scholarly journals Issuance of a certificate of the right to publish notary activities: regulatory aspect

2021 ◽  
Vol 1 (1) ◽  
pp. 114-119
Author(s):  
Volodymyr Kiyan ◽  
Yulia Soloshenko
Keyword(s):  
Analytical Description ◽  
Real Activity ◽  
Public And Private ◽  
Practical Research ◽  
Regulatory Aspect ◽  
The Moment ◽  
The Right ◽  
Professional Capacity

The article deals with problem of scientific and practical research of the grounds for obtaining / refusing to obtain a certificate of the right to engage in notarial activities. The article constructs a descriptive and analytical description of the key procedures for obtaining / refusing to obtain a certificate of the right to engage in notarial activities. The analysis of the current Ukrainian legislation in the field of notaries proves that this document confirms only the possibility (right) to engage in notarial activities. As a result of the study, it has been concluded that obtaining a certificate of the right to engage in notarial activities allows you to acquire the position of notary or obtain a registration certificate of registration of private notarial activities. This makes it possible to talk about the professional capacity and professional capacity of the notary. Professional capacity of a notary (right / opportunity to work as a notary) arises from the moment of obtaining a certificate of the right to engage in notarial activities, while professional capacity arises from the moment of obtaining a position by order (for public notaries) or registration certificate (for private notaries). Real activity for public and private notaries is spread from the moment of receiving the relevant positions in state notary offices and the registration meeting of registration of private notarial activity. Some procedural nuances are the results of the research and make up the analysis of the subjects in this article.

scholarly journals DIREITO FUNDAMENTAL DIFUSO DE ACESSO DAS PESSOAS COM DEFICIÊNCIA A ESPAÇOS URBANOS E SUA TUTELA JURÍDICA COLETIVA

2019 ◽  
Vol 2 (55) ◽  
pp. 328
Author(s):  
Flávia Piva Almeida LEITE ◽  
Rui Carvalho PIVA
Keyword(s):  
Urban Areas ◽  
Social Inclusion ◽  
Legal Protection ◽  
People With Disabilities ◽  
Urban Spaces ◽  
Public And Private ◽  
Legal Guardianship ◽  
Decent Life ◽  
The Moment ◽  
The Right

RESUMO Esse artigo jurídico trata de um dos temas mais relevantes do momento das pessoas com deficiência e de suas famílias que vivem nos espaços urbanos brasileiros.O acesso das pessoas com deficiência aos espaços urbanos é um direito com expresso reconhecimento legal e esse direito vem sendo considerado como caminho indispensável para a inclusão social dessas pessoas. Acesso e inclusão, que tiveram suas trajetórias de consideração e inclusão na legislação da Organização das Nações Unidas e do Brasil, sempre foram considerados sob a ótica de direitos individuais, sendo certo que a busca de suas efetivações ocorriam por meio dos instrumentos processuais igualmente individuais, ou seja, ações civis para cumprimento de obrigação de fazer e para apuração de danos materiais e morais provocados por entidades públicas e particulares. Uma nova abordagem jurídica para esta situação de descumprimento do comando legal permitiu a identificação do direito de acesso das pessoas com deficiência aos espaços urbanos como sendo um direito fundamental, porque as previsões que o asseguram preservam a dignidade dessas pessoas e o direito à vida digna é um direito fundamental, e permitiu também a sua identificação como um direito difuso, por ser um direito transindividual, de natureza indivisível, cujos titulares são pessoas indeterminadas e ligadas por circunstância de fato. Sendo assim, a sua tutela jurídicapode ser efetivada por meio da poderosa ação civil pública, o que representa uma ampliação respeitável das possibilidades de acesso e inclusão para as pessoas com deficiência aos espaços urbanos. PALAVRAS-CHAVE: Acessibilidade; Espaços urbanos; Direito Fundamental Difuso; Pessoa com deficiência; Tutela Jurídica coletiva. ABSTRACT This legal article deals with one of the most relevant issues of the moment for people with disabilities and their families living in Brazilian urban spaces. The access of people with disabilities to urban spaces is a right with express legal recognition and this right is being considered as an indispensable way for the social inclusion of these people. Access and inclusion, which had their consideration and inclusion trajectories in the legislation of the United Nations and Brazil, they have always been considered from the perspective of individual rights, being certain that the search for its effectiveness occurred through the equally individual procedural instruments, that is, civil actions to fulfill the obligation to do and to ascertain material and moral damages caused by public and private entities. A new legal approach at this situation of non-compliance with the legal command identified the right of access of disabled people to the urban areas as a fundamental right, because the predictions that ensure preserve the dignity of such persons and the right to decent life is a fundamental right, and also allowed its identification as a diffuse right, because it is a transindividual right, of an indivisible nature, whose holders are indeterminate persons and connected by de factual circumstance. Thus, its legal protection can be effected through the powerful public civil action, which represents a respectable increase in the possibilities of access and inclusion for people with disabilities in urban spaces. KEYWORDS: Accessibility; Urban spaces; Diffuse Fundamental right; Disabled person; Collective legal guardianship.

