scholarly journals What Role for the Law in Regulating Older People’s Property and Financial Arrangements with Adult Children? The Case of Family Accommodation Arrangements

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Teresa Somes ◽  
Eileen Webb
Keyword(s):  
Older People ◽  
Adult Children ◽  
Family Members ◽  
Legal Protection ◽  
Older Person ◽  
Family Accommodation ◽  
Legal Position ◽  
The Law ◽  
Financial Arrangements

To some older people, the prospect of moving in with family to be ‘cared for’ as they age has considerable appeal. For example, an older person may choose to sell his or her home, invest the money in a child’s property through the construction of a ‘granny-flat’ or extension and live in that property. If such arrangements are successful, the older person is likely to enjoy the companionship and support of family as he or she grows older. Unfortunately, the legal position of the older person if ‘something goes wrong’ is precarious. In the absence of a legislation addressing family accommodation or ‘assets for care’ arrangements written agreement, the older person must navigate the vagaries of several complex areas of law, particularly constructive trusts and estoppel, and endure the stress of proceeding against family members. This article discusses the shortcomings in the existing legal regimen and makes recommendations to provide legal protection for older people entering into such arrangements.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PERUSAHAAN FACTOR DALAM PENAGIHAN PIUTANG DAGANG PADA TRANSAKSI ANJAK PIUTANG (FACTORING)

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
I Dewa Ayu Dwi Mayasari
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Research Literature ◽  
Legal Interpretation ◽  
Legal Research ◽  
Accounts Receivable ◽  
Analysis Techniques ◽  
Legal Position ◽  
The Law

Research in connection with jurnal writing thesis takes the theme the protection of the law against companies factor in billing accounts receivable factoring transactions. Problems studied involves two things; the first what factors the company’s legal position as a buyer on receivables in factoring and financing institution both what form of legal protection that can be given to companies factor of a possible failure of the trade receivables collection. This includes research conducted legal research categories, namely normative legal research literature or legal research based on secondary data. The approach used is the approach ot the laws and facts approach. Next to for further analysis techniques use the description legal interpretation techniques based argumentative theory, principles, and concepts relevan laws. The results showed that the company,s legal position as a purchaser of  factoring receivables is very weak and vulnerable than risk the possibility of failure of collection of accounts receivable due to non fulfillment of the achievements by the customer. In this context there is no guarantee of  legal protection for the company for the payment or refund factor its receivables in full. The next from legal protection that can be given to the factor as a buyer of receivables is; a) apply the type of recourse factoring in the factoring agreement with the burden of responsibility is on the client in case of failure of collection of accounts receivable, b) implement a system of personal/corporate guarantees, and c) apply the prudential banking principles

Long-distance Filial Piety: Chinese Families in Australasia Caring for Elderly Parents across Borders (長距離的孝道：紐西蘭與澳洲華人家庭的跨國父母照顧)

2017 ◽  
Vol 11 (2) ◽  
pp. 278-311 ◽  
Author(s):  
Elsie Seckyee Ho (何式怡) ◽  
Lan-hung Nora Chiang (姜蘭虹)
Keyword(s):  
New Zealand ◽  
Older People ◽  
Adult Children ◽  
Filial Piety ◽  
Human Mobility ◽  
Family Members ◽  
Transnational Migration ◽  
Long Distance ◽  
Chinese Families ◽  
Care Giving

