Q 74-8 On what do the courts focus when deciding whether debt collection costs should be recoverable or not? Cf. once again C 74-2, C 74-3. Q 74-9 Is there any possibility, at law, to impose attorneys’ fees on the other party under Art. 74 CISG? Cf. once again C 74-4. Q 74-10 Read the decision of the Amtsgericht Alsfeld in C 74-3, and answer the follow-ing questions. a) Why was the aggrieved party denied its debt collection costs? b) Would it have been able to recover them if the lawyer who represented it in court was the same as the lawyer who had tried to collect the out-standing sum? Which law would have governed that claim? Q 74-11 Do you see any practical difficulties resulting from the differentiation between extra-judicial legal costs, which are governed by the Convention, and judicial legal costs, which are outside the scope of the CISG? Q 74-12 What does C 74-4 state on the question of whether the aggrieved party will be compensated for the costs of legal proceedings? In particular, a) which law governs the costs of legal proceedings? b) due to what crucial reason did the court refuse to allow damages for legal expenses? c) why is it doubtful, according to C 74-4, that the USA would have signed the CISG if ‘loss’ was intended to include attorneys’ fees as well? Q 74-13 Are losses caused by currency fluctuations to be compensated? Cf. once again C 74-5. Q 74-14 a) How did the seller provide satisfying evidence in C 74-5? b) What standard of proof did the court apply? c) Is the question of standard of proof settled in the CISG? Try to find arguments for and against the position that it is governed by the CISG. 5. Consequential damages a) Loss of profit Loss of profit, the most prominent ‘indirect loss’, is expressly recognised as recover-able under Art. 74 CISG. Loss of profit is defined as the prevented augmentation of assets. Assessing loss of profit usually involves a prediction as to how the situation would have developed had the contract been fulfilled properly. On the inter-relation between loss of profit and other damages, as well as on the calculation of

2007 ◽  
pp. 566-566
Keyword(s):  
The Other ◽  
Legal Proceedings ◽  
Standard Of Proof ◽  
The Usa ◽  
Legal Costs ◽  
Debt Collection ◽  
Collection Costs

Direct loss Direct loss is, firstly, the reduction of value of the goods due to their non-conformity. The aggrieved buyer is allowed to have the non-conformity cured at the expense of the seller. The aggrieved party is, furthermore, entitled to receive remuneration for the expenses it incurred in pre-contractual negotiations, in performing a contract or removing goods as well as costs for reselling and marketing and other costs incurred under substitute transactions. 4. Incidental loss a) In general According to the principle of full compensation set out in Art. 74 CISG, incidental damages are recoverable as well. Incidental damages include expenditure for making delivery, storing and preserving non-conforming goods, shipping and customs costs incurred when returning the goods, repairing any damage to goods that has since occurred, or installing substitute goods. The main question is whether the losses which the aggrieved party seeks to recover have become futile due to the defective performance of the other party. b) Special cases aa) Expenditure for debt collection and costs of legal proceedings A prominent problem under the damages rules of the CISG is whether the expenditure for debt collection is recoverable. See thereto the following case abstracts. 74-2

2007 ◽  
pp. 562-562
Keyword(s):  
The Other ◽  
Main Question ◽  
Legal Proceedings ◽  
Special Cases ◽  
Full Compensation ◽  
Direct Loss ◽  
Debt Collection ◽  
To Receive

SCENARIOS FOR AN EXPANDING DEMAND OF TOURISM ON THE COASTS OF CUBA

2017 ◽  
Author(s):  
Oscar Gutiérrez-Bolívar ◽  
Oscar Gutiérrez-Bolívar ◽  
Pedro Fernández Carrasco ◽  
Pedro Fernández Carrasco
Keyword(s):  
United States ◽  
The Other ◽  
Sudden Increase ◽  
Tourist Destination ◽  
Other Hand ◽  
The Usa ◽  
The Impact

The opening of relationships between United States and Cuba could be a drive for a huge increase in the affluence of tourism to Cuba and especially to the coast areas. Cuba has been for many years an important tourist destination for people from many countries, but almost forbidden for US citizens. The proximity of the USA, its amount of population as well as their great acquisition power will increase in a very substantial way the demand for accommodation and other uses in the proximity of the coasts. There will be a need to implement a package of measures that reduce the impact of such sudden increase in the coastal line. On the other hand that augment in tourism could be an opportunity to improve the standard of life of Cubans. The consideration of different possibilities of such development, the analysis of the damages that each one could cause as well as the measures that could avoid, ameliorate or compensate such effects are the goals that are going to be presented in this paper.

