scholarly journals Obligations of beneficiary and arising rights in the insurance contract – A Comparative, analytical study –: الأساس القانوني لمسؤولية المؤمن له الناشئة عن عقد التأمين – دراسة مقارنة –

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Muneer Ali Hulaiel
Keyword(s):  
Traffic Accidents ◽  
Civil Law ◽  
Insurance Contract ◽  
Insurance Law ◽  
Vehicle Accidents ◽  
Vehicle Owner ◽  
Legal Provisions ◽  
General Rules ◽  
Financial Consequences ◽  
Car Accident

In this study, the obligations of the beneficiary and his rights to the insurance contract were dealt with as an impact on the insurance contract, which is of interest at present, which is not comparable to any different types and forms of insurance, indicating that the legislation in question has intervened and imposed some types of legal provisions, as in the case of insurance from liability arising from traffic accidents. This is due to the mandatory insurmountably of each vehicle owner, given the risks caused by the damage caused by vehicle accidents and the financial consequences of those responsible for these damages and the aim of this study to address the issue by analysis and comparison between Jordanian civil law, UAE civil transaction law and Egyptian civil law. We referred to some special legislation on compulsory car accident liability insurance. One of the most notable findings is that comparative legislation did not include regulatory provisions for the insurance contract to the extent commensurate with its nature and importance. It is recommended is that there must be a modern, ideal insurance law instead of relying on general rules.

OSIGURANjE ŽIVOTA U KORIST TREĆIH LICA

2021 ◽  
pp. 535-551
Author(s):  
Zoran Miladinović ◽  
Keyword(s):  
Life Insurance ◽  
Legal Status ◽  
Insurance Contract ◽  
Third Party ◽  
Insurance Companies ◽  
Insurance Law ◽  
Legal Provisions ◽  
Insured Person ◽  
Insured Event

Insurance of life in favor of third parties is more important than the insurance of life in case of death. Moreover, in some rights this type of insurance can be contracted only in the event of the death of the insured person. There are no such restrictions in our insurance law, which means that the same can be agreed in case the isured person reaches a certain age. With this type of insurance, the insured event can be realized on the person of the insurance policyholders or on some other person. The insured person can therefore be the insurance contractor himself and it can also be another person. Considering that in this type of insurance, upon the occurrence of the insured event, the payment of the insured amount is always made to a certain third party beneficiary and that the insurance contract mentions several persons with different legal status, the insurance contract must clearly define the issues such as clear determination of the beneficiary insurance, what happens if the insurance beneficiary dies before the insured person, or the contractor assures, whether it is necessary for the insurance beneficiary to give his consent to be paid compensation, whether and until when the insurance policyholder can revoke the benefit he has contracted for a third party-beneficiary of the insured, etc. All these issues are mainly regulated by legal provisions, but of particular importance are General Conditions of life insurance of life insurance companies, as the above issues are clearly defined on the basis of experiences that have proven to be open in practice.

scholarly journals Regarding the concept of sale of the debtor's property in bankruptcy proceedings

2021 ◽  
pp. 52-58
Author(s):  
Y.E. Tyurina
Keyword(s):  
Civil Law ◽  
Legal Provisions ◽  
Procedure Code ◽  
General Rules ◽  
Bankruptcy Procedure

The article substantiates the theoretical and legal provisions on the concept of sale of the debtor's property in the bankruptcy process. It is established that at the legislative level the interpretation of the term "sale" is quite broad, because it covers the conclusion of sales not only contracts of sale. It is noted that it is impossible to identify the concept of "sale" and "sale", because the content load of the concept of "sale" is much wider than the content load of the term "sale". It is emphasized that the concept of "sale of the debtor's property in the process of bankruptcy" should be considered as a direct conclusion of an agreement on the alienation of the debtor's property. It is argued that the inclusion in the contracts, which mediate the sale of property at auction only agreements that provide for the transfer of ownership. Emphasis is placed on the fact that civil law contracts of sale and business contracts can be concluded in the same way at auctions for the sale of the debtor's property. It is emphasized that the provisions of the Bankruptcy Procedure Code establish an exception to the general rules on the form of these types of agreements and provide for the conclusion of auctions for the sale of property of the debtor in a simplified manner, ie by taking implicit actions. It is determined that the protocol on the auction and the act of acquisition of property at the auction are documents that state the fact of victory of the buyer under certain conditions. Based on the finalization of the provisions on the sale of the debtor's property in bankruptcy, its revised doctrinal definition is formulated as a stage in the process of selling the property, which involves concluding a contract of sale at auction in a simplified manner, on commission or direct alienation to the buyer.

