scholarly journals Independency of Bank Guarantee in Iran –US Claims Tribunal: Looking for Legal Approach for Minimizing the Risk of Economic Contracts

2018 ◽  
Vol 26 (10) ◽  
pp. 301-308
Author(s):  
Mohammad Sadeghi ◽  
Ali Ahamdi
Keyword(s):  
Positive Impact ◽  
Banking Regulation ◽  
Legal Analysis ◽  
International Arbitration ◽  
Financial Instrument ◽  
Banking Regulations ◽  
Legal Position ◽  
The Right

Bank guarantees are significant instrument in business contracts, especially in minimizing the risk of economic contracts in light of international contracts. Furthermore, the bank guarantee has positive impact on legal reliability International contracts among the parties. In line with that the independency of bank guarantee from contract terms is other advantage that has been led to consider the bank guarantee as an innovative financial instrument to increase the chance of minimizing the risks. The fact is that bank guarantee associated with paying amount of guarantee in cash and gets rid of the legal dispute over the formalities and delays in getting the right when one party of the contract did not fulfill its obligations. This potential capability of bank guarantee is still suffering lack of certainty on independency of bank guarantee in banking regulations. In this regard, the judgment of international arbitration and their procedures are valuable in understanding and analyzing the banking regulation about bank guarantees. The judgments of international arbitration mostly consider as one appropriate source to manifest a proper approach for legal analysis of independency. Thus, this research would review Iran –US Claims Tribunal as one of the significant cases to find out whether the tribunal has been able to eliminate the legal ambiguities and promote the legal position of these tools through such judgments?

scholarly journals A LEGAL ANALYSIS OF “SAVIOUR SIBLINGS” AND “BENEFACTOR CHILDREN” IN SOUTH AFRICA

Obiter ◽  
2014 ◽  
Vol 35 (2) ◽  
Author(s):  
Emma du Plessis ◽  
Avinash Govindjee ◽  
Glynis van der Walt
Keyword(s):  
South Africa ◽  
South African ◽  
Surgical Procedures ◽  
Ethical Issues ◽  
Constitutional Rights ◽  
Legal Analysis ◽  
Bodily Integrity ◽  
Legal Position ◽  
The Right ◽  
Legal And Ethical Issues

This contribution aims to explain how the constitutional rights to bodily integrity and autonomy affect, firstly, the legal position of “saviour siblings” and, secondly, “benefactor children”. The article also considers whether parents, in terms of South African law, have the right to make decisions concerning medical treatment and surgical procedures of this nature, on behalf of their children. A number of legal and ethical issues are considered, with the focus being on the legal implicationsassociated with these categories of children being used to save the life of an ill sibling through the donation of tissue or organs. A set of recommendations are advanced so that the legal position may be better regulated.

IMPROVEMENT OF NATIONALISM REFLECTED IN PANCASILA'S 3rd SILA THROUGH THE ART OF REOG KENDHANG

2019 ◽  
Vol 1 (2) ◽  
pp. 69
Author(s):  
Andreas Andrie DJATMIKO
Keyword(s):  
Character Education ◽  
National Culture ◽  
Community Service ◽  
Positive Impact ◽  
Planned Change ◽  
Mutual Cooperation ◽  
Social Controls ◽  
Younger Generation ◽  
Negative Impacts ◽  
The Right

Community Service is one of the programs that are needed by the community today. This is done as an effort to respond to the needs of the community and is real program and realistic, especially in the fields of education, social, economic and cultural. Community Service Program is a program that is learning, studying and serving that is realized in the form of introduction and appreciation of community development through the clarity of planned change programs and problem solving methods regarding the ability to choose and use the right skills. A big nation is a nation that wants to respect its culture. Indonesia has a diversity of cultures that are characteristic and assets of the Indonesian nation. But most of the younger generation has forgotten a lot of the culture of the nation. The tendency of the younger generation now prefers outside cultures and many younger generations are less able to sort out most of which have negative impacts rather than a positive impact on themselves and others as well as the environment. There is a need for character education so that the younger generation can be relied upon in the future according to the nation's culture, such as being responsible for mutual cooperation, mutual assistance and good manners. Reog Kendhang's art proves that local culture can increase the sense of community nationalism and be able to become social controls so as not to fall into bad lifestyle. The formation of a national culture that can truly reunite all components of the nation's culture, therefore it is necessary to have a deeper introduction to history and cultural heritage in search of the identity of a pluralistic Indonesian society.