In this age of transnational migration, family structures and relationships are transformed as a result of family members living in two or more countries. Over the past three decades, the international migration of Chinese from East Asia to Australia and New Zealand is an example of the global phenomenon of transnationalism, where families employ bi- or multi-local strategies to meet the needs of family members at different stages of their life cycle. Despite this growing trend towards transnationalism, the care of older people in transnational settings has received little attention in studies on migration, transnationalism and care. Older members are in need of help and care when their children and other younger relatives change residence to other countries. In the case of older people who have followed their adult children to live in another country, the need for help and care can arise or increase when the health of the older migrants deteriorates, often making it necessary for other overseas family members to go between countries for the care of their elderly relatives.This paper is based on 80 in-depth interviews with Chinese families in Australia and New Zealand where adult children are providing care to their aged parents living in Taiwan, the People’s Republic of China and Hong Kongsar. The study explores the transnational care-givers’ attitudes towards filial piety, and how filial responsibilities are performed through transnational care-giving. The findings offer insight into the ageing experience of elderly Chinese people in transnational contexts, and stimulates new thinking on broader issues of global human mobility and transnational aged care amongst contemporary Chinese families.隨著全球化與跨國移民的興起，家庭結構與家庭關係因家庭成員分散在不同國家而改變，東亞華人因為移民紐西蘭與澳洲而影響家庭結構並改變家庭關係就是一個例子。過去三十年東亞華人移民到紐西蘭及澳洲的數量大幅增加，家庭成員運用雙方或多方的在地策略，來滿足他們在不同生命階段中的需求；雖然跨國主義普遍發生於各國，但相關長者照顧的研究並未受到重視。當年輕子女離家後，年長父母隨著健康的惡化，生活協助與健康照顧的需求跟著產生，有些父母會隨著子女移往移民國，有些則留在當地由其他親友或移民子女來回奔波照顧。本研究透過深入訪談八十位居住澳洲與紐西蘭的台灣、香港及大陸移民，了解他們如何照顧居住在母國的年長父母。研究探索了跨國照顧者對孝道的看法，以及如何透過跨國照顧來盡孝道。研究結果從跨國移民脈絡中爬梳華人長者的老化經驗，擴展當代全球華人移動議題的討論視野並為跨國長者照顧議題注入新的看法。 (This article is in English).

scholarly journals Perlindungan Hukum Terhadap Pemegang Saham Minoritas Pada Perseroan Terbatas Yang Melakukan Merger

2020 ◽  
Vol 2 (1) ◽  
pp. 59-62
Author(s):  
I Kadek Sridana ◽  
I Nyoman Putu Budiartha ◽  
I Putu Gede Seputra
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Minority Shareholders ◽  
Legal Position ◽  
The Law ◽  
A Company

Abstract-Mergers can be said as a strategy or one way to increase a company, therefore there is a need for legal protection for minority shareholders if they do not agree with the merger but the merger is still implemented, and the shareholders are forced to accept the merger. The formulation of the problem in this case is (1) what is the position of the minority shareholders for the limited liability company that merges? (2) What is the legal protection of minority shareholders in a limited liability company that merges? This research method uses a normative research method by approaching the problem in the form of a draft law that relates to the problem under study. The sources of legal material to be used are sourced from research, the literature in the form of primary legal material and secondary legal material. The result of this study are the legal position of the minority shareholders of the company (PT) that carried out the merger has been regulated in Law number 40 of 2007 concerning Limited Liability Companies and in Government Regulation Number 27 of 1998 concerning merger, consolidation and takeover of the interests of minority shareholders. In general, the law of limited liability companies is a guideline in the framework of protecting minority shareholders. Protection of minority shares is one of the important things, especially when the company conducts legal actions such as mergers, both preventive legal protection and repressive legal protection. Keywords: Legal protection, shareholders, mergers Abstrak- Merger dapat dikatakan sebagai strategi atau salah satu cara untuk meningkatkan suatu perusahaan oleh karena itu perlu adanya perlindungan hukum terhadap pemegang saham minoritas apabila mereka tidak setuju dengan merger namun merger tetap dilaksanakan, dan pemegang saham tersebut dipaksakan untuk menerima merger tersebut. Adapun rumusan masalah dalam hal ini (1) Bagaimanakah kedudukan pemegang saham minoritas bagi perseroan terbatas yang melakukan merger? (2) Bagaimanakah perlindungan hukum terhadap pemegang saham minoritas pada perseroan terbatas yang melakukan merger? Metode penelitian ini menggunakan metode penelitian normatif dengan melakukan pendekatan masalah berupa pedekatan perundang-undangan yang berkaitan dengan masalah yang dikaji. Adapun sumber bahan hukum yang akan digunakan yakni bersumber dari penelitian, kepustakaan berupa bahan hukum primer dan bahan hukum sekunder. Adapun hasil dari penelitian ini adalah kedudukan hukum pemegang saham minoritas terhadap perusahaan (PT) yang melakukan merger, sudah diatur dalam Undang-undang nomor 40 tahun 2007 tentang Perseroan terbatas serta dalam Peraturan pemerintah Nomor 27 Tahun 1998 tentang penggabungan, peleburan, dan pengambilalihan tentang kepentingan pemegang saham minoritas. Secara umum hukum perseroan terbatas menjadi pedoman dalam rangka perlindungan pemegang saham minoritas. Perlindungan terhadap saham minoritas merupakan salah satu hal yang penting terutama saat persroan melakukan perbuatan hukum seperti merger baik perlindungan hukum secara preventif maupun perlindungan hukum secara represif. Kata kunci: Perlindungan hukum, Pemegang saham, Merger

