scholarly journals Initiating the reorganization procedure according to the law on bankruptcy: Reorganization vs. prepackaged reorganization plan

2021 ◽  
Vol 93 (2) ◽  
pp. 396-414
Author(s):  
Amina Kajević
Keyword(s):  
Legal System ◽  
Successful Implementation ◽  
Controversial Issues ◽  
Reorganization Plan ◽  
The Law ◽  
The Way ◽  
Bankruptcy Reorganization

This paper discusses the initiation of the reorganization procedure by comparing the initiation of the "classic" type of reorganization and the initiation of the reorganization in accordance with the prepackaged reorganization plan. The analysis of the initiation of these two types of reorganization will be conducted based on an overview of the three elements most important for the initiation of the reorganization procedure within one legal system; namely, when the reorganization procedure is initiated, who is authorized to initiate this procedure and what the mandatory content of the reorganization plan is. The way in which these three elements are arranged can significantly affect the quality of the reorganization plan and its successful implementation. The aim of this paper is to analyze the initiation of two types of reorganization in the Serbian Law on Bankruptcy by comparing these three elements, as well as to point out some controversial issues that arise when initiating these two proceedings.

Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change

2021 ◽  
pp. 297-302
Author(s):  
Marc Galanter
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Change ◽  
System P ◽  
The Law ◽  
Over Time ◽  
Do So ◽  
The Way

This article proposes some conjectures about the way in which the basic architecture of the legal system creates and limits the possibilities of using the system as a means of redistributive change. Specifically, the question is under what conditions litigation can be redistributive, taking litigation in the broadest sense of the presentation of claims to be decided by courts. Because of differences in their size, differences in the state of the law, and differences in their resources, some of the actors in society have many occasions to utilize the courts; others do so only rarely. One can divide these actors into those claimants who have only occasional recourse to the courts (one-shotters) and repeat players who are engaged in many similar litigations over time. The article then looks at alternatives to the official litigation system.

scholarly journals The Legal Significance of Expert Treaty Bodies Pronouncements for the Purpose of the Interpretation of Treaties

2020 ◽  
Vol 22 (1) ◽  
pp. 33-60
Author(s):  
Danae Azaria
Keyword(s):  
International Law ◽  
Legal System ◽  
Vienna Convention ◽  
International Court Of Justice ◽  
International Court ◽  
Rule Set ◽  
The Law ◽  
International Law Commission

Abstract Although it is widely accepted that the pronouncements of expert treaty bodies are not binding, this does not mean that they are deprived of any effect in law. This study focuses on their legal effects vis-à-vis the interpretation of treaties, and explores how the International Court of Justice and the International Law Commission have dealt with the pronouncements of expert treaty bodies in relation to the interpretation of treaties. The tale about the Court’s and the Commission’s approaches in this respect demonstrates the profound belief of both the Court and the Commission that international law is a legal system, which calls for reliance on the pronouncements of expert treaty bodies as integral actors within the legal system with some ‘authority’ concerning the determination of the law (within their mandate). This does not mean that the Court and the Commission support a ‘blind reliance’ on such pronouncements; rather the quality of each pronouncement is a criterion for relying on it. The reasoning of the Court and (and implicitly of) the Commission also shows that they consider that international law as a legal system, which necessitates ‘legal consistency’. This in turn suggests that the reliance on pronouncements of expert treaty bodies, which are mandated to supervise the application (and interpretation) of particular treaties, may constitute an exercise of ‘systemic integration’ which exceeds the confines of the rule set forth in Article 31(3)(c) of the Vienna Convention on the Law of Treaties.

scholarly journals Transformasi Madzhab Qouli Menuju Madzhab Manhaji Jama`iy dalam Bahtsul Masa`il

2018 ◽  
Vol 4 (1) ◽  
pp. 19-29
Author(s):  
Imam Syafi`i
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Decision ◽  
The Rule Of Law ◽  
Existing Problems ◽  
Legal Instrument ◽  
Way Of Thinking ◽  
The Law ◽  
The Way

