scholarly journals The Fraud Rules in the Letter of Credit under Jordanian Legal System

2021 ◽  
Vol 5 (2) ◽  
pp. 218
Author(s):  
Emad Mohammad Al Amaren ◽  
Che Thalbi Bt Md. Ismail ◽  
Mohd Zakhiri bin Md. Nor
Keyword(s):  
Legal System ◽  
Legal Issues ◽  
International Level ◽  
Letter Of Credit ◽  
Legal Provisions ◽  
Banking Service ◽  
Commercial Code ◽  
Domestic Courts ◽  
Bona Fide ◽  
Import And Export

Letter of credit (L/C) has a massive role in expanding international trade operations. It is considered the most secure and stable banking service to finance foreign trade operations such as import and export. As an international contract, potential legal issues arise due to fraud practices. In this case, L/C users have to be aware of different approaches followed by domestic courts while dealing with fraud at the international level. This paper aims to identify the fraud means under the fraud rule governing L/C and its impact on Jordan's practice. By applying a qualitative and doctrinal legal approach, this paper analyses the lack of organization of the uniform customs and practice for the letter of credit (UCP No. 600). It also examines, via interviews with Jordanian judges, the perceptions of the Jordanian courts' policy regarding the fraud rule exception in L/C. The finding reveals that to protect the interests of all parties in a letter of credit transaction, Jordanian courts should extend the scope of fraud to cover sale contracts fraud in cases where bona fide holder is involved and when a confirming bank is absent, or when the credit amount has not been paid yet by the issuing bank. In respect of the bank practices, such special provisions implemented to commercial code must be issued due to the lack of legal provisions of the L/C in Jordan legislation.

scholarly journals International Legal Regulation of Military Outer Space Activities

2012 ◽  
pp. 190-197
Author(s):  
A. I. Antonov
Keyword(s):  
Outer Space ◽  
Legal Regulation ◽  
Legal Issues ◽  
Arms Race ◽  
International Level ◽  
Legal Basis ◽  
Legal Provisions ◽  
Space Activities

The publication is devoted to legal issues and prospects of banning weapons in outer space. The international legal basis currently existing in this field governs only certain aspects of use of outer space for military purposes, and it is obviously not enough to prevent the emergence of weapons in outer space. Attempts on the international level in recent years to put legal provisions in place that would establish barriers to an arms race in outer space so far have not been successful. The time is ripe to implement initiatives contributing to the institutionalization of verification activities on non-weaponization of outer space

Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

2017 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
ARTAN QERKINI
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Practical Implementation ◽  
Relevant Evidence ◽  
Legal Provisions ◽  
The Law ◽  
Legislative Amendments ◽  
The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

LEGAL ISSUES REGARDING IMPOSITION OF E-FORM D AS A BASIS FOR DETERMINATION OF PREFERENTIAL TARIFFS IN ATIGA

2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Aditya Subur Purwana ◽  
Wahyu Hidayat ◽  
Mursal Maulana
Keyword(s):  
Research Method ◽  
Descriptive Analysis ◽  
Legal Issues ◽  
Legal Certainty ◽  
Layer System ◽  
Legal Provisions ◽  
Directorate General ◽  
Domestic Law

