scholarly journals Some issues of summary procedure in the 2015 Civil Code: A comparative perspective

2019 ◽  
Vol 2 (4) ◽  
pp. 14-21
Author(s):  
Trinh Tuan Anh ◽  
Luu Thi Thu Huong ◽  
Nguyen Thi Thanh Nha
Keyword(s):  
Comparative Law ◽  
Civil Code ◽  
The State ◽  
Comparative Perspective ◽  
Specific Guideline ◽  
Special Procedure ◽  
Summary Procedure

A summary procedure is understood as a special procedure simplifying the ordinary one to deal with civil disputes in a truncated process. This can help to reduce time and costs for the litigants and the State, cut down workload for the courts at all levels. However, since summary procedure is a new regulation which was first recorded in the 2015 Civil Code, its application has certain problems and therefore requiries specific guideline. The paper analyzes regulations on summary procedures in the 2015 Civil Code from the perspective of comparative law and suggests some recommendation for improvement.

Transiting into Singaporean identity: Immigration and naturalisation policy

2015 ◽  
Vol 13 (1) ◽  
pp. 33-48 ◽  
Author(s):  
Mathews Mathew ◽  
Debbie Soon
Keyword(s):  
Manpower Planning ◽  
The State ◽  
Comparative Perspective ◽  
Policy Discourse ◽  
Optimal Composition ◽  
Skilled Labour ◽  
Planning Policy ◽  
The Government ◽  
The Ideal

Debates in Singapore about immigration and naturalisation policy have escalated substantially since 2008 when the government allowed an unprecedentedly large number of immigrants into the country. This essay will discuss immigration and naturalisation policy in Singapore and the tensions that have been evoked, and how these policies are a key tool in regulating the optimal composition and size of the population for the state’s imperatives. It will demonstrate that although the state has, as part of its broader economic and manpower planning policy to import labour for economic objectives, it seeks to retain only skilled labour with an exclusive form of citizenship.  Even as the Singapore state has made its form of citizenship even more exclusive by reducing the benefits that non-citizens receive, its programmes for naturalising those who make the cut to become citizens which include the recently created Singapore Citizenship Journey (SCJ) is by no means burdensome from a comparative perspective. This paper examines policy discourse and the key symbols and narratives provided at naturalisation events and demonstrates how these are used to evoke the sense of the ideal citizen among new Singaporeans. 

Compensation for Infringement of Copyright and Related Rights: Essence and Primary Functions

2020 ◽  
Vol 5 ◽  
pp. 34-40
Author(s):  
N. V. Buzova ◽  
◽  
R. L. Lukyanov ◽  
Keyword(s):  
Russian Federation ◽  
Research Method ◽  
Comparative Law ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Remedy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Exclusive Right

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

Les chefs de cabinets ministériels au Québec: la transition du gouvernement libéral au gouvernement péquiste (1976–1977)

1981 ◽  
Vol 14 (2) ◽  
pp. 309-335 ◽  
Author(s):  
Micheline Plasse
Keyword(s):  
Decision Making ◽  
Civil Service ◽  
The State ◽  
Comparative Perspective ◽  
Decision Making Process ◽  
The Social ◽  
Economic Forces ◽  
The Government

This article first presents a brief survey of the role and functions filled by the personal aide (chef de cabinet) of a minister in Quebec. The analysis continues, in a comparative perspective, by tracing a sociological and professional portrait of the Liberal“chefs de cabinet” in April 1976 and their successors in the pequiste government in July 1977.We then test the hypothesis that the cleavage between the government and the dominant economic forces has increased since November 15, 1976 as a result of the ideology articulated by the“chefs de cabinet” regarding the social and economic aims of the state. This hypothesis was confirmed.The hypothesis that the pequiste“chefs de cabinet” exercise a more pronounced influence on the decision-making process is also confirmed. Nevertheless, one cannot argue that the pequiste“chefs de cabinet” usurped the power of the legislators; their influence is more political than technocratic. The growing influence of the pequiste“chefs de cabinet” neverthelsss helps to accentuate the tensions and conflicts between the higher civil service and the ministerial aides.

scholarly journals Voting Rights for Non-Citizens: The European Multilevel and the US Federal Constitutional Systems Compared

2011 ◽  
Vol 7 (3) ◽  
pp. 392-423 ◽  
Author(s):  
Federico Fabbrini
Keyword(s):  
State Level ◽  
Voting Rights ◽  
The State ◽  
Comparative Perspective ◽  
Federal System ◽  
Future Prospects ◽  
The Us ◽  
Comparative Methodology ◽  
Federal Constitutional ◽  
Regulatory Models

Voting rights – Citizens and aliens – European multilevel architecture – US federal system – Comparative methodology – Different regulatory models for non-citizens suffrage at the state level in Europe – Impact of supranational law – Challenges and tensions – Analogous dynamics in the US constitutional experience – Recent European legal and jurisprudential developments in comparative perspective – What future prospects for citizenship and democracy in Europe?

A European Perspective on Religion and Welfare: Contrasts and Commonalities

2012 ◽  
Vol 11 (4) ◽  
pp. 589-599 ◽  
Author(s):  
Grace Davie
Keyword(s):  
Social Policy ◽  
The State ◽  
Comparative Perspective ◽  
European Perspective ◽  
The Third ◽  
Effective Delivery ◽  
Delivery Of Services ◽  
Do So ◽  
West European

This article places the British material on religion and social policy in a comparative perspective. In order to do so, it introduces a recently completed project on welfare and religion in eight European societies, entitled ‘Welfare and Religion in a European Perspective’. Theoretically it draws on the work of two key thinkers: Gøsta Esping-Andersen and David Martin. The third section elaborates the argument: all West European societies are faced with the same dilemmas regarding the provision of welfare and all of them are considering alternatives to the state for the effective delivery of services. These alternatives include the churches.

