scholarly journals Ugovorna odgovornost liječnika u rimskom pravu

2021 ◽  
Vol 71 (3-4) ◽  
pp. 411-442
Author(s):  
Nikol Žiha ◽  
Keyword(s):  
Medical Profession ◽  
Medical Science ◽  
Legal Protection ◽  
Roman Law ◽  
Medical Liability ◽  
Science Standards ◽  
Basic Principles ◽  
Legal Nature ◽  
Rudimentary Form ◽  
Further Development

The paper explores the emergence of contractual liability of physicians in Roman law. Although medicine was in its rudimentary form, the question of the nature of medical liability was problematized as early as the antiquity, when the principle of a physician’s responsibility for negligence, but not necessarily for the ultimate success of a treatment, developed. After initial considerations aimed at identifying who was to be recognised as a physician and what qualifications had to be met in order to be considered a part of the medical profession, through the analysis of legal sources, the central part of the paper aims to determine the legal nature of the contract and, accordingly, the legal protection available to the patient. The final part of the paper examines the preconditions for medical liability, as well as compensation, and concludes with a review of the basic principles that laid the foundation for further development of a physician’s liability for damage caused by a violation of medical science standards.

scholarly journals The legal nature of fiduciary duty in civil law of Ukraine

2021 ◽  
Author(s):  
H. O. Urazova
Keyword(s):  
Civil Law ◽  
Legal Protection ◽  
Fiduciary Duty ◽  
Roman Law ◽  
Joint Activities ◽  
Legal Nature ◽  
The Subject ◽  
Main Thing ◽  
The Right ◽  
Proper Behavior

The variety of fiduciary legal relations in the civil law of Ukraine requires the study of their individual elements, in particular, the fiduciary duty. Therefore the purpose of this article is to clarify the legal nature of the fiduciary duty, in order to avoid legal uncertainty, which leads to difficulties in law enforcement and, as a result, ineffective legal protection of violated rights of a person due to non-fulfillment or improper fulfillment of such an obligation in relation to her.Analyzed such concepts as "fides", "fiducia", duty in civil law. It has been established that the first, respectively, in Roman law had several meanings, but the main thing is the trust of the participants in civil relations to each other. The second have to understood as the proper behavior of the subject of civil relations, the content and model of which are determined by the requirements of the rule of law, the will or persons authorized by the transaction or other legal facts.It was found that the fiduciary duty is the proper behavior of the subject of a trust relationship, due to the conclusion of certain agreements (for example, commissions, property management, joint activities, the provision of lawyer services, etc.), or the occurrence of legal facts (election of a body or person of a legal entity, who (who) has the right to act on her behalf, the establishment of guardianship or trusteeship, the death of an individual, etc.).

scholarly journals Modern principles of cardiotocography in childbirth

2020 ◽  
pp. 90-97
Author(s):  
A. M. Prikhodko ◽  
A. Yu. Romanov ◽  
O. V. Tysyachnyy ◽  
M. D. Gapaeva ◽  
O. R. Baev
Keyword(s):  
Acute Hypoxia ◽  
Legal Protection ◽  
Fetal Monitoring ◽  
Clinical Situation ◽  
Monitoring Methods ◽  
Basic Principles ◽  
Main Method ◽  
Pregnancy And Delivery ◽  
Method Of Assessment ◽  
Further Development

Cardiotocography (CTG) is the main method of assessment of the fetus, which due to its informativeness and stability of the information obtained has almost completely replaced the phonoand electrocardiography of the fetus from the clinical practice. A CTG can be used to monitor the fetus during both pregnancy and delivery. Depending on the presence or absence of risk factors, internal or external CTGs are now used. Knowledge of the basic principles, definitions and concepts of CTG, its classification, as well as accumulated clinical experience, helps to interpret the results obtained and improve the outcomes of childbirth. CTG data should be considered in combination with the clinical situation in order to select the correct management of birth tactics and decide on the method of delivery. A recording made during delivery is a medical document that can be used for a comprehensive assessment of the course of delivery, as well as for legal protection of the clinician in complex situations. However, the method has insufficient specificity regarding the diagnosis of acute hypoxia. At present, there are no methods to accurately predict fetal hypoxia, and therefore, to solve this problem, CTG should be routinely performed on all new mothers. Increased experience with CTG helps to interpret the results and improves the outcome of childbirth. However, the method of delivery is always determined by the clinical situation. Despite the wide practical application of CTG, a number of unresolved issues remain, which requires further development of fetal monitoring methods.

scholarly journals DONATION IN PROSPECT OF DEATH (DONATIO MORTIS CAUSA)

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Đorđe Raković
Keyword(s):  
Roman Law ◽  
Legal Tradition ◽  
Legal Nature ◽  
Time Periods ◽  
The Moment ◽  
Double Nature ◽  
Further Development ◽  
Inter Vivos

Donation in prospect of death represents a legal transaction witha long legal tradition. This institute shares common Roman legal roots with atestament and legacy. In different time periods of the development of Roman law,donatio mortis causa had variable legal nature, with the dominance of the onecreated in the time of Justinian’s law wherein donatio mortis causa representeda legacy. It was an unencumbered desposal of a donor for the benefit of a doneewith effect after the death of the donor, under the condition the donee outlivedthe donor. As such, donatio mortis causa could be revoked.The disputable legal nature had marked further development of a donation inprospect of death.Hence, ACC accepted double nature of a donation in prospectof death, as a legacy and as a donation contract, while SCC accepted Romanconception. Such divergent interpretation has remained to date, since donatiomortis causa has not been regulated neither by current contract nor inheritancelaw. It is, generally, believed that donatio mortis causa represents a type ofdonation contract inter vivos, wherein the handing over of the object of donationhas been postponed until the death of the donor. It is a donation contract enteredinto under suspensive condition that occurs at the moment of death of the donor,and the condition is for the donee to ourlive the donor. If the donee happens todie before the donor, his heirs have a right to request handing over of the objectof donation.Donatio mortis causa contract, as a rule, is irrevokable.

MEDICAL FALLIBILITY

PEDIATRICS ◽  
1977 ◽  
Vol 60 (2) ◽  
pp. 243-243
Author(s):  
Gorovitz ◽  
MacIntyre ◽  
Keyword(s):  
Medical Error ◽  
Medical Profession ◽  
Medical Science ◽  
Medical Problem ◽  
Medical Sciences ◽  
Physician Patient Relationship ◽  
The Public ◽  
Iatrogenic Illness ◽  
The Individual ◽  
Physician Patient

At present, the typical patient is systematically encouraged to believe that his physician will not make a mistake, even though what the physician does may not achieve the desired medical objectives, and even though it cannot be denied that some physicians do make mistakes. The encouragement of this inflated belief in the competence of the physician is of course reinforced by the practice of not keeping systematic and accessible records of medical error. Yet everyone knows that this is a false confidence . . . the current high incidence of iatrogenic illness constitutes a medical problem of enormous proportions, well recognized within government agencies and segments of the medical profession, but only dimly suspected by the public at large. There is still a relatively high probability of a patient suffering from medical error. What patients and the public have to learn is to recognize, accept, and respond reasonably to the necessary fallibility of the individual physician. The physician-patient relationship has to be redefined as one in which necessarily mistakes will be made, sometimes culpably, sometimes because of the state of development of the particular medical sciences at issue, and sometimes, inevitably, because of the inherent limitations in the predictive powers of an enterprise that is concerned essentially with the flourishing of particulars, of individuals. The patient and the public therefore must also understand that medical science is committed to the patient's prospering and flourishing, and that the treatment of the patient is itself a part of that science and not a mere application of it.

V. M. ZHIRMUNSKY AS A FOLKLORIST. ORIGIN AND DEVELOPMENT OF THE COMPARATIVE HISTORICAL TYPOLOGY METHODS

2020 ◽  
Vol 3 (4) ◽  
pp. 108-128
Author(s):  
Anna I. Kovalevskaya ◽  
Keyword(s):  
Literary Theory ◽  
Social Reality ◽  
Literary Studies ◽  
Basic Principles ◽  
Historical Method ◽  
Successful Search ◽  
Starting Point ◽  
High Regard ◽  
Main Ideas ◽  
Further Development

The article considers the main stages in formation of the method for the comparative historical typology the first steps of which were made by A.N. Veselovsky in the second half of the 19 th century. For example, the point elaborated upon in “Historical Poetics” concerning consequential evolution of genres and poetic forms that reflect social reality became the starting point for the further development of that method. Work in this direction was continued later on by V.M. Zhirmunsky. At the beginning of his career in academia he dwelled upon the issues of literary theory and – while keeping “Historical Poetics” in high regard – continued Veselovsky’s work in the field of literary studies. However, turning to folklore material, he managed to develop the basic principles of the comparative historical method: first of all, he had analysed and systematised the extensive epic material, what allowed him to reveal in the folklore work the national and the general, for the successful search and analysis of which the method was necessary. The author analysis of the works of Zhirmunsky, that contain his main ideas, and considers not only his suggestions on how to work with folk material, and also the features of the comparative typological method, as well as the development of Zhirmunsky’s ideas in the works of his students, followers and scientists who came to a similar result on their own (for example, V.Ya. Propp) and influenced further refinement of the methods of comparative typology.

