scholarly journals Parties in civil lawsuits according to provisions of legislation on civil procedure of Serbia from 1865

2020 ◽  
Vol 54 (4) ◽  
pp. 1273-1283
Author(s):  
Maša Kulauzov
Keyword(s):  
Civil Procedure ◽  
Third Parties ◽  
The State ◽  
Legal Capacity ◽  
Legal Representative ◽  
Civil Lawsuits ◽  
A Minor

The article sheds light on provisions of Code of Civil Procedure from 1865 concerning parties in civil lawsuits. Beside plaintiff and defendant, position of third parties in litigation such as intervener, guardian of a minor or an adult deprived of legal capacity, as well as of legal representative (i.e. attorney) was also carefully scrutinized in this paper. As being fully aware of their significance, the author of the Code, minister of justice Rajko Lešjanin dedicated 33 paragraphs to parties in civil lawsuits. They had been very attentively drafted after thorough and detailed discussion between the author of the draft and the State Council's Commission. Legal capacity of litigants and their representation before courts of law is especially meticulously regulated. Aforementioned provisions (except for paragraph 65 that was somewhat revised in 1900) remained intact during the whole period that the Code was in force. Minister of justice Stojan Novaković, however, in his draft from 1872 proposed amendments and supplements to the two articles regarding the course of time during which intervener should be allowed to join ongoing litigation and ability of parties in lawsuit to appoint more than one legal representative but, since Novaković's document was never enacted, these articles were left unrevised.

scholarly journals DOWODY Z DOKUMENTÓW POŚWIADCZONYCH ZA ZGODNOŚĆ Z ORYGINAŁEM PRZEZ PROFESJONALNEGO PEŁNOMOCNIKA W POSTĘPOWANIU W SPRAWIE O WPIS W KRAJOWYM REJESTRZE SĄDOWYM

2016 ◽  
Vol 13 (3) ◽  
pp. 165
Author(s):  
Mariusz Stanik
Keyword(s):  
National Court ◽  
Civil Procedure ◽  
The State ◽  
Documentary Evidence ◽  
Legal Representative ◽  
Procedure Code ◽  
Made In

DOCUMENTARY EVIDENCE CERTIFIED AS TRUE BY A PROFESSIONAL PROXY IN PROCEEDINGS FOR AN ENTRY IN THE NATIONAL COURT REGISTER Summary The article concerns the acceptable form of documentary evidence in proceedings for an entry in the Polish National Court Register, in particular whether as of 1 January 2010 it is permissible to attach documents certified as true copies by the proxy appearing in the case, that is an attorney, legal representative, or attorney of the Polish State Treasury Office, to applications for entry in the Register. The analysis of this issue examines the provisions of Art. 129 § 3 and Art. 6944 § 1 of the Polish Civil Procedure Code, including an analysis of the relation between these provisions. In conclusion the author observes that despite the fact that there is a lex generalis ‒ lex specialis relations between Art. 129 § 3 and Art. 6944 § 1 of the Code, the principle of lex specialis derogat legi generali does not apply. Consequently, in the proceedings for entry in the Register there are no legal obstacles for the submission of documents on the basis of which entries are to be made in the Register, in the form of copies or transcripts certified as a true copy by the acting proxy (attorney, legal representative, or attorney of the State Treasury Office) of the party to such proceedings.

The Open Society and the Democracy to Come: Bergson, Deleuze and Guattari

2016 ◽  
Vol 10 (3) ◽  
pp. 352-366 ◽  
Author(s):  
Bruce Baugh
Keyword(s):  
Political Philosophy ◽  
The State ◽  
Open Society ◽  
Minor Literature ◽  
Deleuze And Guattari ◽  
The People ◽  
To Come ◽  
Polar Opposite ◽  
A Minor ◽  
Gain Access

In Bergsonism, Deleuze refers to Bergson's concept of an ‘open society’, which would be a ‘society of creators’ who gain access to the ‘open creative totality’ through acting and creating. Deleuze and Guattari's political philosophy is oriented toward the goal of such an open society. This would be a democracy, but not in the sense of the rule of the actually existing people, but the rule of ‘the people to come,’ for in the actually existing situation, such a people is ‘lacking’. When the people becomes a society of creators, the result is a society open to the future, creativity and the new. Their openness and creative freedom is the polar opposite of the conformism and ‘herd mentality’ condemned by Deleuze and Nietzsche, a mentality which is the basis of all narrow nationalisms (of ethnicity, race, religion and creed). It is the freedom of creating and commanding, not the Kantian freedom to obey Reason and the State. This paper uses Bergson's The Two Sources of Morality and Religion, and Deleuze and Guattari's Kafka: For a Minor Literature, A Thousand Plateaus and What is Philosophy? to sketch Deleuze and Guattari's conception of the open society and of a democracy that remains ‘to come’.