The Restructuring of the Automobile Industry in the USA

1992 ◽  
Vol 24 (6) ◽  
pp. 833-852 ◽  
Author(s):  
R D Bingham ◽  
K K Sunmonu
Keyword(s):  
Automobile Industry ◽  
The Other ◽  
Cycle Phase ◽  
Economic Downturn ◽  
Mature Phase ◽  
The Us ◽  
Two Systems ◽  
Spatial Configurations ◽  
The Usa

In this paper, the changes in the US automobile industry which have occurred over the 1979–86 economic downturn and recovery are examined within the framework of Markusen's profit-cycle theory. When viewing the automobile indusltry as a whole, some of the findings support the profit-cycle theory and others do not. The theory is supported, however, within the context of two distinct automobile industries in the USA—one ‘Fordist’ and the other a Japanese ‘post-Fordist’ system. The Fordist system is entering the negative profit-cycle phase and the post-Fordist system is in the mature phase. The two systems have very different spatial configurations and are likely to have very different economic futures.

scholarly journals Current Nuclear Strategies and Arsenals of the United States of America and the Russian Federation

2021 ◽  
Vol 30 (4) ◽  
pp. 23-44
Author(s):  
Adam Potočňák
Keyword(s):  
Cold War ◽  
United States Of America ◽  
The United States ◽  
The Other ◽  
Nuclear Forces ◽  
Nuclear Strategy ◽  
The Usa ◽  
The Russian Federation ◽  
The Cold War ◽  
The U.S

The article holistically analyses current strategies for the use and development of nuclear forces of the USA and Russia and analytically reflects their mutual doctrinal interactions. It deals with the conditions under which the U.S. and Russia may opt for using their nuclear weapons and reflects also related issues of modernization and development of their actual nuclear forces. The author argues that both superpowers did not manage to abandon the Cold War logic or avoid erroneous, distorted or exaggerated assumptions about the intentions of the other side. The text concludes with a summary of possible changes and adaptations of the American nuclear strategy under the Biden administration as part of the assumed strategy update expected for 2022.

scholarly journals STATE MANAGEMENT IN THE AREA OF ENSURING THE SECURITY OF THE COURT AND PARTICIPANTS IN LEGAL PROCEDURES

2020 ◽  
Vol 10 (1) ◽  
pp. 73-89
Author(s):  
Vadym Kolomiiets ◽  
Tetiana Lukianenko ◽  
Daria Lazareva ◽  
Nana Bakaianova ◽  
Oksana Kadenko
Keyword(s):  
Public Management ◽  
Legal Regulation ◽  
The State ◽  
State System ◽  
Situational Analysis ◽  
Judicial Reform ◽  
Legal Proceedings ◽  
State Management ◽  
The Usa ◽  
Judicial Protection

The authors investigated the features of the legal regulation of the functioning and organizational aspects of the activities of the authorities, the competence of which includes ensuring the security of the court, judges, and other participants of legal proceedings.Particular attention is paid to the intergovernmental body of the Council of Europe - The European Committee on Legal Co-operation (CDCJ), one of the activities of which is to ensure the proper functioning of the judiciary. The features of the general project between the CDCJ and Ukraine “Support for judicial reform in Ukraine (voluntary contribution)” are identified. The features of the activities of sheriffs in Canada and the USA, the regulatory documents of these countries, which determine the status and competence of the sheriffs in the field of judicial protection, are highlighted. The chronology of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings, from 1997 to the present, is investigated. In the course of the study, the authors have been determined the individual stages of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings; the competence of state bodies to ensure judicial protection and the legal basis for their activities, depending on the period of operation. The content of the norms of some regulatory legal acts of Ukrainian legislation, which regulates the activities of the bodies responsible for ensuring the security of the court, judges, and other participants of legal proceedings, is disclosed. The scheme of “gap” while elemental situational analysis of safety of participants in legal proceedings is examined. A matrix for ranking the factors of complex security of participants of judicial system and recommendations on development of public management in the area of legal and judicial security.

scholarly journals STANDARDS OF PROOF: AID OR PITFALL?

