scholarly journals Charter-Parties and Bills of Lading in the International Carriage of Goods by Sea Contracts

2021 ◽  
Vol 61 (5) ◽  
pp. 139-171

In the scientific research here presented two fundamental documents dealing with formation and execution of the international carriage of goods contracts – charter-parties and bills of lading – have been analyzed. A comparative study of their legal characteristics has been realized in the aim to distinguish them. This is the way to achieve the main goal of this paper – to define these two terms. Thus, they could be completely used in theory and practice. The analyze of legal nature of charter-parties and bills of lading helps to make conclusions on the ground of which some suggestions de lege ferenda to change and improve the legislation have been made. The method used is one of most effective in law – a comparative method.

2020 ◽  
Vol 39 (2) ◽  
pp. 188-224
Author(s):  
Erik Gunderson

This is a survey of some of the problems surrounding imperial panegyric. It includes discussions of both the theory and practice of imperial praise. The evidence is derived from readings of Cicero, Quintilian, Pliny, the Panegyrici Latini, Menander Rhetor, and Julian the Apostate. Of particular interest is insincere speech that would be appreciated as insincere. What sort of hermeneutic process is best suited to texts that are politically consequential and yet relatively disconnected from any obligation to offer a faithful representation of concrete reality? We first look at epideictic as a genre. The next topic is imperial praise and its situation “beyond belief” as well as the self-positioning of a political subject who delivers such praise. This leads to a meditation on the exculpatory fictions that these speakers might tell themselves about their act. A cynical philosophy of Caesarism, its arbitrariness, and its constructedness abets these fictions. Julian the Apostate receives the most attention: he wrote about Caesars, he delivered extant panegyrics, and he is also the man addressed by still another panegyric. And in the end we find ourselves to be in a position to appreciate the way that power feeds off of insincerity and grows stronger in its presence.


2020 ◽  
Vol 2 (1) ◽  
pp. 52
Author(s):  
Sholeha Rosalia ◽  
Yosi Wulandari

Alif means the first, saying the Supreme Life and is Sturdy and has the element of fire and Alif is formed from Ulfah (closeness) ta'lif (formation). With this letter Allah mementa'lif (unite) His creation with the foundation of monotheism and ma'rifah belief in appreciation of faith and monotheism. Therefore, Alif opens certain meanings and definitions of shapes and colors that are in other letters. Then be Alif as "Kiswah" (clothes) for different messages. That is a will. "IQRO" is a revelation that was first passed down to the Prophet Muhammad. Saw. Read it, which starts with the letter Alif and ends with the letter Alif. The creation of a poem is influenced by the environment and the self-reflection of a poet where according to the poet's origin, in comparing in particular Alif's poetry from the two poets. The object of this research is the poetry of Zikir by D. Zawawi Imron and Sajak Alif by Ahmadun Yosi Herfanda. This study uses a comparative method and sociology of literature. Through a comparative study of literature between the poetry of Zikir D. Zawawi Imron and Sajak Alif Ahmadun Yosi Herfanda, it is hoped that the public can know the meaning of Alif according to the poet's view. With this research, the Indonesian people can accept different views on the meaning of Alif in accordance with their respective understanding without having to look for what is right and wrong. The purpose in Alif is like a life, in the form of letters like a body, a tree that is cut to the root, from the heart is split to the seeds, then from the seeds are split so that nothing is the essence of life. So, it is clear that Alif is the most important and Supreme letter. Talking about the meaning of Alif as the first letter revealed on earth. After the letter Alif was revealed, 28 other Hijaiyah letters were born. The letter Alif is made the beginning of His book and the opening letter. Other letters are from Alif and appear on him.


2018 ◽  
pp. 145
Author(s):  
Juan Pablo Beca

ResumenEl trabajo analiza el curso Ética Profesional en la carrera de Derecho en la Universidad Católica de Temuco. Examina la forma como se abordaba la ética profesional antes de la creación del curso, y lo que ha ocurrido con él a través de sucesivos cambios curriculares y la introducción del modelo por competencias. El curso aporta al sello identitario, mediante un enfoque multidisciplinario. El curso ha vinculado teoría y práctica, desde que comenzó a implementarse, hasta llegar actualmente a comprenderlo en la lógica de competencias. Esta mirada implica formar a los estudiantes para resolver dilemas éticos, lo que se hace mediante la metodología del ver–juzgar–actuar. Esta metodología de discernimiento es propia de la tradicióncatólica, pero se usa en este contexto sin un cariz religioso. El método en cuestión permite ir educando la autonomía a fn de tomar decisiones. Se analiza la importancia de contextualizar la enseñanza ética y la forma como esto se ha hecho en el curso. Finalmente se aborda la relevancia de formar la conciencia ética de los estudiantes.Palabras clave: Experiencia de enseñanza – Ética profesional –Método de discernimient.ResumoO artigo analisa o curso de Ética Profssional na Escola de Direito na Universidade Católica de Temuco. Examina a forma de como abordar a ética profssional antes da criação do curso, e o que tem acontecido com ele através de sucessivas mudanças curriculares e a introdução do modelo de competências. O curso aporta ao selo de identidade, através de uma abordagem multidisciplinar. O curso tem ligado teoria e prática, desde que começou a se programar até chegar atualmente a compreendê-lo na lógica de competência. Este olhar implica formar aos estudantes para resolver dilemas éticos, o que é feito pela metodologia do ver-julgar-agir. Este método de discernimento é próprio da tradição Católica, mas é usado neste contexto, sem um aspecto religioso. O método em questão permite ir educando na autonomia com a fnalidade de tomar decisões. Analisa-se a importância de contextualizar o ensino da ética e a forma como isso tem sido feito no curso. Finalmente se aborda a relevância de formar consciência ética dos estudantes.Palavras-chave: Experiência de ensino - Ética Profssional - Método de discernimento.AbstractThis paper analyses the Professional Ethics course at the School of Law of Universidad Católica de Temuco. It reviews the way in which ethics was addressed before the course was created, and what has happened with it through the subsequent curricular changes and the implementation of a competency based model. The course contributes to the seal of identity through a multidisciplinary approach. Theory and practice have been progressively bound together since the course was introduced, to reach a point, nowadays, in which the course is understood within the logic of competencies. This point of view implies educating students for solving ethical dilemmas, which is done through the see–judge–act methodology. This discernment methodology belongs to the Roman Catholic tradition, but is used in this context without its religious complexion. This method allows educating autonomy in order to make decisions. It also analyses the importance of contextualizing ethics education and the way in which this has been done in the course. Finally, it addresses the relevance ofcreating an ethical consciousness of the students.Keywords: Teaching experience – Professional Ethics – Discernment method


Author(s):  
عارف علي عارف القره داغي ◽  
فايزة بنت إسماعيل ◽  
ئاوات محمد آغا بابا

الملخّصيتعلق هذا البحث بموضوع دية القتل الخطأ في الحوادث المرورية في الفقه الإسلامي في العصر الحاضر لكثرة وقوعها وحاجة الناس إلى بيان أحكامها من حيث كيفية تقديرها. وتحرير الخلاف في دية المرأة، ومسألة دية الجنين في حال تعرضه للموت في بطن أمه نتيجة الحادث المروري، أو في حالة تعرضه للإجهاض والموت، وتناول أيضًا دية شخصين إذا ماتا نتيجة اصطدام سيارتين؛ فكيف تقدَّر الدِّية؟ وعالج البحث مسألة العاقلة في الوقت الحاضر التي تساعد الطرفين (الجاني والمجني عليه وذلك بجمع الدية وإعطائها للمجني عليه). وذلك من خلال استخدام المنهج الاستقرائي والمنهج المقارن: حيث يتم من خلاله جمع النصوص المتعلقة بالموضوع، وآراء العلماء المتقدمين، والمعاصرين، والمقارنة بينهما لمعرفة نقاط الاتفاق والاختلاف، لتجلية معالم الموضوع، وتسهيل مناقشتها بصورة دقيقة، ثم بيان الرأي الراجح. وقد توصلت الدراسة إلى أنَّ دية القتل في الحوادث المرورية في العصر الحاضر تساوي بالدينار الذهبي، الذي يساوي 4.250 جرامًا من الذهب، أو بما يساويها من النقد. وأنَّ الراجح هو تساوي دية الرجل مع دية المرأة. وفي حالة عدم وجود العاقلة لابأس من إنشاء شركة تعاونية لمساعدة من وقع منه الحادث.الكلمات المفتاحية: الدِّية، حوادث المرور، دية المرأة، دية الجنين، العاقلة. Abstract         This research addresses the subject of blood money for unintended manslaughter in traffic accidents according to Islamic jurisprudence in the present era due to the frequency of their occurrence and the need for people to understand the legal provisions concerning determining the amount. In this regard, we seek to clarify the disagreements regarding the blood money for women and foetuses that die in the mother’s womb as a result of traffic accidents or abortion. We also address the issue of blood money for two people who die as a result of collision between two cars. We also examine the issue of ʿĀqilah (those who pay the blood money) who helped the two parties (the offender and the victim by collecting blood money and giving it to the victim). To clarify these issues, we use the inductive approach and comparative method wherein we collect the various texts on the subject, and the views of classical and contemporary scholars to engage in a comparison between them in order to identify the points of agreement and disagreement between views. From here, we also hope to identify the major factors pertaining to such issues in order to facilitate a precise and concrete discussion to arrive at the most correct opinion. The study found that blood money for manslaughter in traffic accidents in the present era is equal to a gold dinar, which is equal to 4.250 grams of gold, or its cash equivalent. We advocate that the correct view is that the amount of blood money paid to a man is equal to that of a woman, and that in the absence of an ʿĀqilah it is possible to form a cooperative or mutual fund to render assistance to the victim.Keywords: blood money, traffic accidents, women, foetus, ʿĀqilah.


Author(s):  
Jeasik Cho

This chapter discusses three ongoing issues related to the evaluation of qualitative research. First, the chapter considers whether a set of evaluation criteria is either determinative or changeable. Due to the evolving nature of qualitative research, it is likely that the way in which qualitative research is evaluated can change—not all at once, but gradually. Second, qualitative research has been criticized by newly resurrected positivists whose definitions of scientific research and evaluation criteria are narrow. “Politics of evidence” and a recent big-tent evaluation strategy are examined. Last, this chapter analyzes how validity criteria of qualitative research are incorporated into the evaluation of mixed methods research. The elements of qualitative research seem to be fairly represented but are largely treated as trivial. A criterion, the fit of research questions to design, is identified as distinctive in the review guide of the Journal of Mixed Methods Research.


2021 ◽  
Author(s):  
Petro Ivanyshyn ◽  

The purpose of the research is to outline the structure of the main methodological ideas within the frames of interpretive thinking in the essay of the famous Vistnyk’s writer, critic and essayist Yevhen Malaniuk. Considering the purpose and tasks of the studio, an interdisciplinary methodological base, related to the author’s “national approach”, has been worked out. The epistemological potential of national philosophy as a philosophy of national existence, national science as a theory of nation, hermeneutics as a theory and practice of interpretation and post-colonialism as interpretation of cultural phenomena from the standpoint of anti- and post-imperial consciousness are used in the work. The scientific novelty is that on the basis of the previous hermeneutic generalization and definition of national-existential methodology, a propaedeutic outlining of the structure of national-philosophical concepts within the frames of the essayistic interpretation of reality in Ye. Malaniuk is proposed. In the methodological sense, the writer’s essayism is structured by such concepts as nation-centrism, idealism, voluntarism, heroism, and can be considered as one of the variants (close by the experiences of D. Dontsov, Yu. Lypa, M. Mukhyn, etc.) of the Vistnyk’s national-philosophical (national-existential, nationalistic or nation-centric) hermeneutics, that is, the way of understanding, which the author by himself outlined as a “national approach”. The support of Ye. Malaniuk as a culture-philosopher and exegete on the eternal nation-centric values and criteria in his essayistic studies makes his reflections not only historically interesting, but also theoretically productive, classically important for the development of modern Ukrainian hermeneutics and humanities in general.


Romanticism ◽  
2016 ◽  
Vol 22 (2) ◽  
pp. 191-202 ◽  
Author(s):  
Gregory Tate

This essay considers the connections between myth and sympathy in Keats's poetic theory and practice. It argues that the ‘Ode to Psyche’ exemplifies the way in which Keats uses mythological narrative, and the related trope of apostrophe, to promote a restrained form of sympathy, which preserves an objectifying distance between the poet and the feelings that his poetry examines. This model of sympathy is informed by Keats's medical training: the influential surgeon Astley Cooper and The Hospital Pupil's Guide (1816) both identify a sensitive but restrained sympathy for patients' suffering as an essential part of the scientific and professional methods of nineteenth-century medicine. However, while The Hospital Pupil's Guide claims that mythological superstition has been superseded in medicine by positivist science, Keats's ode suggests that myth retains a central role in poetry, as the foundation of a poetic method that mediates between imaginative sympathy and objective impartiality.