Analysis on liability for damages by autonomous car accident in Civil Law

2017 ◽  
Vol 10 (4) ◽  
pp. 333-378
Author(s):  
Kyumson Seo ◽  
◽  
Kyoungjin Choi
Keyword(s):  
Civil Law ◽  
Car Accident

دية القتل الخطأ في الحوادث المرورية في الفقه الإسلامي: دراسة مقارنة Blood Money for Unintended Manslaughter in Traffic Accidents in Islamic Jurisprudence: A Comparative Study

2015 ◽  
Vol 12 (1) ◽  
pp. 1-29
Author(s):  
عارف علي عارف القره داغي ◽  
فايزة بنت إسماعيل ◽  
ئاوات محمد آغا بابا
Keyword(s):  
Comparative Study ◽  
Mutual Fund ◽  
Traffic Accidents ◽  
Comparative Method ◽  
Inductive Approach ◽  
Legal Provisions ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
Blood Money ◽  
Major Factors

الملخّصيتعلق هذا البحث بموضوع دية القتل الخطأ في الحوادث المرورية في الفقه الإسلامي في العصر الحاضر لكثرة وقوعها وحاجة الناس إلى بيان أحكامها من حيث كيفية تقديرها. وتحرير الخلاف في دية المرأة، ومسألة دية الجنين في حال تعرضه للموت في بطن أمه نتيجة الحادث المروري، أو في حالة تعرضه للإجهاض والموت، وتناول أيضًا دية شخصين إذا ماتا نتيجة اصطدام سيارتين؛ فكيف تقدَّر الدِّية؟ وعالج البحث مسألة العاقلة في الوقت الحاضر التي تساعد الطرفين (الجاني والمجني عليه وذلك بجمع الدية وإعطائها للمجني عليه). وذلك من خلال استخدام المنهج الاستقرائي والمنهج المقارن: حيث يتم من خلاله جمع النصوص المتعلقة بالموضوع، وآراء العلماء المتقدمين، والمعاصرين، والمقارنة بينهما لمعرفة نقاط الاتفاق والاختلاف، لتجلية معالم الموضوع، وتسهيل مناقشتها بصورة دقيقة، ثم بيان الرأي الراجح. وقد توصلت الدراسة إلى أنَّ دية القتل في الحوادث المرورية في العصر الحاضر تساوي بالدينار الذهبي، الذي يساوي 4.250 جرامًا من الذهب، أو بما يساويها من النقد. وأنَّ الراجح هو تساوي دية الرجل مع دية المرأة. وفي حالة عدم وجود العاقلة لابأس من إنشاء شركة تعاونية لمساعدة من وقع منه الحادث.الكلمات المفتاحية: الدِّية، حوادث المرور، دية المرأة، دية الجنين، العاقلة. Abstract         This research addresses the subject of blood money for unintended manslaughter in traffic accidents according to Islamic jurisprudence in the present era due to the frequency of their occurrence and the need for people to understand the legal provisions concerning determining the amount. In this regard, we seek to clarify the disagreements regarding the blood money for women and foetuses that die in the mother’s womb as a result of traffic accidents or abortion. We also address the issue of blood money for two people who die as a result of collision between two cars. We also examine the issue of ʿĀqilah (those who pay the blood money) who helped the two parties (the offender and the victim by collecting blood money and giving it to the victim). To clarify these issues, we use the inductive approach and comparative method wherein we collect the various texts on the subject, and the views of classical and contemporary scholars to engage in a comparison between them in order to identify the points of agreement and disagreement between views. From here, we also hope to identify the major factors pertaining to such issues in order to facilitate a precise and concrete discussion to arrive at the most correct opinion. The study found that blood money for manslaughter in traffic accidents in the present era is equal to a gold dinar, which is equal to 4.250 grams of gold, or its cash equivalent. We advocate that the correct view is that the amount of blood money paid to a man is equal to that of a woman, and that in the absence of an ʿĀqilah it is possible to form a cooperative or mutual fund to render assistance to the victim.Keywords: blood money, traffic accidents, women, foetus, ʿĀqilah.