Among the forums to solve the problem are collectively known as 'bahtsul masa'il'. the legal decision is collective, derived from the consensus of the participants. His method of searching references (maraji ') to find answers regarding the existing problems, known as Madzhab Qauli, madzhab which is understood as the opinion or fatwa of a Mujtahid or Mufti in deciding fiqhiyyah law. However, not infrequently stagnation (maukuf) in the termination of the law. Because there are no references or books that explain the problem. As a result, if enforced (laws with existing references) result in unfair decisions and other issues for the community.From this manifestation of schools began to be considered important to be developed. That is a way to answer the problems faced by following the way of thinking and the rule of law which has been drawn up by the madzhab priest as described above. This last method is actually an attempt to decide the law by directly returning al-Qur'an, al-Hadits and so on by using tools qawa'id ushuliyyah and qawa'id fiqhiyyah. Everyone can not run this method individually. because the legal instrument of the legal system must be completely mastered. Therefore this Manhaji Method can be developed by means of ijtihad Jama'i that is the hard effort of some experts in their respective fields maximally in exploring the law of syar'i which is dhanni by using the method of istimbat. The decision is based on the agreement of the ulama or by acclamation, which is to take the most votes from the results of the deliberations. Keyword: Madzhab Qouli, Madhab Manhaji, Bahtsul Masa`il

scholarly journals SOME CONSIDERATIONS REGARDING THE QUALITY OF PARTY IN INDIVIDUAL LABOUR DISPUTES

2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Lavinia Onica Chipea
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Procedure ◽  
Social Dialogue ◽  
Judicial Practice ◽  
Legal Provisions ◽  
The Law ◽  
Labour Disputes

AbstractThe paper proposes, based on the analysis of the Code of Civil Procedure and of laborlegislation, particularly those of the Labor Code and the Law on social dialogue, to nominate,to develop analytically and synthetically the institution of the quality of party in a individuallabour conflict.Along with the cited legal provisions, the examples of judicial practice in BihorCounty point out the specific of labor jurisdiction in the Romanian legal system, jurisdictiongoverned by the Code of Civil Procedure, as common law, which is adapted to the speciallegislation of the spirit of this institution.

scholarly journals PERSEPSI PELAKU KEKERASAN DALAM RUMAH TANGGA TERHADAP UU PKDRT NO 23 TAHUN 2004

2014 ◽  
Vol 6 (2) ◽  
Author(s):  
Jamilah Jamilah ◽  
Akmal Adicahya
Keyword(s):  
Domestic Violence ◽  
Legal System ◽  
Legal Culture ◽  
Public Acceptance ◽  
Psychological Condition ◽  
The Law

The Domestic Violence Act of Indonesia has been applied for 10 years. However, it seems this act does not reduce significantly the practice of domestic violence. Lawrence Friedman emphasizes that there is legal culture that influences legal system. It means that the acceptance of citizen influences the quality of legal system. This research shows that the offenders of domestic violence accept the regulation. Moreover, they consider this regulation as good act to implement. However, there are several factors that make them still practice violence toward their family. Less knowledge, public acceptance and psychological condition contribute to the level of obedience before the law. Therefore, citizens need a good and massive socialization from government about this regulation.

WAYS TO INCREASE PROSECUTOR'S SUPERVISION OF OPERATOR'S ACTIVITIES

2017 ◽  
Author(s):  
Alina Yurchenko ◽  
◽  
Sofiia Mostova ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Controversial Issues ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Compliance With The Law ◽  
Goals And Objectives

