KAUZA UGOVORNE OBAVEZE

2021 ◽  
Author(s):  
Samir Manić ◽  
Keyword(s):  
Legal Theory ◽  
Contract Law ◽  
Roman Law ◽  
Practical Significance ◽  
Contractual Obligation ◽  
The Law ◽  
The Impact

The paper discusses the impact of the reasons for the commitment on the validity of the contract. Due to the fact that most institutes of modern law find their origin in Roman law, the paper begins by presenting the role of the cause of obligation in Roman law. The author then analyzes the causal and anti-causal views of legal theory, all in order to emphasize the fact that the cause of the contractual obligation is theoretically a very controversial institute of the law of obligations. The last part of the paper is dedicated to the cause of contractual obligation in our contract law. Starting from the fact that the Law on Obligations accepts with its provisions the subjective and objective conception of the cause of the contractual obligation, the author points out that the objective conception of the cause of the contractual obligation, accepted through art. 51. ZOO, is a redundant institute that has no greater practical significance and which is successfully replaced by other institutes of law of obligations.

The impact of Political Parties Law no. 36 of 2015 on requlatinq political parties pluralism in Iraq

2021 ◽  
Author(s):  
Kurdistan Saeed
Keyword(s):  
National Identity ◽  
Political Parties ◽  
Legal Framework ◽  
The Political ◽  
Political Opposition ◽  
The Law ◽  
Lack Of Commitment ◽  
The Impact

This study deals with the political parties’ pluralism in Iraq under the Parties Law No. 36 of 2015. The importance of the study lies in the fact that it looks at a topic that is at the heart of democracy and it is necessary for the success of any democratic processes. The study focuses on parties’ pluralism in Iraq since the establishment of the Iraqi state in 1921 until the end of the Baath Party regime in 2003, it also covers the period after 2003 and pays particular attention to the Parties Law No. 36 of 2015. It focuses on the legal framework of political parties after the adoption of the Political Parties Law and studies the impact of this law on parties’ pluralism in Iraq after its approval in 2015. The study concludes that Law No. 36 of 2015 is incapable of regulating parties’ pluralism for reasons including: the lack of commitment by the political parties to the provisions of the law, the inability of the Parties Affairs Department to take measures against parties that violate the law the absence of a strong political opposition that enhances the role of political parties, the association of most Iraqi parties with foreign agendas belonging to neighboring countries, and the fact that the majority of Iraqi parties express ethnic or sectarian orientations at the expense of national identity.

scholarly journals The Theory of Interpretation in Solving Contemporary Legal Issues: With A Focus on the Instrument of Ijtihad

2018 ◽  
Vol 150 ◽  
pp. 05056
Author(s):  
Abdulrahman M.A.Albelahi ◽  
A. Ali ◽  
Faten Mohmed ◽  
Metwally Ali
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Legal Issues ◽  
Legal Interpretation ◽  
Way Of Life ◽  
Essential Question ◽  
Judicial Reasoning ◽  
The Law ◽  
Law And Legislation

Since the beginning, legal theory has concerned itself with the establishment of principles and precepts that govern the procedure of legal interpretation, from the initial stages of the judicial reasoning down to the promulgation of ruling and their implementation, Islam is a total way of life. Muslims are obliged to abide by the rules of Allah in every aspect of their lives, always and wherever they live. However, the actual rules of Allah as given in the Qur’an and the sunna are limited. The Qur’an contains only six hundred verses directly related to laws, and there are approximately two thousand hadiths. The function of interpretation is to discover the intention of the Lawmaker of the matter, therefore, interpretat primarily concerned with the discovery of that which is rot self-evident the objective of interpretation is to ascertain the intention c the Lawmaker with regard to what has been left unexpressed as a matter of necessary interference from the surrounding circumstances. Sometimes, the textual sources did not provide detailed guidelines in which to derive the law, and then the role of interpretation is important to determine the law. In Islamic law the role of Ijtihad undoubtedly important in order to meet new problems. But some of the Jurist contended that the role of Ijtihad had ended and we have to follow the rule that has been stated. An explanation given to this trend is that a point had been reached at which all essential question of law had been thoroughly discussed and further deliberation was deemed unnecessary. In Common law, man-made law and legislation are related to one another within a philosophy of law. Parliament makes law and it is the duty of the courts to give effect to them if properly enacted. While courts may rule that a particular statute or section is invalid for various reasons such as unconstitutionality, they cannot say, "We shall change this Act because it is not appropriate". That function belongs to Parliament (Wu Min Aun 1990: 120). So as in Islamic law, the Lawmaker is Allah S.w.t and the sacred text (Quran) is legislated due to His intention whereas Sunnah of the Prophet Muhammad is enacted due to the Prophet's intention. Therefore, Ulama of Usul Fiqh, in making any Ijtihad, they are du y bound to be guided by Quran and Sunnah.

