scholarly journals Los hechos jurídicos

2020 ◽  
Vol 1 (2) ◽  
pp. 809-836
Author(s):  
Rubén Compagnucci de Caso
Keyword(s):  
Logical Connection ◽  
Commercial Code ◽  
The Social ◽  
Legal Effect ◽  
Legal Consequence ◽  
Civil Codes ◽  
The One ◽  
General Aspects ◽  
The Right

This study is about “legal acts”, which is a division of “the general aspects of private law. Most of the Civil Codes in the 20th and 21st centuries which include these general aspects, dedicate several of their articles to rule on said matter and determine in this way their nature, require-ments and effects .An example of all this are the Civil Codes in Germany (BGB), Brazil, Mexico, Switzerland among other countries. The new Civil and Commercial Code in force in Argentina since Au-gust 1st, 2015 deals with this matter in Book I, Title V, Chapter I (articles 257 to 264).Acts are external events within the social reality which have the power to alter or modify the surrounding environment. In this context, their analysis and study only apply to those actions or facts of a juridical nature and are therefore of interest to the law. All this makes it necessary to take a stand in order to explain when and why an event either natural o human is to be considered a “legal act”. To give an answer to this question, there are two opposed theories on the subject and some other irrelevant opinions. In this present, it has been intended to define and clarify the main points of both theories. One idea sustains that a legal act is the one which has in itself the character and the ability to achieve a goal, that is, the legal effect. This leads to defining it as the causal event of logical connection making it possible to get said legal effect then becoming a quality of the object itself. This theory is called “traditional” or “causative”. The second theory, supported by most of the Italian lawmakers and well spread in the modern doctrine considers that the legal acts themselves do not have a particular virtue but that their legal or juridical character is given by the fact that they are presupposed to have fulfilled all sta-tutory requirements. All this has been called fattispecie or “regulating factual presuppositions” by the Italian lawmakers.When a rule or law understands that to have a legal consequence it is necessary to do one or more acts, said acts become legal acts. For example , the birth or the death of a person is a “natural” act, but in most legislations the person who is born has the right to acquire, and the deceased to transfer their estate to their heirs. Other aspects have also been considered, in particular the classification of the legal acts, and the most important is the one which distinguishes natural acts from human acts which are tho-se where a human being takes part and with the expression of their will can do what are simply called “legal acts” or “legal transactions”.

scholarly journals Problems of implementation of the constitutional complaint in Ukraine and ways to resolve them

2020 ◽  
pp. 93-99
Author(s):  
Oksana Shcherbanyuk
Keyword(s):  
Social Issues ◽  
Constitutional Court ◽  
Pension Insurance ◽  
Social Pension ◽  
European Experience ◽  
The Social ◽  
Legal Effect ◽  
Protection Of Human Rights ◽  
Administrative Proceedings ◽  
The Right

The article explores the problems of implementation of the constitutional complaint in Ukraine and proposes ways of its solving. The article analyses the jurisprudence of the Constitutional Court of Ukraine clarifies the admissibility criteria of the constitutional complaint in Ukraine, the procedural filters and proposed solutions of problems to improve the protection of rights and lawful interests of persons. The analysis of the content of the constitutional complaint indicates that the Constitutional Court of Ukraine is most often addressed the citizens of Ukraine with a petition regarding the implementation of the right of everyone to judicial review (in particular, cassation in cases of minor difficulties in administrative proceedings). Also appealed to the citizens with constitutional complaints in relation to social issues to protect their rights stipulated in the legislative acts that have undergone changes, in particular, with respect to the social (pension) insurance of certain categories of citizens (police, military, civil servants, prosecutors). While the Board and the Senate of the Constitutional Court of Ukraine often refused to open constitutional proceedings on the grounds of inadmissibility of the constitutional complaint (paragraph 4 of article 62 of the law of Ukraine on the constitutional Court of Ukraine), which is indicated at 136 decisions of Collegium of judges and 8 resolutions of the Senates. It is concluded that the mechanism of the submission and consideration of the constitutional complaint, the algorithm of selection (filtering) of the constitutional complaints needs significant improvement with consideration for the European experience. In our opinion, the legal effect of the constitutional-legal institution will be made only in connection with the introduction of a complete, not normative constitutional complaint, which will significantly increase the responsibility of subjects of law-making, law enforcement, protection of human rights and ensure the authority of the Constitution of Ukraine.

