scholarly journals Housing protection and temporal priority

Perspectivas ◽  
2020 ◽  
Vol 11 (1) ◽  
pp. 43-54
Author(s):  
Natalia Leonor Monge ◽  
Keyword(s):  
Real Estate ◽  
Human Right ◽  
Official Report ◽  
Temporal Priority ◽  
Commercial Code ◽  
The Law ◽  
Linguistic Problem ◽  
The Way

As soon as the law 26.994 entered into effect it replaced the wellknown family property regulated by the law 14.394. “The new protection regime finds its grounds in the Human Right to housing and it becomes an independent familial institution, though not unconnected to it” (Herrera et al., 2015, p. 410). The new regime returns to the table a subject, by the way quite discussed in the doctrine linked, to the temporary priority of registration. In this sense, the normative design refers us to the treatment that the National Real Estate Registry Law, that is, implicitly recognizes the existence of two types of priority with very different effects Therefore, this work will bring to light the linguistic problem considering the wording of the second paragraph of the article 244 of the Civil and Commercial Code. In the same way, the deducted difficulties on the assumption of direct priority will be exposed and, lastly, considering that housing is an essential human right, a work alternative that resembles the effects of the official report to the premise of indirect priority will be offered.

English Property Law, the Claims of Creditors, and the Colonial Legal Transformation

2021 ◽  
pp. 59-73
Author(s):  
Claire Priest
Keyword(s):  
Real Estate ◽  
Legal System ◽  
Credit Markets ◽  
Property Law ◽  
Colonial Era ◽  
English Law ◽  
The Law ◽  
The Way

This chapter examines the legal doctrines relating to credit markets and commodification, looking at the issue of assets the legal system protected from the claims of creditors. It describes how colonial legislatures reformed English law to expand the scope of creditors' remedies against land and slaves. The chapter then considers the way that, prior to 1732, colonial legislatures used debtor–creditor law strategically to advance local interests vis-à-vis English creditors. Colonial legislatures were also responsible for creating the law of slavery, a foreign concept to English law. Laws were enacted throughout the colonial era defining slaves variously as “real estate” or “chattel” to achieve alternate ends.

Prawne aspekty eutanazji w Holandii

2016 ◽  
Vol 14 (3) ◽  
pp. 243-253
Author(s):  
Grzegorz Stefanowicz
Keyword(s):  
The Netherlands ◽  
Assisted Suicide ◽  
Public Authority ◽  
Dutch Society ◽  
On Demand ◽  
Limited Length ◽  
The Law ◽  
Death On Demand ◽  
The Way

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.

Konsep Ihsân dalam Wacana Pendidikan Islam

TAJDID ◽  
2019 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Husni Husni
Keyword(s):  
Existence Of God ◽  
Good Deed ◽  
The Law ◽  
To Receive ◽  
Islamic Society ◽  
Muslim Scholars ◽  
The Way

This article studies the concept of Ihsan (good deed) in the thought of ulama mufassirs (Muslim scholars interpretering the Qur’an). The result of the study being carried out by the writer is that the concept of ihsan being too narrowly interpreted, proves that it has wide interpretation in the thought of muffasirs. If so far among society the concept of ihsan has been narrowly interpreted on the good deed or doing good deed, so according to mufassirs, the concept means: (1) carrying out all obligations, (2) being patient to receive all the obligation and anything forbidden by God, (3) being obedient and always perfects his obedience in quality as well as in the way, (4) forgiving, (5) being sincere, (6) realizing the existence of God, (7) emphasizing the esoteric aspect rather than exoteric world, (8) knowledge, (9) being firm in the truthfulness, (10) havng understanding about the true teachings of God, (11) having good comprehension about the law appropriately applied among the Islamic society. The wide meaning of this concept because this concept is really expressed by the Koran in context. This article tries to attach the concept of Ihsan in several meanings about the education world

The Law of Tort

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Liability ◽  
French Law ◽  
The Law ◽  
Broad Approach ◽  
The Way