Regulation

2020 ◽  
pp. 372-381
Author(s):  
Lawrence Gostin
Keyword(s):  
Public Health ◽  
International Law ◽  
Legal Change ◽  
The Face ◽  
Public Health Officials ◽  
The Law ◽  
The Impact

The objectives of this chapter are to help you understand: the impact of legislation, regulations, and litigation on the public’s health; the powers, duties, and restraints imposed by the law on public health officials; the potential of legal change to improve the public’s health; the role of international law and institutions in securing public health in the face of increasing globalization.

5. Consideration and Promissory Estoppel

Contract Law ◽  
2020 ◽  
pp. 142-244
Author(s):  
Ewan McKendrick
Keyword(s):  
Contract Law ◽  
Limited Effect ◽  
The Future ◽  
The Law

The doctrine of consideration is one feature of English contract law that readily distinguishes it from the law of contract in civilian jurisdictions. Its essence is that a promisee cannot enforce a promise unless he has given or promised to give something in exchange for the promise, or unless the promisor has obtained (or been promised) something in return. In other words, there must have been a bargain between the parties. This chapter analyses the current scope of the doctrine of consideration, particularly the rule that consideration must be sufficient but need not be adequate; the pre-existing duty rule and the question whether a promise to pay, or part payment of a debt, is good consideration for the discharge of the entire deb; and the rule that past consideration is not good consideration. It also examines the role of promissory estoppel in contract cases. An estoppel gives (at least limited) effect to a promise that would otherwise be unenforceable, thus the effect of an estoppel may be to supplement, or even supplant, the doctrine of consideration. The chapter concludes with a brief discussion of the future of the doctrine of consideration and, in particular, draws on the critique of consideration developed by Professor Atiyah.

Classification of obligations and the impact of constructivist epistemologies

Legal Studies ◽  
1997 ◽  
Vol 17 (3) ◽  
pp. 448-482 ◽  
Author(s):  
Geoffrey Samuel
Keyword(s):  
Internal Structure ◽  
Legal Knowledge ◽  
The Law ◽  
The Impact ◽  
Epistemological Point ◽  
Legal Classification

In December 1996 Classification of Obligations formed the topic of one of a series of SPTL seminars under the general title of Pressing Problems in the Law. It may, perhaps, be asked quite why classification is a pressing problem, for it is by no means clear from the papers themselves that common lawyers have suddenly become more concerned about the internal structure of the ‘seamless web’. Nevertheless the seminar was a valuable opportunity to reflect upon a subject that is at least a useful vehicle for thinking about legal knowledge. Legal classification, in other words, raises questions of an epistemological nature. The purpose of this present paper is to pursue this epistemological point in an attempt to reveal how classification of symbolic knowledge (legal propositions or rules) hides much deeper issues about the role of non-symbolic knowledge (symmetries, images and isomorphs) in the formulation of legal solutions in the law of obligations.

