Verantwortlichkeit bei waldtypischen Gefahren: Beispiele aus der Gerichtspraxis

2016 ◽  
Vol 167 (2) ◽  
pp. 82-89
Author(s):  
Michael Bütler
Keyword(s):  
Dead Wood ◽  
Personal Responsibility ◽  
Forest Policy ◽  
Legal Practice ◽  
Protective Measures ◽  
Legal Case ◽  
Legal Situation ◽  
Forest Users ◽  
The One ◽  
Liability Risks

Responsibility for forest-linked dangers: examples from legal practice According to the Forest Policy 2020 of the Federal Council the share of old and dead wood should increase in Swiss forests. On the one hand, this is connected to positive ecological effects but on the other, to dangers, responsibilities and liability risks. Recent court and administrative decisions relating to accidents due to typical forest hazards such as falling trees and branches illustrate the legal situation for forest owners and enterprises as well as for forestry professionals. In the wooded environment near buildings and equipment there are obligations for the safety of traffic and passers-by. However, these obligations are limited by the reasonableness of protective measures and the personal responsibility of forest users. In this paper, the liability issue is illustrated by three legal case studies. The cases are assessed by the author, and the essential legal basis for liability is briefly summarized.

scholarly journals Фетвы ахуна Гумара Караша: муфтийат и правовые столкновения во Внутренней казахской орде в начале XX в.

Islamology ◽  
2017 ◽  
Vol 7 (2) ◽  
pp. 10
Author(s):  
Pavel Shablei
Keyword(s):  
Twentieth Century ◽  
Legal Culture ◽  
Russian Empire ◽  
The Other ◽  
Legal Practice ◽  
Legal Situation ◽  
Legal Opinions ◽  
The Russian Empire ◽  
The One ◽  
Personal Interests

The paper examines the peculiarities of the legal culture of Inner Kazakh Horde Muslims at the beginning of the 20th century. The key problem is the question of criteria for legality of fatwas. Despite the fact that the control over the issue of fatwas was the prerogative of the Mufti of the Orenburg Mohammedan Spiritual Assembly (OMDS = Muftiyat), in the regions of the Russian Empire there was a great variety in the implementation of such legal practice. In a number of cases, the ulema spread their own fatwas, ignoring the influence of the Muftiyat. One of these stories occurred in the Talovsky part of the Inner Horde, when the local ahun (ahund) Gumar Karash issued five fatwas. Part of the Kazakh society, including ukaznoy mullahs, took such actions as a challenge to their own authority. Pursuing personal interests, influential Kazakhs appealed to the UMDS with a request to check whether the legal opinions of Karash correspond to the Sharia. The position of the OMDS was determined by qadi Ginayatullah Kapkaev. According to his decision, one of the fatwas of the Kazakh Ahun did not conform to the doctrinal principles of the Hanafi madhhab. Analyzing this story, I come to the conclusion that, on the one hand, the indication of the illegality of fatwas was an instrument of power and manipulation among local Kazakhs; on the other hand, the clashes between the akhun and the OMDS indicate the existence of different approaches to understanding of the legal situation. In other words, disagreements arose on the basis of how to measure the doctrinal requirements of Hanafism with regional characteristics. Being unable to challenge the credibility of the legal sources of Karash, the OMDS accused Kazakh ahun of departing from the maturidic aqida and of mutazili propaganda. The paper is mainly based on archival materials. In addition, Arabic sources published in Muslim periodicals and books in Kazakh and Tatar of the early twentieth century are used.

scholarly journals Фетвы ахуна Гумара Караша: муфтийат и правовые столкновения во Внутренней казахской орде в начале XX в.

Islamology ◽  
2017 ◽  
Vol 7 (2) ◽  
pp. 10
Author(s):  
Pavel Shablei
Keyword(s):  
Twentieth Century ◽  
Legal Culture ◽  
Russian Empire ◽  
The Other ◽  
Legal Practice ◽  
Legal Situation ◽  
Legal Opinions ◽  
The Russian Empire ◽  
The One ◽  
Personal Interests

