scholarly journals RIGHTS OF FUTURE INTEREST AS MATRIMONIAL PROPERTY: SPECIAL REFERENCE TO EARNING CAPACITY

2014 ◽  
Vol 22 (2) ◽  
Author(s):  
Norliah Ibrahim ◽  
Zuhairah Ariff Abd Ghadas

Traditionally, the claims of matrimonial property are mainly confined to existing and personal property which exist or were acquired during the marriage prior to the divorce, such as buildings, land, vehicles, etc. However, with the changes in the economic sources and social behaviour of the modern society, whereby earnings and proprietary rights are no longer confined to merely property but also include future interest and future earnings such as investments, trust fund and business ventures, it is perceived that the scope of claims on matrimonial property shall also be revolutionised to include claims in future earnings of the divorced parties.This paper discusses the legal principle which the court could apply when it comes to claims on future interest as matrimonial property. The case law analysis is merely confined to the Malaysian precedents and the analogy of human capital earning is used by the writers to justify the possibility of claims in all types of future earnings as matrimonial property.

Author(s):  
S. Zhukov ◽  
V. Zelic ◽  
S. Soima

As a result of the conducted research the problems of development of human capital and basic pre-conditions of providing of his competitiveness are certain. Analyzed the loud speaker of charges on development of education and health protection of summary budget of Ukraine and measures on the improvement of economic situation in Ukraine and providing of development of human capital are offered. The basic types of investments are certain in a human capital on levels and subjects of investing. The mechanism of forming of human capital is presented. The mechanism of forming of human capital is presented. It is grounded, that for strategic development of human capital of Ukraine and achievement of equilibrium and balanced of economy in the conditions of globalization modernization of public policy is needed in area of education, namely, creation of the system of education, oriented to forming and development of skills and jurisdictions of man, necessary for innovative activity. Keywords human capital, investments in a human capital, competitiveness, economic state of affairs, payment for work.


2021 ◽  
Vol 44 ◽  
pp. 3-5
Author(s):  
Stoyan Nedkov ◽  
John Pickles ◽  
Kliment Naydenov ◽  
Hristina Prodanova

The Journal of Bulgarian Geographical Society was the first scientific geographical journal in the country established in 1933. During the long period of its development, it became a leading journal for publishing scientific results in geography and related interdisciplinary fields in Bulgaria. Geography of the 21st century is expected to contribute to the development of human capital and the knowledge society, to offer place-specific solutions for sustainable regional development and use of the planet’s natural and human capital. One of the main goals of the Bulgarian Geographical Society is to stimulate the geographic community to search for smart spatial solutions which can contribute to meet the challenges of modern society. The Journal of the Bulgarian Geographical Society will contribute to the achievement of this goal by providing a platform for scientists in the main fields of geography and the interrelated sciences as well as decision-makers, and the interested public to share their knowledge in an efficient and open manner. In these days of continuous speeding up of paces of work and life, the idea of facilitating the sharing of existing knowledge in order to create synergies, new knowledge, and innovation is more than timely and our journal can join the efforts to achieve these goals.


2016 ◽  
Vol 15 (4) ◽  
pp. 176-182
Author(s):  
Kirsty Varley

Purpose The purpose of this paper is to offer a practitioner’s perspective to the Anti-Social Behaviour Crime and Policing Act 2014. Many of the new sections are now in force and three in particular have been of interest to me in the last 12-18 months. Design/methodology/approach The paper is written on the basis of the author’s own knowledge, experience and cases that the author has dealt with under the new legislation. Where cases have been published the author has included the relevant links to press coverage. Findings The financial limitations upon registered provides of social housing (RPs) will affect the way in which they conduct litigation and so might mean that RPs are less likely to want to take risks in court. The new grounds have not faced meaningful challenge yet, and so their use might be limited until case law is developed and settled to provide more certainty in this area. Originality/value The perspective is the author’s own and has been written solely by the author for this specific purpose. It is hoped that this will offer insight into the development of anti-social behaviour/housing law and how practitioners view the changes now that they are in force.


2021 ◽  
Vol 1 (181) ◽  
pp. 94-101
Author(s):  
O.V. Berezhnaya ◽  
◽  
V.N. Glaz ◽  
E.G. Strukova ◽  
A.H. Goshokov ◽  
...  

The article considers approaches to determining the importance of human capital for the socio-economic development of the territories of the Russian Federation, as well as determining its place in the structure of the territorial socio-economic potential. The article shows that human capital is the basis for the formation of the regional economic system and serves as the basis for the implementation of the regional socio-economic potential. The authors define human capital as a key socio-economic and productive factor in the development of not only the modern economy, but also modern society. Regional human capital is defined as a set of human resources with their knowledge, abilities, skills, etc., formed both within the framework of individual human capital and within the framework of corporate human capital, localized on the territory of the region and able to provide reproduction processes within the regional socio-economic system. The article shows that the regional human capital in the structure of the socio-economic potential of the region has both quantitative (population size, including population migration; the gender and age composition of the population of the region, etc.), and the quality characteristics (the level of education and qualifications of the population of the region, the effectiveness of the use of human capital, etc.), reflect the importance of human capital in the state’s program documents. The article proposes the author’s vision of human capital as a resource for the socio-economic development of the region and proves that from the point of view of the realization of the socioeconomic potential of the region, the human resources of a particular region should be considered by regional authorities and management not only as a key resource that ensures the socio-economic development of the region, but also as a resource that imposes certain requirements necessary for the direct realization of human capital (potential).