Contract as Promise: Lessons Learned

2019 ◽  
Vol 20 (2) ◽  
pp. 367-379
Author(s):  
Charles Fried
Keyword(s):  
Twentieth Century ◽  
Contract Theory ◽  
Choice Theory ◽  
Contract Law ◽  
Lessons Learned ◽  
Self Determination ◽  
Theory Approach ◽  
The Law ◽  
The Way

Abstract In The Choice Theory of Contracts, Hanoch Dagan and Michael Heller state that by arguing “that autonomy matters centrally to contract,” Contract as Promise makes an “enduring contribution . . . but [its] specific arguments faltered because [they] missed the role of diverse contract types and because [it] grounded contractual freedom in a flawed rights-based view. . .. We can now say all rights-based arguments for contractual autonomy have failed.” The authors conclude that their proposed choice theory “approach returns analysis to the mainstream of twentieth-century liberalism – a tradition concerned with enhancing self-determination that is mostly absent in contract theory today.” Perhaps the signal flaw in Contract as Promise they sought to address was the homogenization of all contract types under a single paradigm. In this Article, I defend the promise principle as the appropriate paradigm for the regime of contract law. Along the way I defend the Kantian account of this subject, while acknowledging that state enforcement necessarily introduces elements — both normative and institutional — for which that paradigm fails adequately to account. Of particular interest and validity is Dagan and Heller’s discussion of contract types, to which the law has always and inevitably recurred. They show how this apparent constraint on contractual freedom actually enhances freedom to contract. I discuss what I have learned from their discussion: that choice like languages, is “lumpy,” so that realistically choices must be made between and framed within available types, off the rack, as it were, and not bespoke on each occasion. I do ask as well how these types come into being mutate, and can be deliberately adapted to changing circumstances.

Feminist Approaches to International Law

1991 ◽  
Vol 85 (4) ◽  
pp. 613-645 ◽  
Author(s):  
Hilary Charlesworth ◽  
Christine Chinkin ◽  
Shelley Wright
Keyword(s):  
Legal System ◽  
Cultural Context ◽  
Legal Theory ◽  
Central Feature ◽  
Legal Analysis ◽  
Feminist Jurisprudence ◽  
The Law ◽  
Immediate Experience ◽  
Political Economic

The development of feminist jurisprudence in recent years has made a rich and fruitful contribution to legal theory. Few areas of domestic law have avoided the scrutiny of feminist writers, who have exposed the gender bias of apparently neutral systems of rules. A central feature of many western theories about law is that the law is an autonomous entity, distinct from the society it regulates. A legal system is regarded as different from a political or economic system, for example, because it operates on the basis of abstract rationality, and is thus universally applicable and capable of achieving neutrality and objectivity. These attributes are held to give the law its special authority. More radical theories have challenged this abstract rationalism, arguing that legal analysis cannot be separated from the political, economic, historical and cultural context in which people live. Some theorists argue that the law functions as a system of beliefs that make social, political and economic inequalities appear natural. Feminist jurisprudence builds on certain aspects of this critical strain in legal thought. It is much more focused and concrete, however, and derives its theoretical force from immediate experience of the role of the legal system in creating and perpetuating the unequal position of women.

scholarly journals The Role of Diversity in Company Productivity: The Case of the Bank Sector in Kosovo

2021 ◽  
Vol 4 (4) ◽  
pp. p63
Author(s):  
Bardha Mulhaxha ◽  
Berim Ramosaj
Keyword(s):  
Statistical Analysis ◽  
Human Resources ◽  
Work Environment ◽  
Banking Sector ◽  
Practical Significance ◽  
Group Productivity ◽  
Performance Training ◽  
Globalized World ◽  
The Impact

Importance to identifying how diversity affects individual and group productivity in todays globalized world is increasing. The purpose of this research lies in the phenomenon of diversity and further analysis of the impact that diversity has on the work environment. To conduct this research, I interviewed 20 managers and 30 employees of the banking sector regarding the composition of their staff with emphasis on diversity. The data were processed using the statistical analysis of SPSS program. Human resources have positively influenced the increase of success, productivity and has eased problem solving, bettered performance, training, salary, and diversity of employees. This study will have practical significance in the easier approach of problems in human resource management and their motivation.

