scholarly journals Seller and buyer obligations and guarantee of its implementation in the trade law of Iran and Egypt

2021 ◽  
Vol 8 (SPE3) ◽  
Author(s):  
Saeed Sharafoddin Tabatabai ◽  
Seyed Mohsen Razmi ◽  
Mostafa Rajaeipoor
Keyword(s):  
Present Article ◽  
Main Question ◽  
Trade Law ◽  
The Law ◽  
Library Method ◽  
Research Show

The purpose of this article is to study the obligations of the parties to the law in Iran and Egypt and guarantee its implementation. The main question that has been proposed and examined in this regard is what are the obligations of the seller and the buyer in the law of Iran and Egypt? And how can the guarantee of its implementation be assessed in the law of the two countries? The present article is a descriptive-analytical and examines the question using the library method. The results of this research show that by concluding a series of obligations, the parties will be responsible which must be observed, which have the same view of these obligations in both laws; obligations such as delivery of price and cost are the delivery of both documents.

TANGGUNG JAWAB PERBANKAN DALAM KASUS PEMBOBOLAN DANA NASABAH (Studi Pembobolan Deposito milik PT. Elnusa, Tbk)

2019 ◽  
Vol 7 (2) ◽  
pp. 301
Author(s):  
Thessa Anial John
Keyword(s):  
Consumer Protection ◽  
Case Study Approach ◽  
Legal Research ◽  
Public Funds ◽  
The Public ◽  
Study Approach ◽  
Banking Service ◽  
The Law ◽  
Research Show

<p>Abstract</p><p>This article aims to study the bank’s responsibility towards fraud against customer with a case study of Bank Mega Fraud against PT. Elnusadeposito funds. This research is a normative legal research using constitutional and case study approach. The result of this research show that Bank Mega liquefyPT. Elnusadeposito funds carelessly without PT.Elnusa consent is an act against the law. Bank Mega hasfailed to fulfil it’s responsibility towardsthe customer as regulated Article 37 B paragraph (1) UndangUndang Nomor 10 Tahun 1998 concerning banking service that stipulate every bank must guarantee the public funds deposited in the bank concerned The action of Bank Mega has caused losses both material and immaterial loss so that Bank Mega has to give responsibility and compensation for damage and consumer loss according to Article 19 paragraph (2) Undang-Undang Nomor 8 Tahun 1999 regarding consumer protection.</p><p>Keywords: Responsibility; prudential principles; banks; and customers.</p><p>Abstrak</p><p>Artikelini bertujuan mengkaji tanggung jawab perbankan terhadap pembobolan dana nasabah dengan</p><p>studi kasus terhadap Bank Mega dalam kasus pembobolan dana deposito PT.Elnusa, Penelitian ini merupakan penelitian hukum normatif dengan melakukan pendekatan undang-undang dan pendekatan kasus.Berdasarkan hasil dari penelitian dapat disimpulkan bahwa tindakan Bank Mega mencairkan dana deposito milik PT.Elnusa secara tidak hati-hati dan tanpa sepengetahuan PT. Elnusa merupakan tindakan yang melanggar hukum. Bank Mega telah tidak memenuhi kewajibannya terhadap nasabah sebagaimana diatur dalam Pasal 37 B ayat (1) Undang-Undang Nomor 10 Tahun 1998 tentang Perbankan yang menyebutkan bahwa setiap bank wajib menjamin dana masyarakat yang disimpan pada bank yang bersangkutan. Tindakan Bank Mega telah menimbulkan kerugian baik materiil maupun immateriil sehingga Bank Mega selaku pelaku usaha berdasarkan Pasal 19 ayat (2) Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen bertanggung jawab untuk memberikan ganti rugi atas kerusakan, pencemaran, dan/atau kerugian konsumen akibat mengkonsumsi barang dan/atau jasa yang dihasilkan.</p><p>Kata Kunci: Tanggung jawab; prinsip kehati-hatian; bank; dan nasabah.</p>

scholarly journals Analysis of Wakaf and Maqashid Syari'ah Law on the Development of Wakaf Property in Lhokseumawe City

2021 ◽  
Vol 3 (1) ◽  
pp. 224-231
Author(s):  
Yasir Nasution ◽  
Alyasa’ Abubakar ◽  
Kafrawi
Keyword(s):  
Data Collection ◽  
Islamic Law ◽  
Legal Research ◽  
Government Regulations ◽  
Theoretical Concepts ◽  
Positive Law ◽  
Islamic Jurisprudence ◽  
The Law ◽  
Research Show

