Kajian Yuridis Unidroit Dalam Hukum Kontrak di Indonesia

2020 ◽  
Vol 12 (2) ◽  
pp. 160-178
Author(s):  
Suradiyanto Suradiyanto ◽  
Dinny Wirawan Pratiwie
Keyword(s):  
Mandatory Rules

Tujuan dari prinsip UNIDROIT adalah untuk mengharmonisasikan hukum kontrak komersial di negara-negara yang ingin menerapkannya, sehingga materinya difokuskan pada persoalan yang dianggap netral.Ruang lingkup yang diatur oleh prinsip UNIDROIT adalah kebebasan berkontrak, mengingat asas kebebasan berkontrak dalam UNIDROIT ini berusaha untuk mengakomodasikan berbagai kepentingan yang diharapkan dapat memberikan solusi persoalan perbedaan sistem hukum dan kepentingan perekonomian lainnya.Kaidah-kaidah hukum memaksa (mandatory rules) yang diberlakukan oleh negara dalam hukum nasionalnya, atau untuk melaksanakan suatu konvensi internasional atau yang digunakan oleh sebuah organisasi internasional, tidak dapat dikesampingkan oleh asas-asas UNIDROIT.Bila para pihak memasukkan prinsip-prinsip UNIDROIT sebagai syarat dalam kontrak maka syarat-syarat itu tidak dapat mengesampingkan kaidah memaksa dari lex causae atau lex fori negara ketiga yang memiliki kaitan yang erat dengan kontrak.Bila (khususnya dalam proses arbitrase) asas-asas UNIDROIT diberlakukan sebagai hukum yang berlaku, maka UNIDROIT tidak dapat mengesampingkan kaidah-kaidah memaksa dari sistem hukum yang seharusnya berlaku berdasarkan pendekatan Hukum Perdata Internasional (HPI).

Analysis of Characteristics of Halogen and LED Automobile Lamps

2020 ◽  
pp. 57-62
Author(s):  
Olga Yu. Kovalenko ◽  
Yulia A. Zhuravlyova
Keyword(s):  
Power Consumption ◽  
Flip Chip ◽  
Weather Conditions ◽  
Luminous Flux ◽  
Luminous Efficacy ◽  
Colour Temperature ◽  
Study Results ◽  
Calculation Results ◽  
Mandatory Rules ◽  
Halogen Lamps

This work contains analysis of characteristics of automobile lamps by Philips, KOITO, ETI flip chip LEDs, Osram, General Electric (GE), Gtinthebox, OSLAMPledbulbs with H1, H4, H7, H11 caps: luminous flux, luminous efficacy, correlated colour temperature. Characteristics of the studied samples are analysed before the operation of the lamps. The analysis of the calculation results allows us to make a conclusion that the values of correlated colour temperature of halogen lamps are close to the parameters declared by manufacturers. The analysis of the study results has shown that, based on actual values of correlated colour temperature, it is not advisable to use LED lamps in unfavourable weather conditions (such as rain, fog, snow). The results of the study demonstrate that there is a slight dispersion of actual values of luminous flux of halogen lamps by different manufacturers. Maximum variation between values of luminous flux of different lamps does not exceed 14 %. The analysis of the measurement results has shown that actual values of luminous flux of all halogen lamps comply with the mandatory rules specified in the UN/ECE Regulation No. 37 and luminous flux of LED lamps exceeds maximum allowable value by more than 8 %. Luminous efficacy of LED lamps is higher than that of halogen lamps: more than 82 lm/W and lower power consumption. The results of the measurements have shown that power consumption of a LED automobile lamp is lower than that of similar halogen lamps by 3 times and their luminous efficacy is higher by 5 times.

