scholarly journals Dialogue is bliss

2008 ◽  
Vol 07 (01) ◽  
pp. C05
Author(s):  
Giancarlo Sturloni
Keyword(s):  
Legal System ◽  
Point Of View ◽  
Legitimate Interests ◽  
Democratic Country

The practice of dialogue does not erase the conflicts that can be found upon solid diverging interests. But conflicts are not forcedly a trauma. More then an impossible abolition of diversity, it is important to promote a practice that helps everybody to express their own point of view looking for socially sustainable solution between the parts. But according to Sturloni, «Even in that case: not a dialogue meant to achieve a utopian unitary view able to level all divergences, but to allow the expression of different perspectives and of legitimate interests. The final aim should be to make a choice shared as much as possible within the legal system of a democratic country».

scholarly journals Food Safety and Civil Liability of the Enterprise from the View of Comparative Law

2019 ◽  
Vol 35 (2) ◽  
Author(s):  
Nguyen Thi Phuong Cham
Keyword(s):  
Food Safety ◽  
Legal System ◽  
Technology Development ◽  
Product Liability ◽  
Civil Liability ◽  
Comparative Law ◽  
Point Of View ◽  
Legal Provisions ◽  
Legitimate Interests ◽  
Legal Subjects

As a method to protect the rights and legitimate interests of consumers directly, civil liability plays an important role in improving the legal provisions on food safety. However, the legal issues related to civil liability in general nor especially civil liability in the field of food safety are still remain very much debated by the diversity of relationships among the subjects in the process of production, circulation and consumption. The paper focuses on clarifying: (1) Theoretical and practical provisions apply from the point of view of comparative law, thus pointing out the problems that exist in the legal system in general, as in the Vietnamese legal system in particular on civil liability in the field of food safety; (2) Suggest some complete solutions for the purpose of introducing civil liability mechanisms such as: Protecting the rights and interests of consumers in a practical and effective way; Preventing violations of business in the context of science and technology development; Risk dispersion based on the theory of the balance of interests of civil legal subjects. Keywords: Food safety, civil Liability, tort law, product liability. References: [1] Xiang Li, Jigang Jin, Concise Chinese Tort Laws, Springer-Verlag Berlin Heidelberg, 2014. [2] Niwata Noriaki, Sự cố thực phẩm và vấn đề người tiêu dùng, Nghiên cứu thương mại Mitsuda, quyển 27 số 3. [3] Tạp chí án lệ số 307 (1974) 87-101. [4] Nakamura Hiroshi, Vi phạm hợp đồng và phương thức bảo vệ quyền (2), Tạp chí Đại học Doshisha Quyển 32 số 3 (1980). [5] Tạp chí Án lệ số 1109; Tạp chí thời báo án lệ số 1805. [6] Nozawa, Nghiên cứu pháp luật so sánh trách nhiệm đảm bảo khuyết tật Masamishi (6) - Nhật bản. Pháp. EU, Tạp chí Luật học Rikkyo, Số 91 (2015). [7] Suzuki Miyako “Hạn bảo quản và trách nhiệm đảm bảo khuyết tật trong luật Đức” Tuyển tập luận văn đại học ngoại ngữ Tokyo, số 91 (2015). [8] Felix Maultzsch, Hướng phát triển mới về trách nhiệm đảm bảo khuyết tật của người bán trong pháp luật Đức và Liên minh Châu Âu, Tạp chí nghiên cứu pháp luật chính sách, quyển 82, số 2. [9] Katsuhiko Akabori, Luật trách nhiệm sản phẩm và quản lí rủi ro doanh nghiệp, Tạp chí luật học Học viện Kobe, quyển 38, số 3,4 (2009) 35. [10] Uchida, “Bảo hiểm trách nhiệm bồi thường thiệt hại và sự tham gia của doanh nghiệp đến đâu ?”, Tạp chí thứ 6, quyển 26, số 7 (2018).    

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

scholarly journals Minor offences as a constitutional category

2006 ◽  
Vol 78 (9) ◽  
pp. 139-149
Author(s):  
Alenka Šelih
Keyword(s):  
Legal System ◽  
Point Of View ◽  
Judicial System ◽  
Main Issue ◽  
Administrative System ◽  
European Legislation ◽  
Administrative Justice

Slovenian Constitution, like many constitutions of other countries does not define minor offence as a punishable act or breach of constitutional provisions. Administrative system and system of administrative justice can never guarantee such impartiality as judicial system. Repressive role of the administrative authorities is differently regulated in the contemporary European legislation. From the constitutional point of view, the main issue related to the minor offences is whether it is legally justifiable that administrative authorities have repressive function. The new Slovenian legal system insists on broad competences of the specialized administrative bodies provided that protection before the court is guaranteed.

scholarly journals Społeczna szkodliwość — dziedzictwo komunizmu w polskim prawie karnym?