The paper examines the peculiarities of the legal culture of Inner Kazakh Horde Muslims at the beginning of the 20th century. The key problem is the question of criteria for legality of fatwas. Despite the fact that the control over the issue of fatwas was the prerogative of the Mufti of the Orenburg Mohammedan Spiritual Assembly (OMDS = Muftiyat), in the regions of the Russian Empire there was a great variety in the implementation of such legal practice. In a number of cases, the ulema spread their own fatwas, ignoring the influence of the Muftiyat. One of these stories occurred in the Talovsky part of the Inner Horde, when the local ahun (ahund) Gumar Karash issued five fatwas. Part of the Kazakh society, including ukaznoy mullahs, took such actions as a challenge to their own authority. Pursuing personal interests, influential Kazakhs appealed to the UMDS with a request to check whether the legal opinions of Karash correspond to the Sharia. The position of the OMDS was determined by qadi Ginayatullah Kapkaev. According to his decision, one of the fatwas of the Kazakh Ahun did not conform to the doctrinal principles of the Hanafi madhhab. Analyzing this story, I come to the conclusion that, on the one hand, the indication of the illegality of fatwas was an instrument of power and manipulation among local Kazakhs; on the other hand, the clashes between the akhun and the OMDS indicate the existence of different approaches to understanding of the legal situation. In other words, disagreements arose on the basis of how to measure the doctrinal requirements of Hanafism with regional characteristics. Being unable to challenge the credibility of the legal sources of Karash, the OMDS accused Kazakh ahun of departing from the maturidic aqida and of mutazili propaganda. The paper is mainly based on archival materials. In addition, Arabic sources published in Muslim periodicals and books in Kazakh and Tatar of the early twentieth century are used.

Waldpolitischer Jahresrückblick 2013

2014 ◽  
Vol 165 (5) ◽  
pp. 105-112
Author(s):  
Willi Zimmermann
Keyword(s):  
Spatial Planning ◽  
Forest Policy ◽  
Federal Court ◽  
Annual Review ◽  
Lower Court ◽  
Forest Exploitation ◽  
Forest Law ◽  
Harmful Organisms ◽  
European Forest ◽  
The One

Annual review of forest policy 2013 At the federal level, forest policy in 2013 was marked by a high number of implementation tasks on the one hand, and by the preparation of a renewed revision of the Forest Law on the other hand. The latter involved not only formal changes to individual legal articles, but also new regulations to protect against dangerous and harmful organisms, about the advancement of timber production and climate change adaptation. The traditional implementation tasks in 2013 included the approval of the budget, the controlling of different program agreements, the processing of parliamentary interventions as well as providing diverse documents. Particularly noteworthy this past year was a Federal Court decision, which, in contradiction to the cantonal lower court, classified test-drilling in a forest as a disadvantageous non-forest exploitation that requires authorization. At the international level, the adoption of a European Forest Convention was hindered primarily because the decision about the location of the secretariat stalled. In terms of forest-relevant policies, particularly spatial planning and energy policy can be expected to have noticeable effects on forests.

Lxxix: Conrad's Revision of “the Lighthouse” in Nostromo

PMLA ◽  
1937 ◽  
Vol 52 (4) ◽  
pp. 1183-1190
Author(s):  
George W. Whiting
Keyword(s):  
Dead Wood ◽  
The Other ◽  
Final Version ◽  
Fresh Material ◽  
The Dead ◽  
To Come ◽  
The One ◽  
Consummate Skill

To the student of writing and literature few inquiries are more interesting and valuable than that into an author's practices in revising his own work. To observe the various stages in the evolution of the final version, to note carefully an artist at his work of pruning the dead wood, adding fresh material, smoothing away harsh phrases, selecting just words, and letting light into obscure places—to do this is to come somewhat nearer to an understanding of what in spite of all analysis will remain essentially a mystery. Especially fascinating and instructive is the study of Conrad's revision, for here one sees a supreme artist at work. In his vigorous hewing and rebuilding there is conclusive proof of the artist's untiring industry and consummate skill. Conrad's revision of Nostromo is of particular interest, for this novel occupies a critical place in the evolution of Conrad's prose. Mr. Richard Curie has justly characterized the change that came over Conrad's prose—a change perceptible in the “Amy Foster” of Typhoon and fully marked in from Under Western Eyes onward. This evolution has smoothed away the cadence, has concentrated the manner, has toned down the style of Conrad's former exuberance. At first glance the later and the earlier Conrad appear two totally different men. The unruly splendor of the one has given way to the subtle and elastic suavity of the other … His earlier prose is sometimes uncertain, sometimes exaggerated, but his later prose has the uniform temper of absolute mastery.