2020 ◽  
Vol 41 (1) ◽  
pp. 155-176
Author(s):  
Ivan Tot

One of the novelties introduced into Croatian law with the Financial Operations and Pre-Bankruptcy Settlement Act of 2012 (ZFPPN) is the introduction of a new legal consequence of late payment in the so-called commercial transactions. On the basis of Art. 13 (1) of the ZFPPN, the creditor of a monetary obligation is ex lege entitled to a lump sum compensation for recovery costs in Croatian kunas in the amount equivalent of forty euros. This lump sum compensation, designated in the ZFPPN as “a special compensation for the creditor's recovery costs incurred due to debtor's late payment in commercial transactions”, was introduced into Croatian law in order to comply with the provisions of the Art. 6 Directive 2011/7/EU. The paper discusses the legal nature and functions of the lump sum compensation for recovery costs and analyses the conditions for the arising of the creditor's right to a lump sum compensation, maturity and prescription of the claim to a lump sum compensation. The interpretation of the provisions of the ZFPPN in this paper is based on a comparative legal analysis and is in line with the Directive 2011/7/EU. In the utilisation of the comparative method, the solutions adopted in Austrian and German law were primarily considered, while the research also included the laws and regulations of all EU Member States that were adopted in the tranposition of the provisions of Art. 6. Directive 2011/7/EU.


2020 ◽  
pp. 80-88
Author(s):  
Y. Stoilov

The article compares conditions and procedures for the adoption of Constitution and amendments to thecurrent constitution between the Republic of Bulgaria and the Republic of Kazakhstan. The criteria used inthe legal theory for the classification of the constitutions according to the way of their change are used. Bothconstitutions refer to the category of the hard. Bulgaria has a solid core of the constitution, which can onlybe changed by a specially elected institution — a Great (Grand) National Assembly. In Kazakhstan there areeven texts that are not subject to change. The experience of several changes to the two basic laws has beenconsidered. Whit them some of the questions have been answered by juridical theory and practice, whileothers remain open. At the end, conclusions are drawn from the parallel between the changes to the bothconstitutions, some of which are of universal significance.


2018 ◽  
Vol 9 (40) ◽  
pp. 73-86
Author(s):  
Sergii Bardash ◽  
Tetiana Osadcha

Research relevance lies in the irreversibility of course choice for embodiment of the sustainable development concept. However, a pluralism of opinions, concerning the implementation of model definition of this concept, as well as the priority tasks for realization of its constituents significantly decelerates the socio-economic development of Ukraine. An inadequate scientific research of the sustainable development problems on a microeconomic level generates the reduction of expected management results and the degree of progressive changes at the level of individual business units. The role and transformation of accounting science, necessary for the implementation of the sustainable development concept, are not fully disclosed. The research purpose and tasks are to determine the accounting component of sustainable development concept on the basis of the rent theory, to outline the directions of rent accounting development under the following factors influence: globalization and transformation of the ownership institution and scientific research activation on this basis, aimed at forming the theoretical and methodological baseline of rent accounting ‘as an additional income. The methodology of the research includes general scientific methods of cognition the necessity and invariant implementation of the sustainable development concept, its constituents allocation and specification; dialectical method for cognition the economic content of rent; a comparative analysis of the definition differences, formed at different stages and forms of realization of economic relations; modeling method for determining the direction and logic of the rent accounting development under the influence of such factors, as globalization and ownership institution transformation. It has been established that realization of sustainable development concept should take place with understanding of the interaction mechanisms of economic, social and environmental components. These generate new ideas about the basic socialization mechanisms and social development of human, external influences on the environment and cost estimation. The interconnection of the constituent of sustainable development concepts and the economic, social and ecological system as a whole is the basis for the theory and practice development of accounting. The accounting information creates preconditions for assessing the achievement and forecasting of further sustainable development of the economy as a separate economic entity, region, country, and the world as a whole. It has been established that the existence of discussion aspects in the treatment of rent and failure to recognize the last object of accounting should be considered as one of the essential factors in accelerating the implementation of the sustainable development concept. Bearing the results of research in mind, the development of a conceptual approach to rent accounting, as an additional entity income, should be based on the recognition the rent as a management object, that requires adequate information support for users’ requests from the accounting system side, based on the systematic development of the theoretical, methodological and organizational-practical regulations of rent accounting. The practical value of research is to formulate a methodological provision of rent accounting, which will further improve an active and passive income distribution of relation participants in the economic sphere.  The obtained scientific results will form the prospects for further research, which will lay in proving the need for the transformation of the property institute in the post-Soviet countries, to determine the models of rent relations between different parties in the field of economic relations, as well as to determine the rent-forming factors of production for the development of the rent assessing methodology.


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