scholarly journals Rizik unovčenja objekta leasinga u ugovoru o operativnom leasingu motornog vozila

2017 ◽  
Vol 38 (1) ◽  
pp. 303-335 ◽  
Author(s):  
Ivan Tot

The subject of the research in this paper are automotive operating lease contracts in the Croatian business practice. The provisions of the general terms and conditions for operating lease contracts of the Croatian leasing companies are being analysed, particulary those relating to the rights and obligations of the parties to the contract after the operating lease contract was terminated and the motor vehicle returned to the lessor. The existence of three contractual models of the automotive operating lease contract in the Croatian business practice is established, which vary with regard to the assignment and the distribution of the residual value risk. Those contractual models are being compared with the two most common contractual models of automotive lease contracts in the Austrian and German business practice: the lease contract with the excess mileage adjustment and the lease contract with the terminal rent adjustment. On the basis of the results of this comparison, applicability of the legal solutions, developed in the Austrian and German jurisprudence and legal literature regarding the lease contract with the excess mileage adjustment and the lease contract with the terminal rent adjustment, to the automotive operating lease contract within the framework of Croatian law, is being examinded.

Author(s):  
Anton Matveev

The article is devoted to the organization and activities of the Central Snitch Squad at the Saint-Petersburg Security Department for ensuring the security of the head of state in the Russian Empire. The normative basis for the activities of agents of the Central Snitch Squad and the specifics of implementation of their job descriptions are described in the article. The Central Snitch Squad was a separate division of the Search and Surveillance Service of the Russian Empire, which solved the various and most complex tasks of search-and-surveillance. The Central Snitch Squad operated until the fall of the monarchy in February 1917, but the experience gained by it in fulfilling tasks of national importance continues to be used in modern Russia. At the same time, the issues of the organization and functioning of the Central Snitch Squad have not received a comprehensive analysis yet. One of the activities of the Central Snitch Squad, which has not received proper coverage in historical and legal literature, is the protection of imperial majesties in the Russian Empire at the beginning of the 20th century. Therefore, its regulation and implementation has become the subject of this article. The main and integrating method of research on the organization and activities of the Central Snitch Squad was the method of materialist dialectics. General logical (deduction, induction, analysis and synthesis), general scientific (systemic, structural-functional, typologization) and special (formal-legal, historical-legal, comparative-legal, interpretations of regulatory legal acts, sociological and statistical) methods of legal research were used. It was concluded that the protection of imperial majesties and the highest persons in the Russian Empire was one of the most important areas of activity of the gendarmerie. The simultaneous existence of three different divisions that guarded the emperor ‒ the Central Snitch Squad, the Security Unit and the Security Agency led to duplication of agents activities and inconsistent actions of the units. The Central Snitch Squad of the Saint-Petersburg Security Department has accumulated a variety of search-and-surveillance experience that can be used to solve problems of national importance in modern Russia.


1962 ◽  
Vol 2 (1) ◽  
pp. 161-173 ◽  
Author(s):  
Teivo Pentikäinen

The Ministry of Social Affairs, which acts i.a. as the supervising office in Finland, has given instructions regarding the normal reserves of insurance companies. A summary of these and some comments are given here as far as they concern motor-vehicle insurance. The instructions as far as they concern the subject referred to in the following in the items 2-6, 9 and 10, were compiled by a committee, presided over by Mr. I. Ketola, M. Sc, which availed itself of the experience of several Finnish insurance companies.In order to give a review of the system as a whole many items, which are mathematically trivial and well-known, are briefly explained.The conventional principle of “pro rata parte temporis” is followed, which leads to the well-known reserve where P is the premium income of the company. This provides that the days when the premiums fall due are approximately equally distributed over the year (which can be checked from the premium sums of the different months in the book-keeping) or at least have no cluster points in the second half of the year and that the cost of the collecting of premiums is not less than 0.2 P. A more accurate calculation takes into account i.a. temporary short term policies etc.In casu-reserve. All unpaid claims (except those mentioned later) due to accidents which occured before the end of the account year, are listed and rated one by one. Doubtful cases, e.g. where the cause of the accident is still under litigation, are calculated in accordance with the “worst” alternative.