scholarly journals Cybersecurity als Unternehmensleitungsaufgabe

2021 ◽  
Keyword(s):  
Cyber Security ◽  
Personal Data ◽  
Third Parties ◽  
Law School ◽  
The Other ◽  
Critical Infrastructures ◽  
Labour Law ◽  
Special Obligations ◽  
The One ◽  
Liability Risks

Cybersecurity is a central challenge for many companies. On the one hand, companies have to protect themselves against cyberattacks; on the other hand, they have special obligations towards third parties and the state in critical infrastructures or when dealing with personal data. These responsibilities converge with company management. This volume examines the duties and liability risks of management in connection with cyber security from the perspective of corporate, constitutional and labour law. The volume is based on a conference of the same name, which took place in cooperation with the Friedrich Naumann Stiftung für die Freiheit on 23 and 24 October 2020 at Bucerius Law School in Hamburg. With contributions by Andreas Beyer, Marc Bittner, Alexander Brüggemeier, Anabel Guntermann, Katrin Haußmann, Dennis-Kenji Kipker, Christoph Benedikt Müller, Isabella Risini, Darius Rostam, Sarah Schmidt-Versteyl and Gerald Spindler.

scholarly journals Contactless Thermal Detection System

2020 ◽  
Author(s):  
Naman Gupta ◽  
Chhavi Vishnoi ◽  
Zamin Ahmed
Keyword(s):  
Detection System ◽  
Positive Patient ◽  
Public Places ◽  
Protective Measures ◽  
Safety Measures ◽  
Thermal Detection ◽  
The One

<div>In this COVID-19 pandemic situation as we know Offices are partially opened and</div><div>Schools and Colleges are about to open. So we have to face the situation with the</div><div>possible measures to reduce the spreading of the COVID19. We have to move on by</div><div>implementing strong protective measures while trying to keep the economy going.</div><div>According to WHO Some of most common ways to protect ourselves from COVID19 are</div><div>as follows:</div><div>● Take care in your workplaces.</div><div>● Take care of physical distancing.</div><div>● Take care to spread the word not the virus.</div><div>● What to consider for health before opening the workplace</div><div>● Take care of sanitization</div><div>● Take care of yourself.</div><div>In these most common and preferable ways to protect ourselves is Proper Screening</div><div>and if something went wrong in this then proper precautions.</div><div>So while the time of screening the one who is checking the temperature of everyone</div><div>can be more in danger, and this can also lead to more spread of virus. Because if while</div><div>screening someone who is Positive, the one who is screening the positive patient can</div><div>also get affected and after that he can affect more people by just screening them.</div><div>So at this time we need to find the alternative for screening everyone contactlessly. For</div><div>this we came up with a solution that is Contactless Thermal Detection which is made</div><div>with all the safety measures for the Organization or any public places where we</div><div>screening for temperature is needed for Covid. With this Employees, Workers,</div><div>Students, Teachers can record their temperature while entering their respective</div><div>workplaces contactlessly.</div>

scholarly journals ZNACZENIE SAMORZĄDÓW W OCHRONIE ZABYTKÓW. PROPOZYCJE ZMIAN

2016 ◽  
pp. 71-76
Author(s):  
Małgorzata Gwiazdowska
Keyword(s):  
Local Government ◽  
Historic Preservation ◽  
State Government ◽  
Complete Solution ◽  
Regional Scale ◽  
Legal Regulations ◽  
Administration System ◽  
Legal Situation ◽  
Government Body ◽  
The One

Changes made to the administration system in Poland in the years 1989–1990 were aimed at decentralising state government and increasing the importance of local government bodies. The author of this article reckons that this idea has not been reflected in the Polish body of law yet. There are no legal regulations provided in the provisions of law – not only in terms of the legal situation of historic preservation offices but also with regard to deciding what should fall under the authority of local government bodies. Scope of duties of local government historic preservation officers working in separate offices should be similar to the one that individual departments have. Moreover, authority should no longer be granted on discretionary basis. A principle should be therefore formulated that everything what comes within the competence of historic preservation officers must comply with statutory legislation. If a local government body wants to be delegated either full or partial authority, it should prove that it has both organisational and financial capacity to exercise it. We should therefore work towards a complete solution which would be practical and possible to adopt on both state and regional scale.

