Legal Remedy

2021 ◽  
pp. 111-134
Keyword(s):  
Legal Remedy

Compensation for Infringement of Copyright and Related Rights: Essence and Primary Functions

2020 ◽  
Vol 5 ◽  
pp. 34-40
Author(s):  
N. V. Buzova ◽  
◽  
R. L. Lukyanov ◽  
Keyword(s):  
Russian Federation ◽  
Research Method ◽  
Comparative Law ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Remedy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Exclusive Right

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

scholarly journals Access to treatment for phenylketonuria by judicial means in Rio Grande do Sul, Brazil

2015 ◽  
Vol 20 (5) ◽  
pp. 1607-1616 ◽  
Author(s):  
Luciano Mangueira Trevisan ◽  
Tatiele Nalin ◽  
Tassia Tonon ◽  
Lauren Monteiro Veiga ◽  
Paula Vargas ◽  
...  
Keyword(s):  
Genetic Diseases ◽  
Rio Grande ◽  
Right To Health ◽  
The State ◽  
Rio Grande Do Sul ◽  
Access To Treatment ◽  
Unified Health System ◽  
Department Of Health ◽  
Legal Remedy ◽  
The Right

Treatment of phenylketonuria (PKU) includes the use of a metabolic formula which should be provided free of charge by the Unified Health System (SUS). This retrospective, observational study sought to characterize judicial channels to obtain PKU treatment in Rio Grande do Sul (RS), Brazil. Lawsuits filed between 2001- 2010 and having as beneficiaries PKU patients requesting treatment for the disease were included. Of 20 lawsuits filed, corresponding to 16.8% of RS patients with PKU, 19 were retrieved for analysis. Of these, only two sought to obtain therapies other than metabolic formula. In all the other 17 cases, prior treatment requests had been granted by the State Department of Health. Defendants included the State (n = 19), the Union (n = 1), and municipalities (n = 4). In 18/19 cases, the courts ruled in favor of the plaintiffs. Violation of the right to health and discontinuation of State-provided treatment were the main reasons for judicial recourse. Unlike other genetic diseases, patients with PKU seek legal remedy to obtain a product already covered by the national pharmaceutical assistance policy, suggesting that management failures are a driving factor for judicialization in Brazil.

scholarly journals Has the Action for Failure to Act in the European Union Lost its Purpose?

2014 ◽  
Vol 7 (2) ◽  
pp. 209-226 ◽  
Author(s):  
Inga Daukšienė ◽  
Arvydas Budnikas
Keyword(s):  
European Union ◽  
Judicial Review ◽  
Scientific Literature ◽  
Case Law ◽  
The European Union ◽  
Eu Legislation ◽  
Court Of Justice ◽  
Legal Remedy ◽  
The Eu

ABSTRACT This article analyzes the purpose of the action for failure to act under article 265 of the Treaty on the Functioning of the European Union (TFEU). The statements are derived from the analysis of scientific literature, relevant legislation, practice of the European Union Court of Justice (CJEU) and the European Union General Court (EUGC). Useful information has also been obtained from the opinions of general advocates of the CJEU. The article of TFEU 265, which governs the action for failure to act, is very abstract. For this reason, a whole procedure under the article 265 TFEU was developed by the EU courts. The original purpose of the action for failure to act was to constitute whether European Union (EU) institution properly fulfilled its obligations under the EU legislation. However, in the course of case-law, a mere EU institution’s express refusal to fulfill its duties became sufficient to constitute that the EU institution acted and therefore action for failure to act became devoid of purpose. This article analyzes whether the action for failure to act has lost its purpose and become an ineffective legal remedy in the system of judicial review in the EU. Additionally, the action for failure to act is compared to similar national actions.

Climate Displacement and the Legal Gymnastics of Justice: Is It All Political?