The article is devoted to certain aspects of the prosecutor's supervision over the observance of laws by the bodies carrying out operative-search activity. Issues and controversial issues of prosecutorial supervision over the activities of bodies engaged in operational and investigative activities are covered. An assessment of the effectiveness of the tasks and the adequacy of the work of the prosecutor's office. The level of compliance of the prosecutor's supervision over the observance of laws by operatives in the process of their operative-investigative activity to the Constitution and the laws of Ukraine was assessed. Proposals have been made to improve the effectiveness of prosecutorial oversight of compliance with the law by law enforcement agencies. Effective ways to increase the effectiveness of prosecutorial oversight have been sought. The views and works of scientists concerning the problems of prosecutorial supervision over operational and investigative activities are considered. The range of subjects that, within the limits of their powers, have a corresponding influence on the activity of pre-trial investigation bodies, the legal status of persons involved in the sphere of criminal proceedings, on the pre-trial investigation as a whole has been determined. Some aspects of prosecutorial supervision over the activity of bodies carrying out operative-search activity are depicted. The procedure for appointing prosecutors, as well as the goals and objectives set for them, have been studied. The grounds for conducting prosecutorial inspections, types of inspections of compliance with the requirements of the legislation on operational and investigative activities are considered. The supervisory functions performed by the prosecutor's office in other countries are compared with those performed in Ukraine. The criteria for assessing the prosecutor's supervision over compliance with the law during the implementation of operational units and the conduct of covert operation of operational and investigative activities are defined. The risks associated with the work of the prosecutor's office and operational units, which may arise at all stages of operational and investigative activities and covert work of Ukraine, have been identified. Other reasons for prosecutorial oversight are mentioned, which today prevent prosecutors from really influencing the quality of the investigation.

scholarly journals Migrant protection regimes: Beyond advocacy and towards exit in Thailand

2020 ◽  
Vol 46 (5) ◽  
pp. 652-671
Author(s):  
Darshan Vigneswaran
Keyword(s):  
Human Rights ◽  
The State ◽  
Authoritarian State ◽  
Quality Of Protection ◽  
Human Rights Advocacy ◽  
International Migrants ◽  
The Law ◽  
Forced Labour ◽  
The Way

AbstractInternational migrants are subject to many types of violence, such as trafficking, detention, and forced labour. We need an improved understanding of what protects migrants from such violence. The concept of ‘migrant protection regimes’ draws our attention away from formal rights advocacy and to both the informal dimensions of protection and the way migrants help determine the quality of protection they receive. ‘Migrant protection regimes’ are sets of rules and practices regarding who ought to protect whom. These regimes include formal rights to protection in the law and informal relationships that protect migrants from lawful violence by the state. They may be changed by ‘power grabs’, when sovereign actors seek to monopolise protection relationships, but also by ‘exits’, when migrants refuse to accept the protection on offer. The study demonstrates the value of these concepts by using them to explain an unlikely case: a change in laws concerning migrant protection in an authoritarian state: Thailand. Drawing on rich qualitative sources, the article reveals how, after a human rights advocacy campaign had placed migrants’ protection in jeopardy, a mass migrant exodus compelled the country's junta to offer migrants protection on better terms.

scholarly journals Actual problems of formation of legal culture in Ukraine at the present stage

2020 ◽  
pp. 79-87
Author(s):  
Makarenko Larysa
Keyword(s):  
Legal System ◽  
Professional Training ◽  
Legal Culture ◽  
Scientific Article ◽  
Legislative Process ◽  
Clear Understanding ◽  
Legal Development ◽  
The Law ◽  
The Government

