scholarly journals Contract for Work (locatio conductio operis) of Transportation and Rustic Praedial Servitude of Way (servitus viae) as Roman Law Institutions for Needs of Rural Logistics

Author(s):  
Allars Apsītis ◽  
Dace Tarasova ◽  
Jolanta Dinsberga ◽  
Jānis Joksts

The article deals with the results of the authors’ research performed on original sources of Roman Law with reference to legal constructions concerning various types of logistics challenges related to agricultural production and residence in rural areas. Provision of transportation services was regulated by means of a contract for work (locatio conductio operis) – an agreement according to which a contractor / employee as a lessee (conductor, redemptor operis) had obligations to fulfil services or certain work on or from the material supplied by the commissioning party / employer / lessor (locator). An agreement on transportation of goods or passengers was also considered to be a contract for work. A smart answer to infrastructure challenges was the so-called rustic praedial servitudes (servitutes praediorum rusticorum), including a servitude of way / road (via), which granted the owner of a parcel of land non-adjacent to a public road (via publica) the right to use the road over a parcel of land belonging to another owner, thus gaining access to the public road. The legal framework of a Roman contract for work of transportation and the rustic praedial servitude of way / road must be recognised as a rather effective solution for challenges of rural logistics at the time. Keywords: contract for work of transportation, servitude of way, Roman Law, rural logistics.

1996 ◽  
Vol 87 (3) ◽  
pp. 427-450 ◽  
Author(s):  
R. Kidston ◽  
W. H. Lang

The chert of the Muir of Rhynie, containing plant-remains, was discovered by Dr W. MACKIE of Elgin while investigating the sedimentary and volcanic rocks of Craigbeg and Ord Hill which occur in that area. The original discovery was made on loose specimens, built into the dykes or scattered over the fields, especially those lying to the north of the road which runs from Rhynie to Cabrach, and east and west of the right-of-way that here connects Windyfield Farm with the public road.


1917 ◽  
Vol 51 (3) ◽  
pp. 761-784 ◽  
Author(s):  
R. Kidston ◽  
W. H. Lang

The chert of the Muir of Rhynie, containing plant-remains, was discovered by Dr W. Mackie of Elgin while investigating the sedimentary and volcanic rocks of Craigbeg and Ord Hill which occur in that area. The original discovery was made on loose specimens, built into the dykes or scattered over the fields, especially those lying to the north of the road which runs from Rhynie to Cabrach, and east and west of the right-of-way that here connects Windyfield Farm with the public road.


Author(s):  
Erika Maria Sampaio Rocha ◽  
Thiago Dias Sarti ◽  
George Dantas de Azevedo ◽  
Jonathan Filippon ◽  
Carlos Eduardo Gomes Siqueira ◽  
...  

Abstract: Introduction: The scarcity and inequalities in the geographical distribution of physicians challenge the consolidation of the right to health and create migratory flows that increase health inequities. Due to their complex and multidimensional characteristics, they demand multisectoral political approaches, considering several factors related to the availability and area of practice of medical doctors, as well as the social vulnerability of local populations. Objective: This study aimed at analysing results of the “Mais Médicos” (More Doctors) Program Educational Axis in Brazil. Methodology: A documental research was conducted, highlighting the location and the public or private nature of new undergraduate medical school vacancies between the years 2013 until 2017, which were then compared to the goals and strategies outlined in the official Program documents. Results: The Educational Axis reached important milestones despite the resistance of some institutional actors. The Program extended its undergraduate vacancies by 7696 places, 22.48% of that in public institutions and 77.52% in private ones. Vacancy distribution prioritized cities in rural areas of Brazil, at the same instance bringing forward significant regulatory changes for undergraduate medical courses. However, political disputes with representatives of medical societies and stakeholders interested in favouring the private educational and healthcare sectors surface in the official discourses and documents. These factors weakened the program normative body, creating a hiatus between its core objectives and respective implementation. Evidence related to the concentration of vacancies in the Southeast regions allow the maintenance of a known unequal workforce distribution, despite a proportionally bigger increase in the Midwest, North and Northeast regions. Conclusion: The predominance of vacancies in private institutions and the weakening of the new undergraduate courses monitoring instruments can compromise changes in the graduate students’ profiles, which are necessary for the fixation of physicians in strategic geographic areas to promote Primary Healthcare.


Author(s):  
Nada Mohammed Abid

Services are one of the important indicators that reflect the welfare of the society and its development. Due to the increase in various means of transport and the increase in internal and external traffic, the provision of basic services for the regional road users has become a necessity that should be studied in a thorough and accurate manner to reach the appropriate mechanism for the spatial allocation of these services. The research problem lies in the lack of interest in the optimal spatial allocation of the public road services because of the overlap between the powers and authority of the municipalities and the directorates of roads and bridges preventing to study the subject comprehensively. In addition, there is a lack of roads in general and regional roads in particular for service stations and passenger vehicle stopping spaces, with standard specifications. Therefore, this research is aimed at identifying the sufficiency of spatial allocation of regional road services and studying the current situation of these services, analyzing the efficiency of these services and finding the shortage. We also set plans and strategies to develop the level of services and invest in a manner that achieves the required sufficiency. Furthermore, some research hypotheses were set: the sufficiency of the spatial allocation of the public road services in the regional roads improves the road level of service by identifying a set of factors that directly affect this sufficiency.


Author(s):  
Sujith Koonan

The legal framework relating to the realization of the right to sanitation in rural areas is complex and fragmented, with laws and institutions focusing on different aspects of sanitation at different administrative levels. The framework is further complicated with the presence of a strong policy framework framed by the Union Government from time to time which primarily governs the sector. This chapter examines the law and policy framework for the realization of the right to sanitation in rural areas in India. It specifically examines the framework for implementation of the right to sanitation in rural areas from the perspective of rights including the right to sanitation.


