The role of public and private law in the context of water allocation

2017 ◽  
pp. 19-20
Keyword(s):  
Water Allocation ◽  
Private Law ◽  
Public And Private

Aproximación a la personalidad jurídica de las civitates romanas en época imperial

2014 ◽  
pp. 2093-2120
Author(s):  
Rosa MENTXAKA ELESPE
Keyword(s):  
Private Law ◽  
Public And Private ◽  
Roman World ◽  
Different Types ◽  
Urban Settlements ◽  
Legal Entities

LABURPENA: Artikuluan modu oso oinarrizkoan aurkezten dira (hartzaile nagusiak zuzenbide-graduko ikasleak baitira) gure aroko lehenengo hiru mendeetako legelari erromatarrek civitates direlakoek trafiko juridikoan gauzatzen zuten jarduerari buruz egindako erreferentziak. Gai aurkeztu ostean (mundu erromatarrean zeuden mota desberdinetako hiri-kokalekuen arteko diferentziak ere azaltzen dira), klasikoen testuak aztertzen dira; horietan, hiri erromatarrei aitortutako ahalmenak aipatzen dira, zuzenbide publikoaren zein pribatuaren esparrukoak. Azterlanetik kanpo geratzen dira epigrafeetan edo legelariak ez zirenen testuetan egindako aipamenak. RESUMEN: El artículo presenta, de una manera muy básica (ya que tiene como principales destinatarios a las y los estudiantes del grado de derecho) algunas de las referencias que encontramos en los escritos de los juristas romanos de los tres primeros siglos de nuestra era a la actuación de las civitates en el tráfico jurídico. Tras una presentación del tema (en la que se explica la diferencia entre los diversos tipos de asentamientos urbanos existentes en el mundo romano) se pasa revista a los textos de los clásicos en los que se mencionan las facultades reconocidas a las ciudades romanas, tanto en el ámbito del derecho público como privado, dejando fuera del estudio las menciones transmitidas en epígrafes o en escritos de no juristas. ABSTRACT: Because it is mainly addressed to students, this paper presents, in a very basic way, some references to the role of the civitates, as legal entities in legal transactions; the texts are collected from Roman jurists of the first three centuries of our era. After an introduction of the different types of varied urban settlements in the Roman, world, there is an exposition based in the recognized faculties to the cities as actors of legal transactions, both in the field of public and private law, leaving aside the references transmitted in inscriptions or in writings of non-Jurists.

scholarly journals The Role of Private Law in the Regulation of Educational Relations

2019 ◽  
Vol 12 (5) ◽  
pp. 20
Author(s):  
Elena Vasilievna Kobchikova ◽  
Timofey Grigorievich Makarov
Keyword(s):  
Significant Role ◽  
Professional Education ◽  
Educational Institution ◽  
Civil Law ◽  
Educational Experience ◽  
Educational Services ◽  
Private Law ◽  
Educational Service ◽  
Public And Private

In this article prepared by Kobchikova E.V. and Makarov T.G., the connection between private law with educational relations is considered; it is stated that educational relations are characterized by the presence of public and private components in them. The work gives a detailed description to civil relations in the sphere of education, explores the concept of educational service, and considers the place of an agreement for rendering paid educational services among other service agreements. The authors of the article note that this agreement, just like the majority of civil law contracts, is a bilaterally binding one, i.e., both parties (educational institution and student) are bound with mutual obligations. In accordance with the principles of private law regulations, educational relations are regulated by the parties to the agreement for rendering fee-based educational services, based on the legal equality of the parties. Thus, the subjects of educational relations may create rights and obligations for themselves, as well as to change and terminate them. The authors note that agreements in the sphere of professional education allow students developing independence in learning, thus letting them controlling their educational experience in accordance with their needs and interests. All this points to the significant role of private law in the regulation of educational relations.

The Constructive Role of General Principles in International Arbitration

2018 ◽  
Vol 17 (3) ◽  
pp. 455-498
Author(s):  
Brianna Gorence
Keyword(s):  
International Law ◽  
Due Process ◽  
Private Law ◽  
International Arbitration ◽  
Public And Private ◽  
Fair And Equitable Treatment ◽  
Equitable Treatment ◽  
Unique Application

AbstractIn international arbitration, treaty standards, such as fair and equitable treatment (FET), general procedural norms, such as due process, and excuses for suspension of performance, such as the exceptio defense, draw on general principles of international law to clarify their interpretation and application. This article will (1) show what general principles of international law are, how they form and how they are distinct from general principles in domestic, public and private law systems; (2) illustrate their role with specific attention to their unique application in different international law contexts; (3) use the examples of FET, procedural norms and suspension of performance to show how general principles of international law are used in international arbitration; (4) warn against their inattentive, sloppy or haphazard use and application; and (5) ultimately highlight the benefits of incorporating general principles in international arbitration while proposing a precise methodology for their use.

Cultural diversity, human rights and inconsistency in the English courts

Legal Studies ◽  
2001 ◽  
Vol 21 (2) ◽  
pp. 192-225 ◽  
Author(s):  
Urfan Khaliq ◽  
James Young
Keyword(s):  
Human Rights ◽  
Cultural Diversity ◽  
Private Law ◽  
Public And Private ◽  
Cultural Conflicts ◽  
The Public ◽  
International Dimension ◽  
Child Abduction ◽  
The Uk

Ethnic and cultural diversity within the UK has ensured that English courts regularly have to resolve cultural conflicts. This paper concentrates on cultural conflicts in the courts where there is an international dimension to this issue and where persons not resident in the UK seek the help of the English courts. The paper does this by reference to two areas of law, asylum and child abduction, which also allows a comparison between the approach to human rights by judges in the public and private law spheres. The paper aims to highlight the in consistency of the approach among judges in child abduction cases, where the role of human rights is unclear. It contrasts this with the judicial approach in asylum cases and English law in general, where we argue human rights are increasingly influencing the attitudes to various practices justified on a cultural or religious basis.

