Cancellation and Termination of Assignment Contract of Patrimonial Rights of the Author

2019 ◽  
Vol 25 (2) ◽  
pp. 197-201
Author(s):  
Tudor-Vlad Sfârlog
Keyword(s):  
Scientific Research ◽  
Legal Provisions ◽  
The Right ◽  
Made In

Abstract The present study offers the doctrine of the right of intellectual creation new perspectives on the study of the institution of termination of the assignment contract for the patrimonial rights resulting from the intellectual creation. We believe that the present study is rich in doctrinal contributions, formulating new theses and opening the prospect for new perspectives of scientific research. Last but not least, we appreciate that the proposals made in the present study contribute not only to the activity of opinionated in the field, but also to the work of practitioners and direct beneficiaries of the legal provisions on the assignment of patrimonial rights of authors.

THE CONCEPT OF CONSTITUTIONAL AND LEGAL GUARANTEES OF ELECTORAL RIGHTS

2020 ◽  
Vol 10 (4) ◽  
pp. 85-90
Author(s):  
VLADIMIR TROYAN ◽  
Keyword(s):  
Scientific Research ◽  
Formal Aspect ◽  
Universal Approach ◽  
Right To Vote ◽  
Definition Of ◽  
The Right

The relevance of the interpretation of constitutional and legal guarantees of the right to vote is mediated by isolated scientific research in this area, as well as the lack of a universal approach to legal guarantees. In this regard, the purpose of the article is to argue and disclose the author’s definitive aspect of the claimed guarantees. In the work, the author named and characterized the normative (based exclusively on legal means) with the perspective of a branch of legal and technical; regulatory and institutional (combines the formal aspect with the activities of authorized entities) and associated legal (including a set of legal and other aspects) approaches to the definition of legal guarantees. Based on the second approach, as well as combining the guarantees of the right to vote directly guarantees of the subjective right itself and guarantees of its implementation, the author offers a definition of constitutional and legal guarantees of the right to vote.

Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

2017 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
ARTAN QERKINI
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Practical Implementation ◽  
Relevant Evidence ◽  
Legal Provisions ◽  
The Law ◽  
Legislative Amendments ◽  
The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

scholarly journals After Mazibuko: Exploring the responses of communities excluded from South Africa's water experiment

2017 ◽  
Vol 61 (1) ◽  
pp. 57-81 ◽  
Author(s):  
Nathan John Cooper
Keyword(s):  
South Africa ◽  
Resource Allocation ◽  
Social Engagement ◽  
Water Allocation ◽  
Constitutional Court ◽  
Water Access ◽  
Cultural Phenomenon ◽  
Legal Provisions ◽  
Constitutional Right ◽  
The Right

AbstractDespite a constitutional right to water, challenges remain for access to sufficient water in South Africa. This article considers the degree to which current legal provisions perpetuate approaches that are antithetical to genuinely eco-socio-sustainable water access. Water in South Africa has largely been re-cast as a commodity, exposed to market rules, proving problematic for many and giving rise to various responses, including litigation. In the seminal case of Mazibuko, the Constitutional Court failed to provide robust protection to the right to water, providing impetus for the formation of “commons” strategies for water allocation. Indeed, “commoning” is beginning to represent not only an emerging conceptual strand in urban resource allocation, but also a dynamic, contemporary, eco-sensitive, socio-cultural phenomenon, driving innovative, interactive and inclusive forms of planning and social engagement. Against the backdrop of unequal water access, commoning offers glimpses of an empowering and enfranchising subaltern paradigm.

The "Right to Die": A Case Study in American Lawmaking*

1996 ◽  
Vol 3 (1) ◽  
pp. 49-74
Author(s):  
Alan Meisel
Keyword(s):  
Legal System ◽  
Right To Die ◽  
Judicial Process ◽  
Clinical Issue ◽  
The Press ◽  
American Law ◽  
American Legal System ◽  
The Right ◽  
Made In

AbstractIn the 20 years that have passed since the Karen Quinlan case exposed a simmering clinical issue to the light of day — more precisely, to the press and to judicial process — a consensus has developed in American law about how end-of-life decisionmaking should occur. To be sure, there are dissenting voices from this consensus, but they are often (though not always) about minor issues. By illustrating how this consensus has evolved, this paper explores how law is made in the American legal system and the roles that different legal and extra-legal institutions play in lawmaking.

Summary judgment — Quo vadis?

2021 ◽  
Vol 138 (1) ◽  
pp. 88-114
Author(s):  
Thino Bekker
Keyword(s):  
South African ◽  
Historical Development ◽  
Access To Justice ◽  
High Court ◽  
The Core ◽  
Golden Opportunity ◽  
Quo Vadis ◽  
The Right ◽  
Summary Judgment ◽  
Made In

The summary judgment procedure in South African law provides for a speedy judgment in favour of a deserving plaintiff where it can be shown that the defendant does not have a triable defence. In 2019 the Rules Board made certain drastic amendments to the procedure of summary judgment in the high court. In this article the historical development of the procedure of summary judgment will be discussed, and the new amendments to rule 32 of the Uniform Rules of Court critically evaluated. It will be argued that the amendments to rule 32 were unnecessary and that it may diminish the right to access to justice in civil disputes. It will, however, also be argued that there are some merits in the critique raised by the Rules Board in relation to rule 32 and that the Rules Board missed a golden opportunity to overhaul the entire summary judgment procedure in a more sensible manner and in line with the core constitutional values of s 34 of the Constitution. It will be argued that rule 32 should be replaced in its entirety by a new, more streamlined procedure, and some recommendations for legal reform will be made in this regard.

