scholarly journals Acting on Behalf of Another Without Consent as a Source of the Right of Obligations in the Republic of Kosovo

2021 ◽  
Vol 10 (6) ◽  
pp. 295
Author(s):  
Sevdai Morina ◽  
Endri Papajorgji
Keyword(s):  
The Other ◽  
Legal Obligation ◽  
Legal Action ◽  
Property Value ◽  
Bodily Integrity ◽  
Mutual Help ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Social Wealth

In life, it often happens that humans take different actions on different occasions to save man or his wealth. These actions can be taken when there is a need to protect the integrity of man and his wealth, both individual and social wealth. Man performs these actions morally and without any institutional obligation. Man does the action without consent in order to save one's life or another's wealth. There is a need for such an action, because everyone sometimes in certain cases needs mutual help. With these behaviors of people, it is seen that they do not take these actions out of legal obligation, but act and should act with the consciousness and conscience of the civilized man. People who do this are driven by the need for cooperation, humanity, existence at the expense of the other, namely society. A person performs this action by perpetrating the work of another without consent for any other person. Hence, they undertake some factual and legal action for the other, sacrificing something that can be the property value and their bodily integrity. Sometimes this action must be taken because there are actions that cannot be postponed, therefore someone should take an action in such situations even when uninvited. Consequently, the subject matter analyzed in this paper is the act of perpetration of the work of another without consent as a source of the right of obligations in the Republic of Kosovo.   Received: 6 October 2021 / Accepted: 1 November 2021 / Published: 5 November 2021

TYPES OF OVERWORK AND JOBS THAT CANNOT BE OVERWORKED WITHIN THE FRAMEWORK OF THE LABOR LAW NO. 4857

2021 ◽  
Vol 6 (14) ◽  
pp. 67-81
Author(s):  
Altuğ YENGİNAR
Keyword(s):  
Labor Law ◽  
Working Hours ◽  
Human Right ◽  
International Human Rights ◽  
Right To Work ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Almost All ◽  
Republic Of Turkey

The right to work has been recognized as a fundamental human right in almost all international human rights documents and in the constitutions of many countries. This right has been recognized and guaranteed as a fundamental human right also in the Constitution of the Republic of Turkey. However, not only recognizing and guaranteeing "work" as a fundamental human right but also regulating its implementation and functioning within the framework of laws is of great importance. The concept of overwork is a concept that has been mentioned in the Labor Law regarding the implementation and functioning of the concept of work and it is regulated in our Labor Law No. 4857. In order to talk about overwork, a limited working time is required. In this context, upon determining the maximum number of hours a worker can work per week by drawing a limit on working hours in Labor Law No. 4857, overwork, which is the subject of work exceeding this period, is defined. Furthermore, the types of overwork that arise depending on the reasons for overworking, as well as the jobs that cannot be overworked, are regulated in the same Law.

scholarly journals Reasonable time frame in bankruptcy proceedings: Analysis of cases from the judicial practice of the Commercial Court in Niš

2021 ◽  
Vol 60 (90) ◽  
pp. 97-118
Author(s):  
Aleksandar Mojašević ◽  
Aleksandar Jovanović
Keyword(s):  
Case Law ◽  
Time Frame ◽  
Fair Trial ◽  
Fundamental Rights ◽  
Reasonable Time ◽  
Judicial Practice ◽  
Reasonable Time Frame ◽  
The Subject ◽  
The Republic ◽  
The Right

The Act on the Protection of the Right to a Trial within a Reasonable Time, which took effect in 2016, has created the conditions in our legal system for the protection of the right to a trial within a reasonable time, as one of the fundamental rights guaranteed by the Constitution of the Republic of Serbia and related international documents. Although the legislator does not explicitly provide for the application of this Act in the context of bankruptcy proceedings, it has been used in judicial practice as a mean for the bankruptcy creditors to obtain just satisfaction in cases involving lengthy bankruptcy proceedings and a violation of the right to a fair trial within a reasonable time. The subject matter of analysis in this paper is the right to a trial within a reasonable time in bankruptcy cases. For that purpose, the authors examine the case law of the Commercial Court in Niš in the period from the beginning of 2016 to the end of 2019, particularly focusing on the bankruptcy cases in which complaints (objections) were filed for the protection of the right to a fair trial within a reasonable time. The aim of the research is to examine whether the objection, as an initial act, is a suitable instrument for increasing the efficiency of the bankruptcy proceeding, or whether it only serves to satisfy the interests of creditors. The authors have also examined whether this remedy affects the overall costs and duration of the bankruptcy proceeding. The main finding is that there is an increasing number of objections in the Commercial Court in Niš, which still does not affect the length and costs of bankruptcy. This trend is not only the result of inactivity of the court and the complexity of certain cases but also of numerous external factors, the most prominent of which is the work of some state bodies.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

Discrimination and the Church of England: To What Extent does the Equality Act 2010 Adequately Protect Church of England Clergy?