SUBROGATION IN INSURANCE CONTRACT

2018 ◽  
Vol 28 (6) ◽  
pp. 1985-1991
Author(s):  
Tatjana Dimov
Keyword(s):  
Insurance Contract ◽  
Insurance Companies ◽  
Property Insurance ◽  
Insured Person ◽  
Legal Position ◽  
Insured Loss ◽  
Injured Party ◽  
The Right ◽  
Insurance Agreement ◽  
Responsible Person

Subrogation is a legal right characteristically reserved by property insurers. Subrogation occurs in property insurance and in some particular cases of liability insurance. The doctrine of subrogation operates to ensure protection of certain specific principles relevant to the property insurance including the principle of indemnification whereby the compensation received is no more and no less than a full indemnity for the insured loss or damage suffered by the insured due to loss occurrence, the principle of non-cumulation in terms of claims under the same insurance contract and the principle which excludes claiming indemnity from the person who is legally responsible for causing the loss, because otherwise the insurance contract may be an unjustified source of profit for the insured as the insured would get double recovery or paid out twice for the same claim.With the payment of the reimbursement from an insurance agreement on the insurer, all rights that the insured has towards the persons responsible for the damage up to the amount of the paid compensation are transferred. With the subrogation, the insurer takes up the legal position of the insured person and exercises his right to subrogation from the rights of the insured (derivative acquisition of the right), so that the insurer exceeds the claims in scope and amount as the insured had towards the perpetrator.Subrogation is the right of the insurer, it is not his obligation. The insurer is not obliged to use this right to transfer the rights to the responsible person.The notion of subrogation is often associated with the concept of insurance regression. But there is a difference between these two terms: recourse is the right of the insurer to claim the amount of compensation that he has paid to the insured (injured parties) from the harmful person, while subrogation is the transfer of the right (the claim for damages to the responsible person) from the insured to the insurer up to the amount of the compensation paid on the basis of an insurance contract. The right to recourse is a consequence of the existence of subrogation, i.e. transfer of the rights of the insured person to the responsible person, and which is reached by the law itself.Тhe subrogation doctrine also operates to ensure that the defendant or the person who is legally responsible for the loss shall not be absolved of liability under the civil law. Namely, the perpetrator should bear the consequences of his liability for the caused damage, and therefore the legislator of the insurer (as one of the contractual parties in insurance contract) has recognized the right what he has paid the injured party (as the contractual party in the insurance contract called the insured) to calm from the perpetrator.Furthermore, subrogation doctrine operates to ensure profit for the insurance companies whereby the reimbursement funds the claims or sum insured are covered from additionally grow; therefore, this doctrine is of great importance to the insurers.

СТИМУЛИРОВАНИЕ ПРАВОПОСЛУШНОГО ПОВЕДЕНИЯ ОСУЖДЕННЫХ В МЕСТАХ ЛИШЕНИЯ СВОБОДЫ В СОВЕТСКОМ И СОВРЕМЕННОМ РОССИЙСКОМ ЗАКОНОДАТЕЛЬСТВЕ

2020 ◽  
Author(s):  
Stanislav Kuzmin ◽  
Irina Polyanskaya
Keyword(s):  
Criminal Punishment ◽  
Personal Time ◽  
Labor Camps ◽  
Archival Documents ◽  
Legal Position ◽  
Executive System ◽  
The Right ◽  
Stimulation Of

