scholarly journals AKTA NOTARIS (AKTA OTENTIK) SEBAGAI ALAT BUKTI DALAM PERISTIWA HUKUM PERDATA

Acta Comitas ◽  
2016 ◽  
Author(s):  
I Ketut Tjukup ◽  
I Wayan Bela Siki Layang ◽  
Nyoman A. Martana ◽  
I Ketut Markeling ◽  
Nyoman Satyayudha Dananjaya ◽  
...  

Notary is one of professions lawful services to public, which has responsibilities related with authentic attesting instruments, such as, letters,certificates, or documents made by him/her in written form concerning various lawful actions Departing from the circumstances as preventive measures of prevention needs to be premature given information about the notarial deed (deed authentic) as evidence in the event of civil law in order to later villagers in any transaction in a very large amount in order to carry out the agreement in front notary officials. The fact that occurs in the community, some of them are less aware of the importance of a document as evidence that an agreement between the parties is done with a sense of mutual trust and made ??orally, but there are also some people who understand the importance of making a document as evidence that the deal is made in writing, that it will be presented as a means of evidence.

2019 ◽  
Vol 5 (1) ◽  
pp. 50-61
Author(s):  
G Victor William

Personal guarantee (borgtocht) is an additional agreement (accesoir) which is made for the benefit of the creditor. Personal guarantee cannot exist if there is no legal principal agreement between the creditor and the debtor, therefore this guarantee agreement involves three parties, namely the creditor, the debtor and the guarantor. The main reason for the making of personal guarantee agreement is because there is a relationship of interest between the guarantor and the debtor (the guarantor has an economic interest in the business of the debtor). Personal guarantee in practice are always made in written form. Personal guarantee agreement can be made in the form of under the hand deed or notarial deed. In banking practices, the agreement is made in the form of a standard contract that has been provided by the bank as the creditor. The party that signs this deed is the debtor and the guarantor, hereinafter the deed kept by the bank.


2021 ◽  
Vol 17 (1) ◽  
pp. 78-93
Author(s):  
Mochamad Moro Asih ◽  
Tunjung Fitra Wijanarko

The position of the Memorandum of Understanding on Indonesian Civil Law, as a written form of understanding between the parties, is not a law based agreement. In consequences, no sanctions applied for those parties whose denying (the agreement(s), but on moral sanction. However, a Memorandum of Understanding that does not have a compelling legal force can have it sanctions for any parties involved. The strength to binding (parties) of the Memorandum of Understanding according to agreement law in Indonesia is found on Indonesian Civil Code, equate a Memorandum of Understanding with an “agreement”. Article 1338 of Indonesian Civil Code states that every agreement made, legally binding as a law for the parties who made such agreement (Pacta Sunt Servanda), but if the legal elements of the agreement in Article 1320 Indonesia Civil Law are not fulfilled, then the Memorandum of Understanding is anulled and void by law, and has no legal force. Keywords: Memorandum of Understanding, agreement, sanction, Code of Civil Law


Author(s):  
Fernando Gioppo Blauth ◽  
Allysson Calixto ◽  
Amanda Damazio ◽  
Marino Miloca Rodrigues ◽  
Claudio Jose Beltrão ◽  
...  

ABSTRACT Background Trauma prevention made in the childhood presents great effectiveness for it is in this age that habits and values of safety and citizenship are created. This research intends to analyze which preventive measures are more frequently adopted by the parents of 0 to 12-year-old children and find the relation between prevention and family income. Study design For data collection we handed questionnaires to the parents of children studying in public and private schools in Curitiba-PR, Brasil. The information obtained was analyzed by the programs Epi Info® and Excel®. Results A total of 609 questionnaires were analyzed 291 children (47.8%) were female and 318 (52.2%) were male. From the total, 604 (99.2%) declared to take at least one preventive measure. The most common measures were: 'leaving the handle of the pan inward the stove' with 562 (92.28%), 'wearing seat belt' with 560 (91.95%) and 'leaving medicines and chemical products out of reach' with 541 (88.83%). The parents marked on the questionnaires which measures they adopted with their children out of a list with eight examples. Families with the income of 1 minimum wage (MW) had an average of 2.92 marked options; with the income of 1 to 3 MWs an average of 3.6; 3 to 6 MWs an average of 4.73; 6 to 10 MWs average of 4.91 and above 10 MWs average of 5.31. Discussion Even though most of the families used at least one kind of preventive measure with their children, the family income has marked influence on the amount and type of adopted measures. How to cite this article Blauth FG, Calixto A, Damazio A, Rodrigues MM, Beltrão CJ, Bahten LCV. Relation between Prevention to Trauma and Family Income on Infant Population of Curitiba, Brazil. Panam J Trauma Critical Care Emerg Surg 2012;1(2):106-109.