2020 ◽  
Author(s):  
Christopher Grout*
Keyword(s):  
Sexual Orientation ◽  
Church Of England ◽  
Final Analysis ◽  
The Other ◽  
Eligibility Criteria ◽  
Sensitive Question ◽  
The Subject ◽  
The One ◽  
The Right ◽  
The Church

Abstract The extent to which members of the clergy are considered ‘employees’ for the purposes of secular employment and equality legislation has been the subject of much discussion, but essentially remains a fact sensitive question. The Equality Act 2010 (‘the 2010 Act’) seeks to prevent discrimination on the basis of nine ‘protected characteristics’. While recognizing that the application of the 2010 Act to the variety of clergy offices is ‘not straightforward’, the Church of England (‘the Church’) has opined that an equitable approach to clergy appointments is to proceed as if they were subject to the provisions of the 2010 Act. What follows is in`tended to be a thorough review of the eligibility criteria for clergy appointment in the Church to assess their compatibility with the requirements of the 2010 Act. In addition, particular consideration will be given to Schedule 9(2) to the 2010 Act which makes specific provision relating to religious requirements concerning the protected characteristics of sex, sexual orientation, and marriage and civil partnership. In short, where the employment is for the purposes of an organized religion, such as the Church, requirements which relate to these protected characteristics will not constitute discrimination where they engage the ‘compliance or non-conflict principle’. What these principles mean and how they might operate in practice is discussed below, taking into account the likely canonical and theological justifications for discriminating against certain individuals. Whether the law strikes the right balance between, on the one hand protecting clergy and, on the other, providing the Church with the autonomy to act in accordance with its established doctrine, will be explored in the final analysis.

On the Hermes of Praxiteles

1882 ◽  
Vol 3 ◽  
pp. 81-95
Author(s):  
A. H. Smith
Keyword(s):  
The Other ◽  
Good Fortune ◽  
Other Hand ◽  
True Position ◽  
The Subject ◽  
The Right

It is well-known how, in the spring of 1877, the German explorers at Olympia had the good fortune to dig up the chief parts of a statue which had been seen by Pausanias in the same spot, and had been described by him in the following words:—χρόνῳ δὲ ὕστερον καὶ ἄλλα ἀνέθεσαν ἐς τὸ Ἡραῖον, Ἑρμῆν λίθου, Διόνυσον δὲ φέρει νήπιον, τέχνη δέ ἐστι Πραξιτέλους (Paus. v. 17, 3).The bulk of the statue is in exquisite preservation. The greater part however of the right arm of Hermes is missing. Since the whole motive of the subject depends upon the action of the arm, speculation has been busy as to the most probable restoration of this limb.With a view to the solution of this problem, Benndorf has collected together a series of types of the Hermes and Dionysos group. His list is not exhaustive, and he seems to have passed over certain instances of importance.My principal object in this paper is to attempt to show that a certain group of types contains the clue to the restoration of the missing arm, although they do not represent the arm in its true position; and on the other hand to show that certain types which have the arm in its true position, are untrustworthy guides as to the restoration of the attribute attached to it.

scholarly journals An fMRI Study on Self-Perception of Patients after Aesthetic Implant-Prosthetic Rehabilitation

2020 ◽  
Vol 17 (2) ◽  
pp. 588 ◽  
Author(s):  
Francesca Cattoni ◽  
Giulia Tetè ◽  
Riccardo Uccioli ◽  
Fabio Manazza ◽  
Giorgio Gastaldi ◽  
...  
Keyword(s):  
Right Hemisphere ◽  
Peak Level ◽  
The Other ◽  
Prosthetic Rehabilitation ◽  
Self Perception ◽  
Virtual Planning ◽  
Fmri Study ◽  
Main Effect ◽  
The Subject ◽  
The Right