Obiter ◽  
2021 ◽  
Vol 31 (3) ◽  
Author(s):  
Andra le Roux-Kemp
Keyword(s):  
General Public ◽  
Natural Sciences ◽  
Point Of View ◽  
Pivotal Role ◽  
Legal Proceedings ◽  
Standard Of Proof ◽  
Legal Science ◽  
Standards Of Proof ◽  
Responsible Party

During the course of legal proceedings, evidentiary material is analyzed and evaluated in order to make a final judgement whether the responsible party has discharged the onus of proof. The existence of a standard of proof against which the presiding officer can measure the evidence submitted consequently plays a pivotal role. This standard of proof (bewysmaatstaf) represents the standard of guilt in legal science and has also been described as a standard of conviction. The standard of proof does not pertain to the inherent qualities of evidentiary material, but rather to the degrees of conviction of the presiding officer in a particular case. The function of thestandard of proof is furthermore to provide presiding officers with a guideline/yardstick to measure the degree of conviction that the general public believe the presiding officer should have over the correctness of all the factual conclusions in the particular proceedings. In this article, the standard of proof in law will be discussed from a comparative point of view; different standards of proof from different jurisdictions will be considered and juxtaposed against similar standards used in the natural sciences.

scholarly journals All Straussians Now?

Philosophy ◽  
2004 ◽  
Vol 79 (2) ◽  
pp. 161-162
Keyword(s):  
Human Nature ◽  
Liberal Democracy ◽  
American Foreign Policy ◽  
The Other ◽  
Leo Strauss ◽  
Human Flourishing ◽  
The Road ◽  
The World ◽  
Teachers And Students ◽  
The Usa

Of course, we are not all Straussians, even now, and not just because Leo Strauss is virtually unknown outside the small circle of his followers. (Leo Strauss's name does not even appear in the first five works of philosophical reference we consulted.) Ignorance aside, many readers of Philosophy, along with many other intellectuals, academics, teachers and students, would in any case be appalled to learn that they have any beliefs in common with what is known to-day as neo-Conservatism. But neo-Conservatism is undoubtedly influential in contemporary American foreign policy, and its philosophical roots are Straussian in the very direct sense that many of those driving that policy would regard themselves as having been influenced by Strauss. And only the other day we heard an eminent member of the Conservative Shadow Cabinet in Britain declare that modern conservatism had just two options: to go backwards with Michael Oakeshott's inimitable brand of clubbable nostalgia or brightly forward into the twenty-first century with the neo-Conservatism of Leo Strauss.To describe Leo Strauss as a neo-Conservative is itself an irony Strauss may have been appreciated. For Strauss was neither neo nor a conservative. He was not neo because he believed that the only way to understand our situation was to go back to the ancients, and to understand them on their own terms. We had to read Plato and Aristotle, and to understand them we had to read the Greek historians, Xenophon above all; to understand modernity we had to read Machiavelli, the first modern, and to understand him we had to read Livy, and so on and so on. And he was not conservative, if by conservative one means having an over-weening commitment to some local history or tradition or being nostalgic for an imaginary past. Strauss believed, as did the ancients, in a universal human nature, and he believed that from this nature followed certain things about the conditions necessary for human flourishing, now and in the future.Strauss was born in Germany in 1899, into orthodox Jewry. His studies in Germany included a year in Freibourg as a colleague of both Husserl and Heidegger. He left Germany in 1932, and for most of the rest of his life he was a teacher in American universities, notably in Chicago and St John's College Annapolis. What the ancients and his own experience further taught Strauss was this: ‘Liberal democracy is the only decent and just alternative available to modern man. But he also knew that liberal democracy is exposed to, not to say beleagured by threats, both practical and theoretical. Among those threats is the aspect of modern philosophy that makes it impossible to give rational credence to the principles of the American regime, thereby eroding conviction of the justice of its cause.’ The words are those of Allan Bloom, Strauss's pupil, taken from his obituary of Strauss in 1974, and in Strauss's view as well as in Bloom's the sources of that erosion included as well as Heidegger, Rousseau and Nietzsche.Strauss himself had a horror of anything except thought. In Bloom's words he ‘was active in no organization, served in no position of authority, and had no ambitions other than to understand and help others who might also be able to do so.’Nevertheless, despite Strauss's own reticence and his almost complete neglect in the academic world, some of those he helped, and some of their pupils are now influential in the highest political circles in the USA. They too believe in a universal human nature and that it is to be found in Africa and Asia and everywhere else in the world, as much as in the West. They believe that if you have the power to afford the benefits of liberal democracy in places where people have for decades suffered under tyranny or are locked into cycles of ethnic strife and slaughter, you should not turn your head away and pass on the other side of the road, as in different ways old Conservatives and modern cultural relativists might be inclined to do. You should actually intervene, even at cost to yourself.These beliefs may be wrong, but they could well seem attractive to those seeking a better future for the world as a whole. They are not self-evidently absurd or wicked. They, and their best sources, deserve thought and study. It is time for the writings of Leo Strauss to appear on syllabuses of political philosophy.