scholarly journals Juridical Activities in the Digital Age: A Concept, Content, Forms

2021 ◽  
Vol 16 (6) ◽  
pp. 21-30
Author(s):  
A. V. Kornev
Keyword(s):  
Communication Systems ◽  
Human Life ◽  
Human Interaction ◽  
Legal Practice ◽  
Dual Nature ◽  
Information And Communication ◽  
Legal Forms ◽  
The One ◽  
Definition Of ◽  
The Impact

The paper examines activity as the most important component of human life. The author elucidates the features of activity from the standpoint of various fields of knowledge: philosophy, psychology, sociology. The preference is given to the activity approach, which is based on the category of “substantive activity.” It is substantive in nature and does not simply define the activity as human interaction with the outside world, but reflects the changes that constitute the result of human activity. Various aspects of theoretical and practical activity are touched upon on the example of legal activity, which is of a complex intellectual nature. Legal activity is often characterized through legal practice — one of the varieties of social practices. Some similarities of these categories are reflected, as well as differences between them. The paper gives the author’s definition of legal activity focused on professional legal activity. The definition cannot claim to be universal due to various types of professional legal activity. Nevertheless, it is specified that professional legal activity is always an activity carried out on the basis of law, in legal forms; it is aimed at achieving the goals determined by law. The author demonstrates the impact of digital technologies on various types of legal activities. Especially in the conditions of the pandemic when traditional forms of communication have given way to virtual ones. It is noted that this influence is of a dual nature, that is, on the one hand, it increases the efficiency of communications, and, on the other hand, it leads to some risks and problems, in particular, against the background of the fact that a significant part of our population still does not have access to modern information and communication systems.

Krąg rodziców i dzieci uprawnionych do posiadania karty dużej rodziny a konstytucyjna zasada równości wobec prawa

2015 ◽  
pp. 137-153
Author(s):  
Filip Dziedzic
Keyword(s):  
Large Family ◽  
Time Limit ◽  
The Other ◽  
Constitutional Principle ◽  
Legal Situation ◽  
The Family ◽  
The Subject ◽  
Large Families ◽  
The One ◽  
The Right

The subject of the article is the justification of the thesis that the differentiation of the legal situation of parents on the basis of the Act on the Large Family Card, who have established a family with at least three children violates the constitutional principle of equality before the law. On the one hand some parents are entitled to use the card without any time limit, and on the other hand there is a group of parents who also have large families, but are totally deprived of the right. According to the author of the article, the diversity does not represent any constitutionally protected value and the discrimination occurs due to the unlimited duration of the right to own the Card by eligible parents. The result of the above, as well as the fourth (another) child’s right to the Card depending on holding the Card by the parent, is discriminatory for the children born as the fourth (next) child in the family. The article is also an attempt to answer the question which way would be the best to remove the above-mentioned discrimination thus making it most coherent with the objective and content of the analyzed regulation.

Structural design of Revolving Entrance Doors

2019 ◽  
Author(s):  
Barbara Siebert ◽  
Andreas Haese
Keyword(s):  
Structural Design ◽  
Large Scale ◽  
Glass Structure ◽  
Point Of View ◽  
Structural Safety ◽  
Electrical Safety ◽  
Earthquake Loads ◽  
Revolving Doors ◽  
Legal Situation ◽  
The One

<p>Revolving entrance doors - usually built as some kind of all glass structure - are part of many publicly accessible buildings. As the architectural demands rise regarding transparency and slenderness of façade members, the entrance doors have to and do go along with these demands. But even if the façade is designed carefully and verified according all relevant standards, the revolving doors are usually considered as a machine, coming with some certificate. This point of view is mostly shared by the manufacturer and the basis for the call for proposals. The certificates provided by the door manufacturer considers the electrical safety, the safety aspects for people handling and using the doors regarding the risk of persons being jammed or hit by the turning door leaves, but not the structural safety of the door system in means of resistance to live, dead, wind or earthquake loads. If we look at the design and verification effort made for standard façade elements, even windows on the one hand, and the different failure consequences for windows and revolving doors on the other hand, it becomes obvious that especially to non-standard and large-scale doors should be paid some attention regarding its structural safety. Below the legal situation of revolving doors is considered in the European context and two quite different examples of revolving doors are discussed regarding their structural assessment.</p>

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