FUNDAMENTAL PRINCIPLES OF MARINE INSURANCE

ANCIENT LAND ◽  
2021 ◽  
Vol 04 (02) ◽  
pp. 46-48
Author(s):  
Tahmina Shahin Alizada ◽  
Keyword(s):  
Key Words ◽  
Insurance Industry ◽  
Good Faith ◽  
Insurance Contract ◽  
Basic Knowledge ◽  
Marine Insurance ◽  
Insurance Law ◽  
Legal Principles ◽  
Insurable Interest ◽  
Utmost Good Faith

The article describes the fundamental principles of marine insurance. It mainly examines the principle of "utmost good faith" which is the cornerstone of insurance law. The main aim of an article is to help the reader to gain basic knowledge and understanding of the legal principles of marine insurance. The fundamental principles governing marine insurance are very helpful in the assessment of loss and the claim in the maritime insurance industry. As in all contracts of insurance on the property, also marine insurance contract is based on the fundamental principles. Key words: marine insurance, Marine Insurance Act 1906, principles of marine insurance, utmost good faith, insurable interest

scholarly journals Grave Judicial Errors Within the Jordanian Legal System: Causes, Legal Provisions and Solutions

2017 ◽  
Vol 10 (2) ◽  
pp. 122
Author(s):  
Alaa Mohammad Alfawaer
Keyword(s):  
Legal System ◽  
Civic Responsibility ◽  
Legal Principles ◽  
Legal Provisions ◽  
Opposing Party ◽  
General Rules ◽  
Judicial Errors ◽  
Judicial Error

It is reasonably and logically conceivable that a judge commits a grave judicial error during the undertaking of his or her judicial work, whether related to legal principles, in the performance of his or her judicial duties or in his exercising of jurisdiction. This error is related to his or her civic responsibility, if it has resulted in damages to a member of the opposing party. Despite the importance and seriousness of such mistakes, and its long establishment, Jordanian legislation has not provided for it, and has left it to the general rules. There is no doubt that there are reasons which lead to such errors occurring and, conversely, that there are ways to avoid this error.

scholarly journals Perspektif Kode Etik Jabatan Notaris terhadap Publikasi dan Promosi Jabatan Notaris melalui Aplikasi Android

2020 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Nadia Imanda
Keyword(s):  
Research Methods ◽  
Code Of Ethics ◽  
Civil Law ◽  
Supervisory Board ◽  
Electronic Media ◽  
Public Official ◽  
Android Application ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Provisions

Abstract: The era of technology brings people to the development of sophisticated computers and smartphones in which the applications of various types and purposes are. Notary as a public official appointed by the state to take care of most countries and communities in the context of civil law, has legal provisions related to what may and may not be done by a Notary. In this case, the Notary Code of Ethics of the Indonesian Notary Association (INI) states that notaries are denied publication and self-promotion of their positions through writing media as well as electronic media, but the category of advertising on publicity and self-promotion does not provide clear interpretation on android application that indicates to violate the Article 4 paragraph (3) Notary Code of Ethics. This legal research uses normative research methods using the statute approach and conceptual approaches. The use of an android application by a notary who indicates committing violation must be studied and supervised from the Notary Honorary Board and Notary Supervisory Board  so that the inteniont and the purpose of the UUJN and the Notary Code of Ethics can be realized and the office of notary as a profession cannot be dishonored.  Abstrak: Era teknologi membawa manusia pada perkembangan komputer dan smartphone canggih yang di dalamnya terdapat fasilitas aplikasi berbagai macam jenis dan tujuan. Notaris sebagai pejabat umum yang diangkat oleh negara untuk mengurusi sebagian urusan negara dan masyarakat dalam lingkup hukum perdata, memiliki ketentuan hukum terkait apa yang boleh dan tidak boleh dilakukan oleh seorang Notaris. Dalam hal ini, Kode Etik Notaris Ikatan Notaris Indonesia (I.N.I) menyatakan bahwa notaris dilarang melak         ukan publikasi dan promosi diri terhadap jabatannya melalui media tulis mau pun media elektronik, namun kategori batasan terhadap publikasi dan promosi diri dinilai kurang memberikan kejelasan hukum bahwasanya ditemukan aplikasi android yang berindikasi pelanggaran Pasal 4 ayat (3) Kode Etik Notaris. Penelitian hukum ini menggunakan metode penelitian normatif dengan pendekatan berdasarkan perundang-undangan (statute approach) dan pendekatan konsep (conceptual approach). Penggunaan aplikasi android oleh notaris yang berindikasi melakukan pelanggaran harus dilakukan pengkajian dan pengawasan dari Dewan Kehormatan Notaris dan Majelis Pengawas Notaris agar maksud dan tujuan UUJN serta Kode Etik Notaris dapat terwujud dan tidak mencederai jabatan notaris sebagai profesi yang mulia. 

