scholarly journals Architect & Law

2021 ◽  
Author(s):  
Seyed Mohyeddin Seghatoleslam
Keyword(s):  
Dispute Resolution ◽  
Point Of View ◽  
Professional Relationships ◽  
Legal Information ◽  
Factors Affecting ◽  
Professional Activities ◽  
Comprehensive Collection ◽  
Present Book ◽  
The Law ◽  
Legal Responsibilities

Architecture, from one point of view, is the art and science of designing buildings and structures. Due to the scope and extent of architecture, many factors affect the architectural business and professional work. One of these factors, which has an enormous impact on this profession, is the legal rules and regulations related to architectural practices. Architects are obliged to deal with different professional affairs and client issues from the beginning of their careers. Hence, architects must be aware of the rules and procedures and use them to promote their professionalism. The law should not be seen as an inconvenient factor or a burden but as a criterion for recognising the rights of individuals in a society. In the event of a professional dispute, the architect should be aware of his/ her own and others' legal responsibilities. The architect should be aware of the basic legal information and current law related to the architectural field and know that ignorance of the law does not relieve legal responsibilities. In other words, “Ignorance of the law is no excuse in any country. If it were, the laws would lose their effect, because it can always be pretended” .This book discusses the legal factors affecting the architects’ professional activities, and the necessary general knowledge of the law. In summary, it provides an introductory framework for the understanding of the legal, contractual, and procedural implications of architectural practices. The construction industry is generally a messy and high-risk business with significant amounts of money involved. Problems and misunderstandings typically end up in some form of dispute resolution. This book clearly explains the parties involved in the construction contracts and defines the professional relationships between the architects and the clients, consultants, contractors, engineers, construction managers, and so on. Furthermore, you can find information about resolution paths and necessary procedures to resolve disputes when they arise. The present book is in Persian and consists of 11 chapters. The book is a comprehensive collection that provides the necessary information related to the law from the graduation of an architect to the stage of practice, pathways to qualify as an architect, establishing the architectural office, contract formation, tendering process, dispute resolution, and many more issues.The 1st edition of the book ‘Architect & Law’ was published by Alborz Fardanesh Publications in 2013.

Legal Challenges for Romanian Family Medicine Practitioners in Times of ‘COVID-19’

2021 ◽  
Vol 28 (1) ◽  
pp. 71-75
Author(s):  
Silviu Dumitru PAUN ◽  
◽  
Sinziana-Elena BIRSANU ◽  
Codrut Andrei NANU ◽  
◽  
...  
Keyword(s):  
Family Medicine ◽  
General Practitioners ◽  
Point Of View ◽  
Insurance Policy ◽  
Roles And Responsibilities ◽  
Applicable Law ◽  
Professional Activities ◽  
Legal Challenges ◽  
The Law ◽  
Special Circumstances

The general practitioners (GPs’) practice faced serious challenges as a result of COVID-19 pandemic, including from a legal point of view. In this context, a series of questions related to the GPs’ professional activities might arise such as: (i) what happens if a doctor makes a mistake because he/she is exhausted, as a result of overtime or (ii) if he/she performs medical acts outside the boundaries of his/her own specialty or without consent, as requested by his/her own conscience, by the situation, by the authorities and by his/her principal? In all these special circumstances this could mean that the doctor fails to comply with the applicable law. Moreover, because he/she breaches the law, the professional insurance policy will cease to be applicable. With new roles and responsibilities, the GPs should adjust their practice to the current conditions.

scholarly journals THE INVESTIGATOR’S INDEPENDENCE: CHALLENGING ASPECTS OF THE DETERMINATION OF THE LEGAL ESSENCE AND FUNCTIONAL PURPOSE

2020 ◽  
Vol 11 ◽  
pp. 19-23
Author(s):  
Denis P. Popov ◽  
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Process ◽  
Professional Activities ◽  
Legal Nature ◽  
The Law ◽  
Functional Purpose

The article examines topical issues relevant to the domestic criminal process related to the determination of the legal nature and functional purpose of the category ≪procedural independence of the investigator≫. Based on the analysis of the theory, criminal procedural legislation and the practice of its application, the author concludes that from the point of view of the legal nature, the independence of the investigator should be considered as a ≪criminal procedure tool≫ provided to him by the law, functionally designed for professional activities. The concept of the category in question is proposed, as well as measures aimed at improving the legislation determining the legal status of the investigator and regulating his procedural independence.

scholarly journals EFEKTIVITAS UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN TERHADAP JUAL BELI DENGAN SISTEM TRANSAKSI ELEKTRONIK (E-COMMERCE)

2019 ◽  
Vol 22 (2) ◽  
pp. 79-86
Author(s):  
Muhajir Akbar Hamsah
Keyword(s):  
Dispute Resolution ◽  
Legal Protection ◽  
Civil Code ◽  
Factors Affecting ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
Electronic Transactions ◽  
The Law ◽  
Process Factors