Domestic Violence Reported to the Police: Correlates of Victims’ Reporting Behavior and Support to Legal Proceedings

2016 ◽  
Vol 31 (3) ◽  
pp. 402-415 ◽  
Author(s):  
Rémi Boivin ◽  
Chloé Leclerc
Keyword(s):  
Domestic Violence ◽  
Logistic Regression ◽  
Regression Models ◽  
Multinomial Logistic Regression ◽  
The Other ◽  
Individual Factors ◽  
Initial Report ◽  
Logistic Regression Models ◽  
Legal Proceedings ◽  
History Of

This article analyzes reported incidents of domestic violence according to the source of the complaint and whether the victim initially supported judicial action against the offender. Almost three quarters of incidents studied were reported by the victim (72%), and a little more than half of victims initially wanted to press charges (55%). Using multinomial logistic regression models, situational and individual factors are used to distinguish 4 incident profiles. Incidents in which the victim made the initial report to the police and wished to press charges are the most distinct and involve partners who were already separated at the time of the incident or had a history of domestic violence. The other profiles also show important differences.

PROTECTION OF CREDITORS IN THE EXECUTION FIDUCIARY GUARANTEE KENDARAAN MOTOR CREDIT

2015 ◽  
Vol 1 (1) ◽  
pp. 62-75
Author(s):  
Nurwati SH., MH.
Keyword(s):  
Moving Objects ◽  
Legal Aspects ◽  
The Other ◽  
Legal Evidence ◽  
Other Hand ◽  
Credit Guarantees ◽  
Legal Security ◽  
Debt Collection ◽  
The Right ◽  
Direct Execution

ABSTRACTFiduciary security is legal security over on moving objects both tangible and intangible, and building or a house on the land belong to someone else, either registered or not, which cannot be burdened with mortgage rights that keep in control of the fiduciary as collateral of debt repayment. If debtor as Fiduciary giver to be insolvent, so the creditor is entitled to have the fiduciary mentioned. For repayment of the debtor and the creditor in this case is called the right separatists.  There are many direct execution in banking practice about the object credit that are not perfect bound of guarantees or not through the insurance agency. Execution is doing by creditors, which debtor accompanied or not, or the object credit guarantees owner. Execution is done by regular sales or through creditor takeover.  Protection of creditors interest doing by giving legal aspects of registration precedes rights while providing executorial title for the fiduciary receivers benefit, on the other hand, the registration arrangements for certain objects that are not listed cause haziness opportunities of law implementation if it isnot done by carefully and clearly. To protect creditors interests, at the time of the debtor defaults, so that creditors as apreferential rights receiver in debt collection and as legal evidence, so warehouse receipts guarantee that the debtor should be given the imposition of bail.Key: Execution, Fiduciary, Creditors, Debtors

Articulated dissent and immediacy: a cross-national analysis of the effects of COVID-19 lockdowns

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Stephen Michael Croucher ◽  
Stephanie Kelly ◽  
Chen Hui ◽  
Kenneth J. Rocker ◽  
Joanna Cullinane ◽  
...  
Keyword(s):  
National Culture ◽  
Design Methodology ◽  
Online Communication ◽  
The Other ◽  
Content Type ◽  
Computer Mediated ◽  
The Usa ◽  
National Analysis ◽  
Cross National

Purpose In the midst of the COVID-19 pandemic, this study aims to explore how working remotely might impact the superior–subordinate relationship. Specifically, this study examines how immediacy explains articulated dissent, considers how an individual’s attitudes toward online communication predicts immediacy and articulated dissent and compares these relationships in England, Australia and the USA. Design/methodology/approach Three nations were examined: Australia, England and the USA (n = 1,776). Surveys included demographic questions and the following measures: organizational dissent scale, perceived immediacy measure, computer-mediated immediate behaviors measure and measure of online communication attitude. Findings The results reveal supervisors’ computer-mediated immediate behaviors and perceived immediacy both positively predict dissent. Some aspects of online communication attitudes positively predict computer-mediated immediate behaviors and perceived immediacy. In addition, attitudes toward online communication positively predict dissent. National culture influences some of these relationships; in each case the effects were substantively larger for the USA when compared to the other nations. Originality/value This study is the first to cross-culturally analyze dissent and immediacy. In addition, this study considers the extent to which the COVID-19 pandemic influences the superior–subordinate relationship.

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