scholarly journals Controls of the conditions associated with the contract in Bahraini civil law and Islamic jurisprudence: comparative analytical study: ضوابط الشروط المقترنة بالعقود في القانون المدني البحريني والفقه الإسلامي: دراسة تحليلية مقارنة

2021 ◽  
Vol 5 (15) ◽  
pp. 125-104
Author(s):  
Abdullah Mohammed Ali Al. Mekhlafi Abdullah Mohammed Ali Al. Mekhlafi
Keyword(s):  
Public Interest ◽  
Analytical Study ◽  
Civil Law ◽  
Private Interest ◽  
The Public ◽  
Islamic Jurisprudence ◽  
Civil Laws ◽  
Legal Controls ◽  
Financial Transactions ◽  
The Impact

This study deals with the controls of the conditions associated with the contract in Bahraini civil law and Islamic jurisprudence. The knowledge of conditions carries great importance in the financial transactions that take place between individuals in society, and in particular the contracts that are concluded between the contracting parties and the terms that contain these contracts and which are relied upon in The protection and guarantee of contracting funds, as the various contracts and actions through which individuals practice different transactions include many conditions, and on these conditions the validity and invalidity of contracts depend, and given the impact of the conditions on contracts, civil laws have interfered and legal controls have been set for the conditions that are set in the different contracts to protect it from nullity. This research aims mainly to define the legal and controls for the conditions associated with contracts in Bahraini civil law and Islamic jurisprudence, and to show the impact of conditions on the validity of contracts. This study has reached a number of results, the most important of which is that the principle in the conditions is permissibility and not prohibition, and it has restricted freedom in terms of contracts associated with contracts by placing exceptions on the original in order to achieve the public interest and the private interest, and adopting this principle is a desire of the Bahraini legislator not to restrict and limit the contracting parties. The permissibility of the conditions associated with contracts in specific conditions, and the study also showed that adherence to the legal controls related to the conditions protect contracts and actions from nullity, and the contracting parties avoid disputes and material losses that may befall them as a result of contract nullity in the event of Non-compliance with legal and legitimate Controls.

A Civil Law Perespective on the Supreme Court and its Functions

2019 ◽  
Vol 81 ◽  
pp. 44-86
Author(s):  
Aleš Galič
Keyword(s):  
Supreme Court ◽  
Public Interest ◽  
Civil Law ◽  
Important Criterion ◽  
Private Interest ◽  
Supreme Courts ◽  
The Public ◽  
The Supreme Court ◽  
The Times ◽  
Selection Of

The text presents the issue of the Supreme Court’s functions from the perspective of civil law countries. The author argues that the division into cassation, revision and appeal is not an adequate point of reference enabling to define those functions. The author asserts that the most important criterion is whether the Supreme Court acts overwhelmingly in public or private interest. The assessment of that criterion should be made on the basis of the methods of selection of cases by the Supreme Court. What is essential is whether the selection is based on public aims or whether it simply aims at solving a given case accurately. It may be argued that as a result of reforms introduced in the last few years, the majorityof civil law countries have focusedon the implementation of the public rather than private functions. The author concludes that the public function of supreme courts is of a completely different significance than in the times of socialism. The public interest is combined with private interest as it refers to the situation of parties – not parties to the specific proceedings, but all parties which are going to engage in litigation in the future.

Freedom of Expression versus Privacy and the Right to Reputation

2017 ◽  
Author(s):  
Dirk Voorhoof
Keyword(s):  
Public Interest ◽  
Freedom Of Expression ◽  
Media Freedom ◽  
Investigative Journalism ◽  
The Public ◽  
The Right Of Privacy ◽  
The One ◽  
Grand Chamber ◽  
The Right ◽  
The Impact

The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing number and expanding potential of conflicts between the right to freedom of expression and media freedom (Article 10 ECHR), on the one hand, and the right of privacy and the right to protection of reputation (Article 8 ECHR), on the other. In addressing and analysing the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in Axel Springer AG v. Germany (no. 1) are identified and explained. On the basis of the analysis of the Court’s subsequent jurisprudence in defamation cases it evaluates whether this case law preserves the public watchdog-function of media, investigative journalism and NGOs reporting on matters of public interest, but tarnishing the reputation of public figures.