Author(s):  
M A Clarke ◽  
R J A Hooley ◽  
R J C Munday ◽  
L S Sealy ◽  
A M Tettenborn ◽  
...  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This new edition includes discussion of new legislation, including: Consumer Rights Act 2015; Insurance Act 2015; Modern Slavery Act 2015; Small Business, Enterprise and Employment Act 2015; Third Parties (Rights against Insurers) Act 2010; Bribery Act 2010; Payment Services Regulations 2009. The text also has analysis of the latest developments in case law, including: Armstrong DLW GmbH v Winnington Networks Ltd and Devani v Republic of Kenya (on personal property law); Mohamud v WM Morrison Supermarkets plc (on vicarious liability); Kelly v Fraser and Thanakharn Kasikorn Thai Chamkat (Mahachon) v Akai Holdings Ltd (on apparent authority); Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd and European Ventures LLP v Cedar Capital Partners LLC (on agent's secret profits); Bailey v Angove's Pty Ltd (on irrevocable agencies); Cukurova Finance International v Alfa Telecom Turkey Ltd, Gray v G-T-P Group Ltd, and USA v Nolan (on the Financial Collateral Arrangements, No 2, Regulations). The book contains a new introductory section on the impact of Brexit on English commercial law. Insolvency coverage includes discussion of new out-of-court bankruptcy procedure, debt relief orders, and pre-pack administrations.


2020 ◽  
pp. 1-18
Author(s):  
Paola Fossati

AbstractPeople who live with pets (companion animals) in many cases see their pets as family members. Yet, in the eyes of the law, pets are still considered personal property. This is relevant to pet custody matters that may arise at the time of divorce or separation; pets fall within divorce financial proceedings. However, they have the unique nature of living and sentient property, which has interests. In this perspective, the best interest of the nonhuman animal should always be taken into account. Nonetheless, the law lacks definitive standards, and the ways in which courts construe contractual disputes involving nonhuman animals that relate to custody disputes in marital or other relationships do not always take into consideration the unique nature of this living and sentient property. This article provides an examination of the current Italian legal system and of Italian case law related to this matter.


2013 ◽  
Vol 3 (2) ◽  
pp. 103
Author(s):  
MA. Ilir Bejta ◽  
MSc. Elvira Fetahu

It is like a circle, using business to build social integration and using social integration to increase competitiveness in the labour market for the Albanian ethnic immigrant minorities, increasing as well their human capital capacities, especially bridging transnational on domestic products and brands in order to make it easier for those to internationalize. Consequently, it will valorise their social position in the societies they live and work.This paper addresses and analysis, as well as evaluates the role entrepreneurship has on the social development and social integration of the ethnic immigrant minorities and the increase of their attractiveness in the international labour market.The paper addresses also the reasons and factors impacting the emerging of ethnic immigrant entrepreneurship worldwide and in EU. It analyzes their role on the world entrepreneurship and economic system, the actual situation of ethnic immigrant minorities, their social networks and organizations emerged due to their role as a new force and human capital in these markets. In this framework, being a transnational bridge on the internationalization of their home country products and culture, the Albanian ethnic immigrant entrepreneurship, as the main focus group of this study, can increase its possibilities to be more competitive in the labour market.Economic integration induces immigrants to increase contacts and be part of economic networks and  social networks too, as well as improve, as a necessity deriving from the economic competition, their human capital capacities and capabilities getting use of international labour market. Considering economic and human capital development we will measure their impact on the social welfare and integration of the ethnic immigrant minority groups in the modern society (Albanians in Province of Milan, Italy).


2021 ◽  
Vol 14 (2) ◽  
pp. 127-136
Author(s):  
Pandu Hyangsewu ◽  
Mohammad Rindu Fajar Islamy ◽  
Muhamad Parhan ◽  
Risris Hari Nugraha

