THE ISSUES OF EVIDENCE FACILITATION IN THE REGULATION OF PACKAGE TRAVEL AND HOTEL SERVICES IN THE CONTEXT OF PROTECTING TRAVELLERS AND TOURISTS

2021 ◽  
Vol 57 ◽  
pp. 5-5
Author(s):  
Małgorzata Szymszon
Keyword(s):  
Comparative Method ◽  
Comparison Method ◽  
Legal Provisions ◽  
Legal Situation ◽  
International Regulations ◽  
The Subject ◽  
Package Travel ◽  
Proper Interpretation ◽  
Method Analysis ◽  
Practical Implications

Purpose. The aim of the article is to show the significance and diversity of legal constructions concerning the facilitations of proof in provisions regulating package travel and hotel services in the context of protecting travellers and tourists. Method. Analysis regarding the regulation of package travel and hotel services including the facilitations of proof are carried out using the formal-dogmatic and legal comparison method. The comparative method has a significant meaning for the proper interpretation of provisions regulating package travel and hotel services due to the interpenetration of national and international regulations. In the process of recreating norms from legal provisions, it is therefore helpful to analyse their similarities and differences. Findings. The provisions regulating package travel and hotel services include the facilitations of proof which improve the legal situation of travellers and tourists, as well as ensuring their protection. Research and conclusions limitations. There is no comprehensive study on facilitations of proof in the regulation of package travel and hotel services in literature on the subject. Practical implications. Conclusions resulting from the article will allow to determine the proper nature of the provisions referring to the facilitations of proof in the regulation of package travel and hotel services, which will enable their proper application in practice. Originality. The issue of the facilitations of proof in the regulation of package travel and hotel services has not been comprehensively researched so far. Type of work. Problem article.

AXIOLOGY OF CHANGES IN CONSUMER LAW ON THE EXAMPLE OF THE IMPLEMENTATION OF THE 2015/2302 DIRECTIVE ON PACKAGE TRAVEL AND LINKED TRAVEL ARRANGEMENTS IN POLAND

2018 ◽  
Vol 49 ◽  
pp. 129-153
Author(s):  
Piotr Cybula
Keyword(s):  
Point Of View ◽  
Consumer Law ◽  
Legal Method ◽  
Legal Situation ◽  
The Media ◽  
The Subject ◽  
Polish Law ◽  
Package Travel ◽  
Method Analysis ◽  
Practical Implications

Purpose. The purpose of this article is to verify, to a certain extent, the thesis on greater protection of the traveller after the entry into force of the Act on Package Travel and Linked Travel Arrangements, in relation to the hitherto binding provisions of the Act on Tourist Services represented e.g. in literature and the media. Method. The paper uses the dogmatic-legal method - analysis of problems presented on the basis of legal regulations and literature on the subject. Findings. The author points out, on selected examples, that with regard to many problems, which are important from a practical point of view, this protection has actually worsened the situation, the traveller is less protected than under the Act on Tourist Services. In fact, the new provisions lead to partial worsening of the legal situation of the traveller. Research and conclusions limitations. Due to the timing of the adoption of Directive 2015/2302 and the Act on Packages Travel and Linked Travel Arrangements, the presented issues are new, with relatively little literature to date. Practical implications. Conclusions resulting from the article may be used to assess the importance of the implementation regarding the provisions of Directive 2015/2302 in Polish law, including possible legislative interference. Originality. The problem has not been presented so far. Type of work. Problem article.

دية القتل الخطأ في الحوادث المرورية في الفقه الإسلامي: دراسة مقارنة Blood Money for Unintended Manslaughter in Traffic Accidents in Islamic Jurisprudence: A Comparative Study

2015 ◽  
Vol 12 (1) ◽  
pp. 1-29
Author(s):  
عارف علي عارف القره داغي ◽  
فايزة بنت إسماعيل ◽  
ئاوات محمد آغا بابا
Keyword(s):  
Comparative Study ◽  
Mutual Fund ◽  
Traffic Accidents ◽  
Comparative Method ◽  
Inductive Approach ◽  
Legal Provisions ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
Blood Money ◽  
Major Factors