scholarly journals A releitura da privacidade: do “direito de ser deixado só” ao direito à autodeterminação informativa / A New Understanding of Privacy: From the Right to Be Alone to the Informative Self-Determination

2016 ◽  
Vol 5 (2) ◽  
pp. 185-196
Author(s):  
Kalline Carvalho Gonçalves Eler
Keyword(s):  
Human Dignity ◽  
Current System ◽  
Legal Protection ◽  
Primary Objective ◽  
Fundamental Rights ◽  
Public And Private ◽  
The Right To Privacy ◽  
Surveillance Society ◽  
The Moment ◽  
The Right

ABSTRACTIn the universe of technologically advanced societies, the respect for privacy as a fundamental right presents an increasingly urgent requirement, whereas the right to privacy, in the current system of fundamental rights, it is essential to human  dignity.  It  is  urgent,  in  this  context,  to  inquire  about  the  construction  of  a  new  constitutionalism  of  the  electronic space  in  which  privacy  protection  will  constitute  an  essential  right  in  the  consolidation  of  social  identity,  and  therefore, social  dignity.  The  technology,  despite  allowing  the  construction  of  a  private  sphere  more  diversified,  paradoxically,  becomes more vulnerable in the moment as its’ exposure becomes constant. It justifies the growing need for a further strengthening  of  the  legal  protection  of  privacy  so  that  the  Principle  of  Human  Dignity  is  effectively  implemented.  The  primary objective  of  this  research  is  to  seek  a  new  valuation  of  human,  social  and  juristic  scientific  and  technological  innovations used by public and private institutions, having as imperative the equal social dignity. To attain this end, it will be adopted the Civil Constitutional Law’s methodology, taking as theoretical framework privacy in surveillance society, an object theme of deep studies by the Italian jurist Stefano Rodotà.RESUMONo universo das sociedades tecnologicamente avançadas, o respeito à privacidade como direito fundamental apresenta-se como uma exigência cada vez mais urgente, visto que o direito à privacidade, no sistema atual de direitos fundamentais, revela-se essencial à própria dignidade humana. Urge, nesse contexto, a necessidade de se perquirir acerca da construção de um novo constitucionalismo do espaço eletrônico, no qual a proteção da privacidade venha a se constituir em um direito essencial na consolidação da identidade social, e, portanto, da dignidade social. A tecnologia, apesar de possibilitar a construção de uma esfera privada diversificada, paradoxalmente, a torna mais vulnerável a partir do momento em que sua exposição torna-se constante. Justifica-se, assim, a necessidade de um maior fortalecimento da proteção jurídica da privacidade a fim de que o Princípio da Dignidade da Pessoa Humana seja efetivamente concretizado. O objetivo precípuo deste trabalho está em buscar uma nova valoração humana, social e jurídica das inovações científicas e tecnológicas utilizadas pelas instituições públicas e privadas, tendo-se por imperativo a igual dignidade social. Para persecução deste fim, foi adotada a metodologia do Direito Civil Constitucional, tomando-se por marco teórico a privacidade na sociedade de vigilância, tema objeto de profundos estudos do jurista italiano Stefano Rodotà.

scholarly journals A Significant Moment in History: A Virtual Living Lab. LifeStyle Narratives That Are Shaping Our World; the Cases of Japan and UK 2019–2020

2020 ◽  
Vol 12 (22) ◽  
pp. 9658
Author(s):  
Chris D. Beaumont ◽  
John Ricketts
Keyword(s):  
Life Experiences ◽  
Behavioural Change ◽  
Private Institutions ◽  
Mass Communications ◽  
Public And Private ◽  
Policy Makers ◽  
Living Lab ◽  
The Moment ◽  
The Uk ◽  
The Right

2020 will go down in history as a tipping point when societies reassessed the fundamental objectives and principles that they had seen their communities develop. As a basis for investigating a broad sense of LifeStyle by Design, some 20 potentially rich narratives are used as the basis for these empirical analyses. They are our Virtual Living Lab at a time of unparalleled attitudinal and behavioural change and uncertainty. Social sharing is more authentic and trustworthy than traditional forms of mass communications. We explore our narratives in the UK and Japan and draw novel yet consistent, scalable implications for policy makers and public and private institutions alike. We track what people think is important to them and thus lay a foundation for engagement, in contrast to the traditional advertising communications approach of intrusion. Some of the new behaviours may become permanent, but there is a general need to streamline and simplify. People are against the complex, not because they want a simple life but because they want more time to enjoy enriched life experiences. At times of change, especially when uncertainty can bring negative outcomes, it is critical to be able to know what to say and how to say it so that leaders can establish trust and the right tone for the moment.

