scholarly journals REASONABLENESS OF NOTARIAL ACTS AS A COMPONENT OF ENSURING STANDARDS OF LATIN NOTARIES: THE EXPERIENCE OF UKRAINE

2021 ◽  
Vol 5 (1) ◽  
pp. 1-15
Author(s):  
Victoria Barankova
Keyword(s):  
General Rule ◽  
Relevant Evidence ◽  
The Will

Background: This article is devoted to the study of the rules of notarial acts, the observance of which ensures the reasonableness of notarial acts as exemplified by Ukraine as a state belonging to the countries with Latin notaries. At the same time, the standardisation of Latin notary standards in Ukrainian legislation is associated with certain problems that do not fully reveal the potential of the notary and its functions as a body of undisputed civil jurisdiction. In this regard, the purpose of the work is to determine the components of the procedural mechanism to ensure the reasonableness of notarial acts, identify those shortcomings in their standardisation that lead to litigation, and formulate proposals for further improvement of notarial law on this basis. Methods: In the present research, we used the following methods: logical, systemic, specific sociological, hermeneutic, and modelling. It is established that the reasonableness of notarial acts is ensured by compliance with the rules on submission of evidence documents, requests for evidence documents by a notary, the signing of notarial documents, sending documents for examination, the compliance of documents submitted for notarial acts with statutory requests, and clarifying the will of the persons concerned. Results and Conclusions: It is proved that a notarial act issued based on the actual circumstances established within the notarial case, confirmed by the relevant evidence provided by the notarial legislation, should be considered reasonable. The grounds for exercising the powers of a notary to demand documents are determined, and the need to differentiate the order of recovery depending on the subjects in which such information is requested is emphasised. The content of the notary’s powers to request documents is clarified, and the conditions under which the exercise of such powers should be considered the notary’s duty are determined. The necessity of extending the duties of a notary to establish the will and real intentions of the persons concerned to all notarial acts and, in this regard, the standardisation of such a duty as a general rule of notarial acts is substantiated. It is concluded that the distinction between documents for which the originals are subject to preservation in the notarial file and those that are photocopied then returned to interested persons should be made, taking into account the loss or preservation of their validity and legal significance after said notarial action. The author determines the grounds and conditions for sending a document for examination, which is a procedural action of a notary that can be made only at the initiative or consent of the person who submitted the document. The proposals on the tendencies of standardisation of the content of the requirements of the validity of notarial acts and the consequences of their violation are formulated.

13 Termination of Agency

2016 ◽  
Author(s):  
Munday Roderick
Keyword(s):  
General Rule ◽  
The Will

This chapter considers both how agencies come to be terminated, and the effects of termination. In the ordinary course of events, as between principal and agent, an agency will come to an end because the parties so wish it. As a general rule, parties whose legal relations derive from agreement are at liberty to release one another from their obligations. Certain agencies, however, are treated as irrevocable, and cannot be freely revoked. An agency may also be terminated by operation of law, independently of the will of the parties. These two species of liability are therefore treated separately in this chapter.

Life Insurance Offices and Suicide

1861 ◽  
Vol 7 (37) ◽  
pp. 107-120
Author(s):  
J. G. Davey
Keyword(s):  
Mental Disease ◽  
General Rule ◽  
Brain Disorder ◽  
Life Assurance ◽  
Conduct Of Life ◽  
The Will ◽  
The Many ◽  
The Individual ◽  
Voluntary Character ◽  
The Brain

The remarks I have to offer for your consideration this evening relate to the subject of suicide, both in its medico-legal and social aspects. I am led to think that the every-day opinions entertained of suicide, its causes, &c., are altogether erroneous, and themselves a source of untruth and of much evil in society. If we will take the trouble to read the statements made in the newspaper press as to suicide and the parties implicated in the same, it is apparent that the act of self-destruction is, as a very general rule, viewed as one of a perfectly voluntary character—as one originating in the will—the normal will—of the individual most concerned. The world, so to speak, ignores the fact—the important fact—that every case of suicide is the accompaniment and consequence of a positive brain disorder, the effect of cerebro-mental disease. Need I add that a better acquaintance with psychological science—with the brain, its functions and diseased states—must, one day, cause this fact to be duly appreciated. Pending such a state of things, we must look for not only the false judgments of editors of public journals, but for the want of common justice on the part of Life Assurance Offices as towards their clients. I shall hope to prove to you, Mr. President, first, that the act of suicide is, at all times and under all circumstances, but one of the many indications of cerebro-mental disease—of, in one word, insanity; second, that the conduct of Life Assurance Societies towards their numerous clients, and in so far as suicide is concerned, is in all respects incompatible with an advanced psychology, and at variance with a due sense of right and common justice.

