Legal Effect of Illegal dispatch and Extinction of Rights under the Workers Dispatching Act

2021 ◽  
Vol 34 ◽  
pp. 155-180
Author(s):  
Ji-Soon Park
Keyword(s):  
Legal Effect

A New System Takes Shape

2018 ◽  
Author(s):  
Thomas C. Guiney
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Critical Appraisal ◽  
Planning Process ◽  
Decision Makers ◽  
Transitional Period ◽  
Green Paper ◽  
Home Office ◽  
Legal Effect ◽  
Parole System

The chapter examines the legislative planning process that gradually refined the early release framework eventually given legal effect by Part Two of the Criminal Justice Act 1991. The chapter begins with a review of the post-election planning process that gathered pace following the 1987 General Election. It examines the Home Office strategic awayday held at Leeds Castle in September 1987 and goes on to consider the Green Paper, Punishment, Custody and the Community and an unprecedented conference at Ditchley Park which brought together senior decision-makers from across the criminal justice system. The chapter then examines the passage of the Criminal Justice Bill 1990/91 and reflects upon the dramatic backlash against the new parole system in the mid-1990s. The chapter concludes with a critical appraisal of the underlying tensions that defined the development of criminal justice during this transitional period.

Condicio supervacua and related conditions 
in Roman law

2015 ◽  
Vol 83 (1-2) ◽  
pp. 77-106
Author(s):  
Veronika Kleňová ◽  
Zdenko Takáč
Keyword(s):  
The Other ◽  
Legal Norm ◽  
Roman Law ◽  
Legal Situation ◽  
Legal Effect ◽  
Proper Condition ◽  
Legal Opinion

The article deals with the conditions that did not have the legal effect of a ‘proper condition’. The authors distinguish these conditions from a ‘proper condition’ pointing out that the distinguishing feature is an ‘uncertainty’ carried by the condition. Firstly, the authors focus their attention on the condicio supervacua – the term is explicitly used only by Pomponius in the case of legacies. It did not have the effect of a ‘proper condition’, because the uncertainty expressed by the condition already resulted from the legal norm itself. It was an explicitly expressed condicio iuris pursuant to the modern definitions of the term. The authors analyze and compare various cases that seemingly deal with condiciones iuris too. The analysis makes it clear that they were regarded as supervacuae, unless the testator changed the legal situation in some way through their expression. He had to insert some new uncertainty that did not result from the legal norm itself. The other kind of condition that the article deals with is condicio institutionis/substitutionis expressly re-applied to a legatum. This condition is different from condicio supervacua, because in this case the new uncertainty was added by the testator himself. Despite some doubts, the legal opinion which prevailed in Roman law was that such a condition did not have the effect of a ‘proper condition’ in relation to a legacy. The reason is that even if the testator re-applied the condition of institution also to a legacy, he extended only the uncertainty of aditio hereditatis and did not insert any new uncertainty into the legacy itself.


The Rebirth of the EU’s Charter of Fundamental Rights

2011 ◽  
Vol 13 ◽  
pp. 283-309
Author(s):  
Steve Peers
Keyword(s):  
Human Rights ◽  
Active Role ◽  
Legal Order ◽  
Fundamental Rights ◽  
Treaty Of Lisbon ◽  
Court Of Justice ◽  
Legal Effect ◽  
Charter Of Fundamental Rights ◽  
The Eu

AbstractSince the conferral of binding legal effect on the EU’s Charter of Fundamental Rights with the entry into force of the Treaty of Lisbon, the Court of Justice has taken an active role in developing the Charter as the leading source of human rights rules in the EU legal order. While the Court has begun to clarify some important points relating to the Charter, a number of significant issues still need to be addressed.

scholarly journals Kewenangan Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Menyelesaikan Sengketa Asuransi Pasca Keluarnya Peraturan Otoritas Jasa Keuangan (OJK) Nomor 1/POJK.07/2014

2019 ◽  
Vol 12 (2) ◽  
pp. 102
Author(s):  
Wisnu Kumala ◽  
Yaswirman Yaswirman ◽  
Ulfanora Ulfanora
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Financial Services ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Research ◽  
Research Results ◽  
Consumer Protection Act ◽  
Legal Effect ◽  
Legal Consequences