Human rights restrictions during the COVID-19 pandemic in Poland and Russia. Legal and comparative aspects

2021 ◽  
Vol 2(24) ◽  
pp. 323-340
Author(s):  
Marta Pietras-Eichberger
Keyword(s):  
Public Health ◽  
European Union ◽  
Human Rights ◽  
Public Interest ◽  
The European Union ◽  
Human Rights Law ◽  
The Public ◽  
Safety And Health ◽  
Research Problems ◽  
The Impact

The study analyzed selected issues related to the scope of human rights and freedoms during the COVID-19 pandemic in Poland and Russia. The author wanted to compare the regulations issued by a Member State of the European Union and a country outside the European Union, often using undemocratic methods of exercising power. The work focuses on research problems related to the principles of protection, the confrontation of individual interests with the public interest, and the impact of the regimes introduced during the COVID-19 pandemic on human rights law in both countries. The thesis of the study is that in the event of a threat to public health, analogous restrictions on human rights are introduced both in an undemocratic country and in a country belonging to international structures identifying with democratic values. The state of the COVID-19 pandemic has exposed, and in some area even contributed to the creation of mechanisms reserved for crisis situations, posing a direct and real threat to public safety and health.

Public Servitudes for the Certain Types of Facilities Placing: Towards a Discussion on Public Interest Presence

2021 ◽  
Author(s):  
A.P. Ushakova ◽  
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Public Law ◽  
Point Of View ◽  
Private Interest ◽  
Public Interests ◽  
The Public ◽  
Private Interests ◽  
Arbitrary Decision ◽  
The Right

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.

Learning from a Century of Planning Politics

Suburb ◽  
2017 ◽  
Author(s):  
Royce Hanson
Keyword(s):  
Land Use ◽  
Public Interest ◽  
Montgomery County ◽  
Strategic Decisions ◽  
Development Patterns ◽  
The Public ◽  
Public Facilities ◽  
Land Use Policies ◽  
Stage Development ◽  
The Impact

This book examines the impact of planning politics on the public interest by focusing on the case of Montgomery County and its land use policy. In particular, it considers Montgomery's pioneering approach to inclusionary zoning, the Moderate-Priced Dwelling Unit Ordinance, in terms of its effect on development patterns and the character and cost of housing. Montgomery was among the earliest fast-growing suburbs to stage development concurrently with the provision of public facilities. Its land use policies were efforts by the county's planners and politicians to solve practical problems in the public interest. The book analyzes the chain of strategic decisions that transformed Montgomery County from a rural hinterland of Washington, D.C. into a socially diverse urbanizing county of a million people in Maryland. This introduction provides an overview of the growth of suburbs and its implications for neighborhoods and residents, Montgomery County's suburbanization, and the organization of the book.

‘This Happens All the Time’: Organizations, Rationalization and Ethical Dilemmas in Engineering

2020 ◽  
Vol 34 (6) ◽  
pp. 985-1003
Author(s):  
Tracey L Adams
Keyword(s):  
Decision Making ◽  
Professional Practice ◽  
Public Interest ◽  
Ethical Dilemmas ◽  
Mixed Methods Study ◽  
Ethical Standards ◽  
Professional Misconduct ◽  
Ample Evidence ◽  
The Public ◽  
The Impact

Given their positions of public trust, regulated professions are legally required to uphold ethical standards, and ensure that professional practice protects the public. Nonetheless, there is ample evidence that professionals do not always behave ethically. One proposed solution is greater organizational surveillance; however, research from a neo-Weberian perspective encourages scepticism about such arguments. Organizations may not only fail to stop professionals from violating ethical codes, but rationalizing organizations might actively encourage such violations in the name of efficiency. This article explores the impact of organizations and rationalization on professional misconduct through a mixed-methods study of professional engineers in Ontario, Canada. Findings suggest engineers are impacted by rationalization, and that those with less decision-making authority experience pressures discouraging practice in the public interest.

scholarly journals The impact of monetization on the public functions of Weibo

2018 ◽  
Vol 3 (3) ◽  
pp. 195-212 ◽  
Author(s):  
Lize Zhang ◽  
Weiyu Zhang
Keyword(s):  
Product Development ◽  
Public Interest ◽  
Participant Observation ◽  
Chinese Society ◽  
The Public ◽  
The Impact ◽  
Depth Interviews