الملخّصيتعلق هذا البحث بموضوع دية القتل الخطأ في الحوادث المرورية في الفقه الإسلامي في العصر الحاضر لكثرة وقوعها وحاجة الناس إلى بيان أحكامها من حيث كيفية تقديرها. وتحرير الخلاف في دية المرأة، ومسألة دية الجنين في حال تعرضه للموت في بطن أمه نتيجة الحادث المروري، أو في حالة تعرضه للإجهاض والموت، وتناول أيضًا دية شخصين إذا ماتا نتيجة اصطدام سيارتين؛ فكيف تقدَّر الدِّية؟ وعالج البحث مسألة العاقلة في الوقت الحاضر التي تساعد الطرفين (الجاني والمجني عليه وذلك بجمع الدية وإعطائها للمجني عليه). وذلك من خلال استخدام المنهج الاستقرائي والمنهج المقارن: حيث يتم من خلاله جمع النصوص المتعلقة بالموضوع، وآراء العلماء المتقدمين، والمعاصرين، والمقارنة بينهما لمعرفة نقاط الاتفاق والاختلاف، لتجلية معالم الموضوع، وتسهيل مناقشتها بصورة دقيقة، ثم بيان الرأي الراجح. وقد توصلت الدراسة إلى أنَّ دية القتل في الحوادث المرورية في العصر الحاضر تساوي بالدينار الذهبي، الذي يساوي 4.250 جرامًا من الذهب، أو بما يساويها من النقد. وأنَّ الراجح هو تساوي دية الرجل مع دية المرأة. وفي حالة عدم وجود العاقلة لابأس من إنشاء شركة تعاونية لمساعدة من وقع منه الحادث.الكلمات المفتاحية: الدِّية، حوادث المرور، دية المرأة، دية الجنين، العاقلة. Abstract         This research addresses the subject of blood money for unintended manslaughter in traffic accidents according to Islamic jurisprudence in the present era due to the frequency of their occurrence and the need for people to understand the legal provisions concerning determining the amount. In this regard, we seek to clarify the disagreements regarding the blood money for women and foetuses that die in the mother’s womb as a result of traffic accidents or abortion. We also address the issue of blood money for two people who die as a result of collision between two cars. We also examine the issue of ʿĀqilah (those who pay the blood money) who helped the two parties (the offender and the victim by collecting blood money and giving it to the victim). To clarify these issues, we use the inductive approach and comparative method wherein we collect the various texts on the subject, and the views of classical and contemporary scholars to engage in a comparison between them in order to identify the points of agreement and disagreement between views. From here, we also hope to identify the major factors pertaining to such issues in order to facilitate a precise and concrete discussion to arrive at the most correct opinion. The study found that blood money for manslaughter in traffic accidents in the present era is equal to a gold dinar, which is equal to 4.250 grams of gold, or its cash equivalent. We advocate that the correct view is that the amount of blood money paid to a man is equal to that of a woman, and that in the absence of an ʿĀqilah it is possible to form a cooperative or mutual fund to render assistance to the victim.Keywords: blood money, traffic accidents, women, foetus, ʿĀqilah.

Slow Tourism in Large Cities: Creating Slow Districts

2016 ◽  
Vol 39 (0) ◽  
pp. 0-0
Author(s):  
Anna Wilkońska
Keyword(s):  
Development Strategy ◽  
Specific Binding ◽  
Case Analysis ◽  
Slow Movement ◽  
Large Cities ◽  
The Subject ◽  
The City ◽  
Method Analysis ◽  
Practical Implications

Purpose. Discussion regarding the development potential of large cities with respect to the idea of slow tourism, especially in the context of designated areas of specific city districts. References were made to the city of Cracow. Method. Analysis of literature on the subject made references to issues related to the idea of slow movement with respect to cities (slow city) and tourism (slow tourism). Analysis of Cracow’s case, in the context of the establishment of a slow district which is scheduled in the city, allowed for practical references with respect to the discussed issue. Findings. The performed analyses showed the complexity of the issue of slow movement, but also its attractiveness for large cities and tourists (e.g. on account of environmental protection). However, popularisation of the idea of slow movement also entails risks, especially related to its mass character and, in effect, its commercialisation. Research and conclusion limitations. Analysis of literature on the subject only referred to a fragment of the issue and case analysis focused on only one municipal centre. Practical implications. References were made to specific binding tasks from the Tourism Development Strategy of Cracow. Originality. References were made to a large municipal centre which, in the context of the slow movement idea, is a rare subject of academic papers. The subject matter was connected to specific examples of slow districts, planned in the strategic document for Cracow. Type of paper. Overview-type article and case study.

scholarly journals Servus publicus and servus privatus in Ancient Rome: Legal Status and Social Status

2021 ◽  
Vol 30 (1) ◽  
pp. 251
Author(s):  
Bronisław Sitek
Keyword(s):  
Social Status ◽  
Legal Status ◽  
Ancient Rome ◽  
Special Group ◽  
Legal Provisions ◽  
Legal Situation ◽  
The Subject