Comparative History and the Internal View of French, German, and English Private Law

2006 ◽  
Vol 19 (1) ◽  
pp. 133-160 ◽  
Author(s):  
Catherine Valcke
Keyword(s):  
Legal System ◽  
German Idealism ◽  
Private Law ◽  
Legal Systems ◽  
Stare Decisis ◽  
Cartesian Dualism ◽  
Public And Private ◽  
Age Of Reason ◽  
Institutional Features

This Article explores the different intellectual and socio-political contexts that attended the emergence of the French, German, and English legal systems with a view to understanding French, German, and English private law from the perspective of the participants in these systems. The French legal system is a child of the Cartesian dualism that marked the Age of Reason, according to which the material world can and ought to be fully dominated by the human intellect. This conception of the relation of facts to ideas arguably is reflected in the structure and design of the French civil code, in such institutional features as the French conception of the role of the judge, as well as in the tendency of French jurists to view contractual consent subjectively. In contrast, the German legal system congealed at a time when Cartesian dualism was losing ground to German idealism. The dialectic conception of facts and ideas favoured by the German idealists arguably made its way into several institutional features of the German legal system, including the content of the BGB, the codification process, the conception of the role of the judge, the style of judicial decisions, and the greater inter-penetration of public and private law. It may also partly explain why German jurists have tended to view contractual consent as simultaneously objective and subjective. Finally, whereas both the French and the German legal systems emerged from highly intellectual contexts, the English legal system grew from a maize of pragmatic political and administrative considerations that left little room for explicit ideas. The emphasis on hard facts still is palpable in many aspects of contemporary English law, in particular, the doctrine of stare decisis, the conception of the judicial function, and the mode of reasoning by analogy. It arguably also is reflected in the tendency of English judges to privilege the objective conception of contractual consent.

Public and Private Net Savings in Developing Countries: Some Empirical Tests for the Period 1972-88 (Distinguishedl Lecture)

1992 ◽  
Vol 31 (4I) ◽  
pp. 431-447
Author(s):  
Peter A. Cornelisse ◽  
Elma Van De Mortel
Keyword(s):  
Public Debt ◽  
World Economy ◽  
Socioeconomic Development ◽  
Critical Size ◽  
Public And Private ◽  
Critical Dimensions ◽  
The Public ◽  
Empirical Tests ◽  
Financial Issues

The severe shocks that rocked the world economy in the 1970s and the ensuing efforts to adjust and to renew economic growth have had a profound effect on the economic literature. Especially the external and public debt problems which reached critical dimensions in many countries attracted much attention. Thus, in the field of macroeconomics financial issues have gained more prominence over the last two decades. Studies relating to the fiscal deficit have been particularly numerous. The critical size of national public debts, the contribution of the public debt to external debt, the reduced confidence in the state as the guide in socioeconomic development and the role of fiscal policy in adjustment processes are among the main reasons for this increased interest.

Torts and Other Wrongs

2019 ◽  
Author(s):  
John Gardner
Keyword(s):  
Public Policy ◽  
Distributive Justice ◽  
Strict Liability ◽  
Private Law ◽  
Moral Significance ◽  
Reasonable Person ◽  
Reasonable Person Standard ◽  
The Law

Torts and Other Wrongs is a collection of eleven of the author’s essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification of strict liability, the nature of the reasonable person standard, and the role of public policy in private law adjudication. Though focused on the law of torts, the wide-ranging analysis in each chapter will speak to theorists of private law more generally.

scholarly journals The Role of Place of Delivery in Preventing Neonatal and Infant Mortality Rate in India

Geographies ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 47-62
Author(s):  
Ujjwal Das ◽  
Barkha Chaplot ◽  
Hazi Mohammad Azamathulla
Keyword(s):  
Mortality Rate ◽  
Infant Mortality ◽  
Neonatal Mortality ◽  
Public Hospitals ◽  
Infant Mortality Rate ◽  
Private Institutions ◽  
Public And Private ◽  
Place Of Delivery ◽  
At Home

Skilled birth attendance and institutional delivery have been advocated for reducing maternal, neonatal mortality and infant mortality (NMR and IMR). This paper examines the role of place of delivery with respect to neo-natal and infant mortality in India using four rounds of the Indian National Family Health Survey conducted in 2015–2016. The place of birth has been categorized as “at home” or “public and private institution.” The role of place of delivery on neo-natal and infant mortality was examined by using multivariate hazard regression models adjusted for clus-tering and relevant maternal, socio-economic, pregnancy and new-born characteristics. There were 141,028 deliveries recorded in public institutions and 54,338 in private institutions. The esti-mated neonatal mortality rate in public and private institutions during this period was 27 and 26 per 1000 live births respectively. The study shows that when the mother delivers child at home, the chances of neonatal mortality risks are higher than the mortality among children born at the health facility centers. Regression analysis also indicates that a professionally qualified provider′s antenatal treatment and assistance greatly decreases the risks of neonatal mortality. The results of the study illustrate the importance of the provision of institutional facilities and proper pregnancy in the prevention of neonatal and infant deaths. To improve the quality of care during and imme-diately after delivery in health facilities, particularly in public hospitals and in rural areas, accel-erated strengthening is required.

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