scholarly journals XXXIV. On the transit of Venus in 1769. To the Right Honourable The Earl of Morton, President to the Council and Fellows of the Royal Society, this discourse is, with all humility, inscribed, by their humble servant, Thomas Hornsby

1765 ◽  
Vol 55 ◽  
pp. 326-344 ◽  
Keyword(s):  
Royal Society ◽  
The Sun ◽  
The Real ◽  
The Earth ◽  
Theory Of Gravity ◽  
The Right ◽  
Made In

The observations of the late transit of Venus, though made with all possible care and accuracy, have not enabled us to determine with certainty the real quantity of the sun's parallax; since, by a comparison of the observations made in several parts of the globe, the sun's parallax is not less than 8" 1/2, nor does it seem to exceed 10". From the labours of those gentlemen, who have attempted to deduce this quantity from the theory of gravity, it should seem that the earth performs its annual revolution round the sun at a greater distance than is generally imagined: since Mr. Professor Stewart has determined the sun's parallax to be only 6', 9, and Mr. Mayer, the late celebrated Professor at Gottingen, who hath brought the lunar tables to a degree of perfection almost unexpected, is of opinion that it cannot exceed 8".

Development of Bionic Design Concepts for Structure Optimisation of Forming Tools According to Production and Stress Constraints

2011 ◽  
Vol 473 ◽  
pp. 209-216
Author(s):  
Eugen Oswald ◽  
Mathias Liewald ◽  
Oliver Stephan
Keyword(s):  
Automotive Industry ◽  
Stress Constraints ◽  
Bionic Design ◽  
Design Concepts ◽  
Special Cases ◽  
Current Design ◽  
The Right ◽  
Forming Tools ◽  
Current Standards ◽  
Made In

In the automotive industry, current design and dimensioning of forming tools and bearing tool components occurs according to guidelines. Possible interactions between arising loads as well as dimensioning are empirically estimated. Simulative computations, which are based on CAE-methods, are only realized in special cases. Therefore, most often current standards lead to oversized tools. In consequence, new studies based on CAE-analyses are supposed to investigate new possibilities to design forming tools and components optimized in their structure corresponding to the right distribution of forces and stress. This is made in order to increase reliability during the manufacturing process, as well as the tools’ stiffness and contribute to decrease of investment costs.

The average consumer is not a lawyer! Case C-66/19 JC v Kreissparkasse Saarlouis

2020 ◽  
Vol 27 (3) ◽  
pp. 379-386
Author(s):  
Peter Rott
Keyword(s):  
German Law ◽  
Withdrawal Period ◽  
Average Consumer ◽  
Legal Provisions ◽  
Court Of Justice ◽  
Legal Competence ◽  
The Right ◽  
Credit Law ◽  
Right Of Withdrawal ◽  
Federal Supreme

The Court of Justice had to decide on the transparency of information on the right of withdrawal in consumer credit law. Under German law, the creditor could describe the start of the withdrawal period by mere reference to a legal provision which then referred to other legal provisions which the consumer then had to interpret, which the Court of Justice considered to be lacking in transparency. In the background, there was a conflict between the referring court and the German Federal Supreme Court on the legal competence of the average consumer that the Court of Justice decided in favour of the referring court.

scholarly journals Studies on Amphibian Metamorphosis

1939 ◽  
Vol 16 (1) ◽  
pp. 96-120
Author(s):  
O. M. HELFF
Keyword(s):  
Great Majority ◽  
Gill Tissue ◽  
Shoulder Girdle ◽  
The Other ◽  
Histological Structure ◽  
Serial Sections ◽  
Stages Of Development ◽  
Amphibian Metamorphosis ◽  
The Right ◽  
Made In

(1) Opercular integument, homoplastically transplanted to the back and side of R. temporaria larvae, underwent a process of partial degeneration. The histolysis was not confined to any localized region of the transplant. (2) Autoplastic transplantation of opercular integument to the back and side produced a variety of results. Normal histological structure was maintained in certain transplants, generalized degeneration was observed in others, while in several instances localized histolysis resulting in perforation formation occurred. (3) Homoplastic and autoplastic transplantation of back and side skin to the opercular region resulted in histolysis and perforation formation in such transplants during larval involution. (4) The right forelimbs (in early stages of development) with attached portions of the shoulder girdle were extirpated in R. temporaria and B. bufo. During subsequent metamorphosis, normal opercular histolysis followed by perforation formation in many cases was observed. In most instances, serial sections of the peribranchial cavity revealed the absence of cutaneous glands. (5) Extirpation of the right forelimb only was made in the same two species. Opercular histolysis subsequently occurred in all instances, resulting in perforation formation in the great majority of cases during larval involution. In many of the B. bufo animals two separate perforations developed, one filled with limb stump and the other with gill tissue. (6) It is concluded that in R. temporaria a particular area of the operculum may in some individuals possess self-degenerative potentialities conducive to histolysis and perforation formation during metamorphosis. In both R. temporaria and B. bufo histolytic influences emanating from the atrophying gill tissue and the cutaneous glands of the forelimb are probably also responsible for opercular histolysis and perforation formation. Limb pressure must be considered a supplemental factor. (7) The results are discussed in general and attention called to the fact that opercular histolysis and perforation formation are "doubly assured" in some species and possibly even "triply assured" in others. Emphasis is placed on the evidently wide divergence between species as regards the particular combination of factors responsible for opercular histolysis and perforation formation. Apparently, no one explanation can serve to account for the phenomenon as it occurs in various species of anurans.

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