Operating as a commercial business with public functions, Weibo’s pursuit of profits has to be balanced with the demands of citizen users. This article examines how the dynamics between increasing profits and preserving public interest manifests itself in Weibo’s monetization and how the dynamics impacts Weibo’s public functions. Drawn on evidence collected through participant observation and 19 in-depth interviews, this article first provides a description of the major practices of monetization. Next, it describes how the introduction of commercial elements, the cluttered product development, and the embrace with strong domestic capitals reshape Weibo’s public functions. Finally, it concludes with a discussion on the attitude of Weibo toward the dynamics between profits and public interest, and how Weibo’s pursuit of profits under the market influence has to be included when examining Weibo’s impact on the development of Chinese society.

Biotechnology, State Economic Development, and Interest Politics: a Troublesome Trinity

1991 ◽  
Vol 9 (2) ◽  
pp. 245-250
Author(s):  
William P. Browne
Keyword(s):  
Economic Development ◽  
Comparative Analysis ◽  
Public Interest ◽  
Planning Process ◽  
Private Interest ◽  
Strategic Planning Process ◽  
The Public ◽  
Logical Reason ◽  
State Economic Development

When finally U.S. political archives are reviewed comprehensively and definitively, one confusing point will still linger unresolved: were the artisans of politics crafting policy in response to visions of a public or a private interest? Portz and Eisinger's comparative analysis of state economic development efforts, with hopes pegged on biotechnology, grapples with that distinction at least by implication. Their instructive article needs revisiting - - and their useful findings and conclusions need follow-up research — because there is logical reason to fear that the strategic planning process is no more or less directed toward the public interest than is private interest advocacy.

Evaluating the Effects of External Takeover on the Performance of Regional Companies: The Case of Scotland, 1965 to 1980

1989 ◽  
Vol 21 (2) ◽  
pp. 197-220 ◽  
Author(s):  
B Ashcroft ◽  
J H Love
Keyword(s):  
Public Interest ◽  
Economic Performance ◽  
Regional Economy ◽  
Sales Performance ◽  
Manufacturing Companies ◽  
Rates Of Return ◽  
The Public ◽  
Regional Economic Performance ◽  
The Impact ◽  
Harmful Effects

A framework is suggested for the evaluation of the effects of external takeover on regional economic performance, and an approach is offered to identify the impact of takeover on the performance of the acquired firm. The approach is then applied to estimate the effects of external takeover on the performance of Scottish manufacturing companies between 1965 and 1980. The results show that external takeover improved sales performance but lowered rates of return in acquired firms. Employment was, in general, unaffected. Overall, the effects on acquired firms are judged to have been beneficial, but evidence of harmful effects on the wider regional economy suggests that it cannot be assumed that such takeovers will not be against the public interest.

scholarly journals Judicial Khula; theory and practice

Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 29-40
Author(s):  
Muhammad Rafi Bunairi ◽  
Hujjatullah Agha
Keyword(s):  
Comparative Study ◽  
Analytical Study ◽  
Islamic Law ◽  
Theory And Practice ◽  
The Public ◽  
Fair Process ◽  
Family Courts ◽  
Judicial Practice ◽  
Islamic Jurisprudence ◽  
Emerging Issues

Khula is the most practically used component in the judiciary of Pakistan and this requires completely Islamic Jurisprudence but unfortunately, Neither bar nor bench has special competency on this issue, on top of that Dar Ul Ifta is a different system in Pakistan that is not recognized ultimately common peoples face problems. The question arises to examine the theory of Khula in Islamic law along with Pakistani judicial practice in this relevant matter and furthermore to point out contemporary issues with its solutions so comparative study between khula and its practice is mainly focused in this research. This paper is not just an analytical study of the topic, but it is comparing both theoretical and practical aspects of Kula so that reforms could be oriented toward emerging issues. This work has drawn the conduct for the legal fraternity in concern matter furthermore, this writing has shown a way to the public for adopting a just & fair process for canceling the contract of marriage and more importantly the replacement of Civil judges with Muftian-E-Kiram in family courts will overcome the problems in family cases.

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