scholarly journals Some Legal Aspects of Non-judicial Foreclosure in Case of Default on Credit Contract in Vietnam

2016 ◽  
Vol 12 (6) ◽  
pp. 34
Author(s):  
Thuy Thi Thu Le ◽  
Tuan Minh Do
Keyword(s):  
Legal Aspects ◽  
Positive Law ◽  
Self Help ◽  
The Law ◽  
Credit Contract ◽  
The Way

<p>This paper aims to present the authors’ examination of some aspects of Vietnam’s positive law regarding non-judicial foreclosure. Upon default, a bank as a secured creditor may enforce his security right over the collateral that is understood as foreclosure. Foreclosure includes judicial foreclosure and non-judicial foreclosure. In the way of non-judicial foreclosure, a secured creditor can take possession and dispose the secured property without a court’s involvement. So, it may save the secured creditor time and cost. The law governing the non-judicial foreclosure should not only provide the efficient mechanics of self-help repossession but also protections to a grantor. It should be examined whether Vietnamese law meets this requirement. By this study, some drawbacks and shortages of Vietnamese law in relation to non-judicial foreclosure are exposed and then some recommendations for improvement of positive law of Vietnam governing the exercise of the non-judicial foreclosure are presented. </p>

scholarly journals KEBIJAKAN REHABILITASI TERHADAP PENYALAH GUNA NARKOTIKA PADA UNDANG – UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA

2013 ◽  
Vol 2 (1) ◽  
Author(s):  
IDA BAGUS PUTU SWADHARMA DIPUTRA
Keyword(s):  
Drug Abuse ◽  
Drug Users ◽  
Theoretical Foundation ◽  
Journal Writing ◽  
Secondary Data ◽  
Drug Addicts ◽  
Legal Research ◽  
Positive Law ◽  
The Law ◽  
The Way

Positive law states, drug users are criminals because it has met the qualifications in the law of narcotics, narcotic offenses such as drug abuse in the study of criminology can be classified as a crime without a victim or a victimless crime. This is because they will become dependent on illicit goods (narcotics), the way it deems appropriate to cure the addiction is to rehabilitate the victims of drug abuse For law journal writing, the writer uses normative legal research with one character is using secondary data, where the data consists of primary legal materials, legal materials and secondary legal materials tertiary. And the theoretical foundation that is used is the law, norms and theories appropriate to the problem The results reveal the writing on the rehabilitation policy on Narcotics has been strictly regulated in Chapter IX legislation, policies were aimed at drug addicts and victims of drug abuse, arguing that victims of drug abuse is a victim of crime narcotics and therefore the appropriate sanctions to be meted out to him is the rehabilitation of the victims will be able to return to society and become useful

scholarly journals PEMBANGUNAN EKONOMI DALAM TINJAUAN MAQASHID SYARI’AH

Dialog ◽  
2013 ◽  
Vol 36 (1) ◽  
pp. 31-46
Author(s):  
Ali Rama ◽  
Makhlan Makhlan
Keyword(s):  
Islamic Law ◽  
Educational Institution ◽  
The Other ◽  
Money Management ◽  
Management Innovation ◽  
Positive Law ◽  
The Law ◽  
The Way

Waqf as the way to worship Allah is also as a great potential asset for moslem. This great potential is empowered by various management innovation. Cash Wakaf that has been developed in several countries, in fact, be able to strengthen the economics of Moslem society. In the perspective of Moslem scholars”, not all of them agree with cash waqf. Although there is a different opinion about cash waqf, the majority of them legalized it. Either Hanafi or Maliki legalized cash waqf. Furthermore Hambali Moslem scholar also accept cash waqf and the other is not, while mazhab Syafi’iyah generally does not allow the practice of cash waqf. In the context of Indonesian Law. Law number 41, 2004 legalizes cash waqf, or valuable letter. This article discusses and analyzes cash waqf management at PPPA (The program for children who learn Quran by heart) with the analysis from the perspective of Islamic law and positive law No. 41, 2004. Based on the result of the research, it can be stated that cash money management at PPPA has been relevant with both of the approach of the law, and those developed cash waqf programs included educational institution, health, religion, and society needs services, that recently can reach hundreds of billions.