2021 ◽  
Vol 43 (3) ◽  
pp. 155-179
Author(s):  
Wojciech Zalewski
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Criminal Liability ◽  
Second World War ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Democratic State ◽  
The Social ◽  
Social Harmfulness ◽  
Second World

The introduction of social harmfulness (social danger) to Polish criminal law after the Second World War was politically motivated. For many, this circumstance was sufficient to formulate postulates about the necessity to remove this premise of criminal liability. Social harmfulness still remains controversial today. Before, criminal law was seen as a tool. Currently, it is to be an ultima ratio. It is clear that determining the essence of the crime and its nature, introducing into the law “what belongs to literature”, was necessary in the legal system of a totalitarian state, imposing its views and morals on society. In a legal system of a democratic state, a state ruled by law, a statutory ideological declaration regarding the essence of a crime seems redundant. However, changing the nomenclature is not enough here — there is a possibility of weakening the guaranteeing criminal law function. The social harmfulness premise contributes to the heterogeneity of jurisprudence, even in cases concerning serious crimes. The author is of the opinion that limiting the number of minor cases from the point of view of the state’s right to punish, which paralyzes the judiciary with their sheer number, should take place in a different way than introducing the social harmfulness of an act as a criterion determining the culpability. The currently adopted solution seems irrational and non-functional from the perspective of the legal certainty principle. A more appropriate move seems to be the assessing the advisability of prosecuting an act, i.e. by introducing and implementing the principle of opportunism in criminal proceedings.

A aplicação dos dispute boards nos contratos empresariais no Brasil

2021 ◽  
Vol 3 (5) ◽  
pp. 137-157
Author(s):  
Marianna Reis Porto ◽  
Jonábio Barbosa dos Santos
Keyword(s):  
Legal System ◽  
Point Of View ◽  
Private Business ◽  
Business Transactions ◽  
Legal Uncertainty ◽  
Autonomy Of Will

The present work aims to analyze, from a legal point of view, the application of dispute boards in the Brazilian legal system, focused on private business contracts, so that, initially, the use of these types of business in Brazil was studied, and later, the application of extrajudicial means of conflicts applied to business transactions, with a view to the principles of autonomy of will and cooperation, in view of the slowness and legal uncertainty faced by entrepreneurs when resolving their disputes. Finally, it was possible to examine the execution of dispute boards in the legal system, demonstrating their compatibility with local laws and the advantages that their use can bring, which, however, still suffers an obstacle due to its lack of regulation, which prevents decisions have bound.

FUNDAMENTALS OF THE THEORY OF PRE-CONTRACTUAL LIABILITY

2021 ◽  
pp. 148-161
Author(s):  
Alesya V. Demkina ◽  
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Negotiation Process ◽  
Point Of View ◽  
Good Faith ◽  
The Other ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Special Rules

The article deals with the relatively new rules of Art. 434.1 the Civil Code of the Russian Federation on the conduct of negotiations. Taking into account the current wording of the said rule and the experience of foreign legislation on pre-contractual liability, the article argues for different theories justifying the nature of pre-contractual legal relations and liability and gives different positions of the authors on this issue. Proceeding from the doctrinal concept of obligation and characteristics of pre-contractual relations themselves the conclusion is made that these relations, firstly, are regulated by law and, secondly, they are not simply a legal relation but an obligation. It is based on certain actions of the negotiating partners that give rise to such an obliga-tion. As such, any action that is sufficiently certain (in some cases it may be required by law) and expresses the intention of the person to regard himself as negotiating with the addressee, who will in return perform the same sufficiently certain action, can be regarded as such. The specified characteristics of an action allow us to conclude that, from the point of view of classification of legal facts, this action is an act (because it is performed with a certain in-tention evident to other participants of civil turnover) and, moreover, it is also a transaction. Special rules of the Civil Code of the Russian Federation stipulate that the actions performed to enter into negotiations (for example, if the conclusion of a contract is binding on one party) or the actions of both partners entail legal consequences - the obligation to negotiate in good faith. The analysis of these legal relationships identifies three stages in their development, charac-terises them and attempts to answer more precisely the question of who can be a participant in the negotiation process depending on the stage of the negotiation process. The subject matter of an obligation arising during pre-contractual contacts will be actions aimed at negotiating and concluding a contract. The content of the obligation arising in the course of pre-contractual contacts, based on Art. 434.1 of the Civil Code will be the obligation to negotiate in good faith (paragraph 2 of the above rule). Assuming that the legislator provides an indicative list of actions that should fall within the scope of bad faith conduct, an indicative list of the "standard" of good faith conduct at the negotiation stage is given. This includes the obligation to provide full and truthful information to a party, including the reporting of circumstances that, due to the nature of the contract, must be brought to the attention of the other party (e.g. in a sale, all encumbrances on the subject of the contract must be reported). In addition, persons are obliged to negotiate only if they intend to conclude a contract, not to terminate negotiations suddenly and unjustifiably, and to take into account the rights and legitimate interests of the other party to the negotiation. The obligation under this obligation may also include a requirement not to disclose infor-mation obtained during the negotiation of the contract.