<p class="Tre">Public slaves were a special group of slaves. As a rule, their legal situation was analogous to private slaves. Hence, there are relatively few preserved sources of law regarding this slave group. There are relatively few Romanist studies regarding the legal situation of public slaves. A larger number of these studies appeared only in the second half of the 20<sup>th</sup> century. The subject of this study is to compare the legal and social status of both groups of slaves. The purpose is to show a different application of legal provisions depending on their suitability for public matters and the education of public slaves.</p>

scholarly journals Observance of Maqaasid and Urf and their Impact Contracts and Actions an Applied Jurisprudence Study

2021 ◽  
Vol 4 ◽  
pp. 34-74
Author(s):  
Ali Muhammad Ali Mahdi Uthman
Keyword(s):  
Comparative Method ◽  
Research Problem ◽  
Legal Provisions ◽  
Scientific Analysis ◽  
Islamic Thought ◽  
The Family ◽  
Curriculum Research ◽  
The Subject ◽  
To Come ◽  
Legal Controls

يسلط البحث الضوء على أثر مراعاة المقاصد والنيات في العقود التي تقتضي الإيجاب والقبول من الطرفين كالبيع والإجارة والهبة والزواج إلى آخره، والتصرفات التي تقتضي وقوع الرضا من طرف واحد كالإبراء والإسقاط والطلاق، ويعالج البحث كثيرا من الإشكالات التي تقع – بحسن نية- أحيانا، وأحيانا أخرى تحت وطأة العرف الذي ينظر بعين الازدراء والاحتقار إلى من يخالف قواعده حتى ولو كان مطالبا بحقه الشرعي في ضوء مراعاة المقاصد الشرعية، ومواد القانون المدني المصري بما يساعد المفتين والقضاة على حل النزاع ورفع الإشكال بمنهجية علمية وفق الأحكام الشرعية. في هذا البحث رصد لكثير من الإشكالات العملية ووضع الحلول الفقهية العادلة لها، ومن هذه الصور: إنفاق الابن على الأسرة على ما جرت به العادة من غير تصريح بطلب المعاوضة ولا بالهبة ثم التنازع بعد ذلك في طلب العوض. مساهمة الزوجة براتبها في مسكن الزوجية، ثم طلب العوض عند النزاع. التوقيع على وثيقة الطلاق لا بقصد الفراق وإنما بغرض الحصول على معاش الوالد. التنازل عن الميراث خشية الازدراء من الأقارب. ومن أهداف البحث وضع الحلول الفقهية لكثير من الإشكالات العملية التي ترد إلى لجان الفتوى في موضوع البحث. التأكيد على مرونة الفقه، وقدرته على وضع الحلول العادلة لجميع مستجدات الحياة. استجابة لما نادى به مؤتمر الأزهر العالمي للتجديد في الفكر الإسلامي، من قدح زناد العقل الفقهي للخروج برؤى متطورة تبني على ما أصله الفقهاء السابقون لتضع الحلول العادلة لكثير من إشكالات العصر، وموضوع البحث أحد هذه الإشكالات. المنهج الذي سأتبعه في البحث- إن شاء الله- يتمثل فيما يلي: المنهج المقارن. منهج التحليل العلمي. منهج التخريج الفقهي. انتهى البحث إلى العديد من النتائج التي تدل على مراعاة مقاصد المكلفين في العقود والتصرفات وفق ضوابط شرعية تم بيانها تفصيلا في أثناء البحث، كما تم ذكر النتائج إجمالا في نهاية البحث. الكلمات المفتاحية: أثر، المقاصد، العرف، مراعاة، العقود والتصرفات.   Abstract The research sheds light on the effect of observing purposes and intentions in contracts that require an offer and acceptance by both parties, such as selling, leasing, gift, marriage...etc, and behaviors that require consent from one party, such as acquittal, abolition and divorce. The research deals with many problems that sometimes occur - in good faith. And sometimes under the pressure of custom, which looks with contempt at those who violate its rules, even if they are claiming their legitimate right in light of observing the legitimate purposes, and the articles of the Egyptian Civil Code in a way that helps the muftis and judges to resolve the dispute and raise the problems with a scientific methodology in accordance with the legal provisions. Research problem: In this research, many practical problems have been monitored and the fair jurisprudential solutions have been developed for them.The son’s spending on the family on what is customary, without permission to ask for compensation or as a gift, then dispute after that in the request for compensation.The wife’s contribution with her salary to the marital home, and then asking for compensation in the event of a dispute.Signing the divorce document not for the purpose of separation, but for the purpose of obtaining the father's pension. Relinquishing the inheritance for fear of contempt from relatives Research aims: Develop jurisprudential solutions to many practical problems that are referred to the fatwa committees about the research. Emphasis on the flexibility of jurisprudence, and its ability to develop just solutions to all developments in life. In response to what was called by the Al-Azhar International Conference for Renewal of Islamic Thought, to ignite the trigger of the jurisprudential mind to come up with advanced visions that build on the origins of the previous jurists to put just solutions to many of the problems of the time, and the subject of research is one of these problems. Research Methodology: The method that I will follow in the research - God willing - is as follows: The comparative method. Scientific analysis method. Jurisprudence graduation curriculum. Research results: The research ended with many results that indicate the observance of the purposes of the taxpayers in contracts and actions according to legal controls that were detailed during the research, and the results were mentioned in general at the end of the research. Keywords: Impact, intentions, custom, observance, contracts, actions.

