scholarly journals CONCIALIATION AS AN ALTERNATIVE MECHANISM ‎FOR SETTLING ADMINISTRATIVE DISPUTES ‎

2021 ◽  
Vol 03 (06) ◽  
pp. 384-392
Author(s):  
Keltoum BOUKHAROUBA
Keyword(s):  
Alternative Mechanism ◽  
Judicial Decisions ◽  
Legal Position ◽  
Administrative Procedures

The administration issues unilateral administrative decisions, which makes it the strong party, ‎ensuring its independence from the administrative judiciary by not interfering in its affairs as ‎it is a public authority‏.‏ Perhaps the best thing that the legislator did was when he approved, alongside the ‎administrative judiciary sector, alternative mechanisms for resolving the dispute amicably in ‎the Civil and Administrative Procedures Law, since the administrative judiciary costs them ‎many and costly difficulties, especially the long and complex procedures, and the difficulty of ‎implementing administrative rulings and judicial decisions.‎ These mechanisms for settling administrative disputes are to solve problems amicably between ‎litigants: conciliation, mediation and arbitration.‎ We will discuss the conciliation mechanism, treating it from the angle of the legal position of ‎the administrative judge as an original party‎

scholarly journals THE STUDY ON THE SEPARATION OF OWNERSHIP AND CONTROL OF MALAYSIAN COMPANIES

2019 ◽  
pp. 36-44
Author(s):  
Kamaliah Salleh ◽  
Noor ‘Ashikin Hamid ◽  
Noraida Harun ◽  
Asiah Bidin ◽  
Zuhairah Ariff Abd Ghadas
Keyword(s):  
Content Analysis ◽  
International Law ◽  
Common Law ◽  
Best Interests ◽  
Board Meeting ◽  
Judicial Decisions ◽  
Legal Position ◽  
The Common ◽  
And Control ◽  
Made In

The members own the company by virtue of their shareholding and the directors manage and exercise control over the company’s affairs through the company’s board meeting. Despite segregation of powers and roles between the members and directors, there has been an inclination on the part of the members to participate to a greater extent in the company’s affairs. This paper aims to establish the legal position as between the directors and members that reflect the separation of control and ownership in the company under the common law and the Malaysian law. The method used in this study is the content analysis of the reported Malaysian and international law cases as well as the statutory provisions in order to examine the legal position established under the common law, the previous Companies Act 1965 and the newly introduced Companies Act 2016. The study reveals that the separation between the two has long been recognized and upheld by the common law as well as the Malaysian Acts. The introduction of section 195 of the Companies Act 2016, however, allows members to raise their voice in relation to matters which are within the powers of directors, hence the separation becomes slightly vague. In the absence of the latest judicial decisions to test the application of section 195, further review on its application may be required in order to determine methods to measure if a members’ recommendation is truly made in the best interests of the company.

Conceived child as a subject of right to life

2019 ◽  
Vol 1 (2) ◽  
pp. 46-57
Author(s):  
Bartosz Zalewski
Keyword(s):  
International Law ◽  
Case Law ◽  
Unborn Child ◽  
Right To Life ◽  
Judicial Decisions ◽  
Legal Subjectivity ◽  
Constitutional Tribunal ◽  
Legal Position ◽  
The Republic ◽  
The Right

The aim of this article is to outline the arguments in favour of acknowledging an unborn child as a subject of constitutional law with the right to life (Article 38 of the Constitution of the Republic of Poland). For this purpose, the article presents an overview of the case law of the Constitutional Tribunal as well as views of legal academics and commentators and judicial decisions concerning the right to life, the concept of subject of law, and the legal position of an unborn child. Furthermore, the article reviews the international law and the case law of international tribunals. Although the Constitutional Tribunal stipulates that every person, including an unborn child, is entitled to legal subjectivity (in the judgement on case No. K 26/96), it may seem that the reasoning in this judgement is still rejected in the literature regarding both constitutional and civil law.

INSTYTUCJA WYMIARU UZUPEŁNIAJĄCEGO W ORDYNACJI PODATKOWEJ

2016 ◽  
Vol 12 (4) ◽  
pp. 33-44
Author(s):  
Agnieszka Rotkiewicz
Keyword(s):  
Public Interest ◽  
Tax Law ◽  
The Public ◽  
Judicial Decisions ◽  
Legal Position ◽  
Administrative Courts

This article analyses and presents the complementary assessment in a tax proceeding regulatedin the art. 230 the Act of 29 August 1997. The established solution raised great interest in literatureand judicial decisions of the administrative courts. The legislator decided that the administrativereviewauthority was obliged to remand the case to the first-instance tax authority in orderto amend the issued administrative decision if the tax liability or a taxable base was determinedor specified in an amount lower than that proceeding from provisions on tax law. The first-instancetax authority issued a new administrative decision in accordance with the legal state in forceon the day tax liability arose.The author notices that the mentioned regulation made the legal position of parties worse,due to the fact that the first-instance authority could have issued a new administrative decisiondetrimental to the party petitioning for review.However it must be noted that the institution of the complementary assessment was revokedin 2013. It means that the party’s situation can’t be worsened unless the appealed administrativedecision grossly breaches law or the public interest.