Статья подготовлена на основе использования нормативных правовых актов и архивных документов различных исправительно-трудовых лагерей, указанных в сносках, что позволяет судить о территориальных рамках источников. Исследуется генезис становления и развития практики стимулирования правопослушного поведения осужденных посредством норм, не изменяющих их правовое положение в период отбывания уголовного наказания в виде лишения свободы на различных этапах функционирования исправительно-трудовой (уголовно-исполнительной) системы. На основе изученных документов можно сделать вывод, что в основу дифференциации поощрительных норм, распространявшихся на осужденных, положены следующие критерии: 1) поощрения, не изменяющие условия отбывания уголовного наказания в виде лишения свободы; 2) поощрения, изменяющие условия содержания осужденных. Из ранее применявшихся мер поощрений в современном уголовно-исполнительном законодательстве используются следующие: объявление благодарности с занесением в личное дело, материальное поощрение, право на дополнительную посылку, передачу и др. Среди других мер поощрения можно выделить увеличение времени ежедневной прогулки до двух часов для осужденных, содержащихся в строгих условиях отбывания наказания в колониях и тюрьмах. Также законодатель предусмотрел возможность проводить праздничные и выходные дни за пределами учреждения для осужденных, содержащихся в колониях-поселениях.The article is prepared on the basis of the use of normative legal acts and archival documents of various correctional labor camps mentioned in the footnotes, which allows to judge the territorial scope of the sources. The Genesis of formation and development of practice of stimulation of law-abiding behavior of condemned by means of the norms which are not changing their legal position during serving of criminal punishment in the form of imprisonment at various stages of functioning of correctional labor (criminal Executive) system is investigated. On the basis of the studied documents, it can be concluded that the basis for the differentiation of incentive norms that apply to convicts are the following criteria: 1) incentives that do not change the conditions of serving a criminal sentence in the form of imprisonment; 2) incentives that change the conditions of detention of convicts. Of the previously applied measures of incentives in the modern penal legislation the following are used: the announcement of gratitude with entering in personal time, material encouragement, the right to an additional parcel, transfer, etc. Among other measures of encouragement it is possible to allocate increase in time of daily walk to two hours for condemned detainees in strict conditions of serving of punishment in colonies and prisons. Also, the legislator provided the opportunity to spend holidays and weekends outside the institution for convicts held in colonies-settlements.

FAKTOR PENANGULANGAN TERJADINYA WASTE PADA PROYEK KONSTRUKSI DI SURABAYA

EXTRAPOLASI ◽  
2020 ◽  
Vol 17 (2) ◽  
pp. 1-10
Author(s):  
Michella Beatrix ◽  
Nurul Rochmah ◽  
Gede Sarya ◽  
Pebru Dwijayanto
Keyword(s):  
Waste Management ◽  
Construction Projects ◽  
Positive Impact ◽  
Scale Construction ◽  
Small Scale ◽  
Construction Costs ◽  
Warehouse Storage ◽  
The Right ◽  
The Impact ◽  
Material Requirements

AbstractLarge and small scale construction projects have waste that cannot be predicted in advance, even the amount cannot be predicted directly, whether it is in large or small amounts. The existence of waste can have a significant impact that can affect construction costs. Waste can have both negative and positive impacts. Good waste management will have a positive impact on the company in terms of cost, even time, and quality, but if the waste that occurs cannot be handled or managed properly it will harm the company in terms of cost, time, and even in terms of quality. In this case, the party that always gets the impact of the waste is the contractor.This study focuses on mitigating the occurrence of waste that is how to minimize it. Thisstudy uses the distribution of questionnaires to the contractor in Surabaya. The results of this study are 5 item indicators on how to minimize the highest ranking. The 5 items are Updating material requirements, Mixing, transporting, and placing concrete at the right time, Increasing the competence and expertise of labor, Provision of good and adequate material/warehouse storage facilities, and accurate material measurement.  Abstrak Proyek konstruksi dalam skala besar maupun kecil, memiliki waste yang tidak dapat diprediksi sebelumnya, bahkan jumlahnya pun tidak dapat diprediksi secara langsung, apakah itu dalam jumlah besar ataupun jumlah yang kecil. Adanya waste dapat memberikan dampak yang signifikan yang dapat mempengaruhi biaya konstruksi. Pada dasarnya waste dapat memberikan dampak negatif maupun positif. Pengelolaan waste yang baik akan memberikan dampak positif bagi perusahaan dalam segi biaya, bahkan waktu dan mutu, namun apabila waste yang terjadi tidak dapat diatasi atau dikelola dengan baik maka akan memberikan dampak negatif bagi perusahaan dalam segi biaya, waktu bahkan dalam hal mutu. Dalam hal ini pihak yang selalu mendapatkan dampak dari adanya waste adalah pihak kontraktorPenelitian ini memfokuskan pada faktor penanggulangan terjadinya waste yaitu cara meminimalisirnya. Penelitian ini menggunakan penyebaran kuisioner kepada pihak kontraktor di Surabaya. Hasil dari penelitian ini adalah 5 item indicator cara meminimalisir yang memiliki ranking tertinggi. 5 item tersebut adalah Updating kebutuhan material, Mencampur, mengangkut dan menempatkan beton pada waktu yang tepat, Meningkatkan kompetensi dan keahlian tenaga kerja, Penyediaan fasilitas penyimpanan material/gudang yang baik dan memadai, dan Pengukuran bahan yang akurat.