Kehadiran gadget ditengah-tengah masyarakat kontemporer dalam arus globalisasi berpotensi memberikan dua sisi yang berbeda, positif maupun negatif. Tantangan utama sistem pendidikan di Indonesia saat ini adalah bagaimana para praktisi pendidikan proses pembelajaran yang dapat menjaga moralitas dan religiusitas dalam diri generasi muda dari pengaruh buruk globalisasi tersebut. Penelitian ini bertujuan dalam rangka mengeksplorasi dampak penggunaan gadget terhadap sikap social behaviour mahasiswa di perguruan tinggi. Metode penelitian menggunakan pendekatan mix method dengan menggabungkan kualitatif melalui teknik wawancara dengan kuantitatif dengan teknik questioner. Pengumpulan data menggunakan teknik random sampling. Adapun partisipan pada riset ini sejumlah 75 orang. Lalu data yang ditemukan dilapangan dianalisis dan divalidasi oleh ahli. Hasil penelitian menunjukkan adanya relevansi koneksitas antara penggunaan gadget dengan perubahan dinamika perilaku sosial pada mahasiswa di perguruan tinggi. 43,80% mereka menghabiskan waktu lebih 10 jam perhari menggunakan gadget, Whatsapp menempati rangking pertama dalam pilihan platform, 45,90% lebih menyukai gadget dari pada aktivitas sosial, 83,80% memiliki ketergantungan terhadap gadget. Globalisasi menjadi salah satu faktor penyebab perubahan arus aktivitas dan pola pemikiran pada masyarakat modern khususnya generasi milennial.The Effects of Using Gadgets on Student Social Behaviour in Globalization DimensionsThe presence of gadgets during contemporary society in the flow of globalization provides two different sides, positive and negative. The main challenge of the education system in Indonesia today is how to start a learning process education that can maintain morality and religiosity in creating the bad effects of globalization. This study aims to explore the impact of using gadgets on the social behaviour attitudes of college students. The research method used a mixed approach method by combining qualitative through interview techniques with quantitative questionnaire techniques. Collecting data using random sampling techniques as participants in this research several 75 people. Then the data found in the field are analysed and validated by experts. The results showed the relevance of the connectivity between the use of gadgets and changes in the dynamics of social behaviour in college students. 43.80% of them spend more than 10 hours using gadgets, WhatsApp has been ranked first in the choice of platform, 45.90% prefers gadgets to social activities, 83.80% have a dependency on gadgets. Globalization is one of the factors causing changes in the flow of activities and thought patterns in modern society, especially the millennial generation


2021 ◽  
Vol 2021 (2) ◽  
pp. 327-345
Author(s):  
JC Sonnekus

Breach of promise by a betrothed is not met with the same sanctions as breach of contract. The disappointed previously engaged party cannot approach the court for an order against the other party for specific performance. The erstwhile future spouse cannot be compelled to enter into the envisaged marriage relationship notwithstanding the doubt that surfaced about the everlasting joyous nature of this union. For the same reason, no claim for positive interest as damages will be honoured by a court. The deserted betrothed cannot claim half of the estate of the other party because she was under the impression that the marriage would have been in community of property. The unavailability of these categories of remedies indicates that the foundation of an engagement agreement should not be seen as a contract between the parties to enter into a legal relationship which will entitle them to reciprocal claims for performance. It must rather be classified as a factual relationship between two parties that is recognised in law and therefore carries consequences. A betrothed cannot simultaneously be engaged to more than one prospective future spouse in a legal system that only recognises a monogamous marriage. The unsavoury conduct of the guilty party who breached the promise to marry on the proverbial steps of the church, is, however, often the cause of damage and hardship for the innocent party and may also cause prejudice to her family when they have indebted themselves for the prospective marriage. The disappointed previous fiancée may have incurred significant costs for the bridal lay-out, the wedding feast and the intended honeymoon, but it may also include the loss of a previous job opportunity or the burdening of the claimant with the cost of a new dwelling that would not otherwise have been encountered. Common law recognised the need to reimburse the innocent party for such losses and also for the personal injury suffered if the breach occurred shortly before the marriage was supposed to be concluded or the conduct of the guilty party was especially harsh and impolite. Harbouring bad manners comes at a cost. In this contribution the historical development of the applicable claims is discussed by way of comparison with other legal systems in order to define the underlying foundation of the claims as recognised in South African law. In principle, claims founded on the actio legis Aquiliae as well as the actio iniuriarum should be available, provided the various requirements for the remedy can be met. It is questioned whether there is any truth in the premise that the continued recognition of such a delictual claim will endanger the value of marriage as a binding institution in modern society and that this excuse justifies the demise of the sanctions against such a delict in some modern societies. The well-known proverb ubi ius ibi remedium also indicates that as long as the delictual conduct of the unreliable suitor is recognised as unacceptable conduct, private law should provide a suitable remedy to the injured subject. It is presumed that parties who decided mutually to become betrothed represent to each other and to third parties that they intend to enter into marriage as a lifelong relationship and that all concerned may act according to this representation of their mutual intent. Should any of the parties experience a serious change of heart and repudiate the agreement, the other may claim for any damage suffered as a result of the breach with the actio legis Aquiliae. In addition, the contumely conduct entitles the aggrieved party to claim solatium for the injury to her personality rights. Although the claims founded in the breach of promise are often referred to as contractual claims, the case law displays many examples where the claimant for the wasted damages caused by the delictual behaviour happened to be the parents or guardian of the party left in the lurch, notwithstanding the fact that the defendant did not enter into a contract with them as the future in-laws. This points to the fact that the remedy is a delictual and not a contractual remedy and founded in the breach of trust.


2010 ◽  
Vol 439-440 ◽  
pp. 772-777
Author(s):  
Jin Yu Wei ◽  
Xin Li ◽  
Ran Bi

Human resource management's objective, is to maximize the return on investment from the organization's human capital and minimize financial risk. The position of it is more and more important in modern society. This study introduced an effective method to evaluate factors that effect on human resource management. Fuzzy ANP method was introduced in detail, and it was used to compute the weights of each factor of the model.


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