There is a tug of authority in resolving insurance disputes outside the court between the Consumer Dispute Settlement Agency (BPSK) based on Law Nomor 8 of 1999 concerning Consumer Protection with Alternative Dispute Resolution Institutions (LAPS) based on Financial Services Authority Regulation Number 1/POJK.07/2014. This encourages the author to conduct legal research in order to determine the authority of BPSK in resolving insurance disputes as well as the legal consequences of the decision after the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014 using the statutory approach. This legal research results in the finding that BPSK is still authorized to settle insurance disputes following the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014, this is based on the provisions of the Lex superior derogat legi inferiori principle. Then there is no legal effect on the BPSK decision after the issuance of the Financial Services Authority Regulation. This is because BPSK's decision has been based on Law Number 8 of 1999 concerning Consumer Protection, whose position is higher than the Regulation of the Financial Services Authority. So there is no need for BPSK to follow the provisions of the regulations whose hierarchy of legislation is lower than the Consumer Protection Act. Therefore BPSK's decision is "final and binding" as explained in Article 54 paragraph 3 of the Consumer Protection Act.

scholarly journals Fiduciary Agreement Implementation in Car Credit Agreement on Financing Institutions of Mandiri Finance of Cirebon Based on Act No. 42 of 199 About Fiduciary

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 655
Author(s):  
Ardiansyah Alrawi ◽  
Gunarto Gunarto
Keyword(s):  
Financial Institutions ◽  
Legal Protection ◽  
The Public ◽  
Legal Development ◽  
Freedom Of Contract ◽  
Legal Effect ◽  
The Moment ◽  
Credit Agreement ◽  
The City

The emergence of various institutions today's economy helped spur the economy of the community. But unfortunately the growth of the economic institutions are not supported by an adequate legal development. The presence of various financial institutions helped bring a major role in economic development of society, especially the poor. These financial institutions emerged as a form of providing funds or capital goods for the public to purchase goods on payment in installments or periodically by consumers. Construction consumer finance based on an agreement with the principle of freedom of contract as legal bases for both parties. In practice financing undertaken by financial institutions poured in the form of a credit agreement. In each of providing credit to their customers finance institutions always face a risk, therefore the customer's business situation and developments to be followed continuously starts the moment the credit is given to the loan. As for giving legal protection to the parties in the process of providing collateral (guarantee), then one of them is with the enactment of Law Fiduciary. Implementation of lending followed by a fiduciary assurance processes at financial institutions in the city of Cirebon most important is the legal effect if the Borrower defaults which are expected to creditors (financial institutions) can be easily exercised fiduciary object. Constraints faced in a fiduciary guarantee is as follows: a. Any cost of making a deed by the Borrower felt heavy, incomplete b. Any requirements of the Borrower to elaborate on the type, brand and quality of the fiduciary object, c. The office registration still limited fiduciary, fiduciary registration e. The office could not provide information on everything about the guarantee with the issuance.Keywords: Financing Institution, Credit Agreements, Fiduciary.

scholarly journals ACTS OF “SOFT” LAW AS REGULATORS OF PRIVATE LAW RELATIONS

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0 ◽  
Author(s):  
Ольга Муратова ◽  
Olga Muratova
Keyword(s):  
Public Relations ◽  
Soft Law ◽  
Private Law ◽  
Scientific Methods ◽  
Dialectical Approach ◽  
Legal Effect ◽  
General Scientific ◽  
The Common ◽  
Combination Of Methods ◽  
Methods Of Learning

The article covers the question of the enforcement of acts of “soft” law — unformal sources of regulation of public relations. It is pointed in the article, that though acts of “soft” law are not the sources of law in traditional understanding, such acts are important practical regulators of private-law relations. The author gives the common characteristic of acts of “soft” law, makes comparative analyses with legal acts. Although the most attention in the article is paid to the legal effect of the enforcement of acts of “soft” law, first of all, from the view of regulation of private-law relations. While preparing the article the complex of methods was used, which lay on the basis of systematical and dialectical concepts. The main conclusion of the issue is the acknowledgement of the fact of the exercising of influence by the acts of “soft” law on regulation of private-law relations. This article is based on a combination of methods of cognition, which amounted to a systematic and dialectical approach. The author appeals to the general scientific methods (analysis, synthesis, induction, deduction) and to the specially-legal methods of learning: formal-legal, comparative legal, structural and functional.

Sign in / Sign up

Export Citation Format

Share Document