Współuczestnictwo procesowe współwłaścicieli w sprawach o uzgodnienie treści księgi wieczystej z rzeczywistym stanem prawnym (art. 10 u.k.w.h.)

2018 ◽  
Vol 75 ◽  
pp. 167-187
Author(s):  
Piotr Rylski

In the article, the author discusses the debatable issue of procedural joint participation in matters concerning the reconciliation of the contents of the land and mortgage register with the actual state and legal status. He points to a discrepancy in jurisprudence and doctrine. In particular, the author considers whether the so-called necessary joint participation takes place here. In his analysis, the author uses the concept of joint participation in declaratory actions created by Professor Maria Jędrzejewska. The practical implications of adopting this concept were also discussed.

Author(s):  
P. Choryłek

Purpose: This paper is a review of literature where the analyses of the commonly used bone cements were carried out especially: methods of manufacturing, surgical techniques, mechanical properties, biocompatibility studies as well as possibility of improvement some properties by using additives. Design/methodology/approach: The aim of this publication is the analysis of the state of knowledge and treatment methods on compression fractures, approximation of the specifics of compression fractures, presentation of minimally invasive percutaneous surgical techniques, description of features of the most common used bone cement on matrix Poly(methyl methacrylate) – (PMMA) and presentation cement parameters which affect potential postoperative complications. Findings: In considering to review of actual state of knowledge there is a need to find the additives which allow: to reduce the polymerization temperature, improve the biocompatibility as well as mechanical properties. During the studies it was found that the additive which can meet the requirements is glassy carbon in form of powder. Practical implications: Discussion allows to prepare samples during practical work with new kind additives in composite with bone cement as matrix. Originality/value: The original in this discussion is the possibility to improve fundamental properties of the selected bone cements by using different than commonly used additives.


2020 ◽  
Author(s):  
Emma Jane O'Dwyer ◽  
Beascoechea-Seguí ◽  
Luiz Silva Souza

People across the world have responded to the pandemic by mobilising and organising to support their communities, setting up mutual aid groups to provide practical, financial, and social support. Mutual aid means short-term ‘crisis response’ for some, while for other groups, it is a chance to radically restructure society, and what it means to be a member of that society. We applied a social representations lens to examine the ways in which citizenship was understood and performed by members of UK Covid-19 mutual aid groups. Interviews were conducted with 29 members of these groups. A reflexive thematic analysis developed three conceptualisations of citizenship: (1) human rights-based citizenship, untied to concerns around ‘deservingness’ or legal status; (2) neoliberal citizenship, to which participants oriented pragmatically in order to claim their group’s legitimacy at the same time as they rejected its individualism; and (3) resistant citizenship, which captured the tension between working within/with existing political structures, or working outside/against them. Findings are discussed in relation to previous theoretical and empirical work and practical implications for policy makers and local government are set out.


2014 ◽  
Vol 10 (1) ◽  
pp. 52-59 ◽  
Author(s):  
Michael Brune ◽  
Francisco José Eiroá-Orosa ◽  
Julia Fischer-Ortman ◽  
Christian Haasen

Purpose – Psychotherapy with refugees in the western world is quite often complicated because many refugees live without a secure residency status. It is difficult to have a structured therapeutic perspective when doing psychotherapy with these patients because of their fears and daily problems. The purpose of this paper is to evaluate psychotherapy results for 190 traumatized refugees (40 per cent without a secure residency). Design/methodology/approach – To measure the outcome of the psychotherapies the paper used HAM-D and CGI at baseline and at the end of the therapeutic process. Findings – The study shows that, although refugees without a legal status had more depressive symptoms and lived with much higher psychosocial stress, psychotherapy was as effective as for traumatized refugees with a legal status. Research limitations/implications – Heterogeneity, convenience sampling and retrospective completion of some of the baseline assessments. Practical implications – Psychotherapeutic treatment of refugees has a clear positive effect on them and should be applied even in those without legal residence status in the host country. Originality/value – This is the first study assessing the effectiveness of daily practice psychotherapy for refugees with and without a legal status in a comparative fashion.


2019 ◽  
Vol 14 (4) ◽  
pp. 415-430
Author(s):  
Justine Ballon

Purpose The increasing number of self-employed workers in France transforms the historical work relationship. In this perspective, the case of entrepreneurs who works in Business and Employment Cooperatives (BECs) with the status of entrepreneur–employee–associate is studied. They combine two legal status of self-employed and employee which were previously legally and institutionally separated. BECs question the forms of relationships governing production and labor. This paper aims to determine to what degree this combination of relationships improves the autonomy of entrepreneurs and reduces the risks of autonomous activity. Design/methodology/approach This qualitative action research combined with a pragmatic approach using abductive reasoning was carried out in three BECs. It is based on participant observations and interviews. Findings The results show that three types of relationships are embedded in the labor relations of cooperative activity: the entrepreneurial relationship, the employment relationship and the associate member relationship. This configuration contributes to achieving autonomy in the organization of labor and the reduction of risks linked to entrepreneurial activity. However, the complexity of the embedded relations, the persistence of asymmetry and the contrast between the rules of cooperatives and companies limit the ambition of BECs. Practical implications They determine the ability of BECs to invent appropriate mechanisms to empower their entrepreneur members. Originality/value This study combines an action research stance with a pluridisciplinary approach. It offers new perspectives for understanding the mutations that modes of production and labor mobilization are going through in a period of change toward a post-Fordist paradigm.