Partnership between healthcare professionals and family members in caring for older people during hospitalization: a literature review

2020 ◽  
Vol 24 (2) ◽  
pp. 137-142
Author(s):  
Watchara Tabootwong ◽  
Frank Kiwanuka
Keyword(s):  
Health Care ◽  
Literature Review ◽  
Older People ◽  
Health Care Professionals ◽  
Healthcare Professionals ◽  
Family Members ◽  
Family Satisfaction ◽  
Older Person ◽  
Content Type ◽  
The Family

Purpose Partnership is both a goal and an approach to family-centered care (FCC). Family members play an important role alongside the health-care team when an older family member is admitted to the hospital. Family involvement in care for an older person forms a partnership approach where health professionals and the family engage collaboratively in care. This enhances the quality of care and family satisfaction with care. The purpose of this paper is to highlight the potential areas of partnerships of family members with health-care professionals while caring for older people based on the perspective of FCC. Design/methodology/approach A literature review was carried out. Findings The findings of this study focus on how healthcare professionals can listen to, respect the perspectives of family members, and share useful information with the family while caring for an older person. Family participation in providing care and collaboration between healthcare professionals and families is a seminal goal strategy in caring for older people during hospitalization. It is helpful to family members as a way of training and preparing them to assist their loved one after hospital discharge. Furthermore, it can establish a good relationship between healthcare professionals and families. Originality/value Partnership between health-care professionals and families helps and supports the older people and the family in managing the health condition the following discharge from the hospital.

The Emergence of Family Agreements in an Ageing World

2019 ◽  
pp. 275-289
Author(s):  
Pip Coore
Keyword(s):  
Older People ◽  
Adult Children ◽  
Adult Child ◽  
Population Ageing ◽  
Ageing Population ◽  
Older Parents ◽  
The Law

In response to the ageing population, the need for adult children to care for their older parents is increasing. As reliance on adult children to provide care increases, family agreements are increasingly being entered into. Family agreements are, in essence, arrangements whereby an older parent transfers property to their adult child in exchange for a promise of ‘care for life’. This chapter identifies ways in which the law has responded to population ageing and outlines areas that require further attention. In particular, this chapter explores the emergence of family agreements to better understand whether (if at all) they adequately protect older people and their caregiving adult children from harmful outcomes.

scholarly journals Pozycja ustrojowa notariusza na gruncie pierwszego polskiego Prawa o notariacie z dnia 27 października 1933 r. Część druga

2021 ◽  
Vol 30 (4) ◽  
pp. 573
Author(s):  
Tomasz Woś
Keyword(s):  
Legal Protection ◽  
The State ◽  
Wide Range ◽  
Close Relationship ◽  
Professional Self ◽  
Legal Position ◽  
The Law ◽  
Special Rules ◽  
Polish Law ◽  
Dualistic Approach