2006 ◽  
Vol 24 (1) ◽  
pp. 1-43
Author(s):  
Natasha Assa

One of the key principles of the modern legal state (Rechtsstaat) is the right of all citizens to seek judicial protection against unlawful acts of government officials. It stems from the fundamental principle of the rule of law that asserts that all citizens, including state officials, are equal before the law and have the right to a fair trial. Within this legal framework a distinct field of law, “administrative justice,” governs public litigation against state officials. Its domain of jurisdiction reflects complex philosophical and legal distinctions between the public and private spheres in the modern state. As legal scholars and philosophers continuously redefine the boundary between the public and private spheres, the prerogatives of government officials over the rights of private citizens continue to evolve. The key questions in the debate are as follows. Should the state guarantee an undisputed precedence of citizens’ rights over administration or should it protect its officials from widespread litigation and therefore grant them a certain degree of immunity? Should ordinary courts and laws decide disputes between government officials and private individuals, or should the state provide separate norms, judges, and procedures for administrative litigation? Should punishment for misuse of administrative power be equal to that of the breach of civil or criminal laws? Who and to what extent should be made liable for any damages incurred through misuse of administrative power?


2018 ◽  
Vol 19 (6) ◽  
pp. 261-265
Author(s):  
Jan Targosz ◽  
Jacek Wiederek

The article discusses about the road infrastructure and its evolution from 1989 to the present day, as well as plans for further expansion of both the public road network and the national road network until 2020/2030.


2017 ◽  
Vol 23 ◽  
pp. 19-27
Author(s):  
Erna Bára Hreinsdóttir ◽  
Sigríður Kristjánsdóttir ◽  
Haraldur Sigþórsson

Over the last decades the car has become an increasingly bigger part of our lives. Sometimes Icelanders say that they use the private car instead of a coat. In modern planning some of the main goals are sustainability and public health. By using other means of travel than the private car, pollution will decrease and the need to rebuild traffic infrastructure is less likely. Active lifestyle also contributes to health. The government as well as many local authorities motivate citizens for a healthier lifestyle, for example by encouraging them to use an active mode of travel, such as walking or cycling. This should result in improved wellbeing and the costs of health care should be reduced. To implement active travel the focus is on children and how they get to school. In Reykjavík the public schools are often situated in the middle of the neighbourhood so children do not need to cross roads with heavy traffic on their way to school. Furthermore, children in Reykjavík usually do not have to travel over 800m for school. A study shows that 84% of school children in Reykjavík walk or cycle to school. But how is the situation in smaller towns in other parts of Iceland? A study was done in six towns in Iceland. Based on residence within 800m from school, it turns out that the ratio in towns in rural areas is significantly lower than in Reykjavík, or 66%. The circumstances in the towns are different from those in Reykjavík because of the highway crossing the residential areas. By law, any authorized vehicles is to be able to be driven through the highway. Therefore there is often heavy traffic on the highways. The rate of active transport for the children who do not need to cross the road on their way to school is 77%, which is pretty close to the percentage in Reykjavík. Active mode of travelling by children that have to cross the road on their way to school is significantly lower; or 40%. The conclusion is that the location of the school and the highway affects the way children travel to school. These results are useful tools for municipalities preparing spatial plans


2018 ◽  
Vol 16 (2) ◽  
pp. 91-108
Author(s):  
Anna Simonati

The concept of ownership, which (in Italy and similarly in other European systems) is still essentially based on private law rules, is currently not sufficient to ensure the satisfaction of the general interest in an increasingly wide access to scarce resources, in the perspective of equality and fairness on the field. At the same time, strong criticism has been expressed about the frequent phenomenon of privatisation of originally public assets and resources. The threats to the pursuit of the public benefit posed by privatisation may be tackled by constructing a new legal framework, aimed to protect the right of the populations to be involved not only in the use, but also in the management of the commons. An expression of this idea is the draft European Charter of the Commons, which is the result of a collective brain-storming by a group of scholars rather than a source of law. Its non-normative nature has allowed its authors to express particularly ‘brave’ positions. This article takes the Charter as a starting point to focus on some open issues. The main proposal concerns the possible exploitation of new participatory models for the involvement of communities of users in the strategic decisions on the management of the commons. In such perspective, a brief reference to the Italian legal system is made. In Italy, there are no systemic rules about the commons, but some procedures to involve the interested local communities in the strategic choices have been experimented, which can serve as an illustration also for otherEU countries.


2021 ◽  
Vol 15 (1) ◽  
pp. 139-172
Author(s):  
Abdulkader Mohammed Yusuf

Information plays a vital role, both in terms of its importance for a democratic order and as a prerequisite for public participation. Many countries have made provisions for access to information in their respective constitutions. The FDRE Constitution explicitly provides that everyone has the right to seek and receive information. The Freedom of Mass Media and Access to Information Proclamation –which entered into force in 2008– gives effect to this Constitutional guarantee. Moreover, the number of laws on different environmental issues is on the rise, and the same could be said of the multilateral environmental agreements that Ethiopia has ratified. Many of the laws incorporate the right of the public to access environmental information held by public bodies. Despite the existing legal framework, there are still notable barriers to access to environmental information. By analyzing the relevant laws, the aim of this article is to contribute to the dialogue on the constitutional right of access to information with particular emphasis on the legal framework on, and the barriers to, access to environmental information within the meaning of Principle 10 of the Rio Declaration.


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