Les notions d'autorisation et de consentement dans le contrat médical

While the terms « authorization » and « consent » are commonly used in juridical language, their definition end precise meaning are not acknowledged by the Quebec legislator. In fact the two terms are often used interchangeably. Both the legislative history of the first paragraph of article 20 of the Civil Code, an article which provides protective measures for the discerning minor entering into a medical contract, and the reforms suggested by the Civil Code Revision Office, demonstrate this confusion as to the proper juridical terms and as to the role of the parental and judicial sanction. The author maintains that the term « consent » is not applicable to the juridical role of the parent of judge.

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A Novel Security Framework for Managing Android Permissions Using Blockchain Technology

Digital Currency ◽

10.4018/978-1-5225-6201-6.ch009 ◽

2018 ◽

pp. 141-167 ◽

Cited By ~ 2

Author(s):

Abdellah Ouaguid ◽

Noreddine Abghour ◽

Mohammed Ouzzif

Keyword(s):

Distributed System ◽

Processing Unit ◽

Central Processing ◽

Precise Meaning ◽

Blockchain Technology ◽

History Of ◽

Financial Transactions ◽

Transaction Value ◽

New Framework

This article presents a new framework named ANDROSCANREG (Android Permissions Scan Registry) that allows to extract and analyze the requested permissions in an Android application via a decentralized and distributed system. This framework is based on the emerging technology Blockchain whose potential is approved in the matter of transparency, reliability, security and availability without resorting to a central processing unit judged of trust. ANDROSCANREG consists of two Blockchains, the first one (PERMBC) will handle analysis, validation and preparation of the raw results so that they will persist in the second Blockchain of Bitcoin already existing (BTCBC), which will assume the role of a Registry of recovered permissions and will save the permissions history of each version of the applications being scanned via financial transactions, whose wallet source, recipient wallet and transaction value have a precise meaning. An example of a simulation will be presented to describe the different steps, actors, interactions and messages generated by the different entity of ANDROSCANREG.

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The Trafficking Victims Protection Act: Has the Legislation Fallen Short of its Goals?

Policy Perspectives ◽

10.4079/pp.v15i1.4152 ◽

2008 ◽

Vol 15 (1) ◽

pp. 33 ◽

Cited By ~ 1

Author(s):

MaryAnne McReynold

Keyword(s):

Law Enforcement ◽

The United States ◽

United States Government ◽

Policy Recommendations ◽

Legislative History ◽

Trafficking Victims Protection Act ◽

History Of ◽

The Government ◽

Trafficking Victims

This analysis examines the immigration status that the United States government affords to individuals who are willing to meet the requirements of the Victims of Trafficking and Violence Protection Act of 2000, commonly known as the Trafficking Victims Protection Act (TVPA). This article presents the legislative history of the TVPA with an emphasis on the factors that heighten the tension between the interests of trafficking victims and those of the government. Available immigration relief is not truly "relief" unless it is accessible to those who need it, that is, those for whom Congress designated this type of visa status. Likewise, legislation that designates an action as criminal is fruitless unless it provides for effective investigations and enforcement. As crucial as it is to punish and deter traffickers, the special nature of this crime necessitates that the victims, who are central to the role of law enforcement, receive ample protection. In conclusion, the author suggests seven policy recommendations to improve the government's ability to punish and deter human traffickers while protecting the victims of these crimes.

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Civil Law in Forced Unions. The Austrian Civil Code and its Significance for the Development of Civil Law in Central Europe

Krakowskie Studia z Historii Państwa i Prawa ◽

10.4467/20844131ks.20.021.12517 ◽

2020 ◽

Vol 13 (3) ◽

pp. 289-301

Author(s):

Kamila Staudigl-Ciechowicz

Keyword(s):

20Th Century ◽

Central Europe ◽

18Th Century ◽

Civil Law ◽

Civil Code ◽

The Political ◽

Political Systems ◽

History Of ◽

Polish Law

The current Austrian Civil Code goes back to 1811, after more than 200 years it still is in force in Austria –though with many amendments. Its origin and development is connected to the political history of the Austrian Empire, later the Dual Monarchy and its successor states in the 20th century. The paper analyses the significance of the Austrian Civil Code on the development of civil law in Central Europe on the verge of the collapse of the old empires and the emergence of the new political systems. Especially the question of the influence of the Austrian Civil Code on Polish law and inversely the influence of Polish lawyers on the development of the Austrian Civil Code is addressed. Due to the character of the inclusion of the Polish parts into the Austrian Empire in the 18th century the paper raises the question of the role of civil law in forced unions.

