study was to examine the feasibility of using linked survey and administrative data to compare and contrast parent-reported child care costs based on two different sources of data. The linked file brings together data from the 2011 General Social Survey (GSS) and the annual tax files (TIFF) for the corresponding year (2010). Descriptive analyses were conducted to examine the socio-demographic and employment characteristics of respondents who reported using child care, and child care costs were compared. In 2011, parents who reported currently paying for child care (GSS) spent almost $6700 per year ($7,500 for children age 5 and under). According to the tax files, individuals claimed just over $3900 per year ($4,700). Approximately one in four individuals who reported child care costs on the GSS did not report any amount on their tax file; about four in ten who claimed child care on the tax file did not report any cost on the survey. Multivariate analyses suggested that individuals with a lower education, lower income, with Indigenous identity, and who were self-employed were less likely to make a tax claim despite reporting child care expenses on the GSS. Further examination of child care costs by province and by type of care are necessary, as is research to determine the most accurate way to measure and report child care costs.

scholarly journals Primary law in medicine, its legal nature

2018 ◽  
Vol 40 ◽  
pp. 01002
Author(s):  
K. Zarins
Keyword(s):  
Supreme Court Decision ◽  
Court Decision ◽  
Constitutional Court ◽  
Right To Life ◽  
Economic Interests ◽  
Economic Opportunities ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Right

Thework will discuss the problems arising from the thesis that the economic opportunities are incompatible with the person's primary law - the right to life and equality of treatment. An actively maintained hypothesis claims that the country's economic opportunities and funding should not restrict or reduce a person's right to life and health. In this aspect, it will also study the role of the constitutional court. The author points to the fact that the adoption of such, here the Supreme Court decision, successive constitutional court for a preliminary inaccurate claim and interpretation of the country's economic interests, could deny the right of people to life only after the consideration that they are of no use and financially expensive to be maintained.

The Right to Assisted Dying: Constitutional Jurisprudence and Its Impact in Canada, Germany and Austria

ICL Journal ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Kerstin Braun
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Constitutional Court ◽  
Supreme Court Of Canada ◽  
Assisted Dying ◽  
Constitutional Courts ◽  
The Supreme Court ◽  
Federal Constitutional ◽  
The Right ◽  
Constitutional Jurisprudence

Abstract Many states are grappling with the regulation of assistance in suicide and ending the life of another upon their request. Initially punishable in most countries, a growing number of jurisdictions have now introduced permissive frameworks decriminalising, to varying degrees, rendering assistance in dying. Other countries, however, have proceeded with the criminal prohibition and several courts have upheld the lawfulness of the respective criminal laws during human rights and constitutional challenges. Yet, the Supreme Court of Canada in 2015, the German Federal Constitutional Court in February 2020 and the Austrian Constitutional Court in December 2020 have respectively declared unconstitutional and void national criminal laws prohibiting rendering assistance in dying. This article first outlines the criminal law framework relating to assisted dying in Canada, Germany and Austria. It subsequently analyses the judgments before pondering their impact on the legal landscape in the three countries. The article concludes that while the Canadian Supreme Court decision appears to have had a significant impact on the introduction of subsequent legislation in Canada, the effects of the Constitutional Courts’ judgments seem much more subdued in Germany and are yet to unfold in Austria.

Consumer Cost-Sharing as a Means to Reduce Health Care Costs

PEDIATRICS ◽  
1980 ◽  
Vol 65 (1) ◽  
pp. 168-170
Author(s):  
Stephen M. Davidson ◽  
John P. Connelly ◽  
R. Don Blim ◽  
James E. Strain ◽  
H. Doyl Taylor
Keyword(s):  
Health Care ◽  
Health Care Costs ◽  
Cost Sharing ◽  
Cost Of Care ◽  
National Commission ◽  
Insurance Policies ◽  
National Medical ◽  
Use Of Services ◽  
The Cost ◽  
Care Costs