Development and regional planning within the decentralized administrative frame: case study (the Jordanian Experiment)

2018 ◽  
Vol 1 (2) ◽  
pp. 60-72
Author(s):  
Mansour Safran
Keyword(s):  
Regional Planning ◽  
The Other ◽  
Negative Effects ◽  
Administrative Procedures ◽  
The Way

This aims to review and analyze the Jordanian experiment in the developmental regional planning field within the decentralized managerial methods, which is considered one of the primary basic provisions for applying and success of this kind of planning. The study shoed that Jordan has passed important steps in the way for implanting the decentralized administration, but these steps are still not enough to established the effective and active regional planning. The study reveled that there are many problems facing the decentralized regional planning in Jordan, despite of the clear goals that this planning is trying to achieve. These problems have resulted from the existing relationship between the decentralized administration process’ dimensions from one side, and between its levels which ranged from weak to medium decentralization from the other side, In spite of the official trends aiming at applying more of the decentralized administrative policies, still high portion of these procedures are theoretical, did not yet find a way to reality. Because any progress or success at the level of applying the decentralized administrative policies doubtless means greater effectiveness and influence on the development regional planning in life of the residents in the kingdom’s different regions. So, it is important to go a head in applying more steps and decentralized administrative procedures, gradually and continuously to guarantee the control over any negative effects that might result from Appling this kind of systems.   © 2018 JASET, International Scholars and Researchers Association

TINJAUAN YURIDIS KAVLING SIAP BANGUN DI KOTA BATAM

2018 ◽  
Vol 6 (2) ◽  
pp. 110
Author(s):  
Padrisan Jamba, Irene Svinarky
Keyword(s):  
Research Method ◽  
Research Result ◽  
Secondary Data ◽  
Scientific Work ◽  
Land Ownership ◽  
Legal Research ◽  
Community Needs ◽  
The People ◽  
Scientific Analysis ◽  
Administrative Procedures

Batam City, which is one of the cities whose rules are slightly different from other cities inIndonesia, is about administrative procedures for land ownership registration, but for permits toallocate land, it is still held by the Batam Entrepreneurs Agency, abbreviated as BP Batam. InBatam City, the provision of KSB is actually given to residents due to various things. To get KSBthe community needs to fulfill the procedure first. This is what makes the writer interested intaking the title of Juridical Review of Ready-to-Build Courts in Batam City. The purpose of thispaper is to find out that the Ready-to-Build plot can be owned by land users (general public) inBatam City. The legal research method used in this study is normative legal research. Normativeresearch in it is also permitted to use scientific analysis of other sciences (including empiricalscience) to explain the legal facts examined by scientific work and juridical thinking (dankenjuridical). Retrieval Data used is by using secondary data, where documentation and recordingtechniques are through the file system. The Research Result for Ready-to-Build Plots in BatamCity may be owned by individuals, but the provision of KSB can be given to the community.People who get it while the people who get the plot still have not built a plot even though theprovisions in the temporary agreement agreed upon by the applicant with the BatamEntrepreneurial Agency the applicant must immediately build a building on the land.

Topical issues of medical malpractices

2014 ◽  
Vol 155 (38) ◽  
pp. 1510-1516
Author(s):  
Tamás Heiner ◽  
Tímea Barzó
Keyword(s):  
Medical Malpractice ◽  
Medical Service ◽  
Early Stage ◽  
Healthcare Providers ◽  
Healthcare Services ◽  
Practical Experience ◽  
Current Analysis ◽  
Breach Of Contract ◽  
Judicial Decisions ◽  
Contractual Relationship

The number of medical malpractice lawsuits filed each year in Hungary has considerably increased since 1990. The judicial decisions and practices on determining and awarding wrongful damages recoverable for medical malpractices in the Hungarian civil law have been developing for decades. In the meantime, a new Hungarian Civil Code (Act V of 2013) has entered into force, which among others, necessitates the revaluation of assessment of damages recoverable for medical malpractices. There are two main areas where fundamental changes have been introduced, which may significantly affect the outcome of medical malpractice lawsuits in the future. In the early stage of medical malpractices it was unclear whether the courts had to consider either the contractual relationship between patients and healthcare providers (contractual liability) or general codal articles on damages arising from non-contractual liability/torts (delictual liability) in their judgement delivered in the cases. Both the theoretical and practical experience of the last ten years shows that healthcare services agreements are concluded between healthcare providers and patients with the aim and intention to provide appropriate professional healthcare services to patients, which meet patients’ interests and wishes. The medical service is violated if it fails to meet patients’ interests and wishes as well as the objectives of the agreement. Since the new legislation implies a stricter liability for damages in the case of breach of contract and stricter rules for exempting the party in breach from compensation obligations, the opportunities to exempt healthcare providers from these obligations have become limited compared to previous regulations. This modification, which was aimed at further integrating the established judicial practices into legislation, stipulates the application of the rules for liability for damages resulting from medical malpractice in non-contractual situations. This paper analyses dogmatic and practical problems related to this topic. Another important area of current analysis is the institution of injury fees, which replaced the reimbursement of non-pecuniary damages. The mere fact of infringement allows setting injury fees. Taking into consideration the current resources in staff and equipment available in healthcare, this regulation may promote claims for injury fees impartial. Consequently, courts will have to apply other criteria when judgment in ‘trivial cases’, which might not require legal assessment, is delivered. Orv. Hetil., 2014, 155(38), 1510–1516.

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