scholarly journals KINERJA LEMBAGA PERWAKILAN RAKYAT DAERAH (Studi Deskriptif Kualitatif Di DPRD Kota Bengkulu)

2015 ◽  
Vol 1 (2) ◽  
Author(s):  
Harius Eko saputra
Keyword(s):  
Mass Media ◽  
Public Service ◽  
Public Services ◽  
Research Seminar ◽  
Factors Affecting ◽  
The Public ◽  
Current Implementation ◽  
The One ◽  
The Right

Almost every day, in various mass media, especially in newspapers, it is found that there are so many complaints and unsatisfactory opinions from the community, as the customer, towards the current implementation of public service. These complaints and unsatisfactory opinions can describe how bad the quality of the current public service is, which is benefited by the community. It may be the right time for the community to be treated as citizens, who will have rights and give priority to their rights for being served afterwards. They are not anymore being considered as clients who previously have no any choice in choosing and in determining what kind of service that they really want to. There are so many results from research, seminar and writings that are conducted by experts in which their works talk about the implementation of a good and qualified public service. Currently, however, the qualified public service has not yet implemented as should have been. The implementation of public service still acts as however it please to be and only emphasize on its own interest without considering the consumer’s importance as the party that should really be served as well as possible. For this reason, a research, which is done in Service Integrated Unit of the Jember Regency, tries to find out any factors affecting quality of the public services. The main core of the public service implementation is the quality of norm of the service executor. The matter that should be realized is that the executor is the person who should serve for the community, and the community is the one who should be served as well as possible.Keywords: Implementation of public service, legislatif

The Use of Blood Money in the Establishment of Non-Justice: Necrodomination and Resistance

2019 ◽  
pp. 160-186
Author(s):  
Cem Özatalay ◽  
Gözde Aytemur Nüfusçu ◽  
Gülistan Zeren
Keyword(s):  
Social Hierarchy ◽  
Judicial Process ◽  
The Social ◽  
Blood Money ◽  
Perpetrators And Victims ◽  
The One ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

The use of blood money by powerful people during the judicial process following different kinds of homicides (workplace homicides, state homicides, gun homicides and so on) has become commonplace within the neoliberal context. Based on data obtained from five cases in Turkey, this chapter shows, on the one hand, how the use of blood money serves as an effective tool in the hands of powerful people to consolidate power relations, particularly necropower, as well as the relationship of domination, which rests upon class and identity-based inequalities. The analysis indicates that the blood money offers made by powerful people allows them to minimize potential penalties within penal courts and also to keep their privileged positions in the social hierarchy by purchasing the ‘right to kill’. On the other hand, the resistance of the oppressed and aggrieved people to the subjugation of life to the power of death is analysed with a particular focus on the role of power asymmetries between perpetrators and victims and their unequal positions in the social hierarchy. This conflictual relationship, which we qualify as an expression of necrodomination, offers novel insights into Turkey’s historically shaped system of domination.

Part I General Aspects, 2 The IPO Process, IPO Disclosure, and the Prospectus Regulation

2020 ◽  
Author(s):  
Teerink Han
Keyword(s):  
Initial Public Offering ◽  
The Other ◽  
Business Information ◽  
Other Hand ◽  
The One ◽  
General Aspects ◽  
Public Offering ◽  
The Right ◽  
Insight Into

This chapter offers insight into a typical initial public offering (IPO) process, highlighting key practical and legal considerations around disclosure, through the IPO prospectus and otherwise. The prospectus plays a key role in the preparations for, and execution of, an IPO. As an IPO prospectus typically constitutes a company's first public dissemination of financial and business information, the company and other parties involved in the IPO process must carefully consider the right balance between, on the one hand, drafting the IPO prospectus as a marketing document introducing the company and its business to potential investors, whilst, on the other hand, being able to use the prospectus as a disclosure document that protects the company against liability arising from claims from investors or others after the IPO. Here, the chapter summarizes the different phases in an IPO process and the most important documents and parties involved, focusing on the central role of the IPO prospectus. In addition, a number of changes resulting from the enactment of the Prospectus Regulation are likely to be of particular relevance to IPO processes. The expected impact of these changes is therefore also discussed.