The National Commission on the Cost of Medical Care1 states in part (Recommendation 2) that "insurance policies should include provisions through which the consumer shares in the cost of care received, at the time of service, for selected benefits and for selected groups...." These cost-sharing provisions are expected to reduce national medical care expenditures by encouraging consumers to reduce their use of services in order to avoid paying additional money out of their own pockets. They will thus moderate the demand-inducing tendency of insurance, leading the rational consumer to seek only necessary services and to forego those services contributing to what is believed to be over-utilization. As the Commission states in its supporting statement:

Comment The Right to Freedom to Practice One’s Religion in the Constitution of Uganda

2011 ◽  
Vol 6 (1) ◽  
pp. 1-11
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Freedom Of Religion ◽  
Constitutional History ◽  
Religious Groups ◽  
International Human Rights ◽  
Makerere University ◽  
The Supreme Court ◽  
International Human ◽  
The Right

AbstractThe right to freedom to practice one’s religion is protected under the Ugandan constitution and in the international human rights instruments to which Uganda is party. There are also different pieces of legislation governing the marriages and divorces of different religious groups in Uganda. The Supreme Court of Uganda in the judgement of Dimanche Sharon and Others v. Makerere University has dealt with the constitutional limitations on the right to freedom of religion. This article discusses the constitutional history leading to the inclusion of the right to freedom of religion in the Constitution of Uganda and the Supreme Court decision interpreting the limitations on the right to freedom of religion.

scholarly journals The challenge of determining appropriate care in the era of patient-centered care and rising health care costs

2018 ◽  
Vol 24 (3) ◽  
pp. 201-206 ◽  
Author(s):  
Ian Coulter ◽  
Patricia Herman ◽  
Gery Ryan ◽  
Lara Hilton ◽  
Ron D. Hays ◽  
...  
Keyword(s):  
Patient Preferences ◽  
The United States ◽  
Patient Centered Care ◽  
Cost Of Care ◽  
Patient Centered ◽  
Inappropriate Care ◽  
Appropriateness Of Care ◽  
Centered Care ◽  
The Cost ◽  
Care Costs

Appropriateness of care is typically determined in the United States by evidence on efficacy and safety, combined with the judgments of experts in research and clinical practice, but without consideration of the cost of care or patient preferences. The shift in focus towards patient-centered care calls for consideration of outcomes that are important to patients, accommodation of patient preferences, and incorporation of the costs of care in patient-provider shared clinical decisions. The RAND/UCLA Appropriateness method was designed to determine rates of appropriate or inappropriate care, but the method did not include patient preferences or costs. This essay examines how methods of studying appropriateness can be made more patient-centered by describing a modification of the RAND/UCLA method by including patient outcomes, preferences, and costs.

scholarly journals The New Test for Dishonesty in Criminal Law—Lessons From the Courts of Equity?

2019 ◽  
Vol 84 (1) ◽  
pp. 37-48
Author(s):  
Zach Leggett
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Civil Law ◽  
Supreme Court Decision ◽  
Single Test ◽  
Two Stage ◽  
The Supreme Court ◽  
Civil Courts ◽  
Single Objective

The Supreme Court decision in Ivey v Genting Casinos rejected the two-stage test for dishonesty set out in R v Ghosh and replaced it with a single, objective test which transcends both criminal and civil law. This article asks whether it was correct to create a single test for dishonesty and in doing so, what role will subjectivity now play in the criminal law’s application of what is considered dishonest behaviour. Historically, the civil courts have beset with confusion as to the role of subjectivity in the test for dishonesty in the light of Royal Brunei Airlines v Tan. The author will consider whether lessons can be learned from the civil courts and whether similar problems will trouble criminal law, particularly in the light of criticism of the Ivey test and a preference, by some, for subjectivity to play a greater role in criminal liability for theft and other dishonesty offences.

Lawyers in Juvenile Court

1967 ◽  
Vol 13 (4) ◽  
pp. 488-493 ◽  
Author(s):  
Spencer Coxe
Keyword(s):  
Supreme Court ◽  
Juvenile Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
The Supreme Court ◽  
The Right ◽  
Institutional Population

The article delineates the effect of Gault on the "right to counsel" in the juvenile court. It reviews the background of the Supreme Court decision and analyzes the controversy over the lawyer's role in adjudication and disposition and it discusses some of the effects of the ruling on institutional population and the backlog of cases awaiting disposition.

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