scholarly journals L'abus de pouvoir des représentants légaux dans le droit familial du Québec

2005 ◽  
Vol 19 (1) ◽  
pp. 117-133
Author(s):  
Germain Brière
Keyword(s):  
Married Woman ◽  
Family Law ◽  
Third Parties ◽  
Legal Representative ◽  
Legal Representation ◽  
Abuse Of Power ◽  
The Third ◽  
Absence Of Power ◽  
The Relationship ◽  
Legal Mandate

In order to determine the nature of the abuse of power of the legal representatives in Quebec family law, one must identify the different cases of legal representation and study the powers of the different representatives. Tutorship is the mechanism for the protection of the non emancipated minor. As a rule, the tutor represents his pupil in civil acts; but in some cases he has no power to act, in other cases he must get the judge's authorization, while in a third category of cases he must comply with special formalities. Consequently, there can be absence of power, misappropriation of power, bad utilization of power or dereliction of duty. Curatorship is used for different kinds of interdicted persons. The powers and liabilities of the curator to an interdicted person are generally the same as those of the tutor. The legal mandate of the married woman is the power to represent her husband for the current needs of the household and the maintenance of the children. In this case, the abuse mainly takes the form of an excess of power. The effects of the abuse of power must primarily be considered in the relations between the represented person and his legal representative; we must ask ourselves if the legal representative is liable for damages, if his acts can be annulled and if there can be withdrawal from office. There are also effects to be considered in the relationship between the legal representative and the third persons, as well as in the relationship between the represented person and the third parties.

scholarly journals Gondolatok és javaslatok a román Polgári törvénykönyv magyar fordításához

2021 ◽  
Vol 4 (2) ◽  
pp. 41-64
Author(s):  
Tamás Nótári ◽  
Előd Pál
Keyword(s):  
Family Law ◽  
Civil Code ◽  
The Other ◽  
Legal Capacity ◽  
Legal Personality ◽  
The Third ◽  
The Law ◽  
Legal Fact ◽  
Personal Law ◽  
The Relationship

In this paper, we wish to make a few comments on the third edition of the hungarian translation of the Romanian Civil Code, without claiming to be exhaustive. Our translation suggestions concern certain provisions of personal (and family) law, law of property and law of obligations. We will expand on the concepts of legal personality, legal capacity and capacity to act in the personal law section, the concepts of property and assets in the law of property section, and the relationship between the concepts of legal fact and deed in the law of obligations section, and then make translation and correction suggestions for all the other articles in the books mentioned.

Domestic uncertainty, third-party resolve, and international conflict

2018 ◽  
Vol 55 (4) ◽  
pp. 445-459 ◽  
Author(s):  
Matthew DiLorenzo ◽  
Bryan Rooney
Keyword(s):  
Political Institutions ◽  
International Conflict ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Interstate Disputes ◽  
Democratic State ◽  
The Third Party ◽  
The Relationship ◽  
Militarized Interstate Disputes

Uncertainty about resolve is a well-established rationalist explanation for war. In addition to estimating the resolve of immediate rivals, leaders choose their actions in a crisis based on expectations about how third parties will respond. We argue that leaders will become more likely to develop inconsistent estimates of rivals’ relative capabilities and resolve – and thus will become more likely to fight – when domestic political changes occur in states that are allied with an opponent. We also consider how the relationship between conflict in rivalries and third-party domestic change depends on domestic political institutions in the third party. We argue that this effect should only hold when a challenger does not also share an alliance with the third party, and that the effect should be strongest when the third party is a non-democratic state. We test our theory using a dataset of changes in leaders’ domestic supporting coalitions and data on militarized interstate disputes from 1920 to 2001. Consistent with our hypotheses, we find that the likelihood of conflict increases in rivalries only when domestic coalition changes occur in states that share an alliance with only one member of a rivalry, and that this effect is strongest and most consistent for non-democratic third parties.

scholarly journals Pengaruh Pendapatan Usaha, Beban Usaha, dan Bagi Hasil Pihak Ketiga terhadap Laba Usaha pada Pt. Bank Syariah Mandiri

2018 ◽  
Vol 1 (1) ◽  
pp. 34-49
Author(s):  
Laely Purnamasari
Keyword(s):  
Strong Relationship ◽  
Profit Sharing ◽  
Third Parties ◽  
Third Party ◽  
Operating Expense ◽  
Operating Income ◽  
The Third ◽  
Relationship Of ◽  
The Relationship ◽  
Operating Revenue

