scholarly journals PROTECTION OF BANK DEPOSITS IN ISLAMIC JURISPRUDENCE AND ALGERIAN LEGISLATION

2018 ◽  
Vol 18 (2) ◽  
pp. 184
Author(s):  
Rabhi Lakhdar ◽  
Benyekken Abdelmadjid

<p><em><em>Bank deposit of all kinds is the main money source and lifeblood of the </em>commercial bank, so that no other party has the right to receive the money from the public.</em><em> </em><em>The issue of deposit protection has received considerable attention from Islamic jurisprudence, for its role in achieving economic development through spreading confidence in depositors and increasing deposits, which leads to increased investment and financing operations.</em><em> </em><em>The Algerian legislation also gave great attention to bank deposits, with specific and detailed provisions, both in a bank law and in commercial law.</em><em> </em><em>Questions have been raised about the concept of bank deposits</em><em>, </em><em>its legal nature</em><em>, and w</em><em>hat protection i</em><em>t</em><em> i</em><em>s</em><em> for</em><em>.</em><em> </em><em>These are described in this study on t</em><em>he protection of bank deposits in Islamic jurisprudence and Algerian legislation, relying on a collection of references and texts of jurisprudence and legal, as well as some websites.</em><em> </em><em>This </em><em>study covers</em><em> four axes </em><em>regarding the relevant </em><em>concept</em><em>.</em><em> First</em><em>, a</em><em> conceptual introduction to </em><em>the key </em><em>terms in this </em><em>study</em><em>. Second</em><em>,</em><em> </em><em>t</em><em>he legal nature of bank deposits. Third</em><em>,</em><em> </em><em>t</em><em>ypes of bank deposits; </em><em>f</em><em>ourth</em><em>,</em><em> </em><em>p</em><em>rotection of bank deposits.</em><em> </em></p>

Gerontologia ◽  
2017 ◽  
Vol 31 (3) ◽  
pp. 227-242
Author(s):  
Laura Kalliomaa-Puha

Jokaisella vanhuksella on Suomessa yksilöllinen, viime kädessä perustuslaissa taattu, oikeus riittävään hoivaan ja huolenpitoon. Silti tämä oikeus on usein käytännössä riippuvainen siitä, onko vanhalla ihmisellä omaisia tukenaan. Tässä artikkelissa tarkastellaan sitä, miten oikeus hoivaan ja hoitoon taataan lainsäädännössä. Omaisilla ei lain mukaan ole vastuuta hoivan järjestämisestä, mutta silti lainsäädäntö monessa kohdin ikään kuin olettaa omaisten olevan vanhuksen tukena. Vaikka omaiset usein ovatkin tukena, miten perusoikeus hoivaan ja huolenpitoon toteutuu niillä vanhuksilla, joilla ei ole omaisia? Artikkeli nostaa vakavimpana omaisolettaman riskinä esiin ne vanhukset, joilla on omaisia, mutta joiden omaiset eivät osaa tai halua auttaa. Right to care and presumption of family and friends in the Finnish legislation According to Finnish legislation the public authorities must guarantee adequate social, health and medical services for those old persons who cannot obtain means necessary for a life of dignity. Yet in practice this right to receive indispensable subsistence and care often depends on the fact whether the old person happens to have family or friends to help her or him. As if the legislation supposes there are friends and family to help, even though, according to Finnish law, family members do not have legal responsibility to take care of an elderly person. This article elaborates how the right to care is guaranteed in Finnish legislation and what the law says about the responsibilities of the family. Even though most of the relatives do help their elderlies, how is the right to care fulfilled for those old persons who do not have family? Perhaps the elderlies who have family and friends, which do not help or do not know how to, are in the most vulnerable situation.


2016 ◽  
Vol 14 (4) ◽  
pp. 937-939
Author(s):  
Renato Vrenčur ◽  
Michael Knaus ◽  
Matjaž Tratnik

Servitudes (easements) traditionally include the right to use foreign property. Specific types of servitudes are servitudes in the public interest. These are set up either in favour of the state, municipalities or operators of utilities. These servitudes are subject to some specific rules. For example, servitude in the public interest is established to carry out an undertaking for the operation of economic activity, i.e. to pursue public interests. It is needed for the duration of the use of public infrastructure; therefore, Article 227 of SPZ, under which a servitude may only be established for a limited duration of not more than thirty years, is not suitable for these servitudes. Furthermore, these servitudes are not independently transferable; they are transferred together with the right to operate economic public infrastructure. The authors discuss in particular the specific legal nature of a servitude in the public interest.


2019 ◽  
Vol 88 (1) ◽  
pp. 39-46
Author(s):  
Mohammad Yasser Sabbah

The health care system in the State of Israel consists of two sectors - the public sector, which includes government-owned hospitals and medical institutes. The public health sector includes the community health system, health funds, family medicine, the general care system and the mental health care system. The second sector is the private sector, which includes private hospitals and medical institutes. Both sectors are supervised by the Israeli Ministry of Health, which is the supreme governmental authority through which it implements its policy in the entire health system in Israel. The law provides and guarantees medical insurance for every resident of Israel, the right to receive medical treatment, the prohibition of discrimination, informed consent to medical treatment, the right to receive an additional medical opinion, the dignity and privacy of the patient and the right to attend. Health funds in Israel were established before the State of Israel was established. The ideological concept of the health funds was based on the principle of equality and mutual assistance.