2021 ◽  
Vol 66 ◽  
pp. 261-265
Author(s):  
А. А. Margina

The author analyzes the provisions of normative legal acts regulating notarial activity, on the basis of which the theoretical and legal regularities of the current state of legal support of notarial activity in Ukraine are established. It is noted that Ukraine's affiliation to the legal system of the Romano-Germanic type, and the system of notaries - to the notary of the Latin type testifies to the principle of its proper legal support, inadmissibility of gaps, conflicts in this area. Today, notarial activity is a legally regulated activity in Ukraine, which has developed evolutionarily, was formed under the influence of the above factors and is currently in a state of improvement and strengthening. However, constant changes in the legal support of notarial activities in Ukraine indicate the imperfection (or even lack) of clear scientifically sound conceptual approaches to the legal support of notarial activities. It is proved that the turning point in the formation of the legal support of notarial activity in Ukraine was the adoption of the Law of Ukraine "On Notaries" (1993), which laid the foundation for the development of the domestic system of notaries and notarial activities. This legislative act remains in force today, but its content has undergone significant changes, which is reflected in the legal support of notarial activities. Despite the lack of officially established conceptual documents that would relate to the development of legal support for notarial activities in Ukraine, the author tried to establish and summarize the actual state of such legal support on the basis of existing legal support, which is presented in the form of the following components: 1) objects of notarial activity; 2) legal consolidation of tasks assigned to the notary, which are defined as a range of responsibilities performed by the subjects of notarial activity; 3) consolidation of the legal status of the notary, within which the rights and obligations granted or assigned to the notary have been legally defined in order to ensure the performance of the tasks specified by law; 4) legal regulation of the procedural order of notarial activity, which is presented mainly at the secondary level; 5) legal consolidation of the organizational support of notarial activity concerning the rules of notarial record keeping, the activity of the High Qualification Commission of Notaries, the rules of ethical conduct of notaries, etc. It is concluded that the high level of variability of legal support of notarial activity in Ukraine is a consequence of the lack of a unified concept of development of legal support of the notary system and notarial activity in Ukraine.


2018 ◽  
Vol 22 (3) ◽  
pp. 316-328 ◽  
Author(s):  
Biswajit Ghose ◽  
S. Joplinshisha Paliar ◽  
Liha Mena

Transformation of non-government organizations (NGOs) to shareholder-owned microfinance institutions (MFIs) is an on-going debate in the field of microfinance research. Institutionalists support the transformation, whereas welfarists argue that NGOs are better conduits in serving poor clients. Prior studies on the impact of legal status of MFIs on their performance document mixed results. This study empirically investigates the extent to which the transformation is justified by examining the impact of legal status on the performance of MFIs in India. Using both univariate ( t-test and rank-sum test) and multivariate (random effect model) regression analysis on a dataset of 57 MFIs over the period of six years from 2008–2009 to 2013–2014, the study finds that the NGOs have better financial and sustainability performance than non-banking financial companies (NBFCs), but with respect to social performance both are indistinguishable. Further, the former has lesser costs of operation and better portfolio quality than the latter. Therefore, NGOs outperform NBFCs with respect to all dimensions of performance except for social performance where both are equally efficient. In conclusion, the transformation of NGOs to NBFCs may not improve the performance of Indian MFIs. These findings are expected to have substantial practical implications for managers of MFIs and for policymakers in framing policies for Indian MFIs.


2019 ◽  
Vol 16 (3) ◽  
pp. 501-512
Author(s):  
Irineu De Brito Junior ◽  
Jaime Huivin ◽  
Mario Chong

Goals: This study focuses on assessing disaster risks in a typical inmegacity in Latin America. The baseline focuses on the logistics characteristics of the last mile, the vulnerability of buildings and the mobility of pedestrians. Design / Methodology / Approach: A risk assessment procedure is developed using logistic metrics through a methodology that captures the most relevant urban information within a square kilometer, and two complementary methods that provide support to obtain metrics associated with the occurrence of disasters. Results: The results show that the majority of blocks in the analyzed area have levels of precautionary risk due to their high level of store density, structure’s vulnerability, pedestrian movement and freight flow. Limitations of the research: The main limitations for the data collection were the insecurity, the level of informality and the chaos presented in the studied area. Practical implications: The main findings allow decision makers to know the most vulnerable areas of the place and, thus, propose recommendations for public policies based on urban knowledge. In addition, the proposed method can be taken as a reference to be applied to other zones of similar characteristics. Originality / Value: This research develops a methodology that evaluates the risks and mitigates the impact on a specific unstudied commercial area, combining three existing methodologies to correctly asses risk on certain zones. This work is an extension of the work of Huivin et al. (2020); the added value is that it provides deeper literature reviewing that help decision-makers and researchers to know the actual state of the art.