Legal protection to consumers by BPSK through means of mediation or conciliation or arbitration is made on the choice and consent of the parties concerned. Consumer dispute resolution is not a gradual dispute resolution process. Factors affecting the process of providing legal protection to the sale and purchase through electronic transactions are legal factors that still weaken the parties, especially the consumer, the requirement of the agreement in Article 1320 of the Civil Code can not be fulfilled in full, especially the matter of proficiency. The activities of the cyberspace can not be approached by conventional law size and classification alone, because if this method is taken too much difficulty and passes the enforcement of the law.  AbstrakPerlindungan hukum kepada konsumen oleh BPSK melalui mediasi atau konsiliasi atau arbitrasi dilakukan berdasarkan pilihan dan persetujuan dari pihak-pihak terkait. Resolusi perselisihan konsumen bukanlah proses penyelesaian perselisihan bertahap. Faktor-faktor yang mempengaruhi proses pemberian perlindungan hukum terhadap jual beli melalui transaksi elektronik adalah faktor hukum yang masih melemahkan para pihak, terutama konsumen, persyaratan perjanjian dalam Pasal 1320 KUHPerdata tidak dapat dipenuhi secara penuh, terutama soal kemahiran. Kegiatan dunia maya tidak dapat didekati dengan ukuran hukum konvensional dan klasifikasi saja, karena jika metode ini diambil terlalu banyak kesulitan dan melewati penegakan hukum.

scholarly journals EFEKTIVITAS UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN TERHADAP JUAL BELI DENGAN SISTEM TRANSAKSI ELEKTRONIK (E-COMMERCE)

2019 ◽  
Vol 22 (2) ◽  
pp. 79-86
Author(s):  
Muhajir Akbar Hamsah
Keyword(s):  
Dispute Resolution ◽  
Legal Protection ◽  
Civil Code ◽  
Factors Affecting ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
Electronic Transactions ◽  
The Law ◽  
Process Factors

Legal protection to consumers by BPSK through means of mediation or conciliation or arbitration is made on the choice and consent of the parties concerned. Consumer dispute resolution is not a gradual dispute resolution process. Factors affecting the process of providing legal protection to the sale and purchase through electronic transactions are legal factors that still weaken the parties, especially the consumer, the requirement of the agreement in Article 1320 of the Civil Code can not be fulfilled in full, especially the matter of proficiency. The activities of the cyberspace can not be approached by conventional law size and classification alone, because if this method is taken too much difficulty and passes the enforcement of the law.  AbstrakPerlindungan hukum kepada konsumen oleh BPSK melalui mediasi atau konsiliasi atau arbitrasi dilakukan berdasarkan pilihan dan persetujuan dari pihak-pihak terkait. Resolusi perselisihan konsumen bukanlah proses penyelesaian perselisihan bertahap. Faktor-faktor yang mempengaruhi proses pemberian perlindungan hukum terhadap jual beli melalui transaksi elektronik adalah faktor hukum yang masih melemahkan para pihak, terutama konsumen, persyaratan perjanjian dalam Pasal 1320 KUHPerdata tidak dapat dipenuhi secara penuh, terutama soal kemahiran. Kegiatan dunia maya tidak dapat didekati dengan ukuran hukum konvensional dan klasifikasi saja, karena jika metode ini diambil terlalu banyak kesulitan dan melewati penegakan hukum.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

ANALISA YURIDIS HAK KEBEBASAN BERPENDAPAT BERDASARKAN KETENTUAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2020 ◽  
Vol 18 (1) ◽  
pp. 001
Author(s):  
Eddy Suwito
Keyword(s):  
Social Media ◽  
General Public ◽  
Legal Information ◽  
The Public ◽  
Harm To Others ◽  
The Law ◽  
The Republic

The development of technology that continues to grow, the public increasingly facilitates socialization through technology. Opinion on free and uncontrolled social media causes harm to others. The law sees this phenomenon subsequently changing. Legal Information Known as Information and Electronic Transaction Law or ITE Law. However, the ITE Law cannot protect the entire general public. Because it is an Article in the ITE Law that is contrary to Article in the 1945 Constitution of the Republic of Indonesia.