Submission of Certificate of Origin (e-Form D) is conducted through a three-layer system named ASW Gateway, LNSW, and CEISA has raised issues related to the period/time of receipt of e-Form D given by customs authorities for the purposes of charging preferential tariffs in the ATIGA scheme. This article aims to analyze the legal certainty in submitting e-Form D to the customs authorities in the importing country, in this case, the Directorate General of Customs and Excise for the purpose of charging preferential tariffs, so that it can be in line with the presentation principle based on the ATIGA OCP and Indonesian domestic legal provisions. The research method used is a normative juridical approach with descriptive analysis and normative qualitative to draw conclusions. Based on the research, it was concluded that with regard to the submission of e-Form D, Customs and Excise Officials must have confidence based on factual evidence to determine whether the principle of submission of e-Form D has been accomplished or refused when an interruption in the ASW Gateway, LNSW or CEISA happened so the Customs Officer and Excise can determine tariffs based on OCP as well as domestic law in force in Indonesia.Keywords: ATIGA, Customs Authority, Directorate General of Customs and Excise, e-Form D, Tariffs Preference.ABSTRAK: Penyerahan SKA e-Form D dilakukan melalui tiga layer system yakni ASW Gateway, LNSW, dan CEISA memunculkan permasalahan terkait dengan jangka waktu/saat diterimanya e-Form D oleh otoritas kepabeanan untuk kepentingan pengenaan tarif preferensi dalam skema ATIGA. Penelitian bertujuan menganalisis kepastian hukum dalam penyerahan e-Form D ke otoritas kepabeanan di negara importir, dalam hal ini Direktorat Jenderal Bea dan Cukai untuk kepentingan pengenaan tarif preferensi, sehingga dapat sejalan dengan prinsip presentasi berdasarkan OCP ATIGA dan ketentuan hukum domestik Indonesia. Metode penelitian dilakukan dengan pendekatan yuridis normatif secara deskriptif analisis dan penarikan kesimpulan secara normatif kualitatif. Berdasarkan penelitian, disimpulkan bahwa berkenaan dengan penyerahan e-Form D, Pejabat Bea dan Cukai harus memiliki keyakinan berdasarkan bukti faktual untuk menentukan apakah prinsip penyerahan e-Form D sudah dipenuhi/tidak ketika terjadi gangguan pada ASW Gateway, LNSW atau CEISA sehingga Pejabat Bea dan Cukai dapat menentukan tarif berdasarkan OCP maupun hukum domestik yang berlaku di Indonesia. Kata Kunci: ATIGA, Direktorat Jenderal Bea dan Cukai, e-Form D, Otoritas Kepabeanan, Tarif Preferensi. 

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.

Creating theSociedad de Responsabilidad Limitada: The Use of Legal Flexibility in Spanish Company Law, 1869–1953

2016 ◽  
Vol 90 (2) ◽  
pp. 227-249 ◽  
Author(s):  
Susana Martínez-Rodríguez
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Company Law ◽  
Legal Form ◽  
Commercial Code ◽  
New Business ◽  
Numerus Clausus

Spain approved the first law ofSociedad de Responsabilidad Limitada(SRL)—a legal form similar to the German GmbH—in 1953. However, the SRL had already been used, albeit without its own legislation, since the 1920s. How was this possible in a country whose legal system was based on civil law? Its 1885 Commercial Code lacked thenumerus claususprinciple for enterprise forms, a feature that gave entrepreneurs unusual freedom in organizing their firms, and in adopting new business forms not defined in the code. It also invites us to rethink the notion of rigidity in civil law.

scholarly journals Perpustakaan Digital, Koleksi Digital dan Undang-Undang Hak Cipta

2020 ◽  
Vol 8 (2) ◽  
pp. 26
Author(s):  
Siti Wahdah
Keyword(s):  
Fair Use ◽  
Legal Issues ◽  
Journal Articles ◽  
Literature Study ◽  
Digital Collections ◽  
Regulatory Issues ◽  
Data Presentation ◽  
Legal Provisions ◽  
Collection Data ◽  
Descriptive Approach

Preliminary. Librarians as digital library managers need to pay attention to issues related to digital collections, including legal and regulatory issues related to intellectual property rights or copyrights related to taking and making digital collections and plagiarism.Method. This research is a qualitative type with a descriptive approach. The data was obtained using a literature study technique by searching the latest journal articles and books.Data analysis. By using four stages, namely data collection, data reduction, data presentation and the last step is drawing conclusions and verification.Results and Discussion. In connection with the copyright, in accordance with the provisions of the library legislation, in carrying out the task of digitizing the collection, there will be no problem and conflict with the legal provisions of copyright as long as the purpose is only for educational and research purposes, and not for commercial purposes.Conclusion. Libraries as information processing institutions can make institutional regulations to address copyright issues related to legal issues such as regulations: Deposit Trade-Secrecy, Copy Left, Doktrin Fair Use.

scholarly journals Limited Liability Companies in the Slovak and European Legal Context

2018 ◽  
Vol 11 (40) ◽  
pp. 256-268
Author(s):  
Lenka Vačoková
Keyword(s):  
Future Development ◽  
Limited Liability ◽  
European Parliament ◽  
Limited Liability Company ◽  
European Area ◽  
Legal Provisions ◽  
Legal Context ◽  
Commercial Code ◽  
Limited Company ◽  
The Future

Abstract This paper analyses provisions of a Limited Liability Company under the Slovak Commercial Code, mainly conditions governing the process of foundation and incorporation of the company and the structure of company bodies. Legal provisions of the Limited Liability Company are primarily compared with Private Limited Company by Shares established according the Companies Act 2006 and secondarily with proposal for a Directive of the European Parliament and of the Council on single-member Private Limited Liability Companies. The result of the research is a comparison of the Slovak and the British legislation and an effort to predict the future development of Private Limited Liability Companies in the European area.

