scholarly journals PENERAPAN BATAS-BATAS WANPRESTASI DAN PERBUATAN MELAWAN HUKUM DALAM PERJANJIAN

2016 ◽  
Vol 3 (2) ◽  
pp. 280
Author(s):  
Sedyo Prayogo
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Legal Issues ◽  
Clear Distinction ◽  
Court Decisions ◽  
Contractual Relationship ◽  
The Law ◽  
Relationship Of ◽  
The Relationship ◽  
Legal Consequences

The Act of the Civil Law makes a clear distinction between the engagement that is born of the agreement and engagement that is born of the legislation. The legal consequences are born of an engagement agreement is desired by the parties, because memng agreement based on the agreement that a rapprochement between the parties will make arrangements. While the legal consequences of an engagement that is born of a statute may not be desired by the parties, but the relationship of law and the legal consequences prescribed by law. Legal issues that arise in case there is a contractual relationship between the parties and the event of default can filed a lawsuit against the law. Based on the identification and analysis, the authors conclude that the draft Civil Code distinguishes between tort lawsuit is based on the contractual relationship between the Plaintiff and the Defendant and tort claims where there is no contractual relationship between the Plaintiff and the Defendant. Developments in the practice of court decisions indicate that a shift in the theory because of the contractual relationship between the Plaintiff and Defendant did not preclude the filing of a lawsuit against the law.

scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

scholarly journals Hubungan Hukum Dokter dan Pasien Serta Tanggung Jawab Dokter Dalam Penyelenggaraan Pelayanan Kesehatan

2018 ◽  
Vol 6 (1) ◽  
pp. 163-182
Author(s):  
Yussy A. Mannas
Keyword(s):  
Therapeutic Relationship ◽  
Criminal Law ◽  
Civil Law ◽  
Civil Code ◽  
Legal Relationship ◽  
Medical Disputes ◽  
Legal Effect ◽  
Two Factors ◽  
The Relationship ◽  
Legal Consequences

Abstract:The emergence rights and obligations as a result of legal relationship between doctors and patients could potentially trigger a dispute between doctors and patients or medical disputes. In an effort to avoid or reduce medical disputes, it is necessary to understand the construction of the legal relationship between doctor and patient. From this legal relationship which will result legal actions and gave rise to legal consequences. In a legal effect, it can’t be separated is about who is responsible, as far as what responsibility can be given. It describes that relationship and the patient's physician if constructed, it can be divided based on two factors; transaction of therapeutic and act. In relation patient - physician based therapeutic, known as therapeutic relationship or transaction therapeutic, there is a binding between patients and physicians in the treatment of the disease or treatment. Engagements happens is inspanningsverbintennis and not resultaatsverbintennis, and must comply with the provisions of Article 1320 of the Civil Code. The relationship between doctor and patient is based on the Act - legislation occurred under Article 1354 of the Civil Code, which formulates zaakwaarneming. Legal relationship that occurs by two things above give rise to legal liability for doctors, the responsibility in the field of disciplinary law, criminal law, civil law and administrative law.Keywords: Doctor, Patient and Legal Relationship.Abstrak:Munculnya hak dan kewajiban sebagai akibat hubungan hukum antara dokter dan pasien berpotensi memicu terjadinya sengketa antara dokter dengan pasien atau sengketa medik. Dalam upaya menghindari atau mengurangi sengketa medik yang terjadi, maka perlu dipahami mengenai konstruksi hubungan hukum antara dokter dengan pasien. Dari hubungan hukum inilah yang akan melahirkan perbuatan hukum dan menimbulkan adanya akibat hukum. Dalam suatu akibat hukum, hal yang tidak dapat dipisahkan adalah mengenai siapa yang bertanggung jawab, sejauh apa tanggung jawab dapat diberikan. Dalam tulisan ini diuraikan bahwa hubungan dokter dan pasien ini jika dikonstruksikan maka dapat dibagi berdasarkan dua hal, yaitu transaksi terapeutik dan undang-undang. Pada hubungan pasien- dokter berdasarkan terapeutik, dikenal hubungan terapeutik atau transaksi terapeutik, yaitu terjadi suatu ikatan antara pasien dan dokter dalam hal pengobatan atau perawatan penyakitnya. Perikatan yang terjadi ialah inspanningsverbintennis dan bukan resultaatsverbintennis, dan harus memenuhi ketentuan Pasal 1320 KUHPerdata. Hubungan dokter dan pasien berdasarkan undang–undang terjadi berdasarkan Pasal 1354 KUHPerdata yang merumuskan tentang zaakwaarneming. Hubungan hukum yang terjadi oleh dua hal diatas menimbulkan tanggung jawab hukum bagi dokter, yaitu tanggung jawab dalam bidang hukum, hukum pidana, hukum perdata dan hukum administrasi.Kata Kunci: Dokter, Pasien dan Hubungan Hukum. 