The development of operating revenue in Syariah Mandiri Bank is quiet excellent along with the increasing awareness of Muslims in using Islamic banking services. However, the development of this revenue is not accompanied by proportional increase in net operating income. This article focuses on the discussion of the relationship of operating revenue, operating expense and profit sharing of third parties and their effects on net operating income at Syariah Mandiri Bank. The purposes of this research are to describe and analyze the relationship of operating revenue, operating expense and profit sharing of third parties and their effects on net operating income both partially and simultaneously. The research method used descriptive and verification. The results showed that the operating revenue and the operating expenses had a strong relationship with the third party profit sharing. For the results of the third parties, the operating revenue and the operating expenses partially were not proven to significantly affect the net operating income but the operating revenue and the operating expenses were proven to affect the net operating income significantly. From this research, it was also known that the operating revenue component that most influenced net operating income was the mudharabah income and the operating expenses that most influenced net operating income was the loss expense for the elimination of productive assets.Perkembangan pendapatan usaha pada Bank Syariah Mandiri sangat baik seiring dengan semakin tingginya kesadaran umat islam dalam menggunakan layanan perbankan syariah. Namun perkembangan pendapatan ini ternyata tidak disertai dengan kenaikan laba usaha secara proporsional. Artikel ini akan memfokuskan pada pembahasan mengenai hubungan pendapatan usaha, beban usaha dan bagi hasil pihak ketiga serta pengaruhnya terhadap laba usaha pada Bank Syariah Mandiri. Adapun tujuan penelitian ini adalah mendeskripsikan dan menganalisis hubungan pendapatan usaha, beban usaha dan bagi hasil pihak ketiga serta pengaruhnya terhadap laba usaha baik secara parsial maupun simultan. Metode penelitian yang digunakan adalah deskriptif dan verifikatif. Dalam penelitian ini akan menguji hubungan  pendapatan usaha, beban usaha dan bagi hasil pihak ketiga, serta pengaruhnya terhadap laba usaha. Berdasarkan hasil penelitian dan pembahasan, dapat ditemukan bahwa pendapatan usaha dan beban usaha memiliki hubungan yang kuat dengan bagi hasil pihak ketiga. Bagi hasil pihak ketiga, pendapatan usaha dan beban usaha secara parsial tidak terbukti mempengaruhi laba usaha secara signifikan namun pendapatan usaha dan beban usaha secara simultan terbukti mempengaruhi laba usaha secara signifikan. Dari penelitian ini juga diketahui komponen pendapatan usaha yang paling mempengaruhi laba usaha adalah pendapatan mudharabah dan beban usaha yang paling mempengaruhi laba usaha adalah beban kerugian penghapusan aset produktif.

'Damned if You Do, and Damned if You Don't': Nordic Involvement and Images of Third-Party Neutrality in Sri Lanka

2008 ◽  
Vol 13 (3) ◽  
pp. 341-364 ◽  
Author(s):  
Isak Svensson ◽  
Kristine Höglund
Keyword(s):  
Sri Lanka ◽  
Peace Process ◽  
Third Parties ◽  
Armed Conflicts ◽  
The Other ◽  
Third Party ◽  
Sri Lankan ◽  
The Third ◽  
And Behavior ◽  
The Relationship

AbstractThird-party actors who mediate or monitor peace often strive to uphold an image of neutrality. Yet, they commonly face accusations of partiality. The Nordic engagement in the Sri Lankan peace process is an illustration of this puzzle: despite the efforts to uphold an image of being neutral mediators and monitors, they have been seen as favoring one side or the other. This article suggests that part of the explanation for their failure to be seen as neutral lies in the fact that armed conflicts are characterized by certain asymmetries between the main antagonists – in capabilities, status and behavior. These imbalances pose particular challenges to the third party aspiring to act in a neutral manner. We suggest that third parties have two strategies available to deal with imbalances in the relationship between the contenders: 1) they can choose to disregard the asymmetrical relationship and act in an even-handed manner or 2) they can seek to counterbalance the lopsidedness. This article explores the dynamics of these strategies by analyzing the Nordic involvement in Sri Lanka's peace process that began in 2002.

Ragam Bangunan Perundang-Undangan Hukum Keluarga di Negera-Negara Muslim Modern: Kajian Tipologis

2018 ◽  
Vol 11 (1) ◽  
pp. 49-60
Author(s):  
Miftahul Huda
Keyword(s):  
Saudi Arabia ◽  
United Arab Emirates ◽  
Islamic Law ◽  
Family Law ◽  
Marriage Law ◽  
The Third ◽  
Muslim Countries ◽  
Fourth Type ◽  
Modern Family ◽  
The Difference

The reality of the difference in applying Islamic law in the context of marriage law legislation in modern Muslim countries is undeniable. Tunisia and Turkey, for example, have practiced Islamic law of liberal nuance. Unlike the case with Saudi Arabia and the United Arab Emirates that still use the application of Islamic law as it is in their fiqh books. In between these two currents many countries are trying to apply the law in their own countries by trying to bridge the urgent new needs and local wisdom. This is widely embraced by modern Muslim countries in general. This paper reviews typologically the heterogeneousness of family law legislation of modern Muslim countries while responding to modernization issues. Typical buildings seen from modern family law reforms can be classified into four types. The first type is progressive, pluralistic and extradoctrinal reform, such as in Turkey and Tunisia. The second type is adaptive, unified and intradoctrinal reform, as in Indonesia, Malaysia, Morocco, Algeria and Pakistan. The third type is adaptive, unified and intradoctrinal reform, represented by Iraq. While the fourth type is progressive, unifiied and extradoctrinal reform, which can be represented by Somalia and Algeria.