2021 ◽  
Vol 4 (1) ◽  
pp. 1-10
Author(s):  
Telesia Kathini Musili ◽  
Fancy Cheronoh

The outbreak of the Covid-19 pandemic in the early months of 2020 thwarted and continues to disrupt the strides made in the provision of health services including mental health. Mental health stability is vital to personal wellbeing, the building of relationships and the making of notable contributions to society. This paper sought to situate the importance of psychosocial accompaniment within the community as one of the strategies of responding to mental health challenges that are usually compounded by stigma and discrimination. Content analysis of relational actions prompted by the infectious Covid-19 pandemic formed the basis of this article. Ethical considerations of justice and mutual trust are advanced as foundational values in a community of relations that can easily and practically respond to mental health instability amidst contagious epidemics. The study employed reported experiences of distress emanating from life disruptions that significantly led to poorer mental health in order to urge for psychosocial accompaniment that is founded within the community level. Close relations within the community are lauded as a practical strategy of enhancing and strengthening mental health response amidst contagious pandemics, such as Covid-19.


2019 ◽  
Vol 7 (3) ◽  
pp. 369-382
Author(s):  
Bijan Haji Azizi ◽  
Marzieh Younesi

AbstractContract for practical investment are made in two forms, direct and indirect. Both of the contracts havedifferentiation so does the guaranteed interest condition for them. In the first method, which is the interest of direct investment, the owner of the capital is an investment agentand only interested investors are determined in terms and conditions. In this case from investment, interest is guaranteed by the fact that the investment recipient is committed to buy products produced at price that guarantee logical interest for investors. The accuracy of this guarantee condition is to ensure in term of Islamic law and jurisprudence because commitment to purchase is necessary condition. However in the second form, unlike the first, investor interest is indirectly decided and guaranteed and conditions are increasingly attractive by carrying out industrial and manufacturing activities. This form of interest is also considered legal and valid both in Islamic law and Iran's Civil Law and practically based on the principles of conditions and article 234 of Iran's civil law. So, the main problem of this research the validityof the guaranteed interest conditions in Iranian jurisprudence and law.Keywords: Guaranteed Profit Conditions, Jurisprudence, Iranian Law, MudarabahAbstrakKontrak untuk investasi praktis dibuat dalam dua bentuk, baik langsung maupun tidak langsung. Kedua metode investasi ini memiliki perbedaan, dan kondisi bunga yang dijamin untuk mereka juga akan berbeda. Pada metode pertama, yang merupakan bunga investasi langsung, pemilik modal adalah agen investasi, dan hanya bagi investor yang tertarik ditentukan dalam syarat dan ketentuan. Dalam hal investasi, bunga dijamin dengan fakta bahwa penerima investasi berkomitmen untuk membeli produk yang diproduksi dengan harga yang terjamin. Kondisi jaminan ini dipastikan baik dari segi hukum dan yurisprudensi Islam, karena adanya komitmen untuk membeli adalah syarat mutlak yang diperlukan. Namun dalam bentuk kedua, tidak seperti yang pertama, minat investor secara tidak langsung diputuskan dan dijamin dan kondisinya semakin menarik dengan melakukan kegiatan industri dan manufaktur. Bentuk minat ini juga dianggap sah, baik dalam hukum Islam dan Hukum Perdata Iran, serta sangat praktis berdasarkan pada prinsip-prinsip kelayakan dan pasal 234 hukum sipil Iran. Jadi, pertanyaan utama dari penelitian ini adalah seberapa validkah kondisi bunga yang dijamin dalam yurisprudensi dan hukum Iran?Kata kunci: Kondisi Keuntungan Terjamin, Yurisprudensi, Hukum Iran, MudarabahАннотацияКонтракты на практические инвестиции заключаются в двух формах - прямых и посредственных. У этих двух инвестиционных методов есть различия, и условия гарантированного процента для них также отличаются. В первом методе, который представляет интерес прямых инвестиций, владелец капитала также является инвестиционным агентом, и только заинтересованные инвесторы определяются по положениям и условиям. В случае инвестиций, интерес гарантируется тем фактом, что получатель инвестиций стремится покупать продукты, произведенные по гарантированным ценам. Условия данной гарантии обеспечиваются с точки зрения исламского права и исламской юриспруденции, поскольку обязательство по покупке является необходимым условием. Но во второй форме, в отличие от первой, заинтересованность инвестора определяется  и гарантируется посредственным образом, а условия становятся все более привлекательными при осуществлении промышленной и производственной деятельности. Эта форма также считается законной и действительной как в исламском праве, так и в гражданском праве Ирана и практически основана на принципах обладания правом и статье 234 гражданского права Ирана. Итак, главный вопрос этого исследования состоит в том, насколько верны условия гарантированного интереса в иранской юриспруденции и Иранском праве.Ключевые слова: условия гарантированной прибыли, юриспруденция, иранское право, мудараба  