2021 ◽  
Vol 35 (2) ◽  
pp. 303-312
Author(s):  
Andrea C. Simonelli
Keyword(s):  
Climate Change ◽  
International Law ◽  
Legal System ◽  
Legal Analysis ◽  
Refugee Convention ◽  
Legal Remedy ◽  
The Future ◽  
Law And Justice ◽  
International Instruments

AbstractThe future for people becoming displaced due to climate processes is still unknown. The effects of climate change are more apparent every day, and those most acutely impacted are still unable to access an appropriate legal remedy for their woes. Two new books evaluate the limits to international legal protections and the application of justice. Climate Change, Disasters, and the Refugee Convention, by Matthew Scott, investigates the assumptions underpinning the dichotomy between refugees and those facing adversity due to climate-induced disasters. Climate Change and People on the Move: International Law and Justice, by Fanny Thornton, goes further by examining how justice is used—and curtailed—by international instruments of protection. Thornton's legal analysis is thorough and thoughtful, but also demonstrative of the limitations of justice when confined by historical precedent and political indifference. With so little still being done to hold industries to account, is it any surprise that the legal system is not yet ready to protect those harmed by carbon pollution? Demanding justice for climate displacees is an indictment of modern Western economics and development; it implicates entire national lifestyles and the institutions and people that support them.

Mapping the Legal Remedy Pathways for Workplace Bullying

2014 ◽  
Vol 39 (2) ◽  
pp. 94-98 ◽  
Author(s):  
Allison Ballard ◽  
Patricia Easteal
Keyword(s):  
Workplace Bullying ◽  
Legal Remedy

scholarly journals Where There’s At-Will, There Are Many Ways: Redressing the Increasing Incoherence of Employment at Will

2005 ◽  
Vol 67 (2) ◽  
Author(s):  
Scott A. Moss
Keyword(s):  
Free Market ◽  
Common Law ◽  
State Courts ◽  
Free Enterprise ◽  
Employment At Will ◽  
Legal Remedy ◽  
The Will ◽  
The Common ◽  
At Will

Employment at will, the doctrine holding that employees have no legal remedy for unfair terminations because they hold their jobs at the will of the employer, has become mired in incoherence. State courts praise the common law rule as “essential to free enterprise” and “central to the free market,” but in recent years they increasingly have riddled the rule with exceptions, allowing employee claims for whistleblowing, fraud, etc. Yet states have neither rejected employment at will nor shown any consistency in recognizing exceptions. Strikingly, states cite the same rationales to adopt and reject opposite exceptions, as a case study of two states illustrates: One state accepts exception X to protect employees while rejecting exception Y to maintain employment at will; yet on the same rationales, the other accepts exception Y while rejecting X.

scholarly journals The Precarious Position of Same-Sex Divorce in Texas

2014 ◽  
Vol 1 (3) ◽  
pp. 779-800
Author(s):  
Shawna M. Young
Keyword(s):  
Legal Issues ◽  
Courts Of Appeals ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Legal Remedy

Currently, same-sex couples that are legally married in a jurisdiction that recognizes same-sex marriage may not be able to divorce if they move to Texas. Of the few cases tried in Texas, most courts refused to grant the samesex divorce because the courts refused to recognize the underlying marriage. Because these couples cannot simply return to the granting state due to most states’ divorce residency requirements, they cannot divorce and face untold issues due to this inability. While Texas does offer the opportunity for the couple to declare the marriage void, declaring the marriage void is not an adequate legal remedy and may not prevent property and other legal issues. Instead, Texas should analyze divorce as implicating rights separate from those implicated by marriage. Based on such analysis, Texas should grant same-sex divorces. While several authors have addressed this issue from a national standpoint, this Comment addresses the issue as it stands in Texas, where a jurisdictional split between the courts of appeals makes it ripe for discussion.

scholarly journals An Analysis on Regulation on Optimizing the Business Environment: From the Perspective of Law

2020 ◽  
Vol 2 (1) ◽  
pp. 8
Author(s):  
Sisi Li
Keyword(s):  
Law Enforcement ◽  
Business Environment ◽  
State Council ◽  
Legal Remedy ◽  
Solid Foundation ◽  
Chinese State ◽  
Judicial Justice

