The Rights of Foreign Tourists in Iranian Legal System Regarding the Public Economic Law

Author(s):  
Hoda Ghafari
Prawo ◽  
2016 ◽  
Vol 320 ◽  
pp. 57-70
Author(s):  
Witold Małecki

Comments on the public law framework for the scope of public economic lawThe evolution of administrative economic law into public economic law should cause extension of the scope of this section of law, corresponding to its name containing two determinants. However, the scope of public economic law presented in contemporary Polish comprehensive manuals of public economic law does not contain any references to economic criminal law, which is undoubtedly a section of law situated within the confines of public law. In order to determine the meaning of the determinant “public” in the name “public economic law” two models were proposed. In a “shaping” model the determinant “public”, together with the determinant “economic”, defines the scope of public economic law. Only accepting the view on economic law as an independent branch of law and — consequently — the view on public economic law as a divisive factor of the economic law as an independent branch of law allows to justify an omission of economic criminal law provisions which should be included into criminal law. Regarding economic law as an independent branch of law does not entitle one to include such provisions into it if they are classified as a part of another independent branch of law — in this case: criminal law. Another model is a “descriptive” one, in which the determinant “public” does not define the scope of public economic law — the scope is determined by the definition of public economic law. The only role of the determinant “public” is to describe a category of provisions that are included in public economic law. The model, however, does not justify the omission of economic criminal law provisions in the manuals because of a broad shape of the definition of public economic law presented in Polish literature.


2018 ◽  
Vol 114 ◽  
pp. 593-608
Author(s):  
Bożena Popowska

NEW PROCEDURES OF PUBLIC ECONOMIC LAW. THE PROBLEM OF PROCEDURAL GUARANTEES FOR BUSINESS ENTITIESThe basic subject of research within the article are new procedures, regulated by the provisions of public economic law, and the main purpose of the article is to determine their legal nature, with reference to the general administrative procedure. The procedures used in the sphere of the economy that regulate relations between public administration and entrepreneurs are very different. Some of them are based on the model of jurisdictional proceedings, regulated by the provisions of the Code of Administrative Procedure. Ther should also be distinguished proceedings whose main function is the implementation of specifi c public interests — these proceedings do not constitute a uniform category, and the relations between the public administration entity and the entrepreneur are regulated in different ways.


2017 ◽  
Vol 11 (2) ◽  
pp. 161-74
Author(s):  
Syaugi Syaugi

    As a constitution, the Indonesian Constitution of 1945 regulates how the national economic system should be arranged and developed. In the perspective of constitution, the implementation of sharia economy does not mean the state directs a particular economic ideology. Philosophically, the ideals of Indonesian economic law is to initiate and prepare the legal concept of economic life. Shariah economy has a strong foundation both formally shariah and formallyconstitution. Formally shariah means the existence of shariah economy has a strong foundation in Indonesian legal system. Formally constitution means, in the context of the state, Shariah economy has a constitutional basis. The existence of laws relating to shariah economy shows that the Indonesian economic system givesa place to the shariah economy.


2020 ◽  
Vol 14 (2) ◽  
pp. 191-210
Author(s):  
Addiarrahman Addiarrahman ◽  
Illy Yanti

This study seeks to understand the pragmatism of the development of sharia economic law, and its implications for Islamic financial products in Indonesia. The data comes from the results of interviews and focus group discussions with key informants from academics, practitioners, authorities, and the public. This research finds that pragmatism in the development of Islamic economic law is an approach that still dominates the DSN-MUI fatwas. The pragmatism style used is complex-eclectic pragmatism which is represented through makhārij al-fiqhiyyah, which is to choose a mild opinion by sticking to the strongest method or also called "taysīr al-manhajī". The use of this method is intended to ensure that the fatwa is truly able to answer the needs of the business world, as well as being in line with sharia principles. DSN-MUI also does not use maslahah as a legal consideration in a free or liberal way. Rather, it returns maslahah in consideration of the method, so that it is permissible to use the bay’ al-'inān contract only in a forced state (ḍarurah).


2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.


2021 ◽  
Author(s):  
YUN-LING YU

The promulgation of the "Civil Code" provides a path for the codification of other important legal departments closely related to the socialist market economy and the improvement of the socialist legal system with Chinese characteristics. However, due to the fact that the development of economic law in our country is relatively short and the economic development is changing rapidly, the current economic code is facing numerous obstacles. This article analyzes the relationship between civil law and economic law, drawing on the innovation of the content of the Civil Code, and puts forward new requirements for the development of the content, concept and system of economic law, and promotes the development of economic law.


2016 ◽  
Author(s):  
◽  
Sheila O'Hare

[ACCESS RESTRICTED TO THE UNIVERSITY OF MISSOURI AT AUTHOR'S REQUEST.] This exploratory study applied models of human information behavior and health information acquisition to the acquisition of legal information by the public. A mixed methods approach, consisting of two sequential phases, was utilized. First, an online survey consisting of 45 multiple-choice questions was administered to a Qualtrics panel of 385 individuals without formal legal training who were at least 18 years of age. In the second phase, eleven individuals who met the same screening criteria were interviewed in order to provide additional elaboration upon and clarification of the survey data. In phase 1, frequency of legal information searching and incidental discovery of legal information (information encountering, or IE) was assessed for relationships with personal, affective, contextual, and environmental factors. Findings indicate that individuals who search and encounter legal information more frequently share certain demographic and affective characteristics with their counterparts in the acquisition of health information. Age, income, and previous experience with the legal system were associated with greater legal search frequency. Age, race, and previous experience with the legal system were associated with greater frequency of legal IE. Self-efficacy and vigilance were both associated with frequency of search and IE, though perception of the legal system was not. Subjects searched and encountered more frequently because of curiosity than other situational factors. The role of risk in search and encounter frequency could not be determined. Both exposure to multiple information sources and to multiple mass media sources were associated with greater frequency of legal search and IE. In phase 2, subjects were asked about their searches and IE experiences with legal information, and the role of legal information in their everyday lives, especially as compared to health information acquisition. Findings indicate that members of the public define legal information quite narrowly as tied to lawyers and courts, rather than rights and duties (even provided with a more inclusive definition), and often fail to relate routine encounters with the law to their larger understanding of the legal system. Survey findings were corroborated in terms of source choices, the roles of previous experience, self-efficacy, and avoidance-vigilance. The increased availability of legal information sources through the internet has made it easier for people to find codes and regulations, but has not made it easier to find the information necessary to assess more complex legal issues. Other emergent themes identified in phase 2 included the detrimental effect of attorney advertising and the perception of legal information as disruptive, in contrast to the embeddedness of health information in everyday life.


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