Le pourvoi en cassation en matière civile

2019 ◽  
Vol 81 ◽  
pp. 87-102
Author(s):  
Christian Charruault

The author analyzed the structure of cassation proceedings in France. He remarked that the French Cassation Court does not examine the dispute, but the judgment which was issued as a result of the proceedings in a specific case. He claims that the function of the cassation proceedings, as well as the role of a cassation judge is special for several reasons. Most importantly, cassation consists in overruling a judgment. The legal interpretation and the justification of the grounds of such a ruling bear more similarity to doctrinal considerations rather than a purely judicial verdict. The text also presents the organisation of the French Cour de cassation by describing the composition of each chamber, their scope of competence, the tasks of the president of the court as well as the overall day-to-day functioning. The author asserts that the organisation of the court reflects its main endeavour, namely to assure the uniformity of the jurisprudence. Additionally, he puts an emphasis on the relation between the selection mechanism of cassation cases and the Cassation Court’s ability to efficiently fulfill its role. The author argues that such mechanisms do not infringe on Article 6 (1) ECHR. Next, the author proceeds to describe an outline of the court session at the Cour de cassation, including the role of judges, parties to the proceedings, as well as the scope of examination of a cassation and the possible outcomes that come into play. The author concludes his considerations by analysing the extent to which the French cassation court may control the constitutionality of legal provisions and juxtaposing it with solutions adopted in some other European countries.

2019 ◽  
Vol 29 ◽  
pp. 49-57
Author(s):  
Sergey V.  Lebedev ◽  
Galina N.  Lebedeva

In the article the authors note that since the 1970s, with the rise of the Islamic movement and the Islamic revolution in Iran, philosophers and political scientists started to talk about religious renaissance in many regions of the world. In addition, the point at issue is the growing role of religion in society, including European countries that have long ago gone through the process of secularization. The reasons for this phenomenon, regardless of its name, are diverse, but understandable: secular ideologies of the last century failed to explain the existing social problems and give them a rational alternative.


Animals ◽  
2020 ◽  
Vol 11 (1) ◽  
pp. 6
Author(s):  
Alicja Buczek ◽  
Weronika Buczek

Increased human mobility elevates the risk of exposure of companion animals travelling with their owners or imported from other regions to tick attacks. In this study, we highlight the potential role of dogs and cats taken for tourist trips or imported animals in the spread of ticks and tick-borne pathogens. The Rhipicephalus sanguineus tick, which is a vector of numerous pathogens causing diseases in animals and humans, is imported most frequently from endemic areas to many European countries. Additionally, alien tick species with high epizootic and epidemiological importance can be imported on dogs from other continents. Companion animals play an even greater role in the spread of autochthonous tick species and transmission of tick pathogens to other animals and humans. Although the veterinary and medical effects of the parasitism of ticks carried by companion animals travelling with owners or imported animals are poorly assessed, these animals seem to play a role in the rapid spread of tick-borne diseases. Development of strategies for protection of the health of companion animals in different geographic regions should take into account the potential emergence of unknown animal tick-borne diseases that can be transmitted by imported ticks.


Author(s):  
Michael Prieler ◽  
Jounghwa Choi ◽  
Hye Eun Lee

The present study examined the relationship between appearance-related social comparison on social networking services (SNSs) and body esteem in a cross-cultural context (three European countries, i.e., Austria, Belgium, and Spain, versus one Asian country, i.e., South Korea). The role of self-worth contingency on others’ approval was considered to be a psychological and cultural factor. Utilizing a large-scale cross-national survey of early and middle adolescents in 2017, the responses of female adolescents (N = 981) were analyzed. The results generally support the findings from previous studies but also reveal cultural differences. Appearance comparison on Facebook negatively influenced girls’ body esteem in all European countries, but not in South Korea. Self-worth contingency on others’ approval negatively influenced girls’ body esteem across all four countries. Finally, a positive relationship between self-worth contingency on others’ approval and appearance comparison on Facebook was found in all European countries, but not among Korean girls. These findings suggest the importance of self-worth contingency on others’ approval and cultural contexts can be used to study the effects of body image-related SNS use.