ABOUT THE PLACE AND ROLE OF ETHICS IN TOURISM

2018 ◽  
Vol 49 ◽  
pp. 11-30
Author(s):  
Marek Kazimierczak
Keyword(s):  
Comparative Method ◽  
Moral Dilemmas ◽  
Ethical Reflection ◽  
Ethical Problems ◽  
Text Interpretation ◽  
Analysis And Synthesis ◽  
The Subject ◽  
Historical Comparative ◽  
Practical Implications

Purpose. The aim of the article is to deepen the philosophical and ethical reflection on the phenomenon of modern tourism which forms the opportunity to determine the objective scope regarding ethics of practical tourism, its tasks and goals. Method. In addition to the classical methods based on analysis and synthesis of research material, the author applies elements of the historical-comparative method, as well as the hermeneutic method for text interpretation. Findings. As it turns out, in the subject-related literature, there is no extensive theory of tourism ethics that could fill the clear gap appearing in the studies on the axiological nature of relationships and relations in tourism. In this article, the author tries to show that it is not possible to separate ethics from the issue of development in general and the development of tourism in particular. Research and conclusions limitations. Ethical reflection on a post-modern tourism has revealed a number of barriers and limitations faced by ethical behavior in the sphere of tourism, especially when talking about the possibility of self-realisation or self-realisation through participation in tourist travels. Practical implications. In-depth understanding of the ethical problems concerning modern tourism can favor behaviors going beyond everyday tourist practices. Originality. The article is an attempt at synthetic summary of the most important issues and moral dilemmas faced by a contemporary tourism. Type of paper. The article constitutes a review, in which theoretical and historical themes interlace with empirical examples concretising the theses put forward.

scholarly journals PIERCING THE CORPORATE VEIL

2021 ◽  
pp. 279-291
Author(s):  
IVANA MARAŠ ◽  
DARKO GOLIĆ
Keyword(s):  
Comparative Method ◽  
Limited Liability ◽  
Legal Regulations ◽  
Legal Provisions ◽  
Important Exception ◽  
The Subject ◽  
Piercing The Corporate Veil ◽  
Important Significance ◽  
Detailed Presentation ◽  
Court Practice

The subject of the paper is the institute of piercing the corporate veil – the review of norms as well as court practice cases related to the application of this institute. The primary goal of this paper is detailed presentation of the institute of piercing the corporate veil, as an important exception from the principle of limited liability with certain forms of companies and recognition of important significance that is still not entirely used in practice. The conclusion from research is that it is necessary to provide a more precise and clearer positive legal regulations of this institute in order to unify court practice and facilitate creditors in applying and proving rights through the institute of piercing the corporate veil. With more precise regulation of legal provisions and positive examples of court practice, the creditors would be encouraged to use this instrument more frequently. Methods used in this paper include dogmatic method, normative method, comparative method as well as axiology method, explained in more detail below.

Observance of Maqaasid and Urf and their Impact Contracts and Actions an Applied Jurisprudence Study

2021 ◽  
Vol 4 (Special Issue) ◽  
pp. 34-74
Author(s):  
Ali Muhammad Ali Mahdi Uthman
Keyword(s):  
Comparative Method ◽  
Research Problem ◽  
Legal Provisions ◽  
Scientific Analysis ◽  
Islamic Thought ◽  
The Family ◽  
Curriculum Research ◽  
The Subject ◽  
To Come ◽  
Legal Controls