scholarly journals WAKAF TUNAI

Dialog ◽  
2013 ◽  
Vol 36 (1) ◽  
pp. 19-30
Author(s):  
A Zaenurrosyid
Keyword(s):  
Islamic Law ◽  
Educational Institution ◽  
The Other ◽  
Money Management ◽  
Management Innovation ◽  
Positive Law ◽  
The Law ◽  
The Way

Waqf as the way to worship Allah is also as a great potential asset for moslem. This great potential is empowered by various management innovation. Cash Wakaf that has been developed in several countries, in fact, be able to strengthen the economics of Moslem society. In the perspective of Moslem scholars”, not all of them agree with cash waqf. Although there is a different opinion about cash waqf, the majority of them legalized it. Either Hanafi or Maliki legalized cash waqf. Furthermore Hambali Moslem scholar also accept cash waqf and the other is not, while mazhab Syafi’iyah generally does not allow the practice of cash waqf. In the context of Indonesian Law. Law number 41, 2004 legalizes cash waqf, or valuable letter. This article discusses and analyzes cash waqf management at PPPA (The program for children who learn Quran by heart) with the analysis from the perspective of Islamic law and positive law No. 41, 2004. Based on the result of the research, it can be stated that cash money management at PPPA has been relevant with both of the approach of the law, and those developed cash waqf programs included educational institution, health, religion, and society needs services, that recently can reach hundreds of billions.

Jurisdiction and State Responsibility

2019 ◽  
pp. 354-380
Author(s):  
Kimberley N. Trapp
Keyword(s):  
International Law ◽  
International Community ◽  
State Responsibility ◽  
Criminal Jurisdiction ◽  
Positive Law ◽  
The Law ◽  
Substantive Law ◽  
The Way

This chapter examines state responsibility issues in respect of a state’s exercise of jurisdiction through the prism of several themes, including shifting approaches to sovereignty and the increasing pluralism of the international community. These competing paradigms are, in some respects, reflected in the substantive law of jurisdiction, or might help to navigate between possible approaches to jurisdiction where positive law does not settle the matter. These paradigms may also have implications for the way in which the secondary rules of state responsibility do or should apply to internationally wrongful acts in respect of jurisdiction, and in turn the practice of state responsibility may support or provide evidence for the governing paradigm. The chapter then considers the law of criminal jurisdiction through the prism of state responsibility, particularly regarding the practice of state responsibility for excessive jurisdiction and the implications of the competing paradigms of international law in respect thereof.

scholarly journals accessibility of a law and "ignorantia juris non excusat": formal and legal aspects of legal certainty

2021 ◽  
Vol 7 (2) ◽  
pp. 598-603
Author(s):  
Dzhamilya S. Velieva ◽  
Marina V. Markhgeym ◽  
Mikhail V. Presnyakov
Keyword(s):  
Legal Aspects ◽  
Legal Knowledge ◽  
Legal Certainty ◽  
The Subject ◽  
The Law ◽  
The Way

This article is devoted to the first and most obvious requirement of legal certainty - the accessibility of a law. The subject of this research is the formal accessibility of the text of the law. The objective was to analyze the imperative of accessibility of a law in its relationship with the presumption of legal knowledge, as well as the its remedies. As a result of the study, the authors have concluded that the presumption of legal knowledge (expressed, among other things, by the maxim, ignorance of the law does not exempt from responsibility), as a condition of its existence and action, presupposes compliance with the requirement of accessibility of a law. The nature of the presumption of legal knowledge and the nullity of a legal error has been studied. Particular attention is paid to the way to ensure the accessibility of a law; in particular, the authors outline a number of problems associated with the promulgation and enactment of regulations.

Prawne aspekty eutanazji w Holandii

2016 ◽  
Vol 14 (3) ◽  
pp. 243-253
Author(s):  
Grzegorz Stefanowicz
Keyword(s):  
The Netherlands ◽  
Assisted Suicide ◽  
Public Authority ◽  
Dutch Society ◽  
On Demand ◽  
Limited Length ◽  
The Law ◽  
Death On Demand ◽  
The Way

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.