Author(s):  
Anna Moskal

Does forgiveness nullify the effects of previous disinheritance? The legal nature of forgiveness is the subject of passionate debates among the representatives of civil law doctrine. According to the dominant position in the literature, forgiveness is an act of affection or its manifested expression of forgiveness of the perpetrator of experienced injustice and related to this grudge. This institution has been applied three times in the Civil Code — once with the donation agreement, twice in regulations of inheritance law. Article 1010 § 1 provides that a testator cannot disinherit eligible for legal portion if he forgave him. The wording of the above article indicates that accomplishment of disinheritance in case if testator eligible for legal portion has previously forgiven. The legislator did not, however, determine the effects of forgiveness in relation to previous disinheritance. In the act of 1971, the Supreme Court accepted that such forgiveness would automatically nullify the effects of disinheritance, and could be made in any form. In recent years, lower courts have begun to question the Supreme Court's position, and judges increasingly refer to the critical statements of numerous doctrines. As it was rightly stated, admitting the possibility of invoking the forgiveness made after disinheritance poses a serious threat to the realization of the testator’s will, who, by forgiving, does not necessarily want to revoke the effects of his previous disinheritance. The postulate of de lege ferenda is, according to the author of the article, giving of freedom of judging the effects of forgiveness to the courts and each examination of the forgiving testator’s will on the possible abatement of the consequences of previous disinheritance.]]>


2021 ◽  
Vol 9 (2) ◽  
pp. 121-132
Author(s):  
E.O. Edomwonyi ◽  
U.E. Anyaehie ◽  
J.E. Onuminya

Background: COVID-19 is caused by novel Coronavirus Severe Acute Respiratory Syndrome-Corona Virus (SARS-Cov-2). It is purported to have originated from bat in Wuhan province of China in December, 2019. The epidemic spreads rapidly, reaching a pandemic proportion in January, 2020. The economic implications of the pandemic and burden on health care are enormous. We, therefore, review the impact of this disease to orthopaedic practice.Methods: A comprehensive review of the literature, using suitable keywords, such as COVID -19, viral disease, orthopaedic surgery, on the search engines of PUBMED, Google Scholar and SCOPUS in June 2020.Results: The current treatment of COVID-19 is largely supportive. Lockdown, social distancing, are among many social preventive measures that had been adopted in an attempt to halt the spread of this disease. These Social adjustments, are achieving remarkable results. Intensive monitoring is key. Profound modifications had been made in all spheres of orthopaedic practice, suspending elective surgical cases and modifying the handling of inpatients and outpatients.Conclusions: Globally, orthopaedic practice has been altered in elaborate terms, to accommodate peculiarities of this emerging viral disease, COVID-19. Whilst not neglecting the needs of our patients who depend on us for due care, strict precautions have been adopted to protect patients and health care workers or halt the spread of the disease. Key words: COVID-19, pandemic, orthopaedic surgeon