WISATA BAHARI PADA ZONA PEMANFAATAN TAMAN NASIONAL MANUSELA: POTENSI DAN FAKTOR PENGARUH PENGEMBANGAN

2018 ◽  
Vol 2 (2) ◽  
pp. 66-73
Author(s):  
Ivonne R. G. Kaya ◽  
Fildo De Lima
Keyword(s):  
National Park ◽  
Point Of View ◽  
Structured Interviews ◽  
Factors Affecting ◽  
Tourist Attractions ◽  
Income Sources ◽  
Economic Progress ◽  
Key Driver ◽  
Tourism Attractions ◽  
Depth Interviews

Tourism has become one of the major players in ‎international commerce and represents one of the main income ‎sources for many developing countries at the same time. These dynamics have turned tourism into a key driver for socio-‎economic progress.‎ This article described the potential of tourism attraction and factor affecting the development of marine tourism area in the utilization zone of Manusela National Park. Semi-structured interviews, in-depth interviews and participant observations were conducted with respondent (n=110) in Bellarizky, Air Belanda, Ora Beach and Lizar Bahari resort. The potential of tourist attractions in the utilization zone of Manusela National Park is as a snorkeling, diving and point of view. Factors affecting the development are service, transportation, supporting facilities and tourism attractions.

scholarly journals Sex Work in Slovenia: Assessing the Needs of Sex Workers

2021 ◽  
pp. 136078042110184
Author(s):  
Leja Markelj ◽  
Alisa Selan ◽  
Tjaša Dolinar ◽  
Matej Sande
Keyword(s):  
Needs Assessment ◽  
Sex Work ◽  
Sex Workers ◽  
Point Of View ◽  
Social Distress ◽  
Legal Advice ◽  
The Law ◽  
Client Relations ◽  
Insight Into

The research comprehensively identifies the needs and problems of sex workers in Slovenia from the point of view of three groups of actors in a decriminalized setting. The objective of the rapid needs assessment was to identify the needs of sex workers as perceived by themselves. In order to gain a deeper insight into this topic, we analyzed the functioning of the organizations working with the population, and examined the perspective of the clients. The results of the study show that no aid programmes have been developed for sex workers, even though organizations from various fields often come in contact with this population. Sex workers express the need to be informed about various topics (health, the law, legal advice) and emphasize client relations as the primary issue. The findings indicate the need for the development of a specialized aid programmes to address the fields of advocacy, reducing social distress and providing psychosocial assistance.

scholarly journals Creation of Technical Conditions for Use or Infringement – The Meanders of the Warehouse Keeper’s Liability in Light of CJEU Judgment C-567/18 Coty Germany

2021 ◽  
Vol 52 (3) ◽  
pp. 265-282
Author(s):  
Krystyna Szczepanowska-Kozłowska
Keyword(s):  
Property Rights ◽  
Point Of View ◽  
Literal Meaning ◽  
Property Right ◽  
Third Party ◽  
Property Law ◽  
Industrial Property ◽  
The Absolute ◽  
The Law ◽  
Trademark Use

AbstractOne form of industrial property right infringement is stocking for the purpose of offering or marketing. This form of infringement appears both in EU legal acts on trademarks or designs, as well as in national regulations, including those concerning patents. What is specific to stocking when compared to other activities comprising the stipulated exclusivity of the holder of industrial property rights is the fact that the literal meaning of “stocking” does not explain whether the infringing party or the warehouse keeper is the entity that places the goods in storage. The structure of industrial property rights as absolute rights would theoretically permit the view that the law is violated by both the entity that accepts the goods for storage and the entity that places such goods in storage. To determine if there is an infringement, it must be established what the goods being stocked are further intended for. It is not without significance that the finding of an infringement of industrial property rights does not depend on fault or awareness. From the point of view of the industrial property law regime, it is difficult to find arguments against this understanding of infringement by stocking. Since the offeror of goods infringing industrial property rights may be held liable even if the goods have not yet been manufactured, it is conceivable that the entity accepting such goods for stocking is also liable. This interpretation of the concept of stocking would certainly correspond to the absolute nature of liability for infringement.In a recent judgment the CJEU confirmed that the warehouse keeper who, on behalf of a third party, stores goods which infringe trademark rights only creates the technical conditions for trademark use by this third party provided that the warehouse keeper is not aware of that infringement. The CJEU also confirmed that only the person who decides about the purpose of storing the goods can be treated as an infringer. However, the CJEU did not respond to the question regarding whether the warehouse keeper could be treated as an infringer if it pursues the aims of storing the goods at the request of the entity that put the goods into storage.

An Undergraduate Course in Psychology and the Law

1987 ◽  
Vol 14 (4) ◽  
pp. 238-239 ◽  
Author(s):  
Edith Greene ◽  
Edith Greene
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Criminal Law ◽  
Alternative Dispute Resolution ◽  
Civil Law ◽  
Plea Bargaining ◽  
Jury Decision Making ◽  
Teaching Aids ◽  
The Law ◽  
Jury Decision

This article describes a course that bridged the disciplines of clinical and experimental psychology and the law. The course included discussion of issues in criminal law, such as the psychology of policing, the reliability of confessions, victimization, plea bargaining, jury decision making, and alternative dispute resolution, and in civil law, such as civil commitment, predicting dangerousness, and child custody. Course objectives, requirements, and teaching aids are outlined, and some thoughts on integrating these diverse topics are included.

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