Three Years Later: Report on the State of Well-Being of Patients with Chronic Tinnitus Who Underwent Modified Tinnitus Retraining Therapy

2014 ◽  
Vol 20 (1) ◽  
pp. 26-38 ◽  
Author(s):  
Claudia Seydel ◽  
Heidemarie Haupt ◽  
Agnieszka J. Szczepek ◽  
Anne Hartmann ◽  
Matthias Rose ◽  
...  
Keyword(s):  
Management Strategies ◽  
Well Being ◽  
The State ◽  
Chronic Tinnitus ◽  
Tinnitus Retraining Therapy ◽  
Psychometric Instruments ◽  
Important Health ◽  
Retraining Therapy ◽  
Treatment Onset ◽  
A Minor

Successful management of patients with chronic tinnitus is an important health issue. One of the tinnitus management strategies used at our Tinnitus Center is a combination of tinnitus retraining therapy (TRT) with physiotherapy and psychological management [called modified TRT (MTRT)]. We have used this type of management for over a decade and have described the protocol in detail elsewhere. In the present study, we wanted to determine the effect of MTRT on the well-being of tinnitus patients 3 years after treatment onset. One hundred and thirty patients with chronic tinnitus were assessed using psychometric instruments immediately before 7-day MTRT, immediately after the therapy and 3 years later. Patients with very severe tinnitus-related distress associated with major depression and a risk of suicide were excluded from this study. MTRT resulted in a sustained reduction of tinnitus-related distress. Moreover, the quality of life of patients had increased, as assessed by a separate questionnaire. The effect of MTRT was influenced by the degree of tinnitus-related distress and by the patients' age, the latter being gender dependent. Hearing loss and tinnitus duration had only a minor influence on the therapeutic effect. Taken together, we report a positive change in the state of well-being of patients with chronic tinnitus measurable with various psychometric instruments 3 years after the onset of MTRT. i 2014 S. Karger AG, Basel

Contestația privind tergiversarea procesului. Aspecte teoretice şi practice

2021 ◽  
Vol 2021 (2021) ◽  
pp. 259-287
Author(s):  
Tudor BURLACU ◽  
Keyword(s):  
Civil Procedure ◽  
The State ◽  
Legal Institution ◽  
Civil Trials ◽  
Effective Remedy

"This article examines the legal institution of the challenge against the delaying of proceedings, having as premise the raison d’être of this institution. The Romanian legislator took a first step towards conducting proceedings if not within an optimal and foreseeable period, at least within a reasonable one, by amending the Code of Civil Procedure to introduce the institution of the challenge meant to expedite the conducting of civil trials. Throughout this article we will look at how the challenge against the delaying of proceedings has been regulated, but in particular at the problems that have arisen in practice. Finally, several proposals de lege ferenda are put forward, which should be implemented by the legislator in order for this legal institution to achieve the purpose for which it has been adopted, followed by a few conclusions reflecting the state of play of this institution, but especially answering the question of whether the challenge against the delaying of proceedings is an effective remedy, within the meaning of art. 13 of the Convention, against the excessive duration of proceedings."

scholarly journals ṢULḤ (MEDIATION) IN THE STATE OF SELANGOR: AN ANALYSIS OF LEGAL PROVISION AND ITS APPLICATION

2012 ◽  
Vol 18 (2) ◽  
Author(s):  
Sa’odah Binti Ahmad ◽  
Nora Binti Abdul Hak
Keyword(s):  
Family Law ◽  
Civil Procedure ◽  
The State ◽  
Legal Provision ◽  
Legal Provisions ◽  
Islamic Family Law

The first part of the paper seeks to examine the relevant legal provisions of ṣulḥ in the State of Selangor Darul Ehsan. Thus, the provisions of ṣulḥ as provided for under the Islamic Family Law Enactment 2003 will be discussed and analysed. Other provisions under the Administration of Islamic Religious Enactment 2003, the Syariah Court Civil Procedure Enactment 2003 and the Civil procedure (ṣulḥ) Rules 2001 will also be examined to study the procedures and guidelines in conducting Majlis ṣulḥ. The qualification of ṣulḥ officer will be briefly discussed in the last part of the paper. The paper concludes by commending the initiative that has been taken by the Department of Syariah Judiciary of Selangor in introducing ṣulḥ which has been proven to be very effective in reducing excess cases in the State Syariah Courts.