Retroaktive Neuverhandlung

2018 ◽  
Vol 63 (1) ◽  
Author(s):  
Daniel Martin Feige
Keyword(s):  
Original Work ◽  
The Other ◽  
Final Part ◽  
Critical Reading ◽  
The Third ◽  
Works Of Art ◽  
The Relationship

Der Beitrag widmet sich der Frage historischer Folgeverhältnisse in der Kunst. Gegenüber dem Gedanken, dass es ein ursprüngliches Werk in der Reihe von Werken gibt, das späteren Werken seinen Sinn gibt, schlägt der Text vor, das Verhältnis umgekehrt zu denken: Im Lichte späterer Werke wird der Sinn früherer Werke neu ausgehandelt. Dazu geht der Text in drei Schritten vor. Im ersten Teil formuliert er unter der Überschrift ›Form‹ in kritischer Abgrenzung zu Danto und Eco mit Adorno den Gedanken, dass Kunstwerke eigensinnig konstituierte Gegenstände sind. Die im Gedanken der Neuverhandlung früherer Werke im Lichte späterer Werke vorausgesetzte Unbestimmtheit des Sinns von Kunstwerken wird im zweiten Teil unter dem Schlagwort ›Zeitlichkeit‹ anhand des Paradigmas der Improvisation erörtert. Der dritte und letzte Teil wendet diese improvisatorische Logik unter dem Label ›Neuaushandlung‹ dann dezidiert auf das Verhältnis von Vorbild und Nachbild an. The article proposes a new understanding of historical succession in the realm of art. In contrast to the idea that there is an original work in the series of works that gives meaning to the works that come later, the text proposes to think it exactly the other way round: in the light of later works, the meanings of earlier works are renegotiated. The text proceeds in three steps to develop this idea. Under the heading ›Form‹ it develops in the first part a critical reading of Danto’s and Eco’s notion of the constitution of the artworks and argues with Adorno that each powerful work develops its own language. In the second part, the vagueness of the meaning of works of art presupposed in the idea of renegotiating earlier works in the light of later works is discussed under the term ›Temporality‹ in terms of the logic of improvisation. The third and final part uses this improvisational logic under the label ›Renegotiation‹ to understand the relationship between model and afterimage in the realm of art.

RECREATION SPECIALIZATION FOR RUNNERS AND EVENT ATTACHMENT

2020 ◽  
Author(s):  
Isao Okayasu ◽  
Chi-Ok Oh ◽  
Duarte B Morais
Keyword(s):  
Practical Implication ◽  
Event Management ◽  
Attitudes And Behaviors ◽  
The Third ◽  
Study Results ◽  
The World ◽  
Recreation Specialization ◽  
And Behaviors ◽  
The Relationship ◽  
Predictive Relationship

Running is one of the most popular activities in the world. Runners’ attitudes and behaviors vary depending on their running style. This study aims to construct different measures of running specialization based on the theory of specialization. This study also tests a runner’s stage of specialization segmentation based on recreation specialization and examines the predictive relationship between a runner’s specialization and event attachment. Three groups of sampling data assess the performance of diverse specialization measures for running in three marathon events. First, two surveys were conducted with marathon participants to assess the performance of diverse specialization measures for runners. Second, the third dataset was used to examine the relationship between a runner’s recreation specialization and event attachment.The study results showed that the 15 measures of specialization showed a good fit to the data. Our research showed how runners’ recreation specialization is connected to their event attachment. In addition, this study suggested event management for subdivisions of runners. Its practical implication is that recreation specialization for running can help us understand event attachment.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

Contracts for the Benefit of Third Parties Under the Taiwan Civil Code

2018 ◽  
Author(s):  
Sheng-Lin JAN
Keyword(s):  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Legal Relationship ◽  
The Third Party ◽  
Privity Of Contract

This chapter discusses the position of third party beneficiaries in Taiwan law where the principle of privity of contract is well established. Article 269 of the Taiwan Civil Code confers a right on the third party to sue for performance as long as the parties have at least impliedly agreed. This should be distinguished from a ‘spurious contract’ for the benefit of third parties where there is no agreement to permit the third party to claim. Both the aggrieved party and the third party beneficiary can sue on the contract, but only for its own loss. The debtor can only set off on a counterclaim arising from its legal relationship with the third party. Where the third party coerces the debtor into the contract, the contract can be avoided, but where the third party induces the debtor to contract with the creditor by misrepresentation, the debtor can only avoid the contract if the creditor knows or ought to have known of the misrepresentation.

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