The Interface Between Intellectual Property and Sustainable Development

2021 ◽  
pp. 615-639
Author(s):  
Ahmed Abdel-Latif ◽  
Pedro Roffe
Keyword(s):  
Sustainable Development ◽  
Intellectual Property ◽  
Legal Issues ◽  
International Level ◽  
Green Technologies ◽  
The Sustainable Development ◽  
Development Context ◽  
Development Goals ◽  
Global Agenda

Sustainable development has emerged as a key priority in the global agenda, and the intellectual property (IP) system has come to interact with it more closely. This has resulted in the emergence of a range of policy and legal issues that the IP system is still grappling with in relation to biodiversity, climate change and the diffusion of green technologies, food security, and the implementation of the Sustainable Development Goals (SDGs) more generally. In this regard, this chapter aims to provide an overview of how the interface between IP and sustainable development has evolved particularly at the international level. It examines how IP has been dealt with in key sustainable development fora and how sustainable development has been addressed in international IP settings. The chapter also points out some efforts and initiatives seeking to bridge the gap between the realms of sustainable development and IP. In addition, it considers several legal issues at this interface which require further research. The chapter finds that while there have been extensive multilateral discussions on this topic, they have not, in general, resulted in changes to existing international IP rules to accommodate sustainable development concerns. The United Nations 2030 Agenda for Sustainable Development can provide a space to advance this discussion through an inclusive dialogue which addresses the role of IPRs in sustainable development both in terms of promoting innovation and providing access to the fruits of such innovation. Such a dialogue which brings together a diversity of views and stakeholders could help foster a broader approach to IP in the sustainable development context.

Legal Issues Associated with Emerging Social Interaction Technologies

2010 ◽  
pp. 351-362 ◽  
Author(s):  
Robert D. Sprague
Keyword(s):  
Social Interaction ◽  
Social Networking ◽  
Legal System ◽  
Social Networking Sites ◽  
Service Providers ◽  
Legal Issues ◽  
Web Pages ◽  
Federal Law ◽  
Online Service Providers ◽  
The U.S

This chapter focuses on legal issues that may arise from the increasing use of social interaction technologies; prospective employers searching the Internet to discover information from candidates’ blogs, personal web pages, or social networking profiles; employees being fired because of blog comments; a still-evolving federal law granting online service providers sweeping immunity from liability for userpublished content; and attempts to apply the federal computer crime law to conduct on social networking sites. The U.S. legal system has been slow to adapt to the rapid proliferation of social interaction technologies. This paradox of rapid technological change and slow legal development can sometimes cause unfairness and uncertainty. Until the U.S. legal system begins to adapt to the growing use of these technologies, there will be no change.

THE BASIS OF A LEGAL SYSTEM IN THE GERMAN COLONIES

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 171-183
Author(s):  
Grzegorz Kuźnik
Keyword(s):  
Detailed Analysis ◽  
Legal System ◽  
Legal Status ◽  
Legal Order ◽  
Legal Issues ◽  
Legal Basis ◽  
German Empire ◽  
The Third ◽  
States Of Emergency ◽  
Fourth Part

The aim of this article is to present the basis of the legal order in force in the Ger¬man Empire colonial areas. The first two parts of the article outline the international conditions for the development of German colonies, and the legal basis of their establishment. The third part discusses the legal status they had in the German legal order. Here the author thoroughly analyses the legal solutions employed for the states of emergency. The fourth part presents the legal issues concerning the loss of colonies. The article includes the analysis of the provisions of the German Empire Constitution of 1871, which were applied when the colonial areas were formed. The paper also discusses other legal acts. Furthermore, the emperor’s orders for declaring the states of emergency were part of the detailed analysis. The paper also explored the attainment of German doctrine, which studied the particular legal issues in depth.

Sign in / Sign up

Export Citation Format

Share Document