scholarly journals Non-Delimitation of Incompetency Denotations in Jurisprudence and Law and the Contradiction of some of its Titles to the Law on Non-Litigious Matters

2019 ◽  
Author(s):  
Sorush Niknamian
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Civil Procedure ◽  
Legal Capacity ◽  
The Law ◽  
The Individual ◽  
The Mind

“Incompetency” literally means prohibition and it is commonly used to point to an individual being deprived of his rights to take possession of his properties and his financial rights by the law. And, in other words, the incompetents are the individuals that do not possess “the legal capacity to enjoy a certain right” and are deprived from taking possession of their properties and if such a taking possession of the properties by an incompetent occurs, it is invalid and cannot take effect. In the legal system of Islam, the individual with a sort of a disease that features certain types of conditions leading to the weakness of the mind or insanity is called an incompetent. But the example cases of the incompetent and incompetency have not been delimited in the jurisprudence and law. Thus, the investigation of the instruments of incompetency from the perspective of the jurisprudential texts and the statutory provisions via offering an assumption indicating the non-delimitation of the incompetency instruments scope has resulted in conflicts in the non-litigious affairs law with the civil procedure, the necessity to rethink the causes of insanity as one instrument of incompetency in the civil law, the centrality of the incompetency for its setting the ground for the exertion of the law and the non-litigious affairs regulations as well as the incompetency of some patients with nervous diseases like hysterical conversion and dissociative hysteria and so forth. Therefore, conceptualizing the incompetency, the present study aims at assessing, then criticizing and investigating, the proofs offered by the proponents and the opponents of the incompetency of the patients with hysteria so as to consequently conclude an assumption regarding the hysteric patients’ incompetency and the relevant contradictions, if any, with the non-litigious matters law and civil procedure.

Parents and Children: Rights and Duties

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Legal Status ◽  
State Intervention ◽  
Third Parties ◽  
The State ◽  
Parental Authority ◽  
Financial Independence ◽  
Parents And Children ◽  
American Law ◽  
Children Rights

This chapter looks at the rights and obligations of those who have earned (or been saddled with) the legal status of “parent.” It examines state intervention in troubled families and challenges to parental authority by third parties (grandparents seeking visitation rights, for example). The chapter also looks at children's procedural and expressive rights against the state, and the rights against their parents related to financial independence, sex, marriage, and reproduction. It shows that American law has empowered children—at least to a degree—and has defined not only their rights, but also what society and their parents owe them, though enforcing these rights can be somewhat difficult regardless.

From Migrants to Masters of the Middle East

2020 ◽  
pp. 27-64
Author(s):  
Nikolaus Leo Overtoom
Keyword(s):  
Middle East ◽  
Cultural Factors ◽  
The State ◽  
International Environment ◽  
A Minor ◽  
Power And Influence

This chapter considers the reasons for the success of the Parthians in their rise from a minor nomadic group to a dominant imperial force. It analyzes the most important cultural factors of the early Parthian state, namely the versatility of Parthian society, the innovations of the Parthian military, and the early Arsacids’ ability to manage and exploit these qualities to the benefit of the state through their capable leadership and dynastic stability. These important qualities of the Parthian state established the exceptional advantages the Parthians needed to create, maintain, and expand their power and influence within the hotly contested and dangerously competitive international environment of the Hellenistic Middle East.

scholarly journals An Analysis of Smart Contracts Security Threats Alongside Existing Solutions

Entropy ◽  
2020 ◽  
Vol 22 (2) ◽  
pp. 203
Author(s):  
Antonio López Vivar ◽  
Alberto Turégano Castedo ◽  
Ana Lucila Sandoval Orozco ◽  
Luis Javier García Villalba
Keyword(s):  
Economic Impact ◽  
State Of The Art ◽  
Public Domain ◽  
Third Parties ◽  
The State ◽  
Security Threats ◽  
Smart Contracts ◽  
Holistic View ◽  
Security Challenges ◽  
Very High

Smart contracts have gained a lot of popularity in recent times as they are a very powerful tool for the development of decentralised and automatic applications in many fields without the need for intermediaries or trusted third parties. However, due to the decentralised nature of the blockchain on which they are based, a series of challenges have emerged related to vulnerabilities in their programming that, given their particularities, could have (and have already had) a very high economic impact. This article provides a holistic view of security challenges associated with smart contracts, as well as the state of the art of available public domain tools.

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