<p>Chinese State Council officially promulgated <em>Regulation</em> <em>on Optimizing the Business Environment</em> on October 23, 2019, which was formally implemented on since 2020, laying a solid foundation for the optimization of business environment in the direction of legalization. From the perspective of law, business environment ruled by law involves scientific legislation, standardized law enforcement, diversified legal remedy and judicial justice. Generally, business environment includes marketization, internationalization and legalization. And business environment ruled by will further promote its marketization and internationalization as a powerful guarantee.</p>

scholarly journals TINDAK PIDANA KORUPSI YANG DILAKUKAN NOTARIS-PPAT DALAM MENJALANKAN KEWENANGAN JABATANNYA

2020 ◽  
Vol 4 (1) ◽  
pp. 53
Author(s):  
Agus Santoso
Keyword(s):  
Precautionary Principle ◽  
Code Of Ethics ◽  
Legal Problem ◽  
Judicial Process ◽  
Case Investigation ◽  
Legal Remedy ◽  
Legal Case ◽  
The Impact ◽  
Statutory Regulation

 Pasal 15 Undang-Undang Nomor 2 tahun 2014 mengatur tentang semua kewenangan dari notaris untuk membuat ataupun mengkonstatir kepentingan para pihak dalam suatu akta autentik. Akta notaris merupakan akta otentik dimana notaris menerima data formil dari para pihak yang dijadikan alat bukti oleh para penyidik baik kepolisian maupun kejaksaan untuk melakukan penyidikan suatu perkara untuk mencari data materiel dalam suatu permasalahan hukum yang terjadi. Jika notaris tidak berhati-hati, teliti dan memahami dampak hukum dalam pembuatan akta dan salah dalam membuatnya, 100 akta yang dibuat 99 benar dan 1 salah, maka akan menjeratnya dalam perkara hukum (korupsi). Keberadaan MKN yang menggantikan peran dari MPD dalam memberikan persetujuan atau menolak permintaan penyidik yang hendak memanggil dan memeriksa notaris dalam proses peradilan belum bisa banyak membantu untuk melindungi notaris dari jeratan hukum karena kedudukan atau upaya hukum dari MKN tidak diatur secara tegas dalam suatu peraturan perundang-undangan. Notaris harus menerapkan prinsip kehatian-hatian dan menjaga kode etik dalam menjalankan kewenangan jabatannya dalam membuat akta otentik agar tidak terjerat tindak pidana korupsi.Kata Kunci: korupsi, kewenangan, notaris, akta otentik Article 15 of Law Number 2 of 2014 regulates all authority of a notary to make or state interests of the parties in an authentic deed. Notary deed is an authentic deed in which the notary receives formal data from the parties that is used as evidence by investigators both the police and the attorney to conduct a case investigation to look for material data in a legal problem that occurs. If the notary is not careful, thorough and understands the impact of the law in making a deed and gets wrong in making it, 100 deeds made 99 right and 1 wrong, it will ensnare him in a legal case (corruption). The existence of MKN which replaces the role of MPD in giving approval or rejecting requests from investigators who want to summon and examine a notary in the judicial process has not been able to help much to protect the notary from legal snares because the position or legal remedy of the MKN is not explicitly regulated in a statutory regulation. . The notary must apply the precautionary principle and maintain the code of ethics in carrying out the authority of his position in making an authentic deed so that it is not caught in a criminal act of corruption.Keywords: corruption, authority, notary, authentic deed

scholarly journals CHALLENGE FOR ANNULMENT

2020 ◽  
Vol 13 (2) ◽  
pp. 38-48
Author(s):  
Ioana Dudaș
Keyword(s):  
Court Ruling ◽  
Legal Remedy ◽  
The Law

The challenge for annulment - an extraordinary legal remedy of withdrawal by which the parties or the prosecutor can obtain the cancellation of a court ruling in the cases exhaustively provided by law. It can be exercised for the purpose of withdrawing court rulings (judgments) that were pronounced in disregard of certain procedural rules, not for reasons of groundlessness. This article aims to highlight the object of the challenge for annulment, the persons who may advance a challenge for annulment, the conditions imposed by the law for the admissibility of such a challenge, and the possible solutions rendered by the court.

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