scholarly journals Evaluation of the quality of life of clients with chronic ischemic pain

2011 ◽  
Vol 19 (1) ◽  
pp. 67-72 ◽  
Author(s):  
Débora Fernanda Amaral Pedrosa ◽  
Andressa Karina Amaral Plá Pelegrin ◽  
Hilze Benigno de Oliveira Moura Siqueira ◽  
Talita de Cássia Raminelli da Silva ◽  
Orlando Carlos Gomes Colhado ◽  
...  
Keyword(s):  
Quality Of Life ◽  
World Health ◽  
Physical Domain ◽  
Ischemic Pain ◽  
World Health Organization Quality ◽  
The Social ◽  
Organization Quality ◽  
The One ◽  
Health Organization

The evaluation of quality of life (QOL) faced with chronic ischemic pain involves the clients in their subjectivity and multidimensionality. This descriptive study aimed to evaluate the quality of life of clients who presented chronic ischemic pain. A total of 100 clients of hospital institutes participated in the study. The instrument used to assess pain was an 11 point numerical scale, and to assess the quality of life, the World Health Organization Quality of Life-abbreviated questionnaire. The arithmetic mean for chronic pain was 5.59±3.16 points. The means for quality of life were: in the physical domain, 44.75±16.98; in the overall domain, 50.0±22.40; in the environment, 55.06±13.51, in the psychological, 56.21±17.19 and in the social domain, 68.33±21.84. Thus, the physical domain was, among the areas analyzed, the one which presented a greater impact on the quality of life of the clients with chronic ischemic pain.

Social Quality in a Transitive Society

2019 ◽  
Vol 9 (1) ◽  
pp. 32-50 ◽  
Author(s):  
Valeriy Heyets
Keyword(s):  
Welfare State ◽  
Eastern Europe ◽  
Central And Eastern Europe ◽  
The Other ◽  
Social Quality ◽  
The Social ◽  
The One ◽  
Quality Approach ◽  
The Welfare State

Nearly 30 years of transformation of the sociopolitical and legal, socioeconomical and financial, sociocultural and welfare, and socioenvironmental dimensions in both Central and Eastern Europe, including Ukraine, has led to a change of the social quality of daily circumstances. On the one hand, the interconnection and reciprocity of these four relevant dimensions of societal life is the underlying cause of such changes, and on the other, the state as main actor of the sociopolitical and legal dimension is the initiator of those changes. Applying the social quality approach, I will reflect in this article on the consequences of these changes, especially in Ukraine. In comparison, the dominant Western interpretation of the “welfare state” will also be discussed.

Die bayerische Landtagswahl vom 14. Oktober 2018: Signal für nachhaltigen Wandel auch im Bund?

2019 ◽  
Vol 50 (2) ◽  
pp. 223-244 ◽  
Author(s):  
Rainer-Olaf Schultze
Keyword(s):  
Party System ◽  
State Legislature ◽  
Green Party ◽  
The Social ◽  
Total Vote ◽  
High Volatility ◽  
Democratic Parties ◽  
The One ◽  
The Right ◽  
Near Future

The outcome of the election marks a deep shift not only in Bavarian politics but also corresponds to Germany’s ongoing restructuring of its electorate and the changing configuration of its party system at large: (1) The two catch-all parties suffered dramatic losses of more than ten percentage points; the conservative CSU lost its parliamentary majority in the state legislature, tallying less than 40 percent, the social-democratic SPD even less than ten percent of the total vote . (2) The voting behaviour is characterised by high volatility and processes of polarisation, caused by growing cleavages between town and country, between the generational as well as religious divides and the ongoing occupational differentiation in the electorate . Ideologically, these divides correlate with liberal and cosmopolitan mind-sets and (post-)modern urban lifestyles, the main electoral base of the Green party, on the one hand versus the more conservative and traditional rural electorates on the other . Their influence on the newly formed coalition between the CSU and the “Free Voters” will be more pronounced, while the populist and in part anti-pluralist electorate rallies behind the right-wing AfD . (3) In Baden-Württemberg, Bavaria and Hesse, the Green party has now replaced the SPD as the main electoral contender of the Christian-democratic parties; it remains to be seen whether their electoral fortunes can be extended to the northern and eastern parts of the country in the near future .