Author(s):  
Marzena Tambor ◽  
Jacek Klich ◽  
Alicja Domagała

After the fall of communism, the healthcare systems of Central and Eastern European countries underwent enormous transformation, resulting in departure from publicly financed healthcare. This had significant adverse effects on equity in healthcare, which are still evident. In this paper, we analyzed the role of government and households in financing healthcare in eight countries (EU-8): Czechia, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, and Slovenia. A desk research method was applied to collect quantitative data on healthcare expenditures and qualitative data on gaps in universal health coverage. A linear regression analysis was used to analyze a trend in health expenditure over the years 2000–2018. Our results indicate that a high reliance on out-of-pocket payments persists in many EU-8 countries, and only a few countries have shown a significant downward trend over time. The gaps in universal coverage in the EU-8 countries are due to explicit rationing (a limited benefit package, patient cost sharing) and implicit mechanisms (wait times). There is need to increase the role of public financing in CEE countries through budget prioritization, reducing patient co-payments for medical products and medicines, and extending the benefit package for these goods, as well as improving the quality of care.


2017 ◽  
Vol 9 ◽  
pp. 184797901773574 ◽  
Author(s):  
Giovanna Ferraro ◽  
Antonio Iovanella

This article offers a network perspective on the collaborative effects of technology transfer, providing a research methodology based on the network science paradigm. We argue that such an approach is able to map and describe the set of entities acting in the technology transfer environment and their mutual relationships. We outline how the connections’ patterns shape the organization of the networks by showing the role of the members within the system. By means of a case study of a transnational initiative aiming to support the technology transfer within European countries, we analyse the application of the network science approach, giving evidence of its relative implications.


2020 ◽  
Vol 1 (1) ◽  
pp. 7-10
Author(s):  
Lusia Indrastuti ◽  
Budi Prasetyo

Utilization of natural resources through environmental empowerment is an intention to improve public welfare through the Pancasila philosophy. The occurrence of floods that have occurred at this time both the Jabodetabek area and other regions illustrate the preservation of the environment not running well. For this reason, efforts and strategies need to be made to anticipate disasters that will occur in the future. In accordance with the foundation of the Pancasila state that has been engraved in the life of the nation and state of Indonesia, the role of the Pancasila for environmental protection needs to be put forward. This article aims to prevent the dominance of law enforcement in the field of environment but the role of the Pancasila perspective as a way of life and state ideology must be put forward. Pancasila is a guideline for maintaining and developing community welfare through a harmonious, balanced environment in order to improve the ongoing development at this time. This research uses a normative approach to library research, by conducting a study of the nation's life view of Pancasila and analyzing the applicable legal provisions, specifically in the field of environmental law. The results of this study are to put forward the Pancasila perspective approach in managing the environment in order to develop patterns of harmony, harmony and balance both in meeting physical and spiritual needs. The conclusion of this article is that environmental management has not been carried out in the perspective of the Pancasila perspective, so that the practice of Pancasila values has not been carried out consistently in developing environmental aspects.


2010 ◽  
Vol 3 (1) ◽  
pp. 6-14
Author(s):  
Béla Mester

The paper analyses a well‐known phenomenon, that of the 19th century Central European so‐called “national philosophies”. However, the philosophical heritages of the Central European countries have their roles in the national identities; historians of philosophy in these countries know; our philosophies have common institutional roots with our neighbours. The paper deadlines paradigmatic problems from the Hungarian and Slovakian philosophy: the Latin language in philosophy, the different role of Kantianism and Hegelianism in the national cultures, and the problems of canonisation. Vengrų ir slovakų nacionalinių filosofijų komparatyvistinė istoriografija: Vidurio Europos atvejis Santrauka Straipsnyje tyrinėjamas gerai žinomas fenomenas, XIX a. Vidurio Europoje vadinamas „nacionalinėmis filosofijomis“. Kad ir kaip būtų, filosofiniai Vidurio Europos valstybių palikimai turi įtakos nacionaliniams tapatumams, ir tai žino šių valstybių filosofijos istorikai. Mūsų ir mūsų kaimynų filosofijos turi bendrąsias paprotines šaknis. Straipsnyje brėžiama paradigminių vengrų ir slovakų filosofijos problemų perskyra pagal lotynų kalbą filosofijoje, skirtingą kantizmo ir hėgelizmo vaidmenį tautinėse kultūrose bei kanonizacijos problemas. Reikšminiai žodžiai: kanonizacija, Vidurio Europos filosofijos, hėgelizmas, vengrų filosofija, kantizmas, lotynų kalba filosofijoje, tautinis tapatumas, „nacionalinės filosofijos“, slovakų filosofija.


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