2016 ◽  
Vol 13 (2) ◽  
pp. 2735
Author(s):  
Sefa Usta ◽  
Abdulvahap Akıncı

In the formation of a transparent and accountable public administration system and an understanding of administration, such institutions like the Ombudsman have important functions. The Ombudsman Institution, which undertakes an effective role in the solution of the problems experienced between the state and the citizen, has important responsibilities to institutionalize human rights and democratization, reduce the bad administration practices and most importantly, make the accountability mechanism the built-in in public administration. The Ombudsman Institution, which has been formed with different names in many countries in the world, has been established in Germany with the name of “the Defense Ombudsman,” and it carries out its activities under this framework.The main objective of the study is to examine the Ombudsman Institution as an extension of accountability mechanism in public administration and to asses “the Defense Ombudsman Institution”, which operates in Germany. Under the study prepared for this purpose, it is treated the concept of accountability in public administration with its general terms and examined the Ombudsman Institution, departing from the case of Germany. The study is terminated with an overview and a chapter of conclusion.In the study, it has been benefited from the scientific methods of descriptive analysis and critical review of the literature and set out from the secondary sources written about the subject and the primary sources like constitutional and legal regulations that are the basis of the Ombudsman Institution in Germany. ÖzetŞeffaf ve hesap verebilir bir kamu yönetimi sisteminin ve yönetim anlayışının oluşumunda Ombudsmanlık benzeri kurumlara önemli işlevler düşmektedir. Devlet ve vatandaş arasında yaşanan sorunların çözümü noktasında etkili bir rol üstlenen ombudsmanlık kurumuna, insan haklarının ve demokratikleşmenin kurumsallaşmasında, kötü yönetim uygulamalarının azaltılmasında ve en önemlisi kamu yönetiminde hesap verebilirlik mekanizmasının yerleşik hale gelmesinde önemli sorumluluklar düşmektedir. Dünyada birçok ülkede farklı adlarla oluşturulmuş olan Ombudsmanlık Kurumu, Almanya'da Savunma Ombudsmanlığı ismiyle kurulmuş ve faaliyetlerini yürütmektedir.Çalışmanın temel amacı, kamu yönetiminde hesap verebilirlik mekanizmasının bir uzantısı olarak Ombudsmanlık kurumunun incelenerek, Almanya'da faaliyet gösteren "Savunma Ombudsmanlığı Kurumu"nun değerlendirmeye tabi tutulmasıdır. Bu amaç doğrultusunda hazırlanan çalışma kapsamında, kamu yönetiminde hesap verebilirlik kavramı genel hatlarıyla ele alınmakta, Ombudsmanlık Kurumu Almanya örneğinden hareketle irdelenmektedir. Çalışma genel bir değerlendirme ve sonuç kısmıyla nihayetlendirilmektedir.Bu kapsamda hazırlanan çalışmada, betimsel analiz yönteminden ve eleştirel literatür taramasından yararlanılmış, konu ile ilgili yazılmış ikinci kaynaklardan ve Almanya'da Ombudsmanlık Kurumu'nun dayanağı olan anayasal ve yasal düzenlemeler gibi birincil kaynaklardan faydalanılmıştır.


Author(s):  
Ulyana Polyak

The current criminal procedure law of Ukraine stipulates that a witness is obliged to give a true testimony during pre-trial investigation and trial, however, the legislator made an exception for this by specifying the categories of persons who have been granted immunity from immunity, ie they are released by law. testify. The article deals with the problems of law and practice regarding the prohibition of the interrogation of a notary as a witness in criminal proceedings and the release of him from the obligation to keep the notarial secret by the person who entrusted him with the information which is the subject of this secret. The notion of notarial secrecy is proposed to be changed, since the subject of this secrecy is not only information that became known to the notary public from the interested person, but also those information that the notary received from other sources in the performance of their professional duties, as well as the procedural activity of the notary himself, is aimed at achieving a certain legal result. The proposal made in the legal literature to supplement the CPC of Ukraine with the provisions that a notary is subject to interrogation as a witness on information that constitutes a notarial secret, if the notarial acts were declared illegal in accordance with the procedure established by law The proposal to increase the list of persons who are not subject to interrogation as witnesses about the information constituting a notarial secret is substantiated, this clause is proposed to be supplemented by provisions that, apart from the notary, are not notarized, other notarials, notaries as well as the persons mentioned in Part 3 of Art. 8 of the Law of Ukraine "On Notary". Amendments to the current CPC of Ukraine by the amendments proposed in this publication will significantly improve the law prohibiting the interrogation of a notary as a witness in criminal proceedings, as well as improve certain theoretical provisions of the institute of witness immunity in criminal proceedings.


Author(s):  
Beatriz Forés ◽  
Rafael Lapiedra ◽  
José-María Fernández-Yáñez

There is a generalised consensus on the notable role that information systems and technologies (IS/IT) play in organisational performance. This evidence has been widely explored and recognised by both business practice and academia; as a result, the literature on information systems has acquired considerable relevance in the field of business administration due to its major role in the strategic process. In order to observe the impact of information systems research on the scientific community, we carried out a bibliometric study based on an analysis of the concurrences of the key words used in publications on the subject. This type of quantitative analysis can reveal the structure that supports a certain topic in a discipline and its evolution, as well as the most relevant related concepts. Specifically, six theoretical clusters were observed and defined: 1) data analytics, 2) electronic intra and inter-organisational exchanges, 3) dynamic capabilities, 4) geographical agglomerations, sustainability and tourism, 5) ERP, and 6) quality.