<p>The article addresses the notary’s systemic position under the first Polish Law on Notaries of 27 October 1933. The analysis of the position of the notary carried out in part one of this article pointed to serious difficulties in the precise defining of this position, both among the scholars in the field and the judicature. To precisely define the systemic position of the notary, part two has provided an analysis of the provisions of the Law on Notaries regarding the professional self-government of notaries, supervision over notaries and their activities, disciplinary liability and compensatory liability of the notary, and the rules of preparation for the profession of notary. The analysis of the Law on Notaries of 1933 presented in the first and second part of this article, leads to the conclusion that the notary’s position included in its legal position a combination of features of a public officer and a liberal profession. The legislature, using in Article 1 the term “public functionary”, and not “state official”, and giving notaries in Article 23 of the Law on Notaries the legal protection enjoyed by state officials, wanted to clearly emphasize the existing differences between them while at the same time underlining their close relationship to the state. The adoption of such a definition made it possible to grant notaries a wide range of powers. At the same time, it provided the basis to establish a professional self-government and entrust its bodies with significant powers in the area of disciplinary jurisdiction. The dualistic approach to the position of the notary was also reflected in the separate rules of training for the profession and in the special rules of notary’s liability for damages. The state, by entrusting notaries with activities related to non-contentious judiciary, secured for itself an exclusive influence on the staffing of notary positions and covered the system of notaries by a strict supervision exercised by the Minister of Justice. The discussion presented in the article leads to a conclusion that the legislature approached the position of a notary in the Law on Notaries of 1933 in a special way, creating a combination of official and professional elements, which can be called a public function. In terms of the political and administrative system, regardless of the definition itself, the notary in practice performed the function of a person of public trust.</p>

Intimate Deception Outside of Romantic, Sexual, or Marital Relationships

2019 ◽  
pp. 173-196
Author(s):  
Jill Elaine Hasday
Keyword(s):  
Adult Children ◽  
Family Members ◽  
Marital Relationships ◽  
Sexual Partners ◽  
Parental Relationships ◽  
The People ◽  
The Law ◽  
Age Of Majority ◽  
As If

This chapter explores deceit between family members who are not connected to each other as spouses, sexual partners, or romantic interests. The premise that the law should protect intimate deceivers still appears here, but is almost exclusively confined to cases considering parents who have deceived their children—including their adult children. Judges are often unwilling to penalize deceptive parents and quick to blame children for having been duped. When the parties are reversed, however, courts are frequently eager to grant remedies to parents suing deceitful adult children and willing to empower parents to inflict their own penalties on deceptive children below the age of majority. Moreover, when courts move beyond marital and parental relationships to consider deception by other relatives, they routinely presume that the judiciary should treat these family members—deceitful siblings, aunts, uncles, nieces, nephews, and the like—as if they were unrelated to the people they deceived.

scholarly journals PERSAMAAN PERLAKUAN PARA PIHAK DALAM BERACARA DI KPPU DALAM PERSPEKTIF HUKUM ACARA PERADILAN INDONESIA

2016 ◽  
Vol 5 (2) ◽  
pp. 380
Author(s):  
I Made Sari
Keyword(s):  
Legal History ◽  
Legal Status ◽  
Legal Protection ◽  
Equal Treatment ◽  
Judicial Decision ◽  
Procedural Law ◽  
Procedure Code ◽  
Legal Position ◽  
The Law ◽  
The Right

