scholarly journals Prêts commerciaux à taux préférentiel

2005 ◽  
Vol 28 (4) ◽  
pp. 963-997
Author(s):  
Louis Payette
Keyword(s):  
Civil Procedure ◽  
Civil Code ◽  
Base Rate ◽  
Variable Rate ◽  
Contractual Arrangement ◽  
Judicial Decisions ◽  
Frequent Use ◽  
Prime Rate ◽  
Lending Institutions ◽  
The Impact

References to the "Prime Rate" or to the "Base Rate" of lending institutions are of frequent use in commercial loan agreements relating to the interest payable by the borrower. The concept of "Prime Rate" as a valid contractual arrangement has been challenged on the grounds of vagueness or on the basis that discretionary rights were given to one party, the lender ; the scope of its meaning as well as the extent of the duties of a lender lending at prime rate has been reviewed by various judicial decisions. The author reviews such decisions, Canadian, American, and French, and measures the impact of various requirements of the Civil Code, the Interest Act, the Bills of Exchange Act, the Code of Civil Procedure on agreements whereby the variable rate of interest payable by the borrower is related to "Prime Rate".

The Africanisation Of South African Civil Procedure: The Way Forward

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Fawzia Cassim ◽  
Nomulelo Queen Mabeka
Keyword(s):  
Common Law ◽  
Civil Procedure ◽  
African Culture ◽  
Legal Proceedings ◽  
Seventeenth Amendment ◽  
Procedural Law ◽  
Lower Courts ◽  
The Law ◽  
Court Proceedings ◽  
The Impact

Civil procedure enforces the rules and provisions of civil law.  The law of civil procedure involves the issuing, service and filing of documents to initiate court proceedings in the superior courts and lower courts. Indeed, notice of legal proceedings is given to every person to ensure compliance with the audi alteram partem maxim (“hear the other side”). There are various rules and legislation that regulate these court proceedings such as inter alia, the Superior Courts Act, 2013, Uniform Rules of Court, Constitution Seventeenth Amendment Act, 2012 and the Magistrates’ Courts Act of 1944. The rules of court are binding on a court by virtue of their nature.  The purpose of these rules is to facilitate inexpensive and efficient legislation. However, civil procedure does not only depend on statutory provisions and the rules of court.  Common law also plays a role. Superior Courts are said to exercise inherent jurisdiction in that its jurisdiction is derived from common law.  It is noteworthy that whilst our rules of court and statutes are largely based on the English law, Roman-Dutch law also has an impact on our procedural law. The question thus arises, how can our law of civil procedure transform to accommodate elements of Africanisation as we are part and parcel of the African continent/diaspora? In this regard, the article examines the origins of Western-based civil procedure, our formal court systems, the impact of the Constitution on traditional civil procedure, the use of dispute resolution mechanisms in Western legal systems and African culture, an overview of the Traditional Courts Bill of 2012 and the advent of the Traditional Courts Bill of 2017. The article also examines how the contentious Traditional Courts Bills of 2012 and 2017 will transform or complement the law of civil procedure and apply in practice once it is passed into law.

Scurte considerații asupra condițiilor speciale de valabilitate și asupra efectelor testamentelor privilegiate

2020 ◽  
Vol 2020 (2020) ◽  
pp. 266-291
Author(s):  
George-Alexandru STAN ◽  
Keyword(s):  
Civil Procedure ◽  
Civil Code ◽  
Legal Regime ◽  
The Public ◽  
Probative Value ◽  
The One

"This paper is focused on establishing the legal regime of privileged wills. First of all, we will analyse the probative value of this type of will and we shall demonstrate that it is justified to assign it the probative value specific to authentic deeds. Second of all, given that we are in the presence of an authentic deed, we shall extract all the specific requirements in regard to the simplified authentication procedure starting from the provisions of the Romanian Civil Code. These should be complemented by the general regulations in the field of authentic deeds as regulated by the Romanian Code of Civil Procedure, as well as with those compatible provisions regarding the authentication procedure applied by the public notary when authenticating wills. Subsequently, we will focus on the constrains regarding the incompatibility of the agent which manages the procedure and the requirements that must be met by the witnesses involved in the proceedings. Finally, we will undertake an analysis on the substantive conditions that privileged wills must meet and we will present the reasons why we agree with the opinion that supports the ability of the disposer to create a privileged will even if he could draw up a holographic will. Given the opportunity, we will also specify for how long the effects of a privileged will last in so far author could have also draw up a holographic will. Thus, we will demonstrate that the limited term whose fulfilment attracts expiration of the privileged will shall not start unless two cumulative conditions are met: the deceased is able to draw up a holographic will and the circumstance which allow him to draw up a privileged will have ceased to exist. On the contrary, it will be proven that the one who can address a public notary in order to create a will shall not be allowed to also create a valid privileged will."

scholarly journals Evidence and Attestation Conflicts with Other Cases to Prove Litigation in Iran

2016 ◽  
Vol 9 (2) ◽  
pp. 187
Author(s):  
Nazar Ali Payrvandi ◽  
AzizAllah Fahimi
Keyword(s):  
Civil Procedure ◽  
Civil Code

Conflicts of cases to prove litigation is that between the two reasons that is presented to magistrate in legal disputes have had conflicts and these two reasons are not also retractable. Cases to prove litigation in civic law and Code of Civil Procedure has been described in detail in accordance with Article of 1258 of the Civil Code of cases to prove litigation include: Confession, written documents, attestation, dominion and oath. Evidence and attestation has been emerged as the most important cases to prove litigation and other cases to prove litigation conflicts between those two together and other cases to prove litigation will be responsible for important effects and results to votes and court verdicts. In this paper we investigate the Conflict of Evidence and attestation together and other cases of proving.

scholarly journals Open source smartphone apps and tools for measuring, quantifying, and visualizing screen time

2020 ◽  
Author(s):  
Kris Geyer ◽  
David Alexander Ellis ◽  
Heather Shaw ◽  
Brittany I Davidson
Keyword(s):  
Screen Time ◽  
New Technology ◽  
Self Report ◽  
Smartphone Apps ◽  
Use Of Self ◽  
Open Platform ◽  
Psychological Science ◽  
Frequent Use ◽  
Android App ◽  
The Impact

Psychological science has spent many years attempting to understand the impact of new technology on people and society. However, the frequent use of self-report methods to quantify patterns of usage struggle to capture subtle nuances of human-computer interaction. This has become particularly problematic for devices like smartphones that are used frequently and for a variety of purposes. While commercial apps can provide an element of objectivity, these are ‘closed’ and cannot be adapted to deliver a researcher-focused ‘open’ platform that allows for straightforward replication. Therefore, we have developed a freely available android app, which provides accurate, highly detailed, and customisable accounts of smartphone usage without compromising participants privacy. Further recommendations and code are provided in order to assist with data analysis.

scholarly journals Principles of Civil Procedure Law in the Conditions of Deritualization and Dematerialization of Justice

2020 ◽  
Vol 11 ◽  
pp. 3-6
Author(s):  
Vladimir V. Yarkov ◽  
Keyword(s):  
Civil Procedure ◽  
Judicial System ◽  
Administrative Proceedings ◽  
The Impact

The article analyzes the impact of key trends in the development of civil and administrative proceedings in recent years on certain principles of civil procedurу law. In the author’s opinion the Russian judicial system is undergoing a period of reform, similar in depth and content to the reforms of the 90s of the XX century. Therefore, attention is drawn to the need to rethink the content of a number of principles of civil procedure law.

scholarly journals Diálogo das fontes e soluções de antinomias na efetivação da partilha de quotas por ex-cônjuge ou ex-companheiro de sócio

2020 ◽  
pp. 96-123
Author(s):  
Lucas Salles Moreira Rocha ◽  
Tereza Cristina Monteiro Mafra
Keyword(s):  
Property Rights ◽  
Family Relationship ