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.

scholarly journals The Significance of Central Bank of Malaysia Act to Islamic Banking

2019 ◽  
Vol 6 (4) ◽  
pp. 158-180
Author(s):  
Aishath Muneeza
Keyword(s):  
Central Bank ◽  
Case Law ◽  
Legal Framework ◽  
Legal Issues ◽  
Advisory Council ◽  
Islamic Banking ◽  
Legal Research ◽  
Or Practice ◽  
To Come

Malaysia is considered as the cranium of Islamic banking. The purpose of this paper is to find out the significance of Central Bank of Malaysia Act (CBMA) to Islamic banking by analysing the relevant provisions of CBMA and the reported case law in Malaysia in this regard. This is a legal research where the provisions of this Act relevant to Islamic banking is reviewed and assessed in the light of reported case law. It is found that there is a need for the legislature to come up with the specific directions or practice notes in which Shariah issues of the case could be differentiated from factual issues/legal issues. It is hoped that the outcome of this paper will assist those jurisdictions aspiring to have a sophisticated legal framework for Islamic banking to comprehend the significance of having statutory provisions to establish the apex Shariah Advisory Council at the Central Bank level.

scholarly journals Penguasaan Tanah Reklamasi tanpa Alas Hak atas Tanah: Studi Kasus di Desa Taddan, Kecamatan Camplong, Kabupaten Sampang

Lentera Hukum ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 144
Author(s):  
Amri Ubaidillah
Keyword(s):  
Law Enforcement ◽  
Preventive Measures ◽  
Land Rights ◽  
Legal Issues ◽  
Legal Research ◽  
Legal Subject ◽  
Legal Implications ◽  
Land Control ◽  
The Village

This study discuss legal issues concerning control of reclamation without possessing land rights as the result of the unregistered reclamation by communities in the Village of Tanddan, Sub-district Campling in the Sampang Regency. The aim of this study is to show legal implications and analyze effectivity of law enforcement on the accomplishment land control of reclamation without possession. By using empirical legal research with socio-juridical approach, the result of study shows that legal subject cannot control over and build houses over land of reclamation withou posession of land rights. In other words, houses built over land of reclamation without land rights can be evicted without any compensation. Therefore, such land of reclamation should be registered  as the governmental land to the National Agrarian Board or Badan Pertanahan nasional (BPN) in the Sampang regency. It also affirms that there is a problem of effeciency of law enforcement on the accomplishment of land control of reclamation without any repressive and preventive measures. Keywords:  Land Control, Reclamation, Sampang

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.

The Foundations of European Union Competition Law

2011 ◽  
Author(s):  
Nazzini Renato
Keyword(s):  
Interdisciplinary Approach ◽  
Competition Law ◽  
Consumer Welfare ◽  
Case Law ◽  
Analytical Framework ◽  
Dominant Position ◽  
Eu Competition Law ◽  
The Common ◽  
Definition Of ◽  
Union Competition

Article 102 of the TFEU prohibits the abuse of a dominant position as incompatible with the common market. Its application in practice has been wide-ranging with goals as diverse as the preservation of an undistorted competitive process, the protection of economic freedom, the maximisation of consumer welfare, total welfare, or economic efficiency all cited as possible or desirable objectives. These conflicting aims have raised complex, conceptual questions such as how a dominant position should be defined, and how abuses can be assessed. This book addresses the conceptual questions underlying the test to be applied under Article 102 in light of the objectives of EU competition law. Adopting a comparative and interdisciplinary approach, the book covers all the main issues relating to Article 102, including the definition of dominance, the taxonomy of abuses, and the criteria for the assessment of individual abusive practices. It provides an in-depth doctrinal and normative commentary of the case law with the aim of establishing an intellectually robust and practically workable analytical framework for abuse of dominance.

scholarly journals Is the current law on Conspiracy to commit Murder effective and fair?

2019 ◽  
Vol 1 (1) ◽  
pp. 85-98
Author(s):  
Chloe Collins ◽  
Chelsie Rapley ◽  
Brian Chia ◽  
Luke Smith ◽  
Ben Middlemass
Keyword(s):  
Thirteenth Century ◽  
Case Law ◽  
Criminal Offence ◽  
Legal Research ◽  
The Third ◽  
Current State ◽  
The Law ◽  
Definition Of ◽  
False Accusations ◽  
Law Commission

“Conspirators be they that…bind themselves by Oath…or other Alliance, that every of them shall aid and support the Enterprise of each other falsely and maliciously to indite.”Established in the Third Ordinance of Conspirators in 1304; the first definition of conspiracy was to prevent and punish those who would plan to use children to present their false accusations in court on their behalf (as children could not be criminally liable). The aim of the law on conspiracy, although widening the scope, has been clear from the thirteenth century: to prevent and punish the planning of a criminal offence. However, since expanding, the law on conspiracy has been criticised especially in regard to sentencing as “unduly harsh.” This is the result of numerous problems with the current law on conspiracy to murder, which is in urgent need of reform. “On the 10th of October 2007, the law commission proposed many recommendations on reforms of statutory conspiracy” (Law Commission 2018). The focus of this legal research is to explore the current state of law regarding conspiracy to murder and the legislation, case law, scholarly and media articles discussed in this report will evaluate the effectiveness and fairness of the law on conspiracy to murder. Thus, the question to sum up our legal research “Is the current law on conspiracy to commit murder effective and fair?"

The Legal Implications of Cloud Computing

2012 ◽  
pp. 257-272
Author(s):  
Michael L. Kemp ◽  
Shannon Robb ◽  
P. Candace Deans
Keyword(s):  
Cloud Computing ◽  
Case Law ◽  
Legal Aspects ◽  
Legal Issues ◽  
Legal Environment ◽  
Cloud Platform ◽  
Road Map ◽  
Legal Implications ◽  
Emerging Issues

The purpose of this chapter is to examine the current legal environment of cloud computing. As the cloud platform continues to evolve, companies will find the need to address the business risks, particularly legal issues which will be of paramount concern. This chapter discusses the legal dimensions of cloud computing from the perspective of three L’s: Location, Litigation, and Liability. Most of the current issues can be evaluated as part of one of these categories. Although the legal aspects of the cloud lag behind the business and technology side, prior case law is discussed as it applies to issues arising from various implementations of cloud computing applications. This discussion provides a road map for CIOs and other managers as they deal with emerging issues and legal ramifications of cloud computing. The chapter also provides direction for research in this realm.

scholarly journals Interpretation of The Phrase “Coercion” in The Compilation of Islamic Law as Reasons for Cancellation of Marriage

2021 ◽  
Vol 15 (2) ◽  
pp. 271-288
Author(s):  
Neng Widya Millyuner ◽  
Adi Nur Rohman ◽  
Elfirda Ade Putri
Keyword(s):  
Islamic Law ◽  
Legal Issues ◽  
Third Party ◽  
Legal Research ◽  
Conceptual Approach ◽  
Sociological Approach ◽  
Legal Implications ◽  
Legal Consequence ◽  
Religious Courts

Marriage is a common thing in society with ubudiyyah elements in it. However, legal issues often accompany the sanctity of the marriage bond itself, such as the cancellation of a marriage due to an element of coercion from a third party. Article 71 Compilation of Islamic Law (KHI) states that one of the reasons for being able to apply for a marriage cancellation is because of coercion when the marriage took place. The purpose of this study is to analyze the meaning of the phrase "coercion" as a reason for annulment of marriage and its accompanying legal implications. This type of research is classified as normative-empirical legal research using a statutory approach and a conceptual approach plus a sociological approach as a tool. This research refers to a variety of primary, secondary and tertiary legal materials compiled and traced through literature studies and interviews with judges of the Religious Courts. The legal materials that have been collected are then analyzed descriptively and analytically. The results showed that what is meant by coercion in marriage is a marriage that occurs not because of one's own will or feels that he is under threat. As a form of legal consequence, annulment of a marriage by force is different from divorce, where the marriage bond that occurred before the breakup of the marriage is considered never to have occurred.

The Legal Implications of Cloud Computing

2015 ◽  
pp. 2099-2114 ◽  
Author(s):  
Michael L. Kemp ◽  
Shannon Robb ◽  
P. Candace Deans
Keyword(s):  
Cloud Computing ◽  
Case Law ◽  
Legal Aspects ◽  
Legal Issues ◽  
Legal Environment ◽  
Cloud Platform ◽  
Road Map ◽  
Legal Implications ◽  
Emerging Issues

The purpose of this chapter is to examine the current legal environment of cloud computing. As the cloud platform continues to evolve, companies will find the need to address the business risks, particularly legal issues which will be of paramount concern. This chapter discusses the legal dimensions of cloud computing from the perspective of three L's: Location, Litigation, and Liability. Most of the current issues can be evaluated as part of one of these categories. Although the legal aspects of the cloud lag behind the business and technology side, prior case law is discussed as it applies to issues arising from various implementations of cloud computing applications. This discussion provides a road map for CIOs and other managers as they deal with emerging issues and legal ramifications of cloud computing. The chapter also provides direction for research in this realm.

scholarly journals Legal Implications For Notary Who Does Not Attach The Fingerchop On Original Agreement

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 459
Author(s):  
Edi Adi Ambarawa ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Legal Issues ◽  
Legal Argument ◽  
Legal Research ◽  
Legal Implications

This study aims to find out the background of the attachment of fingerchops to the Original Agreement and legal implications for Notary who do not attach it. This study used the normative legal research method, through the approach of law to gain views and doctrine as the basis of legal argument on legal issues studied. Based on the results, it can be seen that the background attached fingerchop tap on the Original Agreement aims to anticipate when the applicant denied his signature. Thus, as additional evidence uses fingerchops. Legal implications for a Notary who does not attach a fingerchop to the Original Agreement may be subject to sanctions in accordance with Article 16 paragraph (11) of Notary Law: (a) written notice; (b) temporary dismissal; (c) dismissal with respect; (d) dismissal with disrespect. If a written warning sanction to a Notary is not complied with or violated by the Notary concerned, then the following sanctions may be imposed in stages.Keywords: Notary; Fingerchop; Original Agreement.

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