2013 ◽  
Vol 368 (1623) ◽  
pp. 20120146 ◽  
Author(s):  
Gautam Biswas ◽  
Dieudonne P. Sankara ◽  
Junerlyn Agua-Agum ◽  
Alhousseini Maiga

Dracunculiasis, commonly known as guinea worm disease, is a nematode infection transmitted to humans exclusively via contaminated drinking water. The disease prevails in the most deprived areas of the world. No vaccine or medicine is available against the disease: eradication is being achieved by implementing preventive measures. These include behavioural change in patients and communities—such as self-reporting suspected cases to health workers or volunteers, filtering drinking water and accessing water from improved sources and preventing infected individuals from wading or swimming in drinking-water sources—supplemented by active surveillance and case containment, vector control and provision of improved water sources. Efforts to eradicate dracunculiasis began in the early 1980s. By the end of 2012, the disease had reached its lowest levels ever. This paper reviews the progress made in eradicating dracunculiasis since the eradication campaign began, the factors influencing progress and the difficulties in controlling the pathogen that requires behavioural change, especially when the threat becomes rare. The challenges of intensifying surveillance are discussed, particularly in insecure areas containing the last foci of the disease. It also summarizes the broader benefits uniquely linked to interventions against dracunculiasis.


Pragmatics ◽  
2015 ◽  
Vol 25 (3) ◽  
pp. 393-423
Author(s):  
Riikka Nissi ◽  
Esa Lehtinen

This article investigates the way an institutional task of a meeting is oriented to by different meeting participants and developed in and through local interaction. Our data come from a city organization, where a large organizational change is planned and prepared through a series of face-to-face encounters and accompanying written texts. Using the notion of recontextualization and by connecting it to the conversation analytical method and to the notion of intersubjectivity, the study examines how the institutional task that is verbalized in written form prior to the meeting is conceptualized by meeting participants in their turns of talk. By doing so, the study will particularly shed light on the question of how different recontextualizations are motivated by their sequential position in interaction. Based on this, it also investigates how the meeting participants construct their professional identities through the conceptualizations made. In a wider sense, the article shows how spoken interaction and written texts interweave and form a reciprocal relationship in organizational life. Thus, it contributes to a deeper understanding about the multifaceted connections between the interactional management of meetings and wider organizational practices and processes that these encounters have been set up to advance.


2017 ◽  
Vol 19 (73) ◽  
pp. 145-148
Author(s):  
N. Kos'yanchuk

Rabbits Myxomatosis – highly contagious disease, which pathogen are epiteliotrophic virus from the family Poxviridae. The rapid spread of the disease contributes people's ignorance in realization of zoohygienic, veterinary and sanitary preventive measures during rabbit farming and breeding. Now, effective treatments against Rabbits Myxomatosis isn’t be in existence yet. Therefore, you must implement follow zoohygienic, veterinary and sanitary preventive measures: – to put on-time routine vaccination of all livestock rabbits. Rabbits vaccinated in month age old, in hazardous areas – in 28-th day age old, revaccination realized in 3 months. It is necessary to do the vaccination before the mass insects fly, the best is during late April – early May; – to conduct disinfections, disinsections and deratizations measures of animal buildings; – to conduct measures of manure decontamination (by biotermal way, to the liquid fraction – use follow chemicals: formaldehyde, bleaching powder) – to apply repellents – substances that repel insects (oksamat, benzymin (hexamid) and diethyltoluamid (DEET); – to be consistent with the principle «All Empty – All Occupation», which makes it possible to do preventive breaks, sanitary measures, maintenances and disinfection of animals buildings; – to conduct complex of disease epizootic data diagnostics with regard of: seasonality, the activity of blood-sucking insects, cases in the past, mass disease. There are use the living cultural lyophilized vaccine against Rabbits Myxomatosis in order to prevent disease in the Ukraine, which made in Ukraine and abroad. Currently, LLC «BIOTESTLAB» developed a live vaccine against Rabbits Myxomatosis - Lapinum Mix and Lapinum Hemix (complex against Rabbits Haemorrhagic Disease and Rabbits Myxomatosis). Lapinum lines vaccines provide rapid immune response and long protection against diseases. Tests showed high level of the rabbit blood antibodies from 4-th day of vaccination. In the production of vaccines used same completely homologous Ukrainian virus strains which effective vaccination guarantee.


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