The research sheds light on the effect of observing purposes and intentions in contracts that require an offer and acceptance by both parties, such as selling, leasing, gift, marriage...etc, and behaviors that require consent from one party, such as acquittal, abolition and divorce. The research deals with many problems that sometimes occur - in good faith. And sometimes under the pressure of custom, which looks with contempt at those who violate its rules, even if they are claiming their legitimate right in light of observing the legitimate purposes, and the articles of the Egyptian Civil Code in a way that helps the muftis and judges to resolve the dispute and raise the problems with a scientific methodology in accordance with the legal provisions. Research problem: In this research, many practical problems have been monitored and the fair jurisprudential solutions have been developed for them.The son’s spending on the family on what is customary, without permission to ask for compensation or as a gift, then dispute after that in the request for compensation.The wife’s contribution with her salary to the marital home, and then asking for compensation in the event of a dispute.Signing the divorce document not for the purpose of separation, but for the purpose of obtaining the father's pension. Relinquishing the inheritance for fear of contempt from relatives Research aims: Develop jurisprudential solutions to many practical problems that are referred to the fatwa committees about the research. Emphasis on the flexibility of jurisprudence, and its ability to develop just solutions to all developments in life. In response to what was called by the Al-Azhar International Conference for Renewal of Islamic Thought, to ignite the trigger of the jurisprudential mind to come up with advanced visions that build on the origins of the previous jurists to put just solutions to many of the problems of the time, and the subject of research is one of these problems. Research Methodology: The method that I will follow in the research - God willing - is as follows: The comparative method. Scientific analysis method. Jurisprudence graduation curriculum. Research results: The research ended with many results that indicate the observance of the purposes of the taxpayers in contracts and actions according to legal controls that were detailed during the research, and the results were mentioned in general at the end of the research.

scholarly journals THe Question on Excitation of Criminal Cases Against Judges

2016 ◽  
Vol 3 (4) ◽  
pp. 161-168
Author(s):  
N V Romanenko
Keyword(s):  
Criminal Case ◽  
Practical Implementation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Research Papers ◽  
Legal Provisions ◽  
The Status ◽  
The Subject ◽  
Major Adjustment ◽  
Method Analysis

The subject of research are the legal provisions governing the institution of criminal proceedings against a judge or bringing him in as a defendant, as well as their practical implementation. In the study we used systematic methods of analysis, generalization of legislation, research papers, statistical, sampling method. Analysis of the practice revealed a number of problems in the application of complicated procedure brought against a judge of the criminal case (bringing him in as a defendant), in which the excitation of proce- dure of the criminal case against a judge needs a major adjustment in the way of closer relationship guarding the status of a judge of the constitutional norms and the criminal procedural rules guaranteeing protection of the rights of victims of crimes committed by them.

Psychological nature of intelligence officer

2020 ◽  
Vol 8 (2) ◽  
pp. 12
Author(s):  
P. Yu. Naumov ◽  
F. V. Povshednaya
Keyword(s):  
Social Groups ◽  
Pedagogical Practice ◽  
Value System ◽  
Level Of Education ◽  
Main Research ◽  
Social Trends ◽  
Deductive Method ◽  
Mechanisms Of Formation ◽  
The Subject ◽  
Method Analysis

Introduction. Based on modern social trends, the demand becomes not only for professionally trained people, but also for the level of their general culture, value system and, ultimately, intelligence. At the same time, there is no place for intellectuals and educating intellectuals in program documents on educational activities, although this task is very logical for the pedagogical practice of a developed society. This work presents the experience of the author's analysis of the psychological nature of the intelligence of an officer. Consistently considering the essence and structure of such a complex phenomenon, the structure and the real functioning of the values that allow characterizing the subject as an intellectual are ascertained.Materials and methods. As the main research methodology, the authors use sociological (I.S. Kon), culturological adapted to solve the problems of this work (M.S. Kagan), historiographic (A.V. Popov), systemic (I.V. Blauberg, V.A. Lektersky, V.N. Sadovsky, S.L. Rubinstein, M.S. Kagan, N.V. Kuzmina) and functional approaches (P.K. Anokhin, M.S. Kagan, N. Wiener). The main research methods were: hypothetical-deductive method; analysis, synthesis, comparison, analogy and abstraction; systemic method and modeling.Results. The result of the study is that the authors identified and justified the structural psychological qualities of intelligence as the subjective characteristics of an officer and examined the basic mechanisms of formation of intellectual values.Discussion and Conclusions. The required criteria for being intelligent as a  subject characteristics of an officer is the level of education (self education)of an officer, his manners, the scope of his values , existential assessment –correlating every fact he faces with general life-span problems of objective reality, having respect for values of others and being ready for talk to employees and  superiors as well as the representatives of other social groups, other cultures, nationalities, confessions and professions which requires dialog in search of optimal forms and options of interaction. The cornerstone principle for intelligence of the officer are, therefore, his education and upbringing, ideological conviction in his own values and readiness for self-sacrifice for their sake.

Sign in / Sign up

Export Citation Format

Share Document