This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in tort, it becomes apparent that the need to avoid extending the scope of civil liability to an unlimited extent has also been present in French law. Indeed, in order to achieve desirable results, French judges have on many occasions used their discretion to interpret restrictively the elastic concepts of fault, damage, and causation. Hence, they end up dismissing claims which, for policy reasons, would have created unjust results or would have opened the gates to a flood of new claims. Thus, even though French judges do not admit to it openly in their judgments, they are influenced as regards the matter of deciding the limits of liability by general policy considerations, especially the ‘floodgates arguments’ which their English counterparts also readily understand.

scholarly journals Does the Law Determine What Heritage to Remember?

2021 ◽  
Author(s):  
Marie-Sophie de Clippele
Keyword(s):  
Cultural Identity ◽  
Cultural Heritage ◽  
State Intervention ◽  
Historical Knowledge ◽  
Human Right ◽  
Political Will ◽  
The Public ◽  
The Past ◽  
The Law ◽  
Ideological Manipulation

AbstractCultural heritage can offer tangible and intangible traces of the past. A past that shapes cultural identity, but also a past from which one sometimes wishes to detach oneself and which nevertheless needs to be remembered, even commemorated. These themes of memory, history and oblivion are examined by the philosopher Paul Ricoeur in his work La mémoire, l’histoire, l’oubli (2000). Inspired by these ideas, this paper analyses how they are closely linked to cultural heritage. Heritage serves as a support for memory, even if it can be mishandled, which in turn can affect heritage policies. Memory and heritage can be abused as a result of wounds from the past or for reasons of ideological manipulation or because of a political will to force people to remember. Furthermore, heritage, as a vehicule of memory, contributes to historical knowledge, but can remain marked by a certain form of subjectivism during the heritage and conservation operation, for which heritage professionals (representatives of the public authority or other experts) are responsible. Yet, the responsibility for conserving cultural heritage also implies the need to avoid any loss of heritage, and to fight against oblivion. Nonetheless, this struggle cannot become totalitarian, nor can it deprive the community of a sometimes salutary oblivion to its own identity construction. These theoretical and philosophical concepts shall be examined in the light of legal discourse, and in particular in Belgian legislation regarding cultural heritage. It is clear that the shift from monument to heritage broadens the legal scope and consequently raises the question of who gets to decide what is considered heritage according to the law, and whether there is something such as a collective human right to cultural heritage. Nonetheless, this broadening of the legislation extends the State intervention into cultural heritage, which in turn entails certain risks, as will be analysed with Belgium’s colonial heritage.

scholarly journals What is a firm? A reply to Jean-Philippe Robé

2021 ◽  
pp. 1-11
Author(s):  
Simon Deakin ◽  
David Gindis ◽  
Geoffrey M. Hodgson
Keyword(s):  
Theory Of The Firm ◽  
Recent Book ◽  
Everyday Language ◽  
Modern Capitalism ◽  
Legal Foundations ◽  
Common Parlance ◽  
The Law ◽  
Business Entities ◽  
Definition Of ◽  
The Way

Abstract In his recent book on Property, Power and Politics, Jean-Philippe Robé makes a strong case for the need to understand the legal foundations of modern capitalism. He also insists that it is important to distinguish between firms and corporations. We agree. But Robé criticizes our definition of firms in terms of legally recognized capacities on the grounds that it does not take the distinction seriously enough. He argues that firms are not legally recognized as such, as the law only knows corporations. This argument, which is capable of different interpretations, leads to the bizarre result that corporations are not firms. Using etymological and other evidence, we show that firms are treated as legally constituted business entities in both common parlance and legal discourse. The way the law defines firms and corporations, while the product of a discourse which is in many ways distinct from everyday language, has such profound implications for the way firms operate in practice that no institutional theory of the firm worthy of the name can afford to ignore it.

scholarly journals Bridging Ride and Play Comfort

Information ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 119
Author(s):  
Zeliang Zhang ◽  
Kang Xiaohan ◽  
Mohd Nor Akmal Khalid ◽  
Hiroyuki Iida
Keyword(s):  
Physical Performance ◽  
Ride Comfort ◽  
Roller Coaster ◽  
Mental Experience ◽  
The Law ◽  
Target Environment ◽  
Rider Comfort ◽  
The Relationship ◽  
Suitable Environment ◽  
The Way

The notion of comfort with respect to rides, such as roller coasters, is typically addressed from the perspective of a physical ride, where the convenience of transportation is redefined to minimize risk and maximize thrill. As a popular form of entertainment, roller coasters sit at the nexus of rides and games, providing a suitable environment to measure both mental and physical experiences of rider comfort. In this paper, the way risk and comfort affect such experiences is investigated, and the connection between play comfort and ride comfort is explored. A roller coaster ride simulation is adopted as the target environment for this research, which combines the feeling of being thrill and comfort simultaneously. At the same time, this paper also expands research on roller coaster rides while bridging the rides and games via the analogy of the law of physics, a concept currently known as motion in mind. This study’s contribution involves a roller coaster ride model, which provides an extended understanding of the relationship between physical performance and the mental experience relative to the concept of motion in mind while establishing critical criteria for a comfortable experience of both the ride and play.

scholarly journals The Cognitive Psychology of Rules of Interpretation in International Law

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 258-262
Author(s):  
Anne van Aaken
Keyword(s):  
Cognitive Psychology ◽  
International Law ◽  
Vienna Convention ◽  
International Treaty ◽  
Treaty Law ◽  
Psychology Perspective ◽  
The Law ◽  
Biases And Heuristics ◽  
The Way

While Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT) prescribe the rules of interpretation for international treaty law as “disciplining rules,” the rules of interpretation themselves are understudied from a cognitive psychology perspective. This is problematic because, as Jerome Frank observed, “judges are incurably human,” like everybody else. I submit that behavioral approaches could provide insights into how biases and heuristics affect the way judges and other interpreters use the VCLT rules.

The Law of Martial Rule

1928 ◽  
Vol 22 (3) ◽  
pp. 591-616
Author(s):  
Charles Fairman
Keyword(s):  
Public Opinion ◽  
Martial Law ◽  
General Belief ◽  
Military Tribunal ◽  
The Law ◽  
The Military ◽  
The Way

It is not in the least unusual, in newspaper accounts of a strike, riot, flood, or fire, to read that the governor has proclaimed martial law and summoned the militia to the threatened zone. However exaggerated such reports may be, they are evidence of a general belief that there exists some mysterious “martial law” which, when proclaimed, augments the powers of soldiers and paves the way for heroic measures. Nor are these notions wholly fanciful. For such a proclamation may indeed be followed by an extraordinary régime in which the military authority will issue regulations for the conduct of the civil population, troops may be called upon to take life, and perhaps the individuals accused of fomenting trouble will be held without authority of a court, or in some cases may even be tried by a military tribunal. Quite likely these severe measures will receive the approval of public opinion. Yet it is surprising that a people ordinarily rather legalistic should have evinced so little disposition to inquire what rules of law, if any, govern the exercise of these military powers. To answering that unasked query the present study is addressed.

The Work of the International Law Commission, 2007–2011: Progress and Prospects

2012 ◽  
Vol 106 (2) ◽  
pp. 322-340 ◽  
Author(s):  
Donald McRae
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflicts ◽  
General Assembly ◽  
Un General Assembly ◽  
The Law ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission ◽  
The Way

On November 17, 2011, the UN General Assembly elected the members of the International Law Commission for the next five years. In the course of the quinquennium that was completed in August 2011 with the end of the sixty-third session, the Commission concluded four major topics on its agenda: the law of transboundary aquifers, the responsibility of international organizations, the effect of armed conflicts on treaties, and reservations to treaties. It was by any standard a substantial output. The beginning of a new quinquennium now provides an opportunity to assess what the Commission has achieved, to consider the way it operates, and to reflect on what lies ahead for it.

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