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Comparative origin of ‘Third-Party Protection Regulations’ in declaration of intention: Through the analysis of the legislative history of the Japanese and the Manchurian Civil Code

The Korean Association of Civil Law ◽

10.52554/kjcl.2021.94.81 ◽

2021 ◽

Vol 94 ◽

pp. 81-148

Author(s):

Heesok Seo

Keyword(s):

Civil Code ◽

Third Party ◽

Legislative History ◽

History Of

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Copyright, Exhaustion, and the Role of Libraries in the Ecosystem of Knowledge

10.31228/osf.io/dzmpc ◽

2017 ◽

Cited By ~ 1

Author(s):

Ariel Katz

Keyword(s):

Legislative History ◽

Institutions Of Higher Learning ◽

Distribution Right ◽

History Of ◽

Historical Fact ◽

First Sale ◽

The Law ◽

First Sale Doctrine ◽

Digital Exhaustion

In this Article, written for a symposium on the future of libraries in the digital age, I present and challenge two common views about the scope of the first-sale doctrine, or exhaustion: namely, that the doctrine applies only to the transfer of tangible copies of works but not to the transfer of digital files, and that copyright owners can circumvent exhaustion by characterizing transactions as “licenses” rather than “sales”, or by contracting out of it. The law on digital exhaustion is anything but settled. As codified, the “first sale” doctrine it may limit only the distribution right, but its statutory presence might merely affirm a broader principle of exhaustion—one of the several principles in copyright law that limit the copyright owner’s powers. The principle of exhaustion can apply, and at times has been applied, beyond the distribution right.Likewise, the notion that copyright owners can circumvention exhaustion by characterizing transactions as “licenses” rather than “sales”, or by using contracts to exercise downstream control is hardly a foregone conclusion. Established precedent and sound legal principle indicate that while the law recognizes some scope for contracting around exhaustion, courts will not necessarily uphold any private reordering of the respective legal entitlements of copyright owners and users.While these observations and conclusions apply to exhaustion generally, they apply most demonstrably in the case of libraries. Libraries occupy a privileged space in the copyright system. Historically, libraries predate copyright, and the institutional role of libraries and institutions of higher learning in the “promotion of science” and the “encouragement of learning” was acknowledged before legislators decided to grant authors exclusive rights in their writings. The historical precedence of libraries and the legal recognition of their public function cannot determine every contemporary copyright question, but this historical fact is not devoid of legal consequence. History is part of the legislative history of statutes, and it constitutes part of the context that informs the interpretation of current statutes.Therefore, if not false, then the view that the current legislation does not allow digital exhaustion is at least questionable.The Article was published in 13(1) I/S: A Journal of Law and Policy for the Information Society 81 (2016).

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Elaborating the role of reflection and individual differences in the study of folk-economic beliefs

Behavioral and Brain Sciences ◽

10.1017/s0140525x18000274 ◽

2018 ◽

Vol 41 ◽

Author(s):

Kevin Arceneaux

Keyword(s):

Decision Making ◽

Individual Differences ◽

Cognitive Processes ◽

Evolutionary History ◽

Behavioral Responses ◽

History Of ◽

Economic Beliefs

AbstractIntuitions guide decision-making, and looking to the evolutionary history of humans illuminates why some behavioral responses are more intuitive than others. Yet a place remains for cognitive processes to second-guess intuitive responses – that is, to be reflective – and individual differences abound in automatic, intuitive processing as well.

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The role of a family history of adenocarcinomas in patients with Barrett oesophagus

Gastroenterology ◽

10.1016/s0016-5085(01)82192-2 ◽

2001 ◽

Vol 120 (5) ◽

pp. A442-A442

Author(s):

P TSIBOURIS ◽

M HENDRICKSE ◽

P ISAACS

Keyword(s):

Family History ◽

History Of ◽

Barrett Oesophagus

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Protective Factors and Suicidality in Members of Arab Kindred

Crisis ◽

10.1027/0227-5910/a000116 ◽

2012 ◽

Vol 33 (2) ◽

pp. 80-86 ◽

Cited By ~ 6

Author(s):

Sami Hamdan ◽

Nadine Melhem ◽

Israel Orbach ◽

Ilana Farbstein ◽

Mohammad El-Haib ◽

...

Keyword(s):

Risk Factors ◽

Protective Factors ◽

Suicidal Behavior ◽

Composite International Diagnostic Interview ◽

Diagnostic Interview ◽

Suicidal Risk ◽

Arab Population ◽

Psychiatric Interview ◽

History Of

Background: Relatively little is known about the role of protective factors in an Arab population in the presence of suicidal risk factors. Aims: To examine the role of protective factors in a subsample of in large Arab Kindred participants in the presence of suicidal risk factors. Methods: We assessed protective and risk factors in a sample of 64 participants (16 suicidal and 48 nonsuicidal) between 15 and 55 years of age, using a comprehensive structured psychiatric interview, the Composite International Diagnostic Interview (CIDI), self-reported depression, anxiety, hopelessness, impulsivity, hostility, and suicidal behavior in first-degree and second-relatives. We also used the Religiosity Questionnaire and suicide attitude (SUIATT) and multidimensional perceived support scale. Results: Suicidal as opposed to nonsuicidal participants were more likely to have a lifetime history of major depressive disorder (MDD) (68.8% vs. 22.9% χ2 = 11.17, p = .001), an anxiety disorder (87.5% vs. 22.9, χ2 = 21.02, p < .001), or posttraumatic stress disorder (PTSD) (25% vs. 0.0%, Fisher’s, p = .003). Individuals who are otherwise at high risk for suicidality have a much lower risk when they experience higher perceived social support (3.31 ± 1.36 vs. 4.96 ± 1.40, t = 4.10, df = 62, p < .001), and they have the view that suicide is somehow unacceptable (1.83 ± .10 vs. 1.89 ± .07, t = 2.76, df = 60, p = .008). Conclusions: Taken together with other studies, these data suggest that the augmentation of protective factors could play a very important role in the prevention of incidental and recurrent suicidal behavior in Arab populations, where suicidal behavior in increasing rapidly.

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