Objectives: In this functional magnetic resonance (fMRI) study, we investigated the activation of cerebral pathways involved in the elaboration of self-retracting photos (SELF) and the same pictures of others (OTHER). Each of the photographs showed one of the participants during different stages of the rehabilitation: pre-treatment (PRE), virtual planning using “Smile-Lynx” smile design software (VIR), and post-rehabilitation (POST). Methods: We selected eighteen volunteers, both male and female, between 22 and 67 years of age, who previously underwent prosthetic rehabilitation. Each of them was subjected to an fMRI acquisition. Various stimuli were then shown to the subjects in the form of self-retracting photographs and photographs of other participants, all in pseudo-randomized order. We then carried out a two- stage mixed-effects group data analysis with statistical contrast targeting two main effects: one regarding the main effect of Identity (SELF vs. OTHER) and the other regarding the effect of the prosthetic rehabilitation phase (PRE vs. VIR vs. POS). All the effects mentioned above survived a peak-level of p < 0.05. Results: For the effect of identity, results reported the involvement of dorsolateral frontoparietal areas bilaterally. For the phase by identity effect, results reported activation in the supplementary motor area (SMA) in the right hemisphere. A stronger activation in observing self-retracting photos (SELF) post-treatment (POST) was reported compared to the other phases considered in the experiment. Conclusions: All the collected data showed differences regarding the main effect of Identity (SELF vs. OTHER). Most importantly, the present study provides some trend-wise evidence that the pictures portraying the subject in their actual physiognomy (POST) have a somewhat special status in eliciting selectively greater brain activation in the SMA. This effect was interpreted as a plausible correlate of an empathic response for beautiful and neutral faces. The present research suggests a possible way to measure self-perception of the subject after an appearance-altering procedure such an implant-prosthetic rehabilitation. However, future clinical studies are needed to investigate this matter further.

An appendix to Mr. Ware’s paper on vision

1832 ◽  
Vol 1 ◽  
pp. 454-455
Keyword(s):  
The Other ◽  
Watch Glass ◽  
Early Age ◽  
Learning To Read ◽  
The Subject ◽  
The Common ◽  
The Right ◽  
The Mind ◽  
Different Parts ◽  
Marble Surface

The author remarks, that Mr. Ware’s observations with regard to short-sightedness, being in general merely the consequence of habit acquired at an early age, is conformable with his own experience in general, and that he himself is a particular instance of natural long-sightedness gradually converted into confirmed short sight. He very well remembers first learning to read, at the common age of four or five years, and that at that time he could see the usual inscriptions across a wide church; but that at the age of nine or ten years he could no longer distinguish the same letters at the same distance, without the assistance of a watch-glass, which has the effect of one slightly concave. In a few years more the same glass was not sufficiently powerful; but yet his degree of short-sightedness was so inconsiderable, that he yielded to the dissuasion of his friends from using the common concave glasses till he was upwards of thirty years of age, when No. 2 was barely sufficient; and he very shortly had recourse to No. 3. In the course of a few years an increase of the defect rendered it necessary for him to employ glasses still deeper, and his sight soon required No. 5, where it has remained stationary to the present time. From the progress which Sir Charles Blagden has observed in his own short-sightedness, he is of opinion that it would have been accelerated by an earlier use of concave glasses, and might have been retarded, or perhaps prevented altogether, by attention to read and write with his book or paper as far distant as might be from his eyes. In this communication he takes the same opportunity of adding an experiment made many years since on the subject of vision, with a view to decide how far the similarity of the images received by the two eyes contribute to the impression made on the mind, that they arise from only one object. In the house where he then resided, was a marble surface ornamented with fluting, in alternate ridges and concavities. When his eyes were directed to these, at the distance of nine inches, they could be seen with perfect distinctness. When the optic axes were directed to a point at some distance behind, the ridges seen by one eye became confounded with the impression of concavities made upon the other, and occasioned the uneasy sensation usual in squinting. But when the eyes were directed to a point still more distant, the impression of one ridge on the right eye corresponded with that made with an adjacent ridge upon the left eye, so that the fluting then appeared distinct and single as at first, but the object appeared at double its real distance, and apparently magnified in that proportion. Though the different parts of the fluting were of the same form, their colours were not exactly alike, and this occasioned some degree of confusion when attention was paid to this degree of dissimilarity.