The State and Democratization: The United States in Comparative Perspective

2004 ◽  
Vol 34 (2) ◽  
pp. 193-210 ◽  
Author(s):  
FRANCISCO E. GONZÁLEZ ◽  
DESMOND KING
Keyword(s):  
American Exceptionalism ◽  
The United States ◽  
The State ◽  
Comparative Perspective ◽  
Third Wave ◽  
Liberal Democracies ◽  
Historical Process ◽  
American Experience ◽  
The Common ◽  
Spatio Temporal

In this article we defend the importance of the concept of ‘stateness’ in scholarly understanding of political democratization. We argue that because processes of political democratization in different spatio-temporal settings often share important similarities they are therefore comparable. We investigate this proposition by comparing the process of American political democratization with those of other liberal democracies, old and new. We review extant accounts of the historical process of American democratization – including those addressing American exceptionalism, class structures, multiple traditions, social movements, and international pressures – before presenting an alternative comparative account based on the idea of stateness. Attention to stateness problems defined along legal, bureaucratic and ideological dimensions and derived from both the classic Weberian perspective on the state and the more recent ‘third wave’ of democratization theory help to place the long American experience of democratization in comparative perspective. This finding illuminates some of the common political challenges in the construction of liberal democracies, old and new.

scholarly journals The reaction to femicide in criminal law

Temida ◽  
2016 ◽  
Vol 19 (3-4) ◽  
pp. 431-451
Author(s):  
Ana Batricevic
Keyword(s):  
Violence Against Women ◽  
Criminal Law ◽  
Special Form ◽  
Comparative Law ◽  
The State ◽  
Criminal Offence ◽  
Global Problem ◽  
Efficient Suppression

Misogynous and sexist violence against women, which often results in death, represents a global problem. Numerous international and national legal instruments are dedicated to the prevention and sanctioning of violence against women. However, the reality implies that existing mechanisms of penal reaction to femicide, as its most extreme and brutal form, should be re-examined. Having in mind the frequency and severe consequences of this criminal offence and the discriminatory character of the message that the state sends by tolerating it or inadequately punishing its perpetrators, the author attempts to define femicide, to present basic forms of state reaction to femicide in comparative law as well as to analyze the features of femicide as an independent criminal offence. Arguing for the incrimination of femicide as an independent criminal offence, or as a special form of aggravated murder, the author points out that such solution could contribute to more precise observation of this form of crime, to a better estimation of the quality of the state? s reaction to it and to its more efficient suppression.

scholarly journals Marriage in Serbian law and in comparative perspective

2020 ◽  
Vol 54 (2) ◽  
pp. 545-560
Author(s):  
Gordana Kovaček-Stanić ◽  
Sandra Samardžić
Keyword(s):  
Historical Development ◽  
Statistical Data ◽  
Family Law ◽  
Comparative Law ◽  
Comparative Perspective ◽  
Opposite Sex ◽  
Marriage Formation ◽  
Formal Requirements ◽  
Domestic Law ◽  
Opposite Gender

According to the Serbian Family Act marriage is cohabitation between two persons of the opposite sex governed by the law. The same act, prescribes substantial and formal requirements for valid marriage. This paper aims to present a review of these requirements in domestic and comparative law as well. It analyzes each condition separately, giving an overview of their historical development and the way they are regulated today in different legal systems. According to domestic law, substantial requirements are the following: opposite gender, expression of will to get married, cohabitation and lack of marriage impediments. However, there is a tendency in the contemporary family law to reduce marriage impediments, which leads to the liberalization and facilitation of marriage formation. Since marriage is very often concluded in religious form, article also gives an overview of the ecclesiastical rules concerning marriage. Finally, it analyzes and compares statistical data concerning number of concluded marriages and divorces in Serbia thirty years ago and in present time.

scholarly journals PUNISHMENT FOR THE EXTRAORDINARY CRIME PERPETRATOR ON CHILDREN ECONOMIC EXPLOITATION IN INDONESIA COMPARISON OF LAW IN AUSTRALIA, SENEGAL AND ENGLAND

2019 ◽  
Vol 7 (3) ◽  
pp. 97-101
Author(s):  
Aristya Windiana Pamuncak
Keyword(s):  
Psychological Health ◽  
Public Perception ◽  
Comparative Law ◽  
The State ◽  
Positive Law ◽  
Economic Exploitation ◽  
The World ◽  
The Future ◽  
Study Child ◽  
Physical And Psychological Health

Purpose of Study: Child exploitation and slavery have become a new phenomenon of global crime because it occurred in every part of the world. The exploitation of infants and children in our public perception is underestimated because of cases subject to prosecution only mild and included unusual punishment. Methodology: This research was normative, in analyzing phenomena that occur in society, the authors attempted to answer some of the problems of the rule of positive law in Indonesia in solving the problems of exploitation of children, how to tackle the exploitation of children by other countries, and recommendations to resolve the problems of exploitation against children. Results: Exploitation crimes against children or slavery more appropriately included as an extraordinary crime committed against children, because such measures will not only affect the physical and psychological health but also will greatly affect the future of children and the future of a nation. Implications/Applications: Comparative law between the State of Australia, Senegal, and England, can be recommended for the legislature to make the formulation of regulations on the handling of the exploitation of children more effectively and quickly.

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