Would you Make the Right Decision? – Decision Making Biases in Economy - Related Dilemmas

2018 ◽  
Vol 9 (1) ◽  
pp. 59-66
Author(s):  
Zsuzsanna Gödör ◽  
Georgina Szabó
Keyword(s):  
Decision Making ◽  
Online Survey ◽  
Framing Effect ◽  
Economic Knowledge ◽  
Bank Account ◽  
Financial Decisions ◽  
Hungarian Population ◽  
The Moment ◽  
The Right ◽  
Decision Making Biases

Abstract As they say, money can’t buy happiness. However, the lack of it can make people’s lives much harder. From the moment we open our first bank account, we have to make lots of financial decisions in our life. Should I save some money or should I spend it? Is it a good idea to ask for a loan? How to invest my money? When we make such decisions, unfortunately we sometimes make mistakes, too. In this study, we selected seven common decision making biases - anchoring and adjustment, overconfidence, high optimism, the law of small numbers, framing effect, disposition effect and gambler’s fallacy – and tested them on the Hungarian population via an online survey. In the focus of our study was the question whether the presence of economic knowledge helps people make better decisions? The decision making biases found in literature mostly appeared in the sample as well. It proves that people do apply them when making decisions and in certain cases this could result in serious and costly errors. That’s why it would be absolutely important for people to learn about them, thus increasing their awareness and attention when making decisions. Furthermore, in our research we did find some connection between decisions and the knowledge of economics, people with some knowledge of economics opted for the better solution in bigger proportion

JUSTICE AND SOCIAL CHANGE FOR INCLUSIVE EDUCATION IN INDONESIA AND ASEAN FOR DISABLED PERSONS (STUDY ON PEOPLE AFFECTED BY LEPROSY)

2017 ◽  
Vol 1 (1) ◽  
pp. 1-5
Author(s):  
Nuah Perdamenta Tarigan ◽  
Christian Siregar ◽  
Simon Mangatur Tampubolon
Keyword(s):  
Inclusive Education ◽  
Local Governments ◽  
Disabled Persons ◽  
Equal Rights ◽  
Central Java ◽  
The People ◽  
Asean Countries ◽  
The Government ◽  
The Moment ◽  
The Right

Justice that has not existed and is apparent among the disabilities in Indonesia is very large and spread in the archipelago is very large, making the issue of equality is a very important thing especially with the publication of the Disability Act No. 8 of 2016 at the beginning of that year. Only a few provinces that understand properly and well on open and potential issues and issues will affect other areas including the increasingly growing number of elderly people in Indonesia due to the increasing welfare of the people. The government of DKI Jakarta, including the most concerned with disability, from the beginning has set a bold step to defend things related to disability, including local governments in Solo, Bali, Makassar and several other areas. Leprosy belonging to the disability community has a very tough marginalization, the disability that arises from leprosy quite a lot, reaches ten percent more and covers the poor areas of Indonesia, such as Nusa Tenggara Timur, Papua, South Sulawesi Provinces and even East Java and West Java and Central Java Provinces. If we compare again with the ASEAN countries we also do not miss the moment in ratifying the CRPD (Convention of Rights for People with Disability) into the Law of Disability No. 8 of 2016 which, although already published but still get rejections in some sections because do not provide proper empowerment and rights equality. The struggle is long and must be continued to build equal rights in all areas, not only health and welfare but also in the right of the right to receive continuous inclusive education.

The Right to Life

2018 ◽  
Author(s):  
Alison Brysk
Keyword(s):  
The Philippines ◽  
Private Sphere ◽  
Right To Life ◽  
Public And Private ◽  
Honor Killings ◽  
The Public ◽  
Gender Regimes ◽  
Sex Selective Abortion ◽  
Gender Based ◽  
The Right

Chapter 6 concerns denial of women’s right to life . The new frame of “femicide” has dramatically increased attention to gender-based killing in the public and private sphere, and encompasses a spectrum of threats and assaults that culminate in murder. The chapter follows the threats to women’s security through the life cycle, beginning with cases of “gendercide” (sex-selective abortion and infanticide) in India, then moving to honor killings in Turkey and Pakistan. We examine public femicide in Mexico and Central America—with comparison to the disappearance of indigenous women in Canada, as “second-class citizens” in a developed democracy. The chapter continues mapping the panorama of private sphere domestic violence in the semi-liberal gender regimes of China, Russia, Brazil, and the Philippines, along with a range of responses in law, public policy, advocacy, and protest.

