scholarly journals accessibility of a law and "ignorantia juris non excusat": formal and legal aspects of legal certainty

2021 ◽  
Vol 7 (2) ◽  
pp. 598-603
Author(s):  
Dzhamilya S. Velieva ◽  
Marina V. Markhgeym ◽  
Mikhail V. Presnyakov
Keyword(s):  
Legal Aspects ◽  
Legal Knowledge ◽  
Legal Certainty ◽  
The Subject ◽  
The Law ◽  
The Way

This article is devoted to the first and most obvious requirement of legal certainty - the accessibility of a law. The subject of this research is the formal accessibility of the text of the law. The objective was to analyze the imperative of accessibility of a law in its relationship with the presumption of legal knowledge, as well as the its remedies. As a result of the study, the authors have concluded that the presumption of legal knowledge (expressed, among other things, by the maxim, ignorance of the law does not exempt from responsibility), as a condition of its existence and action, presupposes compliance with the requirement of accessibility of a law. The nature of the presumption of legal knowledge and the nullity of a legal error has been studied. Particular attention is paid to the way to ensure the accessibility of a law; in particular, the authors outline a number of problems associated with the promulgation and enactment of regulations.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

Some Problems in the History of the Law of Nations in Asia (1963)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
International Relations ◽  
International Law ◽  
Case Law ◽  
Legal Aspects ◽  
State Sovereignty ◽  
Law Of Nations ◽  
The Family ◽  
History Of ◽  
The Subject ◽  
The Law

This chapter considers problems in the study of the history of the law of nations in Asia. It argues that international lawyers have focused their attention on the legal aspects of contemporary problems of international relations and politics, and on the operation of tribunals and quasi-tribunals and the case law they produce. Writers of present day treatises of international law devote just a few introductory pages to the history of the subject and these short chapters are often based on similar introductions in nineteenth-century treatises. The chapter discusses some of the elements of legal change in which European–Asian relations played a significant role; the gradual elimination of the natural law outlook by growing European positivism; the principle of universality of the law of nations and the principle of identity of de facto and de jure State sovereignty; and the use of capitulations to delay the ‘entry’ of Asian States into the family of nations.

scholarly journals Some Legal Aspects of Non-judicial Foreclosure in Case of Default on Credit Contract in Vietnam

2016 ◽  
Vol 12 (6) ◽  
pp. 34
Author(s):  
Thuy Thi Thu Le ◽  
Tuan Minh Do
Keyword(s):  
Legal Aspects ◽  
Positive Law ◽  
Self Help ◽  
The Law ◽  
Credit Contract ◽  
The Way

<p>This paper aims to present the authors’ examination of some aspects of Vietnam’s positive law regarding non-judicial foreclosure. Upon default, a bank as a secured creditor may enforce his security right over the collateral that is understood as foreclosure. Foreclosure includes judicial foreclosure and non-judicial foreclosure. In the way of non-judicial foreclosure, a secured creditor can take possession and dispose the secured property without a court’s involvement. So, it may save the secured creditor time and cost. The law governing the non-judicial foreclosure should not only provide the efficient mechanics of self-help repossession but also protections to a grantor. It should be examined whether Vietnamese law meets this requirement. By this study, some drawbacks and shortages of Vietnamese law in relation to non-judicial foreclosure are exposed and then some recommendations for improvement of positive law of Vietnam governing the exercise of the non-judicial foreclosure are presented. </p>

scholarly journals RECONSTRUCTION OF PROSTITUTION LAW IN PERSPECTIVE OF RELIGIOUS NORMS AND RENEWAL OF CRIMINAL LAW

2020 ◽  
Vol 1 (2) ◽  
pp. 105-112
Author(s):  
Noor Fajari Rofiq
Keyword(s):  
Criminal Law ◽  
Sex Workers ◽  
Criminal Code ◽  
Service Users ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Legal Concepts

Cases of prostitution as the subject of commercial sex workers (Pekerja Sex Komersial) and sex service users until now are free to undergo without the threat of punishment. Until now, there has been no rule that can punish prostitutes or prostitutes and their customers .then there needs to be a legal reconstruction to achieve a responsive law then need to reform the law to achieve the law in the goal. This research aimed to know and understand the Construction of Prostitution Crimes in the Criminal Code, and The Penal Code Bill is associated with Religious Norms. And Know and understand the Construction of Formulation of Prostitution Crimes that are Ideal and in line with religious norms for Indonesian society, as for normative juridical research methods. The approach used in this writing is a statutory approach or (statute approach) and the analytical and conceptual approach analysis of legal concepts. The results show that it is necessary to explore the concept of philosophical, sociological, and juridical basic values that the state to have legal certainty in society in the Criminal War draft stage. So digging into the philosophical value of the 1st  Pancasila,  The One Godhead (Ketuhanan yang Maha Esa), the five religions apply in Indonesia, including Islam, Christianity, Catholicism, Hindu, Buddha, and Confucian has asserted that the practice of prostitution is legally prohibited.