THE IMPORTANCE OF THE LAW "ON OPERATIONAL INSPECTION ACTIVITIES" IN THE IMPLEMENTATION OF PREVENTION OF OFFENSES

2021 ◽  
Vol 6 (6) ◽  
pp. 71-78
Author(s):  
Farxod Djurayev ◽  
Keyword(s):  
Legal Status ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Joint Work ◽  
Basic Principles ◽  
The Law ◽  
Causes Of Crime ◽  
Prevention Of Crime

The article is devoted to the prevention of crime, maintenance of public order and early crime prevention, identification and elimination of the causes of crime in each district, family and individual, classification of each district depending on the crime situation in these regions and joint work to attract all forces and means to identify and eliminate the causes of crime, the role of the law "On operational-search activities" in the prevention of offenses, the concept of operational-search activities, the main tasks, basic principles; bodies carrying out operational-search activities, their legal status; types of operational-search measures and their comments regarding the procedure for conducting a search; social and legal protection of law enforcement officers and persons assisting in the conduct of such events, as well as their family members

Experience of creating a digital multimedia game

2021 ◽  
pp. 141-148
Author(s):  
О.В. Крежевских ◽  
А.И. Михайлова
Keyword(s):  
Vocational Education ◽  
Practical Significance ◽  
Basic Principles ◽  
Team Interaction ◽  
Digital Multimedia ◽  
Professional Groups ◽  
The Creation ◽  
Further Development ◽  
Creative Tasks

Создание геймифицированных образовательных ресурсов позволяет повысить мотивацию студентов к обучению, индивидуализировать образовательные маршруты, обеспечить вариативность содержания образования, учесть ограничения в здоровье. Цель настоящей статьи состоит в описании принципов разработки цифровых мультимедийных игр для сферы профессионального образования с учетом командного взаимодействия представителей различных профессиональных групп. В результате исследования выделены основные принципы разработки цифровых мультимедийных игр, предполагающие использование звуковых, анимационных и других эффектов при проведении корпоративных сеансов и выполнении творческих заданий. Практическая значимость заключается в возможности использования описанных принципов для дальнейшей разработки геймифицированных ресурсов. The creation of gamified resources makes it possible to increase the students’ motivation with the content of activities, to individualize educational routes, to ensure the variability of the content of education, to take into account health restrictions. The aim of this article is to describe the principles of developing digital multimedia games for vocational education, taking into account the team interaction of representatives of various professional groups. As a result of the study the basic principles of the development of digital multimedia games are highlighted, involving the use of sound, animation and other effects for corporate sessions and for doing creative tasks. The practical significance lies in the possibility of using the described principles for further development of gamified resources.

scholarly journals Peranan Majelis Pengawas Daerah (MPD) Terhadap Pengawasan Pelaksanaan Jabatan Notaris Di Kabupaten Tegal

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 179
Author(s):  
Dwikky Bagus wibisono ◽  
Umar Ma’ruf
Keyword(s):  
Supervisory Board ◽  
Legal Protection ◽  
Field Research ◽  
Social Institutions ◽  
Judicial Process ◽  
Basic Principles ◽  
Approach Method ◽  
Data Collection Technique ◽  
Relationship Of ◽  
The Relationship

AbstrakLembaga Kenotariatan adalah salah satu lembaga kemasyarakatan yang ada di Indonesia, lembaga ini timbul dari kebutuhan dalam pergaulan sesama manusia yang menghendaki adanya suatu alat bukti mengenai hubungan hukum keperdataan yang ada dan atau terjadi diantara mereka.Metode pendekatan yang digunakan dalam penelitian ini adalah yuridis empiris, spesifikasi yang digunakan dalam penelitian ini bersifat deskriptif analitis, teknik pengumpulan data ini menggunakan penelitian lapangan dan studi kepustakaan.Notaris sebagai pejabat umum dalam menjalankan jabatannya perlu diberikan perlindungan hukum, antara lain pertama untuk tetap menjaga keluhuran harkat dan martabat jabatannya termasuk ketika memberikan kesaksian dan berproses dalam pemeriksaan dan persidangan. Kedua, merahasiakan akta keterangan yang diperoleh guna pembuatan akta dan ketiga, menjaga minuta atau surat-surat yang dilekatkan pada minuta akta atau protokol Notaris dalam penyimpanan Notaris. Ketiga hal inilah yang menjadi dasar dalam Pasal 66 UUJN dalam hal pemanggilan Notaris untuk proses peradilan, penyidikan, penuntut umum atau hakim dengan persetujuan Majelis Pengawas.Kata Kunci: Majelis Pengawas Daerah, Pengawasan,Jabatan Notaris AbstractsThe Notary Institution is one of the existing social institutions in Indonesia, this institution arises from the needs in the association of fellow human who wants a proof of the relationship of civil law existing and / or occur between them.The approach method used in this research is empirical juridical, the specification used in this research is analytical descriptive, this data collection technique using field research and literature study.Notary as a general official in carrying out his / her position needs to be given legal protection, among others, first to maintain the nobility of dignity and dignity of office including when giving testimony and proceeding in examination and trial. Second, to keep secret deeds obtained for making the deed and third, to keep the minuta or letters attached to the Minutes of Notary or Notary's protocol in the Notary's depository. These are the basic principles of Article 66 of the UUJN in the case of calling a Notary to the judicial, investigative, prosecutorial or judicial process with the approval of the Supervisory Board.Keywords:  Regional Supervisory Board,Supervision,Notary Position

scholarly journals ROLE OF PATHYAPATHYA IN THE MANAGEMENT OF EKA KUSHTHA (PSORIASIS)

AYUSHDHARA ◽  
2021 ◽  
pp. 3009-3013
Author(s):  
Chandrakar Srishti ◽  
Diwan Rashmi ◽  
Sahu Jeevan Lal
Keyword(s):  
Skin Diseases ◽  
Medical Science ◽  
Signs And Symptoms ◽  
Lifestyle Changes ◽  
First Line ◽  
Basic Principles ◽  
Complete Treatment ◽  
Exact Etiology ◽  
Busy Schedule

Ayurveda is not merely a medical science. It is a complete life science. In Ayurveda all skin diseases are described under the Kushtha, which are further divided into Maha Kushtha and Kshudra Kushtha. Eka Kushtha is one of the Kshudra Kushtha described in different Ayurvedic classics. It is Vata-Kaphaj disorder. Ekakushtha has signs and symptoms i.e., Aswedanam (absence of sweating), Mahavastu (big size lesions) and Matsyasha kalopamam (scaling) which can be compared with Psoriasis. The exact etiology of Psoriasis is not known but many precipitating factors like genetic, dietary, immunological and psychological has been found. It is spreading fast because of unsuitable lifestyle changes such as dietary pattern, busy schedule and stress. The aim is to find out safe and effective treatment for psoriasis. Ayurveda plays an important role. There are three basic principles to treat any disease in Ayurveda i.e., Shodhana, Shamana and Nidana Parivarjana. Nidana Parivarjana is considered as the first line of treatment in most of the diseases. In Ayurveda diet plays a major role in the prevention and management of the disease. Sometimes Pathya and Apathya are the complete treatment of any diseases. So the main aim of this article is to focus on etiological factors of Ekakushtha and its management by various dietary regimens described in different Ayurvedic texts.

scholarly journals Judicial procedural issues of choosing an effective method of legal protection in civil cases

2021 ◽  
pp. 67-75
Author(s):  
Andrii Shabalin
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Specific Method ◽  
Judicial Discretion ◽  
The Rule Of Law ◽  
European Court ◽  
Legal Nature ◽  
Procedural Code ◽  
Protection Of Human Rights ◽  
Civil Cases

Keywords: civil procedural protection, court effective way of protection, civilprocess The article is devoted to the study of Civil Procedureaspects of the court's application of a proper and effective method of protecting aviolated right within the frame of its own judicial discretion. Attention is paid to thestudy of the legal nature of civil protection, existing doctrinal positions, as well as thelegal and regulatory environment. The features of the exercise of discretionary powersby the court regarding the use of an effective method of protecting violated privatelaw have been established. It is indicated that the court is empowered to choose an effectivemethod of legal protection exclusively within the limits of the statement ofclaim — claims are detailed. It is emphasized that when choosing an effective methodof protection, the principle of the rule of law must be observed, in accordance with theprovisions of Article 10 of the Civil Procedural Code of Ukraine (“CPCU”). This meansthat an effective method of legal protection must be correlated with the provisions ofthe Convention for the protection of human rights and fundamental freedoms and thecase law of the European Court of Human Rights. This universal provision applies toall cases of claim proceedings, namely the claim, which are decided by the rules ofcivil procedure. The peculiarity of the court's use of an effective method of protectionin civil cases is that it can choose an effective method of legal protection only in courtcases in which the claim is considered, as well as when the law or agreements do notdetermine the effective method of legal protection. On the basis of the conducted scientificresearch, the author has developed own gradation of legal criteria of choice bycourt of an effective way of legal protection at consideration of civil cases. Such a gradationis universal for all cases considered by the court under the rules of civil procedure.Exceptions to the above regarding the application of a specific method of protectionare cases related to compensation for damage caused to an individual as a resultof withdrawal of an insolvent bank from the market or liquidation of the bank.

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