scholarly journals QUALIFICATION OF CRIMES AGAINST LIFE: COMPARATIVE LEGAL ANALYSIS

2021 ◽  
Vol 1 (1) ◽  
pp. 61-67
Author(s):  
Olha Peresada ◽  
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Code ◽  
Legal Analysis ◽  
Right To Life ◽  
Special Part ◽  
Criminal Protection ◽  
The Moment ◽  
The Right

The article considers topical issues of definition and qualification of crimes against human life in Ukraine and abroad. It is proved that the problematic issue of criminal law protection of human life is a significant differentiation of approaches to determining the moment of its onset, which reflects the medical and social criteria for the formation of an individual who has the right to life. It is shown that Ukrainian criminal law gives a person the right to life from birth, while the correct approach is to recognize the beginning of human life and appropriate criminal protection from the moment of onset 10 days after conception, which is consistent with European experience (in particular, France) and sufficiently reflects the medical features of the period of formation of a full-fledged embryo. The article also addresses the issue of the fact that Section II of the Special Part of the Criminal Code of Ukraine combines encroachment on two different generic objects - public relations for the protection of life and public relations for the protection of personal health. This provision of the criminal law of Ukraine does not correspond to the international practice on this issue. In addition, it is reasonable to believe that the two relevant categories of the object of criminal encroachment cannot be considered similar, as such an approach in certain cases can significantly complicate the classification of a criminal offense. It is emphasized that, given the exceptional importance of criminal law protection of human life, it is necessary to formulate a separate section of the Special Part of the Criminal Code of Ukraine, which covers only crimes against life as the main object of criminal encroachment.

scholarly journals The Legal Position and Factual Situation of Women Participation to Inheritance in Kosovo

2014 ◽  
Vol 4 (1) ◽  
pp. 271
Author(s):  
LL.M. Egzonis Hajdari
Keyword(s):  
Human Rights ◽  
Legal Aspect ◽  
Practical Situation ◽  
Practical Reality ◽  
Legal Position ◽  
The Law ◽  
The Right ◽  
Women Participation

The right to inheritance represents one of the basic human rights. As such this right is regulated by the law. The Law on Inheritance in Kosovo regulates substantially, all the issues related to inheritance. In this context, this Law contains numerous rules that proclaim full equality of women with men to inheritance.Regardless of equality proclaimed by law practical reality of life indicates a different situation. This reality proves that women participation to inheritance nevertheless is very small. The reasons for this situation are numerous and diverse, but mostly they have to deal with the still existence in people's conscience of many customary rules, which constantly treated women as a subject of second hand. In this article a modest attempt is made to reflect besides legal aspect also the practical situation indicating the degree of women participation to inheritance in Kosovo, in all grades that she may appear as heir.

scholarly journals TAKING INTO CUSTODY IN THE CRIMINAL PROCESS OF THE REPUBLIC OF BELARUS: IMPROVING REGULATIONS AND ISSUES OF PROOF (COMPARATIVE LEGAL ANALYSIS)

2020 ◽  
Vol 73 (4) ◽  
pp. 156-162
Author(s):  
Andriy Samko ◽  
◽  
Dmуtrо Pilipenko ◽  
Keyword(s):  
Civil Rights ◽  
International Law ◽  
Preventive Measure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Theoretical Concepts ◽  
The Republic ◽  
The Right ◽  
Practical Feasibility