2021 ◽  
pp. 111-117
Author(s):  
Тетяна Лузан

This article is dedicated to the concept of personal data. Although notion of the personal data was introduced to data protection legislation quite a while ago, a number of issues has still remained unresolved. One of such issues is the identifiability, a condition for qualification of certain data as the personal data. This condition ignited an academic controversy resulted in a juxtaposition of the absolute and relative approaches to the concept of personal data and, subsequently, pseudonymised data. Yet, both these approaches are observable in the GDPR. Consequently, application of a moderate approach (in-between the absolute and relative approaches) may be suggested. Application of the moderate approach is a means to balance the protection of personal data against other EU rights and freedoms, such as the conduct of business. Finally, by the way of the moderate approach a legal status of the initial data controller may be distinguished from a subsequent recipient of pseudonymised data.


2019 ◽  
Vol 19 (2) ◽  
pp. 59-71 ◽  
Author(s):  
Sonia Bergamo ◽  
Giuseppe Parisi ◽  
Paolo Jarre

Purpose Efforts to establish harm reduction interventions in Italy have persisted since the mid-1990s. Despite this, no sanctioned SIF has ever been implemented. The purpose of this paper is to provide information about a 10 year unsanctioned drug user-run SIF experience in Italy called Stanzetta. Design/methodology/approach The aim of the paper is to assess how Stanzetta met its objectives. Analysis was conducted compiling narrative accounts from the staff working in the NSP, which is adjacent to the Stanzetta, and conducting a simple frequency analysis of the available statistical data. Findings The Stanzetta unsanctioned SIF has been running for ten years and continues to be vulnerable due to its legal status. Being open 24 h/days has maximised its accessibility, but at the same time, it has encouraged a misuse of the Stanzetta. Although not trained, drug users became self-empowered to run the Stanzetta and to keep it clean, but the hygiene-health aspect is seen as one of the greatest challenges by the NSP professional staff. Over 10 years, not a single overdose death has been recorded. Drug use in the park has shifted from more visible places to the Stanzetta. As a result, the abandoned syringes have diminished in number and those disposed of correctly have increased. Moreover, no complaints from citizens or law enforcement were ever made. The neighbourhood acceptance seems to be the main goal of the peer-run unsanctioned SIF. Research limitations/implications The paper is based on a narrative account from the point of view of the professional staff involved, and results are specific to the context in which the study was conducted. Because of the chosen approach, the research results lack scientific generalisability. A relevant limitation is that no peer was involved in this study. Despite this, the research contributes to the information based on peer-run SIFs and makes a case for the de-medicalisation of SIFs in Europe. Practical implications This paper gives visibility to a long-lasting drug user-run SIF experience that was not made public mostly for an unclear legislative background about SIF in Italy. Social implications Efforts to establish harm reduction interventions in Italy have persisted since the mid-1990s and were undertaken primarily in response to epidemics of HIV infection and overdose (DPA, 2017). Despite this, no sanctioned SIF has ever been implemented. Primarily, this study wants to underline the urgency for an SIF pilot in Italy, and secondly the need to consider de-medicalising these services through direct support for peer-based models. Originality/value The Stanzetta unsanctioned SIF in Italy that has been running for ten years. Despite this, the venue continues to be vulnerable due to its legal status. For this reason, these results were never made public before. The experience showed a good working synergy between NSP professionals and the SIF peers. This model can be considered as a “light” de-medicalisation form to be explored and eventually to be implemented as a pilot SIF in Italy.


Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-25
Author(s):  
Revista Dixi ◽  
Oleksii M. Lytvynov ◽  
Yurii V. Orlov ◽  
Andrei M. Yashchenko ◽  
Kseniya V. Yurtayeva

The purpose of the paper is to comprehend and examine dimensions of irregular migration, namely its criminogenic, victimological sources and its background influence on criminal processes in conditions of armed conflict in Ukraine. Results of the study allows us to draw a sound conclusion that irregular migration poses a number of criminogenic risks to Ukrainian national security as well as to the rights and freedoms of Ukrainian citizens, especially of those who remain or arrive to the occupied territories. The research ascertains that criminogenic potential of migration may be viewed from two related perspectives associated with the phenomenon of migrants’ criminality and migrants as potential or real victims of crime. The research outlines the factors providing a favourable environment for engaging irregular migrants into criminal activities. Basing on the recent amendments to the Criminal Code of Ukraine and current criminal statistic the research ascertains the links of ethnic minority criminality and mercenary activities with irregular migration in Ukraine. The research provides arguments that internally displaced persons can be viewed as a contemporary type of intra-state migration that poses additional criminogenic hazards in conditions of the armed conflict in Ukraine. Practical implications of the study lie in the recommendations for decreasing the risks of irregular migration, in conditions of armed conflict in Ukraine, defined a following: resolving the issue on the legal status of the armed conflict in Eastern regions of Ukraine, as well as recognising Lugansk Public Republic and Donetsk Public Republics terrorist’s organisations on the national level. Reinforcing suppression of all kinds of smuggling, international. 


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