Mandatory and Default Rules in Fiduciary Law

2019 ◽  
pp. 434-448
Author(s):  
Daniel Clarry
Keyword(s):  
Modern Trend ◽  
Legal Institutions ◽  
Core Element ◽  
Constituent Element ◽  
Mandatory Rules ◽  
Default Rules ◽  
Other Regarding ◽  
The Relationship

This chapter discusses the nature and operation of mandatory and default rules in fiduciary law, arguing that loyalty is a core element of every fiduciary legal institution. Loyalty is the hallmark of fiduciary law, as it requires persons in other-regarding positions of power to perform functions selflessly, rather than selfishly. However, there are many circumstances in which a person undertakes and exercises other-regarding powers, underscoring the fact that a broad range of persons may be the subject of fiduciary law. This chapter first provides an overview of key concepts and context, focusing on the distinction between mandatory rules and default rules as well as sources of such rules in fiduciary law. It then considers fiduciary loyalty, citing examples that illustrate how a baseline of fiduciary accountability is implied by the essential nature of fiduciary legal institutions, along with the mandatory or default quality of the duties of care and good faith. The main thesis of this chapter is that loyalty is a basic constituent element of all fiduciary legal institutions. Whether fiduciary principles are mandatory involves a consideration and determination of whether the relationship or institution is inherently fiduciary as matter of law and legal classification. It also highlights the modern trend toward codification and clear legislative demarcation of mandatory and default rules in fiduciary law.

scholarly journals MATERIAL LIABILITY OF SENTENCED PERSONS – REALITIES AND PROSPECTS OF IMPROVING AND APPLICATION

2019 ◽  
pp. 153-156
Author(s):  
D. E. Levchanovskyi ◽  
S. V. Tsariuk
Keyword(s):  
The State ◽  
Material Damage ◽  
Practical Activity ◽  
Staff Members ◽  
Integral Component ◽  
Penal Institution ◽  
Mandatory Rules ◽  
Educational Influence

The significance of the sentenced person's liability has been investigated. It applies to a convicted person in prison for a term of imprisonment, as an integral component of the educational influence on such person to correct and re-socialize him. The society is accustomed to perceive the State Criminal Enforcement Service of Ukraine as an institution, which by its function is intended to serve the sentences of a court, but the legislation also imposes on it the task of correcting and re-socializing the sentenced person using the methods and means of educational influence that go hand in hand with the execution of punishment. The liability of the convicted person is at the same time a criterion for evaluating the use of remedies and re-socialization and acts as an element of the same educational influence. Therefore, it is problematic for staff members of the Penal Institution to realize the need to apply the disciplinary and material responsibility of prisoners in the exercise of educational influence differently. The content of the article reveals the need to apply the liability of the convicted person as a normative-legal category, through the lens of educational influence on the convicts. It encourages creation of appropriate methodological recommendations and improving the mechanism of their application in the practical activity of the units of the Penal Institution. Аnd the need for appropriate changes at the legislative level regarding the mandatory rules on compensation for material damage caused to a sentenced institution while serving a sentence, which in turn will help to consolidate the foundation of one of the methods of educational influence. It is noted that the purpose of educational influence through material liability is realizing by the isolated person the fact of wrongdoing, legal and material consequences, as well as rethinking his act. This is important because convicts are not required to compensate for material damage. Therefore, there is a need to go to court for material damages, which can lead to a loss of value and "demand" for such educational influence from the staff of the institution.

Event

The Adventure ◽  
2018 ◽  
Author(s):  
Giorgio Agamben
Keyword(s):  
Round Table ◽  
Mandatory Rules ◽  
The One

This chapter contends that the event is always an event of language and that adventure is inseparable from the speech that tells it. The being that happens here and now happens to an “I” and, for this reason, is not without relation with language; it is instead defined every time with respect to an instance of enunciation; it is always a “sayable,” which as such demands to be said. For this reason, the one who is involved in the event-adventure is involved and summoned in it as a speaking being, and—following the mandatory rules of the Round Table—must try to tell his adventure. The adventure, which has called him into speech, is being told by the speech of the one it has called and does not exist before this speech.

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