The development of waqf assets in the form of adding the function of waqf is a new phenomenon in the problems of Islamic law jurisprudence even in positive law in Indonesia. In national law (positive), Indonesia has regulated this issue with the existence of laws and government regulations regarding waqf both movable and immovable waqf assets, even in its development every property in waqf must have an Deed and / or certificate. Whereas in Islamic jurisprudence, the development of waqf assets in the form of additional functions is one of the problems that can be said to be new, it needs legal conclusions and even has to be seen from various theoretical concepts such as maqashidu sharia. Therefore this research will examine the issue of developing waqf assets based on the Waqf Law and maqashid syari'ah. This research is an empirical legal research using a sociological legal approach, with data collection through documentation and interviews. The results of the research show that the development of waqf assets is permitted according to the law, but with the stipulated conditions, besides that the development of waqf assets is also permissible in Islamic jurisprudence as long as it is solely for reasons in accordance with the concept of maqasidu syari'ah and the point is to seek maslahat.  

scholarly journals POLÍTICA NACIONAL SOBRE DROGAS: UM ESTUDO DISCURSIVO SOBRE PROIBIÇÃO, PREVENÇÃO E CONSCIENTIZAÇÃO NA LEI 11.343

2015 ◽  
Author(s):  
Erisvania Gomes Da Silva ◽  
Ana Maria Di Renzo
Keyword(s):  
Harm Reduction ◽  
Present Article ◽  
The Law

No presente artigo abordamos os embates Discursivos, Históricos, Ideológicos e Constitutivos entre a Prevenção e Conscientização na Lei 11.343. Assim, propomos analisar política instaurada de “Redução de Danos” no país e se ela tem produzido os seus efeitos de sentido fora da legislação, ou seja, em sua prática.Abstract:In the present article we address the Discourse clashes, Historical, Ideological and Incorporation of Prevention and Awareness in Law 11.343. Therefore, we propose to analyze established policy of "harm reduction" in the country and it has produced its effects of meaning outside the law, that is, in their practice.

scholarly journals ANALISIS YURIDIS PELUANG PARTISIPASI DESA ADAT DALAM PEMBENTUKAN HUKUM

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Anak Agung Istri Ari Atu Dewi
Keyword(s):  
Hermeneutic Approach ◽  
Stage Process ◽  
The Law ◽  
Research Show

The Participation formation of the law to be understood as law formation that involving the community in every stage process. Within formation of the law to involve formal actor and non formal actor. Formal actors are executive, legislative and judicative. Non formal actors are the communities and desa adat. In this research will be explained arrangement of the desa adat participation opportunity and the stage of desa adat participation. The research uses normative legal methods with statue approach and legal hermeneutic approach. The results of the research show that there is a clear arrangement about opportunities participation of desa adat in law formation. Arrangement opportunities participation in legal instruments have fulfilled the purpose of law and also philosophy, sociology and juridical. The forming of desa adat opportunities participation within law formation be at stage of ante legislative, legislative and post legislative.Keywords : Opportunity, Participation, Desa Adat, Formation of law.

scholarly journals A Autonomia da Vontade como solução de conflitos contratuais no ordenamento jurídico brasileiro: considerações após a recepção no ordenamento brasileiro da Convenção das Nações Unidas para os Contratos de Compra e Venda Internacional de Mercadorias

2020 ◽  
pp. 63-95
Author(s):  
Alvaro Augusto Santos Caldas Gouveia ◽  
Eugênia Cristina Nilsen Ribeiro Barza
Keyword(s):  
International Trade ◽  
World War Ii ◽  
Legal System ◽  
Secondary Data ◽  
Main Question ◽  
Private International Law ◽  
Trade Law ◽  
International Trade Law ◽  
Deductive Method ◽  
The Will

RESUMOTrata-se de tema relativo ao Direito Internacional Privado e Direito do Comércio Internacional, cujo objetivo principal é analisar os efeitos da incorporação da CISG no ordenamento jurídico brasileiro, considerando a aplicação do princípio da autonomia da vontade em contratos internacionais de comércio. Fez-se um estudo exploratório, com método dedutivo, a partir de dados secundários sobre solução de conflitos de lei no espaço no comércio internacional, tendo como pergunta principal avaliar se houve uma ampliação da autonomia da vontade contratual no ordenamento jurídico brasileiro após a recepção da CISG. Partindo do contexto das transformações no comércio internacional Pós-Segunda Guerra Mundial, no qual surgem efetivamente possibilidades trazidas pela unificação, uniformização e harmonização jurídica, avaliam-se elementos relevantes da contribuição do texto da CISG para a solução de Conflitos de Lei no Espaço. Comparando dispositivos da CISG com outros, do Código Civil Brasileiro de 1916 e da Lei nº 9.307/1966, observam-se as repercussões do princípio da autonomia da vontade em contratos internacionais de comércio.PALAVRAS-CHAVEContratos de compra e venda internacional de mercadorias. Autonomia da vontade. Solução de conflitos.ABSTRACTThis is a topic related to Private International Law and International Trade Law, whose main objective is to analyze the effects of the incorporation of the CISG into the Brazilian legal system, considering the application of the principle of autonomy of the will in international trade contracts. An exploratory study was carried out, using a deductive method, based on secondary data on the solution of conflicts of law in the international trade space. The main question was whether there was an increase in the autonomy of the contractual will in the Brazilian legal system after the reception of the CISG. From the context of the post-World War II international trade transformations, in which the possibilities brought about by unification, uniformity and legal harmonization emerge, relevant elements of the contribution of the CISG text to the solution of Conflicts of Law are evaluated. Comparing CISG articles with others, the Brazilian Civil Code of 1916 and Law No. 9,307/1966, the repercussions of the principle of autonomy of the will in international trade contracts are observed.KEYWORDSContracts for the international sale of goods. Autonomy of the will. Conflict resolution.