The article analyzes the peculiarities of applying a measure of procedural coercion in the form of detention in the criminal procedural legislation of the Republic of Belarus, as well as in the criminal process of Ukraine and the Republic of Kazakhstan. The positions of scientists in the field of criminal procedure, who conducted research on this issue, are analyzed. The key positions of the proceduralists regarding the basic regulatory aspects of the application of a preventive measure in the form of detention are considered. Attention is focused on the fundamental provisions of the functioning of the system of procedural compulsion and the application of a preventive measure in the form of detention in custody in particular. The analysis of the positions of the legislators of the Republic of Belarus, the Republic of Kazakhstan and Ukraine regarding the issue of normative regulation of the procedure for applying a measure of procedural coercion in the form of detention is carried out. The authors of the article emphasize the key aspect of the preventive measure in the form of detention in the form of its extraordinary impact on the observance of human and civil rights and freedoms in criminal proceedings. This circumstance is especially relevant in respect of the right of participants in criminal proceedings to freedom and personal inviolability. In this regard, theoretical concepts are considered and the content of international law on this issue is analyzed. The practical feasibility and normative possibility of using other, more humane methods of influencing suspects accused in criminal proceedings are analyzed. The article focuses on the normative procedure for the application of bail as an alternative procedural measure of isolating a person during detention in the legislation of the above states. The article analyzes the procedural features of the normative regulation of the use of pledge in the legislation of Ukraine and the Republic of Kazakhstan. The author's position on these issues, as well as proposals for optimizing the criminal procedural legislation of the Republic of Belarus regarding the regulation of the use of detention are formulated.

scholarly journals Government Policy in Overcoming Religious Extremism in Indonesia: A Multidisciplinary Review between Public Administration and Psychology

2021 ◽  
Vol 8 (4) ◽  
pp. 423-433
Author(s):  
Dana R. Buana ◽  
Masayu N. Juwita
Keyword(s):  
Public Administration ◽  
Ethnic Groups ◽  
Government Policy ◽  
Research Method ◽  
Negative Impact ◽  
Positive Impact ◽  
Literature Study ◽  
Religious Extremism ◽  
The Government ◽  
The Right

The development of religious extremism in Indonesia continues to increase every year so that serious attention is needed by the government to deal with religious extremism in Indonesia. Indonesia is an archipelagic country where there are various ethnic groups and religions that coexist. However, the development of religious extremism sometimes becomes a serious problem for the Indonesian people because it can have a negative impact and damage the unity between nations and religions. This research uses literature study. This research method is carried out by reviewing various literatures, both books, newspapers, survey reports, academic journals related to religious extremism in Indonesia. The results show that not all religious extremism has an impact on the emergence of terrorism, but the government still must make the right policies in handling religious extremism that can cause division and affect peoples welfare. The policies that have been made by the government are considered appropriate and based on the laws that have been set by the government so that they can have a positive impact in maintaining the unity and integrity of the Indonesian nation.

scholarly journals Pravni položaj poštenog i nepoštenog posjednika u odnosu na vlasnika stvari

2017 ◽  
Vol 38 (1) ◽  
pp. 527-543
Author(s):  
Jadranko Jug
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Basic Method ◽  
Unjust Enrichment ◽  
The Supreme Court ◽  
Legal Position ◽  
The Republic ◽  
Basic Characteristics ◽  
The Right

This paper deals with the problems related to the legal position of honest and dishonest possessors in relation to the owner of things, that is, it analyses the rights belonging to the possessors of things and the demands that possessors may require from the owners of things to whom the possessors must submit those things. Also, in contrast, the rights and requirements are analysed of the owners of things in relation to honest and dishonest possessors. In practice, a dilemma arises in defi ning the essential and benefi cial expenditure incurred by honest possessors, what the presumptions are for and until when the right of retention may be exercised for the sake of remuneration of that expenditure, when the statute of limitations expires on that claim, and the signifi cance of the provisions of the Civil Obligations Act in relation to unjust enrichment, management without mandate and the right of retention, and which provisions regulate these or similar issues. The answers to some of these dilemmas have been provided in case law, and therefore the basic method used in the paper was analysis and research of case law, especially decisions by the Supreme Court of the Republic of Croatia. The introduction to the paper provides the basic characteristics of the concept of possession and possession of things, and the type and quality of possession, to provide a basis for the subsequent analysis of the legal position of the possessor of a thing in relation to the owner of that thing.

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