Introduction. The scientific article analyzes the features of legal culture of Ukraine, which is in the status of a national legal culture has absorbed not only by a common legal culture, but also special about it and specific to a given legal culture. Provided that there are no two identical legal systems, and no two identical legal cultures. Each national legal culture is developing in a separate society, which has its own cultural characteristics, its own history, develops in particular natural and historical conditions; and that primarily is due to the specificity of state-legal development of society, and therefore the specifics of the national legal culture. Noted that the peculiarities of formation and development of legal system of Ukraine at its initial stage are the objective factors that significantly influenced the development of legal culture of Ukraine, and with it – at the societal, group and individual perception of the new law in the minds of the people and their choice of the relevant legal values. It is argued that under adverse and highly controversial economic, social and state-legal development of Ukraine in the early 90-ies, national legal culture is acquired not progressive, and chaotic and even regressive trend of its development. By the authorities to attempt to reform society, including the state and legal reform, led mainly to the opposite effect, to the increasingly obvious destruction of the system of state administration and legal system, to the denial of the principle of legality and criminality, corruption, and systematic disregard for and violations of the ruling subjects of human rights. Therefore, instead of approval in public life generally accepted legal values in Ukraine today questioned the value of the law and legal nihilism entered level generally threatening the company's existence. The aim of the article. To find out the problems of the formation and development of legal culture in Ukraine, taking into account certain aspects of it to cover them in this article. Results. When talking about the formation of legal culture, it is noted in the literature, apparently, mean measures that create for this process, the necessary conditions, providing the opportunity to the highest degree manifest objective factors that should serve as a conditions of development of legal culture of a society in transition. However, the objectivity of the process of formation of legal culture of society does not mean elimination of human factor from the process. It is also alleged that in the professional legal culture on the legal culture in Ukraine, a special place belongs to the legal culture of lawmakers because of the level of their professional training, legal culture depends on the quality of laws, the timely and proper amendments and additions to the existing legislation with a view to its improvement. The actions of the lawmakers form the authority of the government, contribute to a proper understanding of the law, the observance of the current legislation. For legislative success is essential continuous professional legal culture of direct participants. As shown by practical experience, a high level of professional legal culture of the participant of the legislative process reaches the combining of the two requirements. The first involves the education of the participant of the legislative process, his personal conviction of the need of observance of laws in everyday life. The second is directly connected with the process of obtaining the quality of professional knowledge regarding the mechanism of creating laws and the legal system and develop skills to professionally apply that knowledge. Conclusions. The authors mainly focus not on the characteristics of the development and current state of national legal culture and on various aspects of relations "society-state" in whose context also refers to the legal culture in its private manifestations, and expressed opinions relative to problems of formation in Ukraine of a higher level or better quality of legal culture. But without a clear understanding of the specific and the real state of the national legal culture of Ukraine can not develop the necessary tools and levers of formation of legal culture necessary for the effective functioning of the national legal system.

Facts into faults: The grammar of guilt in jury deliberations

2021 ◽  
pp. 146144562110016
Author(s):  
David R Gibson ◽  
Matthew P Fox
Keyword(s):  
Everyday Life ◽  
Legal System ◽  
Real Life ◽  
Innocent Person ◽  
Jury Deliberations ◽  
The Law ◽  
Ordinary Conversation ◽  
The Way

Jurors customarily do their work with very little by way of instruction from the court, other than about the law. This suggests that they enter the jury room with the relevant cognitive and interactional tools at the ready, drawn from everyday life. This paper focuses on a specific conversational device jurors use to do their work: conditional-contrastive inculpations (CCIs), whereby the defendant’s actions are compared unfavorably to what a normal, innocent person would have done, with the implication that the discrepancy indicates guilt. We examine the logic, variants, sequential precursors, and immediate consequences of this phenomenon in two real-life American criminal juries deliberating the same charges. This study offers a rare glimpse into the operation of real (rather than mock) juries, and specifically the way in which they appropriate a practice from ordinary conversation in order to perform the unordinary work demanded of them by the legal system.

Administration of Civil Justice and Its Glorious Uncertainty in the Indian Legal System

2021 ◽  
pp. 93-111
Author(s):  
Soma Dey Sarkar ◽  
Rathin Bandyopadhyay ◽  
Bidisha Bandyopadhyay
Keyword(s):  
Legal System ◽  
Present Situation ◽  
Access To Justice ◽  
Civil Justice ◽  
Legal Studies ◽  
Litigation Process ◽  
The Law ◽  
Court Proceedings ◽  
Law Commission ◽  
The Way

“Justice delayed is justice denied” and “justice hurried is justice buried” are oft quoted proverbs in legal studies. While the latter is rarely prevalent in India, the former has maligned the image of the Indian legal system considerably. Delay in disposal of cases, pendency of cases, especially those of civil and commercial nature, and inducing unnecessary procedural complexities in litigation process are hindrances that come in the way of access to justice. Several reports of the Law Commission of India have pointed out that the present situation is very grim with escalating number of pending cases in the courts in India. To add to this compelling situation, the COVID-19 pandemic has further disrupted the court proceedings by increasing burden, moving the hearings from physical to virtual courtrooms. The endeavour of the authors in this chapter has been to search for convincing reasons that have led to inordinate delays in disposal of civil cases and to find out possible solutions to this problem plaguing the Indian legal system.

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