The title of this research is: “The Equal Trearment of Parties in the Proceedings of the Business Competition Dupervisory Commission in the Perspective of Indonesia Procedural Law Courts. The Right to equal treatment also contains in the principle of hearing the opinions or arguments of other parties before the judge handed down the verdict; it must be carried out in the litigation. The unequal position of the parties in the hearing of the Business Competition Supervisory Commission will cause problems in seeking justice. What is the position of decision of the Business Competition Supervisory Commission in terms of the legal system of justice in Indonesia ?; and What is the legal protection against the reported party, when he/she is not getting the right to equality of treatment in the proceedings in the KPPU?. The research was a normative legal research that consisted of research on the systeamtics of law, the synchronization of law, legal history. Which resulted from the confict of law governing the legal status of the KPPU decision; and the void of law in the way of the litingants in the litigation procedure of KPPU. The results of this research showed that (1) The Legal position of Business Competition Supervisory Commission’s decision in the law of court procedure is that the decision of KPPU as a quasi judicial decision of which the law procedure is made on its own that is called Case Handing Procedures at the KPPU; in addition to the Law of Civil Procedure Code. (2) The from of legal protection for businesses as the reported party could be sacrificed because of the absence of clear rules regarding the from of the formulation of legal protection in the proceedings of the on the unequality of treatment of the reported party. Judul penelitian ini adalah: “Persamaan Perlakuan Para Pihak Dalam Beracara Di KPPU Dalam Perspektif Hukum Acara Peradilan Indonesia. Hak atas perlakuan yang sama  mengandung prinsip mendengarkan juga pendapat  atau argumentasi pihak yang lainnya sebelum hakim menjatuhkan putusan, wajib dilaksanakan dalam berpekara. Tidak seimbangnya posisi dari pihak-pihak yang berperkara dalam persidangan KPPU akan menimbulkan masalah dalam mencari keadilan. Bagaimana kedudukan Putusan Komisi Pengawas Persaingan Usaha ditinjau dari sistem hukum acara peradilan di Indonesia?; serta bagaimanakah bentuk perlindungan hukum terhadap terlapor, apabila terlapor tidak mendapatkan hak atas persamaan perlakuan dalam beracara di KPPU?. Jenis penelitian ini adalah penelitian hukum normatif mencakup penelitian terhadap sistematika hukum,  sinkronisasi hukum, sejarah hukum, yang beranjak dari konflik norma yang mengatur mengenai Kedudukan hukum putusan KPPU; dan norma kosong dalam tata cara berperkara di KPPU. Hasil penelitian ini menunjukkan bahwa (1) Kedudukan hukum putusan Komisi Pengawas Persaingan Usaha dalam hukum acara peradilan adalah putusan Komisi Pengawas Persaingan Usaha sebagai putusan quasi judicial dengan hukum acara yang dibuat sendiri yang disebut Tata Cara Penanganan Perkara di KPPU; disamping Kitab Undang - Undang Hukum Acara Perdata. (2) Bentuk  perlindungan hukum bagi pelaku usaha sebagai terlapor masih belum diatur secara tegas sehingga mengandung potensi bahwa pihak terlapor dapat dikorbankan karena ketiadaan aturan yang jelas mengenai bentuk formulasi perlindungan hukum dalam beracara di KPPU atas di korbankannya hak atas persamaan perlakuan dari terlapor.

scholarly journals Kedudukan Hukum Tanah Adat Pelaba Pura Sebagai Tanah Ulayat di Desa Tampaksiring Kabupaten Gianyar

2021 ◽  
Vol 2 (1) ◽  
pp. 133-137
Author(s):  
Ida Bagus Nyoman Trisya Andika ◽  
I Wayan Wesna Astara ◽  
I Putu Gede Seputra
Keyword(s):  
Legal Protection ◽  
Empirical Approach ◽  
The Status ◽  
Legal Position ◽  
Customary Laws ◽  
Inner Strength ◽  
The Law ◽  
Customary Land ◽  
The Temple

Bali as one of the provinces that has a strong custom also has several binding customary laws. The status of ulayat land still lacks legal protection when dealing with development interests. There are still many villagers who do not manage the temple land or in the status of customary land becomes legal before the law. This research was conducted with an empirical approach in Tampaksiring Village, Gianyar Regency, Bali Province. The purpose of this study was to determine how the legal position  of  the  pelaba  pura  land  in  Tampaksiring  Village,  Gianyar  Regency. Customary offense is any act or event which seriously disturbs the inner strength of the community, all actions or events which pollute the inner atmosphere, which oppose the sanctity of society, constitute an offense to the community as a whole. The process of settling the land certification of pelaba pura in Tampaksiring Village, Gianyar Regency is by using the sanction of adat offense. Namely by fencing the land according to the results of the paruman tradition that has been implemented. Finally the land was handed back to the temple voluntarily    

scholarly journals Legal Protection for Children as Victims of Violence

2021 ◽  
Vol 2 (4) ◽  
pp. 515-526
Author(s):  
Evan Ferdiyan Rachmanto
Keyword(s):  
Adult Children ◽  
Child Protection ◽  
Legal Protection ◽  
Human Right ◽  
Violence Against Children ◽  
Positive Law ◽  
The Law ◽  
Victims Of Violence

A child contains human right, including those employing adult, children do not have much to think about and take concrete steps. In Indonesian, laws relating to Positive Law, is The Law No. 23 of 2002 on Child Protection have been amended by Law No. 35 of  2014 on Child Protection, which is very significant in reducing the level of violence against children. Legal protection for Children begins early in the womb birth. In its development there are children are in the environment is full of violence. Various social deviations that occur in the community more and most of the children. So that the perpetrators of violence do not feel deterred and no longer do the crime.

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