The International Space Station

2019 ◽  
pp. 96-113
Author(s):  
Sarah Katharina Germann
Keyword(s):  
International Space Station ◽  
Legal System ◽  
Space Station ◽  
Legal Framework ◽  
Point Of View ◽  
International Space ◽  
Space Law ◽  
The Creation ◽  
Shed Light

The International Space Station is certainly one of the most astounding achievements of humankind in space. Especially from a legal point of view, the creation of the Intergovernmental Agreement (IGA) and its sub-instruments specifically for the ISS was a major success: the IGA was the first grand-scale multi-national legally binding space-related treaty drafted, ratified, and implemented by the major space faring nations since the drafting of the five UN Space Treaties roughly 20 years before. And still today, the legal framework of the ISS is a stand-alone legal system which can serve as model for other missions, as it refines and develops in an innovative way the rules laid out in the five UN Space Treaties and at the same time manages to coordinate and organize management, utilization, and financing between all the partners. This chapter intends to shed light on the complex legal system governing the ISS and to point out the novelties of the IGA-Structure in comparison with the conventional body of international space law.

scholarly journals To the problem of legal regulation of agricultural land turnover in the Russian Federation

2020 ◽  
Vol 176 ◽  
pp. 06005
Author(s):  
Irina P. Chupina ◽  
Natalia N. Simachkova ◽  
Oksana S. Trotsenko
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Life Support ◽  
Legal Regulation ◽  
Point Of View ◽  
Natural Fertility ◽  
Legal Regime ◽  
Land Relations ◽  
Legitimate Interests ◽  
The Russian Federation

The authors comprehensively investigated theoretical and practical problems of legal regulation of agricultural land turnover in the Russian Federation. They analyzed the jurisprudence in the field of agricultural land turnover, examined the legal regime of agricultural land in the Russian Federation, investigated the peculiarities of land plots turnover from agricultural lands, identified a number of significant problems in the legislation in the field of legal regulation of agricultural purposes land turnover. It is difficult to overestimate the importance of land, which is a nonrecoverable natural resource. From this point of view, agricultural land has a unique unrepeatable natural fertility capacity that determines the possibility of producing life support products, being an essential component of the environmental system. In the annual Address to the Federal Assembly of the President of Russia in 2019, V.V. Putin, specifying the main directions of strategic development of the country, noted the high importance of the land legislation development. The peculiarities of the agricultural land plots turnover are due to the public nature of land relations regulation. For this category of land, a special legal regime is established for food security purposes of Russia, which leads to the prevention of removing these lands from agricultural circulation, as well as building development. According to articles 9, 36 of the Constitution of the Russian Federation, “land and other natural resources are used and protected in the Russian Federation as the basis for the lives and activities of peoples living on the the relevant territory” and the exercise of authority by land owners is limited to conditions for potentially damaging the environment and violation of rights and legitimate interests of other persons.

Indeterminacy in medical classification: On continuity, uncertainty, and vagueness

2016 ◽  
Author(s):  
Rico Hauswald ◽  
Lara Keuck
Keyword(s):  
Mental Disorders ◽  
Point Of View ◽  
Classification Systems ◽  
Semantic Categories ◽  
Epistemological Perspective ◽  
Legitimate Interests ◽  
Disease Entities ◽  
Medical Classification

This chapter aims to clarify the terminology of and relations between ontological, epistemological, and semantic aspects of indeterminacy in medical classification systems. Although classifications of diseases and mental disorders are often characterized as having blurred boundaries, there is no consensus on what exactly this means. The following clarification may remedy this shortcoming: from an ontological point of view, disease entities are found to be discrete or continuous, depending on whether realisation gaps occur. From an epistemological perspective, the certainty of a classification depends on how controversial the assessment of its validity is throughout contexts and how much different legitimate interests of classification users vary. Finally, as semantic categories, medical classifications can be defined precisely or vaguely. The chapter analyses how the ontological, epistemological, and semantic levels are interrelated and how the proposed terminological clarifications may help to disentangle discussions about the validity of medical classifications.

Israeli Law and Jewish Law — Interaction and Independence

1990 ◽  
Vol 24 (3-4) ◽  
pp. 507-524 ◽  
Author(s):  
Brahyahu Lifshitz
Keyword(s):  
Legal System ◽  
Point Of View ◽  
The Other ◽  
Jewish Law ◽  
Positive Law ◽  
Social Nature ◽  
Two Systems ◽  
The One ◽  
The Relationship

Jewish law is an independent legal system embracing most of the subjects to be found in any system of positive law. The hopes and efforts of many people notwithstanding, Israeli law is not identical to Jewish law, nor does it constitute one of its branches. The generally accepted view is that Jewish law is not influenced, nor affected in any way, by the acts of the Israeli legislature or judiciary. There is, however, little doubt that to a certain extent, Israeli law is influenced by Jewish law. It is therefore a legitimate exercise to discuss the nature of the relationship between the two systems from the point of view of Israeli law. We may also comment upon the amount of satisfaction or disappointment which may legitimately be felt, on the one hand, by those in favour of reinforcing the relationship between the two systems and making it stronger and more active and, on the other, by those opposed to such a relationship. It should also be observed that the interrelationship between Israeli and Jewish law is not only to be perceived from the standpoint of pure law. Any discussion of this question involves issues of a political, religious and social nature; a study focussing on the bare legal facts alone would provide a necessarily distorted picture.

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