2017 ◽  
Vol 18 (1) ◽  
pp. 65-72
Author(s):  
Marcelo Ferreira Ribas

O presente artigo visa abordar a questão da efetividade dos Direitos Sociais a partir da análise da Emenda Constitucional nº 90/2015, que inseriu o transporte no rol dos Direitos Sociais da Constituição Federal. Para tanto, adota-se a metodologia de abordagem dedutiva, posto partir da análise doutrinária do direito material para compreender seus desdobramentos fáticos e, no desenvolvimento da pesquisa, emprega-se a técnica de documentação indireta, mediante o recurso à bibliografia de juristas que discorrem sobre o tema. Depreende-se que o reconhecimento do direito ao transporte como Direito Social apresenta-se como oportunidade para refletir acerca do conceito e da natureza jurídica dos Direitos Sociais e de seu lugar no ordenamento jurídico. Como Direitos Fundamentais, os Direitos Sociais privilegiam a igualdade material na sociedade e, para tanto, demandam prestações por parte do Estado em benefício da população carente. Juridicamente eficazes, a eficácia social ou efetividade encontra óbice na teoria da reserva do possível, por meio da qual o Estado alega insuficiência de recursos a serem dispendidos para a concretização desses direitos. Além disso, há também o poder de disposição do Estado para geri-los discricionariamente, por meio do qual age, por vezes, desconsiderando as expectativas da sociedade. Ao final, propõe-se o aprimoramento dos instrumentos que garantam a participação popular na gestão democrática do orçamento público e na tomada de decisões, em vista da superação dos problemas relativos à efetividade dos Direitos Sociais e, consequentemente, da distância existente entre a norma e a realidade.Palavras-chave: Transporte. Direitos Sociais. Reserva do Possível. Discricionariedade.AbstractThis article aims to approach the issue of the effectiveness of social rights from the analysis of Constitutional Amendment 90/2015, which inserted the transportation in the roll of social rights of the Federal Constitution. For that, the methodology of deductive approach is adopted, based on a doctrinal analysis of the material law to understand its unfolding events and, during the research development,the technique of indirect documentation is used, through the use of the jurists’ bibliography who discourse about the subject. It seems that the recognition of the right to transportation as a social right presents itself as an opportunity to reflect on the concept and legal nature of social rights and their place in the legal system. As fundamental rights, the social rights privilege the material equality in the society and, therefore, demand State provisions in benefit of the poor population. Legally effective, the social effectiveness or effectiveness finds obstacle in the reserve of the possible theory, whereby the State claims insufficient resources to be spent for the realization of these rights. In addition, there is also the State’s power to dispose of it at its own discretion, by means of which it sometimes acts in disregard of the society expectations. In the end, it is proposed to improve the instruments that guarantee popular participation in the democratic management of the public budget and in decisionmaking, in order to overcome the problems related to the effectiveness of social rights and, consequently, the distance between the norm and the reality. Keywords: Transportation. Social Rights. Reserve of the Possible. Discretion.


Author(s):  
Stavroula Karapapa

A number of copyright exceptions and limitations aim to promote the production of new copyright works and new authorship, and the protection of the public interest in gaining access to information and knowledge embodied in copyright-protected works. Most of these exceptions are premised on a fundamental human rights justification, such as freedom of speech or freedom of the press, or the right to access protected works without discrimination on grounds of disability. These include, for instance, reproduction by the press for the reporting of current events, quotations for criticism or review, and uses for the purpose of caricature, parody, or pastiche. They also include exceptions and limitations available to persons who are blind, visually impaired, or otherwise print-disabled. Although these exceptions and limitations are express manifestations of fundamental human rights, their scope remains relatively narrow and their legal nature and status against contractual overridability is not settled. Indeed, the permissibility of the relevant activities is subject to a number of internal limitations that may not work well in light of modern uses of materials in the online context. These include purpose limitations, such as the requirement that some uses ought to be non-commercial, scope limits (e.g. the doctrinal requirement that parodies have to be an expression of humour and mockery to be lawful), or restrictive principles that are inherent within copyright, like attribution to the source of the original work.