scholarly journals Nondimeno. Una nota sul linguaggio dell’eccezione e della circostanza nel Carteggio sforzesco

2021 ◽  
pp. 95-110
Author(s):  
Massimo Della Misericordia
Keyword(s):  
General Rule ◽  
The State ◽  
Huge Amount ◽  
Late Medieval ◽  
Key Word ◽  
Political Writing ◽  
The Will ◽  
The Law ◽  
The Government ◽  
Recent Monograph

On the basis of the recent monograph by C. Ginzburg and G. Pedullà’s review, it is possible to identify the word nondimanco/nondimeno (nonetheless) as an important element in Renaissance political writing. However, it does not only appear in the work of Machiavelli or Guicciardini and in the more conscious reflections by the intellectuals, but also in the huge amount of letters that constitute the government correspondence of the time. In these kinds of pragmatic texts, referring to the state of Milan in the Sforza age, it recurs as a key word of a dilemma: the friction between law and transgression (or exception considered legitimate) and also between law and practice. On one hand, it expresses an assumption invested in value: the duke must honor his promises and the contents of the chapters agreed on with his subjects; custom demands respect; factional divisions must be overcome. At the same time it reveals the concern that this principle could be trampled upon, or instead the will, if not the need, to attenuate the more general rule. This conjunction thus summarized the requirement to nuance the law, to adapt it to circumstance, and to conciliate potentially conflicting rights or reasons. In short, it stands as an indicator of one of the main causes of open tensions in the late medieval state, debated by a long tradition of scholars ranging from O. Brunner to R. Fubini: the opposition between the authority of the prince, as arbiter of the exception requested from time to time from the same variety of concrete situations, and the legalistic culture of the territorial bodies, which, referring to law and custom, tempted to stem the “extraordinary” powers that the duke was attributing to himself.

REPEATED VOTING AT THE ELECTIONS OF THE RUSSIAN GOVERNORS

2021 ◽  
Vol 17 (5) ◽  
pp. 121-126
Author(s):  
ROMAN MARKOV ◽  
Keyword(s):  
General Rule ◽  
Political Conflict ◽  
Election Campaigns ◽  
Gubernatorial Elections ◽  
The Past ◽  
Electoral Support ◽  
Significant Interest ◽  
The Will ◽  
Federal Center

The elections of the governors traditionally arouse significant interest among voters. As with other personalized votes, the winning candidate is required to provide absolute, not relative, support from the electorate. However, the practice that has developed over the past decade demonstrates the extremely rare use of repeated voting to determine the results of gubernatorial elections, and the few examples are rather an exception to the general rule. The above circumstances indicate the relevance of studying this aspect of the regional electoral process. Materials and methods. When preparing the article, federal and regional legislation, materials of election campaigns were analyzed. The main methods used are technical-legal, formal-legal, comparative-legal. Results. Repeated voting in elections of heads of governors is one of the mechanisms that ensure the full implementation of the will of voters, guaranteeing the election of the candidate with the greatest electoral support. However, some aspects of the legislation on gubernatorial elections, in particular, the limited number of subjects for nominating candidates and the procedure for supporting the nomination of candidates by elected officials of local self-government, entails a reduction in competition and, as a consequence, the determination of the results of voting in one round. A few episodes of re-voting, as a rule, were observed in regions that have either complicated relations with the federal center or an internal political conflict. Conclusions. Based on the results of the study, the expediency of liberalizing the requirements for the nomination and registration of candidates for the position of governor is substantiated.

scholarly journals NOTIFICATION OF ACCEPTANCE AND THE CONCLUSION OF A CONTRACT Withok Small Farms (Pty) Ltd v Amber Sunrise Properties 5 (Pty) Ltd 2009 2 SA 504 (SCA)

Obiter ◽  
2021 ◽  
Vol 31 (1) ◽  
Author(s):  
C-J Pretorius ◽  
R Ismail
Keyword(s):  
Supreme Court ◽  
General Rule ◽  
Small Farms ◽  
The Supreme Court ◽  
The Will ◽  
Will Theory ◽  
Court Of Appeal

