Distinction Criteria and Legal Issues on Dispatch and Labor Supply of Other Forms in relation to Third Parties

2018 ◽  
Vol 29 (2) ◽  
pp. 385-410
Author(s):  
Gi Taek Yun
Keyword(s):  
Labor Supply ◽  
Third Parties ◽  
Legal Issues

Overview of Legal Issues in Psychiatry

2017 ◽  
Author(s):  
Tracy D. Gunter
Keyword(s):  
Risk Assessment ◽  
Decision Making ◽  
Forensic Psychiatry ◽  
Medical Decision Making ◽  
Third Parties ◽  
Legal Issues ◽  
Medical Decision ◽  
Patient Relationship ◽  
Treatment Provider ◽  
Regulatory Issues

Psychiatrists routinely encounter legal and regulatory issues in the practice of psychiatry. This review provides an overview of the psychiatrist’s duties and responsibilities in the doctor-patient relationship and common legal issues arising in clinical practice, with reference to US statutory and regulatory practices. The field of forensic psychiatry is described, and the roles of the forensic evaluator and the treatment provider are compared. This review contains 2 figures, 5 tables, and 64 references. Key words: civil commitment, confidentiality, duty to third parties, forensic psychiatry, guardianship, gun ownership, medical decision making, medical marijuana, risk assessment 

Informed consent of the critically ill patient and drug therapy: legal aspects

2013 ◽  
Vol 4 (2S) ◽  
pp. 21-30
Author(s):  
Riccardo Fresa
Keyword(s):  
Informed Consent ◽  
Legal Aspects ◽  
Third Parties ◽  
Legal Issues ◽  
Self Determination ◽  
Critically Ill Patient ◽  
Patient Relationship ◽  
Life Meaning ◽  
Consent To Treatment ◽  
To Receive

Legal issues concerning the doctor-patient relationship are numerous, and belong to the wider field of professional liability in health care. This article will be dealt with the issues related to informed consent in patients temporarily unable to express consent, or patients who are in a state of temporary incapacity. If the patients are temporarily incapable, and therefore are not able to receive the information nor to express consent to treatment, the physicians’ duty to provide medical treatment and the patients’ self-determination should be considered: the patients can consent or refuse treatment only if able to understand the significance of their decision. If a patient is temporarily unable to give consent and the practitioner doesn’t have at his/her disposal a valid document reporting the patient’s wishes, it’s necessary to rely on the so called “amministratore di sostegno” (introduced in the Italian legal system by Law n. 6 of January 9th, 2004). But in the case of not deferrable treatment, as a lifesaving intervention, the rule is in dubio pro life meaning that a doctor is always legitimized by this situation of urgent need, regardless of the informed consent of the patient and/or third parties.

scholarly journals Odgovornost u sportu - neka (sporna) pitanja

2021 ◽  
pp. 233-245
Author(s):  
Hrvoje Kačer ◽  
Keyword(s):  
Third Parties ◽  
Legal Issues ◽  
Sports Law ◽  
The Third ◽  
The Law ◽  
Important Branch

Sports law is a relatively new but very important branch of the law. It is essential to protect athletes at the amateur level and at the professional level from each other, as well as from the third parties. This paper analyzes some legal issues of the liability in sport, primarly about types of responsibilities in sports law.

The Loss of Citizenship by Revocation of Naturalization or ex lege: Overview of German Case Law and Legislative Changes of 2009

2011 ◽  
Vol 12 (8) ◽  
pp. 1659-1680 ◽  
Author(s):  
Andrea Kirsch
Keyword(s):  
Case Law ◽  
Third Parties ◽  
Legal Issues ◽  
Time Limit ◽  
Constitutional Court ◽  
Call To Action ◽  
Federal Constitutional ◽  
German Nationality ◽  
Legislative Changes ◽  
Nationality Law

In recent years, German nationality law was subject to changes. Several legal issues that had previously not been decided by the Bundesverwaltungsgericht (Federal Administrative Court—FAC) and the Bundesverfassungsgericht (Federal Constitutional Court—FCC) were clarified by these courts. Still, some questions had been left unanswered; the courts explicitly demanded that parliament become active. Issues were namely the time limit for revocation of naturalization, the effect of revocations on third parties (like children) that had been naturalized at the same time and the effects of the discontinuance of certain premises that had been the condition for the obtainment of citizenship by children ex lege on their naturalization. Parliament complied with this call to action; in February of 2009, the changes came into force.

Overview of Legal Issues in Psychiatry

2017 ◽  
Author(s):  
Tracy D. Gunter
Keyword(s):  
Risk Assessment ◽  
Decision Making ◽  
Forensic Psychiatry ◽  
Medical Decision Making ◽  
Third Parties ◽  
Legal Issues ◽  
Medical Decision ◽  
Patient Relationship ◽  
Treatment Provider ◽  
Regulatory Issues

Psychiatrists routinely encounter legal and regulatory issues in the practice of psychiatry. This review provides an overview of the psychiatrist’s duties and responsibilities in the doctor-patient relationship and common legal issues arising in clinical practice, with reference to US statutory and regulatory practices. The field of forensic psychiatry is described, and the roles of the forensic evaluator and the treatment provider are compared. This review contains 2 figures, 5 tables, and 64 references. Key words: civil commitment, confidentiality, duty to third parties, forensic psychiatry, guardianship, gun ownership, medical decision making, medical marijuana, risk assessment 

scholarly journals Contract Law and Intellectual Property Transactions: Research Perspectives

2021 ◽  
pp. 67-81
Author(s):  
Jacques de Werra
Keyword(s):  
Intellectual Property ◽  
Contract Law ◽  
Scientific Activity ◽  
Third Parties ◽  
Legal Issues ◽  
Practical Significance ◽  
Complex Interactions ◽  
Research Perspectives ◽  
New Research ◽  
Ip Law

Contract law is a key component of the intellectual property (IP) ecosystem: contracts are the legal vehicles by which IP rights can be lawfully used by third parties. Contracts are the essential tools by which IP owners can monetize their rights. Making sure that contract law can perform these critical missions requires understanding the complex interactions between IP law and contract law. Analysing these interactions is obviously not a new research venture. However, there are still many areas that call for further research and scientific activity. Exploring the interactions between IP and contract law is not only scientifically relevant, but it also has a high practical significance because of the uncertainty surrounding certain legal issues arising in (international) IP transactions which generate high transaction costs. The interactions between IP and contracts are multifaceted and raise numerous methodological challenges and doctrinal questions. This short piece will focus on a few of them (obviously without claiming to be exhaustive). These legal issues can be classified into two categories on which the article will focus and which depend on whether these issues relate to the internal relationship between the parties to an IP transaction or whether they affect external third parties.

Dealing with Third Parties

2017 ◽  
pp. 506-518
Author(s):  
Joe Scroppo
Keyword(s):  
Third Parties ◽  
Legal Issues ◽  
Third Party ◽  
Mandated Reporting ◽  
Patient Relationship ◽  
Court Order ◽  
Treatment Relationship ◽  
The Relationship

This chapter provides guidance on managing the ethical, regulatory, and legal issues that arise when a third party seeks to intervene in the psychotherapist–patient relationship. The chapter reviews the concepts of confidentiality and privilege. The author identifies types of third parties that may try to impinge on the psychotherapist–patient relationship, discusses ways in which third parties can enter the relationship, and identifies reasons for such impingement. A set of guidelines that psychotherapists can apply when confronted with an attempted or actual third-party penetration of the treatment relationship is offered. The following situations are covered: when a psychotherapist is mandated to involve a third party in the relationship (mandated reporting); when a patient authorizes a psychotherapist to involve a third party; when there is a legal demand for involvement in the relationship (subpoena or court order); and when the psychotherapist or client invite a third party into the relationship.

What Regulation for Virtual Organizations?

2011 ◽  
pp. 318-339 ◽  
Author(s):  
Claudia Cevenini
Keyword(s):  
Interdisciplinary Approach ◽  
Case Law ◽  
Third Parties ◽  
Virtual Organizations ◽  
Legal Issues ◽  
Legal Research ◽  
Preliminary Step ◽  
Legal Implications ◽  
Definition Of ◽  
Complex Subject

Virtual organizations are a complex subject which requires an interdisciplinary approach. In the absence of specific legislation, consolidated doctrine and case law, jurists can resort to three main cornerstones: agreements between members and with third parties, analogical application of laws in force, and informal rules and trade usage. The preliminary step is to define the object of analysis as clearly as possible by building a model definition of virtual organizations for the legal research. On the basis of the model’s features, the most relevant legal issues can be outlined. At present, owing to the very nature of VOs, no definitive solutions are possible. However, some basic indications can be provided to enable potential and effective partners of a VO to understand from the start the possible legal implications of their activities.

Environmental Compliance

2019 ◽  
Author(s):  
Jonas Labinsky
Keyword(s):  
21St Century ◽  
Environmental Law ◽  
Third Parties ◽  
Corporate Law ◽  
Legal Issues ◽  
Third Party ◽  
General Level ◽  
Environmental Compliance ◽  
Comprehensive Overview ◽  
The Usa

‘Environmental Compliance’—the organisational ensuring of companies’ compliance with environmental law—relates to one of the most significant topics of the 21st century: environmental protection. This work, which is situated at the point at which corporate law and environmental law overlap, initially examines urgent legal issues at a general level from the perspective of both the USA and Germany: How comprehensive must companies’ compliance measures be? How far do compliance obligations extend within a corporate group? Do compliance obligations also extend to third parties in some cases (‘third party compliance’)? This work focuses on the corporate organisational obligations established by legislators in the field of environmental law and the additional steps that legislators may consider in this respect. The result is a comprehensive overview of how companies should organise their compliance with this law so that it corresponds to the legal system in which they operate.

Judicial Expansion of the Tarasoff Doctrine: Doctors’ Dilemma

1985 ◽  
Vol 13 (1-2) ◽  
pp. 83-99 ◽  
Author(s):  
Elizabeth M. Crocker
Keyword(s):  
Third Parties ◽  
Legal Issues ◽  
Legal Obligation ◽  
The Law

The Tarasoff case established that a psychotherapist has a legal obligation to breach a patient's confidence in certain circumstances. The subsequent judicial expansion of the original Tarasoff doctrine raises additional legal issues that confront a psychotherapist in a Tarasoff-type dilemma where the law holds the protection of third parties outweighs the patient's right to confidentiality.

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