Current Legacies of Colonial Violence and Racialization in Tunisia

2020 ◽  
Vol 40 (2) ◽  
pp. 248-255
Author(s):  
Benoît Challand
Keyword(s):  
North Africa ◽  
Social Life ◽  
Labor Union ◽  
Right To Life ◽  
Symbolic Form ◽  
The Social ◽  
Direct Form ◽  
Racialized Violence ◽  
The One ◽  
The Right

Abstract The article argues that the social life of racialization in Tunisia can be traced back to colonial norms and that one cannot speak of racialization in isolation of class differentials, elements that arose historically with the spread of the tandem colonialism-capitalism in North Africa. From a direct form of racialized violence leaving Muslim Tunisians on the low end of the colonial social ladder of worth, salaries, and the right to life, one moved to a more symbolic form of violence, with the south of the country quasi-racialized as less valuable than the urban coastal areas around Tunis and the Sahel in contemporary Tunisia. In a polity that reached independence more than six decades ago, one can witness the perpetuation of a north-south divide that dates back to the colonial times; but a historical reading of racialized brutality can help us recognize a distinct tradition of activism, in particular trade union activism around the Tunisian General Labor Union (UGTT) and protests in the southern part of the country, such as the one that led to the ousting of dictator Ben Ali in 2011. Through a discussion of diachronic forms of racialization, the article suggests that Giorgio Agamben's focus on juridical issues of exception is partly misleading, for many forms of exception arise outside of the realm of emergency.

Deceptive readings: poetry and its value reconsidered

1995 ◽  
Vol 45 (1) ◽  
pp. 30-50 ◽  
Author(s):  
Sitta von Reden
Keyword(s):  
Ancient Greece ◽  
Social Conditions ◽  
Economic Conditions ◽  
Late Archaic ◽  
Intellectual Activity ◽  
Contractual Relationship ◽  
Notable Change ◽  
The Social ◽  
The One

In his analysis of the social and economic conditions of intellectual activity in ancient Greece, Gentili argues that the value of poetry underwent a notable change in the late archaic period. Poetry came to be produced within a contractual relationship between patrons and poets, it became a commercial good available to the one who could pay for it and its value was expressed no longer by honouring the poet but by paying for his product. At the time of Solon and Theognis the producers of poetry had been aristocratic members of the polis giving political advice to their peers and gaining renown by the quality of their advice. Yet Simonides and Pindar wrote under different social conditions. Gentili writes:Fully conscious by now of the dignity and importance of his role, the poet also becomes aware of its [i.e. poetry's] ‘commercial’ value. He puts his own sophia at the disposal of the highest bidder, thereby creating a basis for the tendency to regard wealth and poetic ‘wisdom’ as interchangeable moral equivalents.

Rules, Know-How, and the Future of Moral Cognition

2000 ◽  
Vol 26 ◽  
pp. 291-306 ◽  
Author(s):  
Paul M. Churchland
Keyword(s):  
Social World ◽  
The Other ◽  
Political Activity ◽  
Moral Cognition ◽  
Adequate Account ◽  
Cognitive Mechanisms ◽  
Know How ◽  
The Social ◽  
The One

Professor Clark's splendid essay represents a step forward from which there should be no retreat. Our de facto moral cognition involves a complex and evolving interplay between, on the one hand, the non discursive cognitive mechanisms of the biological brain, and, on the other, the often highly discursive extra-personal “scaffolding” that structures the social world in which our brains are normally situated, a world that has been, to a large extent, created by our own moral and political activity. That interplay extends the reach and elevates the quality of the original nondiscursive cognition, and thus any adequate account of moral cognition must address both of these contributing dimensions. An account that focuses only on brain mechanisms will be missing something vital.

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