Glosa do Wyroku Trybunału Konstytucyjnego z dnia 16 maja 2018 r., sygn. akt SK 18/17

2021 ◽  
Vol 4(165) ◽  
pp. 147-158
Author(s):  
Agnieszka Kawałko
Keyword(s):  
Family Relationship ◽  
Time Limit ◽  
Biological Origin ◽  
The Right To Know ◽  
Civil Status ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Moment ◽  
The Right ◽  
Age Of Majority

The commented ruling of the Constitutional Tribunal concerns the constitutionality of the provision of Article 70(1) of the Family and Guardianship Code, which provided that the time limit for a child to bring an action to deny the paternity of his or her mother’s husband is three years and runs from the moment the child reaches the age of majority, regardless of the child’s know-ledge of his or her biological origin, i.e. regardless of whether the child within that time limit acquired knowledge that he or she did not come from his or her mother’s husband and whether the child could decide to bring an action. The expiry of the three-year period resulted in the expiry of the child’s right to claim the denial of paternity of the mother’s husband and, consequently, precluded the possibility of a positive determination of the paternity of a man other than the mother’s husband. The Constitutional Tribunal found this provision to be inconsistent with Article 30 in conjunction with Article 47 in conjunction with Article 31(3) of the Constitution of the Republic of Poland. The author agrees with the position expressed by the Constitutional Tribunal in the judgment in question, which in this case provides a basis for consideration of the relationship between the right to know one’s biological origin and the value of stabilising the civil status of a child and persons remaining in an established family relationship with him or her.

scholarly journals Private Actors, Public Goods and Responsibility for the Right to Water in International Investment Law: An Analysis of Urbaser v. Argentina

2018 ◽  
pp. 1-24
Author(s):  
Edward Guntrip
Keyword(s):  
Water Supply ◽  
International Law ◽  
International Investment ◽  
Human Right ◽  
Public And Private ◽  
Foreign Investors ◽  
International Investment Law ◽  
Investment Law ◽  
The Right ◽  
Water Supply Services

International investment law balances public and private interests within the broader framework of international law. Consequently, when water supply services, which constitute a public good, are privatized and operated by foreign investors, questions arise regarding whether foreign investors could be held responsible for the right to water under international law. This article considers how the tribunal in Urbaser v. Argentina allocated responsibility for compliance with the right to water between the host State and the foreign investor when resolving a dispute over privatized water services. It highlights how the tribunal in Urbaser v. Argentina supports different understandings of public and private based on whether the human rights obligation is framed in terms of the duty to respect or protect. The article argues that the tribunal’s rationale overcomplicates the process of allocating responsibility for violations of the human right to water when water supply services have been privatized.

scholarly journals Lane Change Behavior on Freeways: An Online Survey Using Video Clips

2018 ◽  
Vol 2018 ◽  
pp. 1-11 ◽  
Author(s):  
V. L. Knoop ◽  
M. Keyvan-Ekbatani ◽  
M. de Baat ◽  
H. Taale ◽  
S. P. Hoogendoorn
Keyword(s):  
Online Survey ◽  
Simulation Models ◽  
Lane Changes ◽  
The Road ◽  
Video Clips ◽  
Road Capacity ◽  
Change Behavior ◽  
Instrumented Vehicle ◽  
The Moment ◽  
The Right

Freeways form an important part of the road network. Yet, driving behavior on freeways, in particular lane changes and the relation with the choice of speed, is not well understood. To overcome this, an online survey has been carried out. Drivers were shown video clips, and after each clip they had to indicate what they would do after the moment the video stopped. A total of 1258 Dutch respondents completed the survey. The results show that most people have a strategy to choose a speed first and stick to that, which is the first strategy. A second, less often chosen, strategy is to choose a desired lane and adapt the speed based on the chosen lane. A third strategy, slightly less frequently chosen, is that drivers have a desired speed, but contrary to the first strategy, they increase this speed when they are in a different lane overtaking another driver. A small fraction have neither a desired speed nor a desired lane. Of the respondents 80% use the right lane if possible, and 80% avoid overtaking at the right. Also 80% give way to merging traffic. The survey was validated by 25 survey respondents also driving an instrumented vehicle. The strategies in this drive were similar to those in the survey. The findings of this work can be implemented in traffic simulation models, e.g., to determine road capacity and constraints in geometric design.

Sign in / Sign up

Export Citation Format

Share Document