Part I Introduction, 3 Financial Collateral

2018 ◽  
Author(s):  
Beale Hugh ◽  
Bridge Michael ◽  
Gullifer Louise ◽  
Lomnicka Eva
Keyword(s):  
Subject Matter ◽  
Raw Materials ◽  
Fixed Charge ◽  
The Subject ◽  
The Law ◽  
Security Device ◽  
A Charge ◽  
The Way

This chapter discusses the significance of distinguishing between the various types of property over which security may be taken, or which may be the subject matter of a retention of title or other quasi-security device, since the same general principles will be applicable whatever the nature of the property. There are also differences between the various kinds of property, which will mean that the way the law applies in practice will differ. Thus, a charge over either ‘inventory’ such as stock in trade or raw materials will in practice usually have to be a floating charge rather than a fixed one; the chapter shows how it is very difficult to take and maintain a fixed charge over book debts or other receivables.

scholarly journals The vulnerable subject of negligence law

2012 ◽  
Vol 8 (3) ◽  
pp. 337-353 ◽  
Author(s):  
Carl F. Stychin
Keyword(s):  
Political Theory ◽  
Tort Law ◽  
Duty Of Care ◽  
Fundamental Issue ◽  
The Subject ◽  
The Law ◽  
Harsh Criticism ◽  
Negligence Law ◽  
The Way

AbstractThe approach taken by English courts to the duty of care question in negligence has been subject to harsh criticism in recent years. This article examines this fundamental issue in tort law, drawing upon Canadian and Australian jurisprudence by way of comparison. From this analysis, the concept of vulnerability is developed as a productive means of understanding the duty of care. Vulnerability is of increasing interest in legal and political theory and it is of particular relevance to the law of negligence. In addition to aiding doctrinal coherence, vulnerability – with its focus on relationships and care – has the potential to broaden the way in which the subject of tort law is conceived because it challenges dominant assumptions about autonomy as being prior to the relationships on which it is dependent.

scholarly journals DAMAGE RESULTING FROM ARTIFICIAL INTELLIGENCE - THE CASE OF AUTONOMOUS VEHICLES

2021 ◽  
Vol 14 (1) ◽  
pp. 105-124
Author(s):  
Cassiano Highton
Keyword(s):  
Artificial Intelligence ◽  
Autonomous Vehicles ◽  
Technological Revolution ◽  
The Subject ◽  
The Law ◽  
Over Time ◽  
The Way

Abstract The way of understanding the law has changed substantially over time and the law of Torts as we have studied and dealt with it until now has evidently become outdated, the legal reality has moved away from the factual reality, we are facing the new paradigms of the digital and technological revolution, with an evident and clear distancing from the classical theories of the law of Torts, a context that requires a specific and updated approach to the subject.

scholarly journals Efektivitas Undang-Undang Nomor 16 Tahun 2019 Terhadap Pernikahan Di Bawah Umur

2021 ◽  
Vol 6 (1) ◽  
pp. 85
Author(s):  
Aulil Amri ◽  
Muhadi Khalidi
Keyword(s):  
Child Protection ◽  
Legal Aspects ◽  
Child Marriage ◽  
Legal Certainty ◽  
Marriage Law ◽  
Legal Problems ◽  
Age Limit ◽  
The Law ◽  
Legal Subjects ◽  
Legal Consequences

Legal certainty and firmness must exist in a law or regulation. Because without legal certainty, the rights of legal subjects will be taken away and neglected. Likewise, without strictness in the law, it will make legal subjects feel worried and insecure because they feel that the law does not provide protection for them. Law Number 16 Year 2019 concerning Amendments to Law Number 1 Year 1974 is deemed not to have legal certainty and firmness, because the stipulation of the age limit for marriage in this law only considers and is based on Law Number 35 Year 2014 concerning Amendments to Law Number 23 Year 2002 Concerning Child Protection. Furthermore, Law Number 16 Year 2019 still provides an opportunity for the Indonesian people to carry out child marriage. Law Number 16 Year 2019 must look at various other legal aspects and have clear legal consequences, so a comprehensive revision of this law is required. Even if possible, Law Number 1 Year 1974 must be reviewed and adjusted to the current and future legal problems. By applying the concept of benefit and rejecting harm in a law or regulation, the objectives of the law or regulation will be achieved and become effective.

scholarly journals Legal Cultures, Legal Paradigms and Legal Doctrine: Towards a New Model for Comparative Law

1998 ◽  
Vol 47 (3) ◽  
pp. 495-536 ◽  
Author(s):  
Mark Van Hoecke ◽  
Mark Warrington
Keyword(s):  
Legal Discourse ◽  
Comparative Law ◽  
Legal Doctrine ◽  
New Model ◽  
The Core ◽  
The Past ◽  
The Subject ◽  
The Law ◽  
Broad Approach ◽  
The Way

Over the past decade especially, many writers have emphasised the need for a broad approach to the subject of comparative law, thereby moving it beyond the “law as rules” approach of traditional legal doctrine. It is becoming steadily apparent that comparatists cannot limit themselves to simply comparing rules. The “law as rules” approach has to be placed in a much wider context Broader investigation reveals that it is not even rules which are at the core of the comparative endeavour; it is, rather, the legal discourse, the way lawyers work with the law and reason about it.

Reflections on Teaching the First Day of Contracts Class

2017 ◽  
Vol 44 (3) ◽  
pp. 337-346
Author(s):  
NORMAN OTTO STOCKMEYER
Keyword(s):  
Contract Law ◽  
Law School ◽  
First Year ◽  
Starting Point ◽  
School Classroom ◽  
The Subject ◽  
The Law ◽  
The Way

ABSTRACT A veteran of the law school classroom offers his thoughts on why Contracts is the most significant course in the first-year curriculum, why the study of contract law should begin with the subject of remedies, and why the “hairy hand” case of The Paper Chase fame makes an ideal starting point. The author also shares his first-day advice on how to succeed in law school. Along the way he explains why he prefers a problems-based casebook, opposes use of commercial briefs and outlines, and makes robust use of a course website.

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