Author(s):  
Anastasiia Diadiuk ◽  

An article explores theoretical and practical problems of the assignment of the claim dividends to joint-stock companies. The author pointed to the legal nature of the transfer of the right of claim. Were studied the peculiarities and procedure of transferring the shareholder's right to receive dividends due to him to third parties. The right to receive dividends by a shareholder gives rise to a monetary obligation, the parties to which are a company (the debtor) and a shareholder (the creditor). We can see the possibility of assignment of the right to claim payment of dividends as a legal basis for replacing the creditor (shareholder) in the obligation because of the absence of a direct legal prohibition, as well as the personal nature of the legal relationship between the company and the shareholder. The practical implementation of this possibility is complicated by several factors, including the lack of a clear legal position on the nature of dividends, as well as the right to receive dividends; legislative non-regulation of the procedure for assignment of the right to demand payment of dividends. The analyzed decisions of the state regulator indicate the impossibility of replacing the creditor in the obligation to pay dividends if the shareholder transfers his rights to another person under the transaction (agreement) in the manner prescribed by regulations. The legal doctrine shows, the essence of the shareholder's right to dividends allows distinguishing the corporate right to dividends, and the right to claim payment of dividends (obligatory). Accordingly, the right to claim payment of dividends has the characteristics of an independent property object (asset), which may be the object of a contractual relationship. The obligatory right to demand payment of dividends will be the subject of a contract of assignment of the right to claim dividends to be paid (cession), as a kind of agreement of assignment of the right to demand a monetary obligation. The conclusion of an agreement on the assignment of the right to claim dividends is possible only after the acquisition by the shareholder (original creditor) of the right to claim the company.


Author(s):  
José Luis García Guerrero

The present Project contains a complete synthesis of the constitutional Spanish jurisprudence. The author considers that the right to freedom and the political rights are grouped around three or four genres. It identifies, between those, the freedom of communication that the constitutional assembly and the constitutional jurisprudence have extended to all sorts of activities. After this assumption, the project is focused on giving a view of the freedom of communication from the point of view of the differences between the freedom of information and the freedom of speech in a strict way. After defending a legal nature which protects all kinds of communications and which can be exercised by all sorts of chaps; it is rejected that the institutional offshoot explains the really different limitations that several messages introduce, wide restrictions regarding commercial speech or pornography and dropped ones regarding politics. The argument which is proposed for its justification is based on the different systematic connections that are originated between the constitutional rules by the different matter and the purpose pursued by the messages, and, when this yardstick is insufficient, it is complemented with the concept of relevance or public interest, the one which is pretended to be refined. The exercise of that freedom by journalists and maximizing the professional diligence reinforce the freedom of communication when it has to be pondered with other rights or constitutional goods. In Spain, the affair Terminello versus Chicago is considered as a worth yardstick to solve conflicts with the public order.


2011 ◽  
Vol 16 (2) ◽  
pp. 145-148 ◽  
Author(s):  
Richard Schaub

The support for integrating meditation into health care and mental health has reached scientific and public acceptance. For the public to receive the benefits of the mind—body medicine of meditation, it is time for health professionals to step into the role of clinical meditation teachers. Clinical meditation refers to the ability to discern the right kinds of meditation for the right person at the right time. With the increased emphasis on preventative medicine and self-care skills to reduce health care costs, the timing is absolutely appropriate for health professionals to gain skills in this new role.


Medicne pravo ◽  
2021 ◽  
pp. 57-70
Author(s):  
G. A. Myronova

The article examines the legal nature of human rights in the field of health care. It has been substantiated that certain personal inalienable rights of an adult able-bodied patient are derived from the constitutional absolute human rights. These include the right to consent to medical intervention, the right to refuse medical intervention and the right to receive medical information about oneself. The status of law as an absolute constitutional presupposes certain objective differences in the exercise of this right by a person and in the mechanism of intervention of the state and other participants in relations in its exercise. Therefore, the enshrinement of constitutional human rights in special legislation should pursue the goal of providing additional protection of these rights and additional mechanisms for their implementation. In particular, the inclusion of constitutional human rights in civil law should provide additional legal safeguards for respect for the dignity and inviolability of the person in civil relations and additional civil remedies for the exercise of human autonomy in the field of medicine. The author proposes some civil remedies for the patient to exercise their absolute rights.


2021 ◽  
Vol 14 (1) ◽  
Author(s):  
Jude Emmanuel Cléophat ◽  
Michel Dorval ◽  
Zaki El Haffaf ◽  
Jocelyne Chiquette ◽  
Stephanie Collins ◽  
...  

Abstract Background Data on the modalities of disclosing genomic secondary findings (SFs) remain scarce. We explore cancer patients’ and the general public’s perspectives about disclosing genomic SFs and the modalities of such disclosure. Methods Sixty-one cancer patients (n = 29) and members of the public (n = 32) participated in eight focus groups in Montreal and Quebec City, Canada. They were asked to provide their perspectives of five fictitious vignettes related to medically actionable and non-actionable SFs. Two researchers used a codification framework to conduct a thematic content analysis of the group discussion transcripts. Results Cancer patients and members of the public were open to receive genomic SFs, considering their potential clinical and personal utility. They believed that the right to know or not and share or not such findings should remain the patient’s decision. They thought that the disclosure of SFs should be made mainly in person by the prescribing clinician. Maintaining confidentiality when so requested and preventing genetic discrimination were considered essential. Conclusion Participants in this study welcomed the prospect of disclosing genomic SFs, as long as the right to choose to know or not to know is preserved. They called for the development of policies and practice guidelines that aim to protect genetic information confidentiality as well as the autonomy, physical and psychosocial wellbeing of patients and families.


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