1982 ◽  
Vol 7 (2) ◽  
pp. 67-81 ◽  
Author(s):  
Michael Greenhalgh

In general terms, this paper is about the possibilities newly available to art historians, because of the new cheapness, of computing, and the problems which still exist in the areas of data and image storage, retrieval and display. First it tries to assess the technology from a layman’s point of view, then ventures into the contentious matter of how many art historians (in these days of reduced funding) are either able or willing to take advantage (if there are advantages) of new technology. Threading throughout the paper are doubts about whether the use of computers can or will advance the study of the subject (as opposed to making that study easier), and about whether the finance for some of the hardware mentioned could ever be raised by any non-scientific department.


Proceedings ◽  
2018 ◽  
Vol 2 (21) ◽  
pp. 1354
Author(s):  
Susana Garcia-Bujalance ◽  
Manfredi Leone ◽  
Daniel Navas-Carrillo

The educational innovation project object of this communication focuses on the scale problems that arise in the projects of territorial planning carried out in architecture schools, but also in the loss of the scale concept related to thought and drawing. The project involved collaboration among the Schools of Architecture of Malaga, Palermo and Seville with the aim of carrying out a practical exercise among the students of two subjects that, working on different scales, addressed similar concepts. In particular, following an PBL methodology based on collaborative projects, the planning of the N-340 road in the city of Nerja (Málaga) was carried out. Firstly, the territorial scale is addressed in the subject of Urbanism IV at the School of Architecture of Malaga, proposing the continuity of its development at the scale of landscape design in another place and with other designers of the course of Landscape Laboratory at the School of Architecture of Palermo. Besides, having verified that the academic results have been -in general terms- more satisfactory, the project has allowed consolidating the academic relationship between the three schools, which has translated into the development of complementary training actions.


1967 ◽  
Vol 71 (683) ◽  
pp. 745-752 ◽  
Author(s):  
P. P. Baker

This subject, even as it applies to those areas which are the direct or partial responsibility of the test pilot, is a comprehensive one, and it is not intended to embrace it completely. Specifically this paper will touch only on the area in which the pilot is principally involved. Further, it is not the intention to catalogue the tests required for certification or to describe all of them in detail, but rather to discuss the whole certification process in more general terms.The purpose of Certification is to establish a minimum safety standard, but when forming that standard, sight cannot be lost of the feasibility of achieving it, both practically and commercially. Inevitably, therefore, the discussions or arguments that arise over establishing the standards against which aircraft are going to be assessed must centre around the problem of where the balance between safety and cost should be struck. As previously implied, absolute safety is not only probably impossible to achieve, but quite clearly commercially impractical. The constructor's task must be, therefore, a process of resolving the often conflicting ideas of the various bodies and agencies that attempt to define the “balance” and within that definition offer a commercially attractive aircraft. If he strays widely from the prevailing definition, even in the interests of increased safety, he is in danger of pricing himself out of business. This fact is rather obvious, but no excuse is given for stating it since it is thought to be so fundamental to the subject under discussion, and one that is often overlooked, particularly perhaps by those who are not so involved with the day-to-day operation of aircraft.


Legal Studies ◽  
2010 ◽  
Vol 30 (4) ◽  
pp. 513-532
Author(s):  
Warren Swain

Writing in the introduction to his new treatise on contract in 1826, Joseph Chitty observed that ‘Perhaps no branch of the jurisprudence of this country has of late years been more subject of judicial inquiry and decision than the Law of Contracts’. It is generally accepted that the so-called classical model of contract law, which remains influential into the present day, was created at this time. Ever since the subject first attracted sustained attention from legal historians in the 1970s, the driving forces of these developments have been contested. Some saw legal change as a product of economic and social factors. For others the reception of new ways of thinking and legal literature provided a more convincing explanation. What is not usually disputed is that there was a fundamental revolution in contract doctrine and literature in the nineteenth century. This assumption is open to challenge. It fails to give proper weight to the past. In fact these changes were deeply rooted in the eighteenth century and even earlier.


Author(s):  
Claus Rüdiger Haas

Article & 2008 In 2007 the concept of citizenship was officially incorporated into teacher education in Denmark, as part of a compulsory subject called 'Christianity studies, life enlightenment, and citizenship'. Thus, at least to some extent, the notion of citizenship is expected to find its way into the educational and political vocabulary of future teachers and pupils/students of the Danish educational system, and probably into the public discussions about the meaning of democratic education in general. The subject itself is only described in very general terms within the legal framework. In order to understand the meaning and purpose of the new subject it is necessary to position it within a broader discourse of citizenship education, as it has been launched by the Danish nation state since 1999. First, citizenship education seems to be exclusively about responding to cultural diversity; secondly, articulated as part of a nation state driven strategy of the sociocultural integration of foreigners, migrants and ethnic minorities. From this follow the questions: What does integration mean, and integration into what? I will make use of four different versions of multiculturalism as my analytical framework – assimilationism, cosmopolitanism, fragmented pluralism, interactive pluralism, and pointing to the fact that the first seems to be the hegemonic understanding of the purpose of citizenship education.


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