An Achievement test in Solid Geometry

1928 ◽  
Vol 21 (3) ◽  
pp. 151-162
Author(s):  
Louis A. McCoy
Keyword(s):  
Secondary School ◽  
Subject Matter ◽  
Achievement Test ◽  
School Mathematics ◽  
The Other ◽  
Good Teacher ◽  
Secondary School Mathematics ◽  
Solid Geometry ◽  
The Subject ◽  
The Right

In the work of teaching secondary school mathematics in a large school where there are as many as twelve different divisions of the same subject, it would be very interesting and indeed very enlightening to see the different grades of work being done. Different teachers have their own pet ways of doing things, of presenting new matter, of conducting recitations, of drilling on old matter, of developing mathematical power in their pupils, etc. And yet they are all striving for the same results. The fact that one teacher's pupils consistently attain better results naturally should put a premium on that teacher's methods, and the work of the department would be improved if some of the other teachers would take a leaf out of the successful teacher's book. Students will often remark “So and So is a good teacher; I get a lot out of his class; he makes things clear; he has good discipline; he certainly gets the stuff over, etc.”An inspector visits the class, notes the attitude of the pupils, the personality and skill of the teacher, and oftentimes is familiar enough with the subject matter of the recitation to see if the pupils are catching and giving back the right things, and then grades the teacher as an Al man, for example. But does the opinion of the boys themselves or the visitor answer the question whether or not the teacher is successful in giving his subject to the pupils? Don't we need something more objective, more tangible, more exact on which to pin our faith? In general the supervisors are hitting it right, also the students, but we think we can do better.

Specific Notarial Protection of the Testator's Exclusive Rights: Kazakh and International Experience

2019 ◽  
Vol 10 (3) ◽  
pp. 770
Author(s):  
Karlygash Asilkhanovna JUMABAYEVA ◽  
Lola Furkatovna TATARINOVA ◽  
Gulnaz Tursunovna ALAYEVA ◽  
Saule Zhusupbekovna SULEIMENOVA ◽  
Danila Vladimirovich TATARINOV
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Experience ◽  
Copyright Holder ◽  
Main Function ◽  
Legal Practice ◽  
The Subject ◽  
The Republic ◽  
The Right

This study is concerned with one of the most burning issues of intellectual property rights, namely the notarial protection of the testator's exclusive rights. The article analyzes the Kazakh and international experience in solving this issue. In the course of the study, the authors obtained the following results: - In legal practice, the non-acceptance of inheritance and refusal to inherit exclusive rights have their specific features; - It is proposed to supplement the existing civil legislation on the protection of the testator's copyrights. ‘Kazakhstan Authors' Society’ conducts its activities in the territory of the Republic of Kazakhstan. Its main function is to manage the property rights of authors. This management includes the issuance of permits to use deliverables on behalf of authors, as well as the collection, distribution and payment of royalties. It has been established that a notary has the right to apply to ‘Kazakhstan Authors' Society’ to determine one's authorship. The authors have revealed that the current Kazakh legislation does not state the creation time of some deliverable and does not provide for the notarial certification of a web page (in case of copyright infringement). Thus, a notary takes measures to protect the intellectual property rights owned by the copyright holder that might become the subject of succession.

Robert Browning's “The Other Half-Rome”: A “Fancy-fit” or Not?

1983 ◽  
Vol 11 ◽  
pp. 127-148
Author(s):  
C. Stephen Finley
Keyword(s):  
The Other ◽  
Classical Mythology ◽  
The Subject ◽  
The Right ◽  
The Way

The poet – speaker of Book 1 ofThe Ring and the Bookbelieved that the first two monologues of his grand poem balanced one another. In his preview of the monologues, he writes that Half-Rome and Other Half-Rome are equally unsuccessful in their efforts to find the truth of the murder story. The speakers possess an “opposite feel” for the truth, but each achieves a “like swerve, like unsuccess” (I.883–84). Although Other Half-Rome succeeds in being on the right side of the issue, Browning as poet-speaker considers his defense of Pompilia to be the result only of luck or a “fancy-fit.” This “fancy-fit” is a mood which inclines the speaker to choose Pompilia as it might incline him to choose between two runners in a race according to the colors of their scarves (1.885–92). Browning sets this speech by a Bernini fountain, one where Triton blows water through a conch: “Puffs up steel sleet which breaks to diamond dust” (1.900). The poet may have intended this setting to suggest the way in which he views the language and imagery that Other Half-Rome uses to tell his story. The speaker's mixture of Christian and classical mythology and his concern for the painterly qualities of Pompilia's deathbed scene do suggest an aesthetic temperament. The poet may have considered the speech of such a man to be “diamond dust” signifying nothing. In any case, the poet-speaker of Book 1 concludes his description of Other Half-Rome by saying, with apparent sarcasm, that to this speaker Pompilia “seemed a saint and martyr both” (1.909). This assessment of Other Half-Rome has been the subject of disagreement among commentators on the poem.

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