Economic Activity of Non-Commercial Organizations and Its Civil-Law Ensuring

2016 ◽  
Vol 4 (1) ◽  
pp. 0-0
Author(s):  
Татьяна Сойфер ◽  
Tatyana Soyfyer
Keyword(s):  
Market Economy ◽  
Economic Activity ◽  
Civil Law ◽  
Civil Code ◽  
Non Profit ◽  
Fundamental Possibility ◽  
Commercial Organizations ◽  
Relationship Of ◽  
The Relationship ◽  
Methods Of Operation

The article is considered some aspects of economic activity of non-commercial organizations. The author notes that updated norms of the Russian Civil code not fully take into account economic principles of operation non-commercial organizations in conditions of market economy. That is why the desired effects from their work in Russia are not received. Particular attention is paid to the analysis of the relationship of legal categories “income-generating activity of non-commercial organizations” and “entrepreneurship activity of non-commercial organizations”. Author came to a conclusion that this categories have various economic essences. The income-generating activity for the non-profit organizations may have different characters, including as the main. Consequently the author indicates the need for a differentiated approach in determining the fundamental possibility and valid frames of implementation the income-generating activity for the non-commercial organizations. The article proposes to distinguish groups of non-profit legal entities and give them any special opportunities in the implementation of income-generating activity. These opportunities depend on the purposes of the organizations and the chosen methods of operation.

scholarly journals A versenytilalmi megállapodás

2015 ◽  
Vol 12 (3-4) ◽  
pp. 20-28
Author(s):  
Alex Ember
Keyword(s):  
Geographical Area ◽  
Civil Law ◽  
Labor Law ◽  
Civil Code ◽  
Employment Relationship ◽  
Financial Compensation ◽  
Time Period ◽  
The Law ◽  
Employee Needs ◽  
The Relationship

The “agreement on non-competition” is essentially the extension of the protection of the basic economic interest of the employer. While during the employment relationship several labor law provisions protect the interest of both parties, the “agreement on non-competition” is designed to protect the employer’s interests after the termination of the relationship. This means – in return for financial compensation – the former employee needs to refrain from any kind of business competition against his/her former employer. This necessarily involves financial compensation and may have several restrictions, such business or geographical area or time.   The previous Labor Code did not specify for detailed regulation of the issue and the law remained rather vague. It merely referred to the fact that parties – based on their own free will – may enter into such agreement. However the new Labor Code contains explicit regulations under title XVIII of the Act as “Particular Agreements Related to Employment”.   The “agreement on non-competition” belongs to the field of employment law. Unlike the previous Labor Code that categorized this possible agreement as of purely civil law in nature, the new Labor Code declares it to belong under the scope of the Labor Code. The previous regulation even ordered the provisions of the Civil Code to be applied to such agreements however the new legislation brought a conceptual change.   The currently effective regulation provides for a 2-year limitation on such conduct on the employee’s part that would create competition with the employer. The exact amount of the consideration payable for this obligation remains to be decided by the parties however the Labor Code suggests that it shall be based on how difficult the applied restrictions make it for the employee to find another job with his qualifications and experience. As a basic limit the law provides that the amount shall not be less than one-third of the base wage payable for the same period of time.   The “agreement on non-competition” is not to be confused with similar legal institutions. The paper points out two close similarities in the legal system. One being the employee’s obligation of confidentiality; this prevails after termination of the employment relationship as well without any time or similar restrictions and even without any financial compensation. The other one is the so called “non-compete” agreement from the field of competition law. This is applicable after takeovers where the seller shall refrain from engaging into business in the same area as the buyer.   In the field of labor law the time period for the “agreement on non-competition” is up to the agreement of the parties however the new law invokes an upper limit of two years that is following the termination of the employment relationship. This is a decrease from the previous regulation that provided for a period of three years. The agreement can be modified by the consent of both parties just like the employment contract or civil law agreements.   In case of violation of the agreement three cases are to be analyzed. The first is the case of the employee breaching the provisions of the contract. In this case the employee is liable for damages towards his/her former employer. The provisions of the new Civil Code and those of the Labor Code are to be applied to the damages. In the second case the employer may request an injunction to prohibit the employee from any conduct breaching the agreement while the third case involves the breach of the agreement on the employee’s part for which the rules of the Civil Code and the Labor Code are to be applied as well.