It is a long-standing principle in our law that generally a contract is only concluded when the offeree notifies the offeror of acceptance and, consequently no contract arises if there is no notification of acceptance. This general rule is derived from the will theory, which requires not only coinciding expressions of intention (usually styled “offer” and “acceptance”), but also knowledge of the offeree’s acceptance by the offeror so that conscious agreement exists between the parties (consensus ad idem). However, the offeror may expressly or impliedly dispense with this requirement, since the offeror may prescribe the method by which his offer may be accepted by the offeree. It also seems that where there is doubt, “the presumption that the contract will be completed when the offeror comes to hear of the offeree’s acceptance, should prevail”. In the recent matter of Withok Small Farms (Pty) Ltd v Amber Sunrise Properties 5 (Pty) Ltd (2009 2 SA 504 (SCA)) the Supreme Court of Appeal had to decide the very issue of whether the offeror had dispensed with notification of acceptance by the offeree. The context in which the court had to decide this issue and the approach adopted raise some interesting issues for discussion.

scholarly journals XXXIII.—On the Minute Structure of Involuntary Muscular Fibre

1857 ◽  
Vol 21 (4) ◽  
pp. 549-557 ◽  
Author(s):  
Joseph Lister
Keyword(s):  
Human Body ◽  
General Rule ◽  
The Other ◽  
Muscular Fibre ◽  
Contractile Element ◽  
Short Intervals ◽  
The Will ◽  
Contractile Tissue

It has been long known that contractile tissue presents itself in the human body in two forms, one composed of fibres of considerable magnitude, and therefore readily visible under a low magnifying power, and marked very characteristically with transverse lines at short intervals, the other consisting of fibres much more minute, of exceedingly soft and delicate aspect, and destitute of transverse striæ. The former variety constitutes the muscles of the limbs, and of all parts whose movements are under the dominion of the will; while the latter forms the contractile element of organs, such as the intestines, which are placed beyond the control of volition. There are, however, some exceptions to this general rule, the principal of which is the heart, whose fibres are a variety of the striped kind.

Application Of Electron Probe Analyses Of Minerals In Discussing The Relationship Between Ductile Deformation And Metamorphism

1990 ◽  
Vol 48 (2) ◽  
pp. 250-251
Author(s):  
Fan Guochuan ◽  
Sun Zhongshi
Keyword(s):  
Chemical Composition ◽  
Shear Deformation ◽  
Electron Probe ◽  
General Rule ◽  
Granulite Facies ◽  
Ductile Deformation ◽  
Higher Temperature ◽  
Ductile Shear ◽  
The Relationship ◽  
Ductile Shear Deformation

Under influence of ductile shear deformation, granulite facies mineral paragenesis underwent metamorphism and changes in chemical composition. The present paper discusses some changes in chemical composition of garnet in hypers thene_absent felsic gnesiss and of hypersthene in rock in early and late granulite facies undergone increasing ductile shear deformation .In garnet fetsic geniss, band structures were formed because of partial melting and resulted in zoning from massive⟶transitional⟶melanocrate zones in increasing deformed sequence. The electron-probe analyses for garnet in these zones are listed in table 1 . The Table shows that Mno, Cao contents in garnet decrease swiftly from slightly to intensely deformed zones.In slightly and moderately deformed zones, Mgo contents keep unchanged and Feo is slightly lower. In intensely deformed zone, Mgo contents increase, indicating a higher temperature. This is in accord with the general rule that Mgo contents in garnet increase with rising temperature.

Response Interference as a Mechanism Underlying Implicit Measures

2008 ◽  
Vol 24 (4) ◽  
pp. 218-225 ◽  
Author(s):  
Bertram Gawronski ◽  
Roland Deutsch ◽  
Etienne P. LeBel ◽  
Kurt R. Peters
Keyword(s):  
Task Performance ◽  
Psychological Research ◽  
Implicit Measures ◽  
Mediation Model ◽  
Response Interference ◽  
Relevant Evidence ◽  
Moderated Mediation Model ◽  
Stimulus Features ◽  
Underlying Mechanisms

Over the last decade, implicit measures of mental associations (e.g., Implicit Association Test, sequential priming) have become increasingly popular in many areas of psychological research. Even though successful applications provide preliminary support for the validity of these measures, their underlying mechanisms are still controversial. The present article addresses the role of a particular mechanism that is hypothesized to mediate the influence of activated associations on task performance in many implicit measures: response interference (RI). Based on a review of relevant evidence, we argue that RI effects in implicit measures depend on participants’ attention to association-relevant stimulus features, which in turn can influence the reliability and the construct validity of these measures. Drawing on a moderated-mediation model (MMM) of task performance in RI paradigms, we provide several suggestions on how to address these problems in research using implicit measures.

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