scholarly journals Identifying and Labeling Potentially Risky Driving: A Multistage Process Using Real-World Driving Data

2021 ◽  
Vol 2021 ◽  
pp. 1-11
Author(s):  
Charles Marks ◽  
Arash Jahangiri ◽  
Sahar Ghanipoor Machiani
Keyword(s):  
Real World ◽  
Traffic Accidents ◽  
Network Models ◽  
Multistage Process ◽  
Neural Network Models ◽  
Risky Driving ◽  
Vehicle Accidents ◽  
Driving Behaviors ◽  
Novel Approach ◽  
Risky Driving Behaviors

Every year, over 50 million people are injured and 1.35 million die in traffic accidents. Risky driving behaviors are responsible for over half of all fatal vehicle accidents. Identifying risky driving behaviors within real-world driving (RWD) datasets is a promising avenue to reduce the mortality burden associated with these unsafe behaviors, but numerous technical hurdles must be overcome to do so. Herein, we describe the implementation of a multistage process for classifying unlabeled RWD data as potentially risky or not. In the first stage, data are reformatted and reduced in preparation for classification. In the second stage, subsets of the reformatted data are labeled as potentially risky (or not) using the Iterative-DBSCAN method. In the third stage, the labeled subsets are then used to fit random forest (RF) classification models—RF models were chosen after they were found to be performing better than logistic regression and artificial neural network models. In the final stage, the RF models are used predictively to label the remaining RWD data as potentially risky (or not). The implementation of each stage is described and analyzed for the classification of RWD data from vehicles on public roads in Ann Arbor, Michigan. Overall, we identified 22.7 million observations of potentially risky driving out of 268.2 million observations. This study provides a novel approach for identifying potentially risky driving behaviors within RWD datasets. As such, this study represents an important step in the implementation of protocols designed to address and prevent the harms associated with risky driving.

scholarly journals Suggestions to modify Vietnam’s legal provisions on the insurable interest in life insurance

2019 ◽  
Vol 2 (3) ◽  
pp. 38-49
Author(s):  
Bach Thi Nha Nam
Keyword(s):  
Life Insurance ◽  
Insurance Contract ◽  
Business Law ◽  
Insurable Interest ◽  
Legal Provisions ◽  
Contract Performance ◽  
Insurance Business ◽  
Core Principle

The insurable interest in life insurance is a core principle for the parties to enter into an insurance contract. In case the policyholder does not have insurable interest to the insured, the life insurance contract will become invalid or the life insurance contract will terminate when the policyholder no longer has insurable interest in accordance with Vietnam Insurance Business Law. The practice of life insurance contract performance has raised many issues related to the insurable interest that Vietnam Insurance Business Law has not mentioned or are still lacking. Therefore, the legal provisions on insurable interest are covered with many shortcomings, and inconsistent with the practice of insurance business. On the basis of analysis of caselaw and insurance statutes in US jurisdiction, the author proposes to modify the legal provisions on the insurable interest stipulated in the Vietnam Insurance Business Law..

scholarly journals Keabsahan dan Pemakaian Arahan Amalan dalam Pentadbiran Kehakiman dari Perspektif Undang-Undang Syariah dan Sivil: Suatu Perbandingan

2021 ◽  
Vol 33 (1) ◽  
pp. 29-50
Author(s):  
Zubaidi Sulaiman ◽  
◽  
Ahmad Hidayat Buang
Keyword(s):  
Qualitative Study ◽  
Case Reports ◽  
Civil Law ◽  
Civil Court ◽  
Legal Provisions ◽  
Library Research ◽  
Judicial Administration ◽  
Civil Courts ◽  
Research Analysis

Practice Directions have been introduced in the civil courts since 1946, and an adaptation of these was introduced in the Syariah courts in 2000. This article aims to explain the validity and position of the Practice Directions, as well as to compare these in terms of of legal provisions and application in the Syariah and civil courts. This research is a qualitative study involving library research (analysis of provisions of relevant laws and case reports), supplemented with interviews. It is found that Practice Directions were applied based on the provisions of the laws in force. However, there are differences in the position and application of Practice Directions between the Syariah courts and the civil courts in terms of source of authority, the authorities issuing the Practice Directions, enforcement and status, as well as the publication of Practice Directions. This study may serve as a guideline for JKSM and JKSN to re-evaluate and amend existing laws, or to form methods for Practice Directions for the courts to ensure that the ones used are valid and cannot be challenged by any party. Keywords: Practice Directions, judicial administration, Syariah court, civil court, shariah law, civil law, practice direction methods.

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