scholarly journals Time of Opening of Inheritance According to the Legislation of Ukraine

2020 ◽  
pp. 89-96
Author(s):  
Denys FEDOSEIEV
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Inheritance Law ◽  
Legal Personality ◽  
Legal Literature ◽  
Relevant Field ◽  
The Relationship ◽  
Legal Consequences

The article explores time of opening of inheritance under the legislation of Ukraine. The legislation of the category “opening of inheritance” enshrined in the Civil Code of Ukraine is established. The definitions of the concept of «opening of inheritance» available in the legal literature are analyzed and the most substantiated and that corresponds to the legal reality among all analyzed definitions of the category «opening of inheritance» is established. Emphasis is placed on the fact that a significant number of definitions of the concept of «opening of inheritance» is identified with the onset of certain legal facts, and not always taken into account all the necessary circumstances. It is emphasized that for the opening of the inheritance it is also important to have a rule of civil law, which regulates the issue and civil legal personality of the participants in the inheritance. It is noted that the time of heritage opening is an integral part of the concept of «opening of inheritance». The normative and scientific definitions of the concept of «time of heritage opening» are clarified. The analysis is carried out and it is emphasized that some statements are incorrect in the context of understanding the time of heritage opening, in particular, regarding the identification of understandings of the concepts «time of heritage opening», «opening of inheritance», «death of the testator». The own approach to understanding of a category «time of heritage opening» is offered. Circumstances that are directly related to the time of the opening of the inheritance and for which the time of the opening of the inheritance has legal consequences have been established. Attention is drawn to the fact that the time of the opening of the inheritance is in direct interdependence and interaction with such categories of civil law as «term», «term», and «moment». The relationship between the concepts of «term», «term», and «moment» is analyzed. It is proved that with the time of the opening of the inheritance, the terms that have a direct significance for the inheritance process begin. The list of terms in the inheritance law which begin from the date of death of the person (testator) or the announcement of its deceased is defined. The legal significance of the opening of inheritance and the time of heritage opening for inheritance law and inheritance, as well as the need for further research in the relevant field are substantiated.

scholarly journals ESSENSI GANTI RUGI IMMATERIEL DALAM PERBUATAN MELANGGAR HUKUM MENURUT PUTUSAN HAKIM PERDATA INONESIA

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Markus Suryoutomo
Keyword(s):  
Social Movements ◽  
Public Interest ◽  
Civil Code ◽  
Judicial Discretion ◽  
Court Decisions ◽  
National Legislation ◽  
The Public ◽  
The Law ◽  
Legal Consequences

<p>Legal findings by judges in interpreting the meaning of the text of the Act can function to realize and provide protection for the community of justice seekers, National legislation and its conclusions in the form of court decisions are reported to be open to various studies and deconstructive criticism that carried out through various social movements that care about the law, so that national law can function as one of the forces to mobilize the lives of new Indonesian people who are able to act responsively for the public interest. From this definition the obligation of the Judge to uphold justice comes from its authority, namely the Judicial Discretion policy. In the event that the judge grants Maternity compensation to the Law Breaking Lawsuits, insofar as it has fulfilled the Elements of Article 1365 of the Civil Code, which brings the legal consequences the judge can grant Immaterial compensation based on found</p>