Conscientious Objection (European and American approaches)

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 115-144
Keyword(s):  
Deep Understanding ◽  
Legal Protection ◽  
Legal Aspects ◽  
Conscientious Objection ◽  
State Regulation ◽  
Legal Responsibility ◽  
State Regulations ◽  
Conscientious Objectors ◽  
The Law ◽  
The Individual

The Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is subject of the interference – forum integrum or forum externum; whether neutral regulation, which does not refer to religion issues at all, could ever be regarded as interference into someone’s religious rights; whether opinion or belief, on which the individual’s objection and the corresponding conduct is based, must necesserily represent the clear “manifest” of the same religion or belief in order to gain legal protection; what is regarded as “manifest” of the religion or other belief in general and whether a close and direct link must exist between personal conduct and requirements of the religious or nonreligious belief; what are the criteria of the “legitimacy” of the belief; to what extent the following factors should be taken into consideration : whether the personal conduct of the individual represents the official requirements of corresponding religion or belief, what is the burden which was imposed on the believer’s religious or moral feelings by the State regulation, also, proportionality and degree of sincerity of the individual who thinks that his disobidience to the Law is required by his/her religious of philosofical belief. The effects (direct or non direct) of the nonfulfilment of the law requirement (legal responsibility, lost of the job, certain discomfort, etc..) are relevant factors as well. By the Author, all these circumstances and factors are essencial while estimating, whether it arises, actually, a real necessity and relevant obligation before a state for making some exemptions from the law to the benefi t of the conscientious objectors, in cases, if to predict such an objection was possible at all. So, the issues are discussed in the prism of the negative and positive obligations of a State. Corresponding precedents of the US Supreme Court and European Human Rights Court have been presented and analysed comparatively by the Author in the Article. The Article contains an important resume, in which the main points, principal issues and conclusion remarks are delivered. The Author shows, that due analysis of the legal aspects typical to “Conscientious objection” is very important for deep understanding religious rights, not absolute ones, and facilitates finding a correct answer on the question – how far do their boundaries go?

Konsep Ihsân dalam Wacana Pendidikan Islam

TAJDID ◽  
2019 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Husni Husni
Keyword(s):  
Existence Of God ◽  
Good Deed ◽  
The Law ◽  
To Receive ◽  
Islamic Society ◽  
Muslim Scholars ◽  
The Way

This article studies the concept of Ihsan (good deed) in the thought of ulama mufassirs (Muslim scholars interpretering the Qur’an). The result of the study being carried out by the writer is that the concept of ihsan being too narrowly interpreted, proves that it has wide interpretation in the thought of muffasirs. If so far among society the concept of ihsan has been narrowly interpreted on the good deed or doing good deed, so according to mufassirs, the concept means: (1) carrying out all obligations, (2) being patient to receive all the obligation and anything forbidden by God, (3) being obedient and always perfects his obedience in quality as well as in the way, (4) forgiving, (5) being sincere, (6) realizing the existence of God, (7) emphasizing the esoteric aspect rather than exoteric world, (8) knowledge, (9) being firm in the truthfulness, (10) havng understanding about the true teachings of God, (11) having good comprehension about the law appropriately applied among the Islamic society. The wide meaning of this concept because this concept is really expressed by the Koran in context. This article tries to attach the concept of Ihsan in several meanings about the education world

The Law of Tort

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Liability ◽  
French Law ◽  
The Law ◽  
Broad Approach ◽  
The Way

This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in tort, it becomes apparent that the need to avoid extending the scope of civil liability to an unlimited extent has also been present in French law. Indeed, in order to achieve desirable results, French judges have on many occasions used their discretion to interpret restrictively the elastic concepts of fault, damage, and causation. Hence, they end up dismissing claims which, for policy reasons, would have created unjust results or would have opened the gates to a flood of new claims. Thus, even though French judges do not admit to it openly in their judgments, they are influenced as regards the matter of deciding the limits of liability by general policy considerations, especially the ‘floodgates arguments’ which their English counterparts also readily understand.

Sign in / Sign up

Export Citation Format

Share Document