scholarly journals Obligación contractual = Contractual obligation

2020 ◽  
pp. 164
Author(s):  
Ricardo Gutiérrez Aguilar
Keyword(s):  
Legal Theory ◽  
Tort Law ◽  
Theory And Practice ◽  
Roman Law ◽  
Dual Nature ◽  
Contemporary Debate ◽  
Contractual Obligation ◽  
Legal Obligations ◽  
Sudden Rise ◽  
The Subject

Resumen: El presente trabajo se plantea los interrogantes tanto legales como morales a que una teoría del contrato –y de su equivalente deóntico, la promesa– aboca. Encontramos esta doble naturaleza de las obligaciones legales ya desde los tiempos del derecho romano clásico, pero no es sino desde los años 80 que el tema ha experimentado una segunda vida académica. Con el advenimiento de la llamada muerte del contrato, los teóricos de la materia han discutido si el derecho civil no debería reabsorber la teoría general sobre el contrato como disciplina independiente, y reducir su componente moral. Las obras de Charles Fried y de Patrick Atiyah, reivindicando un compromiso moral fuerte en el ejercicio de la teoría y práctica jurídica de la promesa han abierto el camino a la actualidad del debate y presentado una alternativa a la exitosa teoría económica del contrato. Palabras clave:Obligación, contrato, promesa, teorías económicas del contrato, teorías deónticas del contrato Abstract: The aim of present article is to lay out the usual legal and moral enquiries to which a theory of contract –and its deontic equivalent, promise– leads. We can assess this dual nature of legal obligations even in classic Roman Law times, but it is not until the 80s that the issue has experienced a second academic life. With the sudden rise of scholarship around the so-called death of contract, theorists on the subject have discussed if would not be more convenient to reabsorb the general theory of contract as an independent discipline within tort law, reducing in this exercise its moral component. Charles Fried’s and Patrick Atiyah’s work vindicating a strong moral commitment in legal theory and practice through the underlying idea of promise has left opened the trail to contemporary debate and offered an alternative to the otherwise successful economic theory of contract. Keywords: Obligation, contract, promise, economic theories of contract, deontic theories of contract

scholarly journals FORMALISM IN ROMAN CONTRACT LAW

2019 ◽  
Vol 34 (5) ◽  
pp. 1457-1463
Author(s):  
Shpresa Alimi-Memedi
Keyword(s):  
Developmental Stages ◽  
Essential Element ◽  
Contract Law ◽  
Roman Law ◽  
Legal Principles ◽  
Stage Of Development ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Accepted Form

The certain mode of production conditions certain legal expressions, determines the character and the forms of expression of the law, and depending on this, certain legal institutes and legal principles arise and change. The principle of formalism in a certain period of development of contractual relations is nothing but an expression of certain socioeconomic and other conditions present in that period. The subject of this paper is the principle of formalism as a feature of Roman contract law, the emergent forms of formalism in Roman law, the causes and functions of formalism in certain stage of development of Roman law. The influence of religion on the law and the low level of development of socioeconomic relations were the main reasons for the recognition of formalism in the first legal systems.The principle of formalism implies that the form of the contract as a means of expressing the consent of the will of the parties is a legally established imperative. The specific way of expressing the will to conclude a contract is an essential element of the contract. Infringement of the form is sanctioned by the nullity of the agreement.Formalism in Roman contract law is present and dominant in the period of the early Roman state and law, the late Roman Republic and pre-classical Roman law. The principle of formalism in these developmental stages of the Roman state and law does not mean that it excludes completely the opposite principle of consensualism which implies that contracts are created by a mere consent of the will of the contracting parties, which can be expressed in words or in writing, or with other behavior from which its existence can certainly be concluded. In Roman law, the consensual form has never succeeded in becoming a generally accepted form and Roman law has never formulated the general principle of consensuality.

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