Psychiatry and the law

Psychiatry ◽  
2019 ◽  
Author(s):  
Rebecca McKnight ◽  
Jonathan Price ◽  
John Geddes
Keyword(s):  
Mental Health ◽  
Mental Disorders ◽  
Ethical Decision Making ◽  
Civil Law ◽  
Legal Issues ◽  
Mental Health Legislation ◽  
The Law ◽  
Legal Frameworks ◽  
Health Legislation ◽  
The Relationship

In most of medicine, legal situations are rarely encoun­tered, typically related to complaints or complex eth­ical issues. Unusually, psychiatry is closely connected with the law, with most psychiatrists dealing with legal issues on a daily basis. There are three main areas of law which are relevant to psychiatry: … 1 Civil law relating to the involuntary admission and treatment of patients with mental disorders (in the UK, this is outlined in the Mental Health Act (MHA) 2007). 2 Civil law concerning issues of consent, capacity, and deprivation of liberty (Mental Capacity Act 2005 including Deprivation of Liberty Safeguarding (DoLS)). 3 Criminal law as it relates to individuals with mental disorders. … There are various reasons why knowledge of mental health legislation is helpful to all clinicians: … ● Laws and official guidelines provide backing to some aspects of ethical decision- making within medicine. ● The law regulates the circumstances under which treatment can be given without patients’ consent. All doctors may encounter situations in which patients refuse essential treatment, and may have to decide whether to invoke powers of compulsory admission and/ or best interest treatments. ● Doctors may be asked for reports used in legal decisions, such as the capacity to make a will or claims for compensation for injury. They may be asked for reports that set out the relationship between any psychiatric disorder and criminal behaviour. ● A minority of patients behave in ways that break the law. Doctors need to understand legal issues as part of their management of care. ● Victims of crime may suffer immediate and long-term psychological or physical consequences. … This chapter will describe the main principles of mental health legislation with particular reference to UK law. While some of the detail discussed (e.g. par­ticular definitions or legislative act numbers) may not be relevant to international readers, legal frameworks across the globe are broadly similar. Information of mental health legislation in most countries is now easily available online. The latter part of the chapter will provide an overview of the relationship between mental disorders and crime.

scholarly journals «INDEMNIFICATION FOR DAMAGE»: A REASONABLE NECESSITY OR A MISTAKE OF THE LEGISLATOR?

2020 ◽  
pp. 84-91
Author(s):  
Асхат Назаргалиевич Кузбагаров ◽  
Наталия Александровна Малышева
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
The Russian Federation ◽  
Points Of View ◽  
Relationship Of ◽  
The Relationship

В статье рассматривается проблема целесообразности употребления законодателем понятия «компенсация ущерба». Автор указывает, что существующая дискуссия о соотношении понятий в гражданском праве усугубилась с принятием ст. 16.1 ГК РФ. Обозначены точки зрения разных авторов и предложена авторская позиция восприятия терминологии. The article deals with the problem of expediency of using the concept of «demades for harm» by the legislator. The author points out that the existing discussion about the relationship of concepts in civil law has worsened with the adoption of article 16.1 of the Civil Code of the Russian Federation. The article identifies the points of view of different authors and offers the author's position of perception of terminology.

Corporate Social Responsibility and Government: The Role of Discretion for Engagement with Public Policy

2021 ◽  
pp. 1-29
Author(s):  
Jette Steen Knudsen ◽  
Jeremy Moon
Keyword(s):  
Public Policy ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Integrated Framework ◽  
The Law ◽  
Corporate Social ◽  
Relationship Of ◽  
The Relationship

We investigate the relationship of corporate social responsibility (CSR) (often assumed to reflect corporate voluntarism) and government (often assumed to reflect coercion). We distinguish two broad perspectives on the CSR and government relationship: the dichotomous (i.e., government and CSR are / should be independent of one another) and the related (i.e., government and CSR are / should be interconnected). Using typologies of CSR public policy and of CSR and the law, we present an integrated framework for corporate discretion for engagement with public policy for CSR. We make four related contributions. First, we explain the dichotomous and the related perspectives with reference to their various assumptions and analyses. Second, we demonstrate that public policy for CSR and corporate discretion coexist and interact. Specifically, we show, third, that public policy for CSR can inform and stimulate corporate discretion and, fourth, that corporations have discretion for CSR, particularly as to how corporations engage with such policy.

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