scholarly journals The Voice of the Ulema and Dilemma of the Indonesian Ulema Council’s Fatwa among Low Literate Society

2020 ◽  
Vol 10 (1) ◽  
pp. 29-51
Author(s):  
Fariz Alnizar ◽  
Achmad Munjid
Keyword(s):  
Qualitative Approach ◽  
The Other ◽  
Main Question ◽  
Islamic Movements ◽  
Other Hand ◽  
National Movement ◽  
The One ◽  
The Voice ◽  
Literate Society ◽  
Research Show

Some Islamic movements in Indonesia make the fatwas issued by the MUI as a reference for their actions. They recently found their momentum after the defence movements called 411 and 212. The proponents of the movements called themselves as Gerakan Nasional Pengawal Fatwa Majelis Ulama Indonesia (GNPF-MUI/The National Movement of Guardian of Fatwa of the Indonesian Ulema Council). Employing a qualitative approach coupled with historical-causal paradigm this article examines the main question: Do the proponents of these movements substantially understand the fatwas they defend? The results of the research show that the fatwas have a dilemmatic position. On the one hand, there have been movements which insist on making the fatwas as “sacred opinion” that must be protected and guarded. On the other hand, people do not substantially comprehend the fatwas they defend. This problem has been caused, among others, by the cultural basis of the Indonesian society which put more preference on orality than literality or, explicitly, written tradition.

Recent developments in the law of secured transactions of movables under the new Chinese Civil Code

2021 ◽  
Author(s):  
Jing Zhang
Keyword(s):  
Civil Code ◽  
International Institute ◽  
Trade Law ◽  
International Trade Law ◽  
Filing System ◽  
Commercial Code ◽  
Secured Transactions ◽  
Recent Developments ◽  
The Law ◽  
International Conventions

Abstract In May 2020, the first Chinese Civil Code was enacted. This Civil Code incorporates several modifications of the law of secured transactions concerning corporeal movables and receivables. These modifications are made under the influence not only of international conventions, model laws, and legislative guides by the International Institute for the Unification of Private Law and the United Nations Commission on International Trade Law but also of overseas legislation, especially Article 9 of the Uniform Commercial Code. First, a semi-functional approach is taken by the Civil Code. The security agreement includes, in addition to typical security contracts, ‘other contracts having a function of security’. Consequently, the rules concerning the property right of charge (hypothec) are also applicable to reservation of ownership, financial lease, factoring, and other security interests, provided that there is no lex specialis. This leaves a larger space of autonomy for individual parties. Moreover, the new Civil Code intends to construct a more inclusive register by requiring reservation of ownership, financial lease, factoring, and other types of security rights to be registered to be effective against third parties. The future register for ordinary corporeal movables and claims will very possibly be a notice-filing system.

North Macedonia’s Language Law of 2018

2021 ◽  
Vol 18 (1) ◽  
pp. 184-202
Author(s):  
Emma Lantschner
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Rule Of Law ◽  
Political Background ◽  
The Law ◽  
Language Law ◽  
Language Issues

In 2019, a new law regulating the use of languages other than Macedonian entered into force in North Macedonia. Language issues have always been a hot topic in North Macedonia and one capable of stirring controversial debate, especially between the Albanian- and the Macedonian- speaking population. This is also the case for this most recent piece of legislation. The present article discusses initially the constitutional and political background to the adoption of the law. It then analyses some of the most disputed aspects of the law. Most of them relate to the broader issues of democracy and rule of law as well as the balance with other human rights.

scholarly journals The Problems of Iranian Language Learners in Correctly Using German Prepositions

2016 ◽  
Vol 12 (6) ◽  
pp. 156
Author(s):  
Mohammad Hossein Haddadi ◽  
Aida Saidi Tavakoli
Keyword(s):  
Present Article ◽  
Language Learners ◽  
Field Test ◽  
Foreign Languages ◽  
Grammatical Function ◽  
Two Systems ◽  
One To One ◽  
Difficult Issue ◽  
Research Show

<p>Due to their various types and forms in different languages, prepositions are assumed as a difficult issue in teaching foreign languages. Thus the authors of the present article carried out a field test with the goal of analyzing the use of prepositions by elementary learners of German. The findings of the test confirm the problems students have in using German prepositions. This article is an attempt to compare Persian and German prepositions. The comparison reveals that prepositions in two languages are in no one-to-one relationship with each other. The findings of this research show that German and Persian prepositions are different on three levels: 1. Meaning 2. Grammatical function 3. Sentential position. Furthermore, German prepositions are so various in form and content that it is almost impossible for a learner to make correspondence between the prepositions of the two systems.</p>

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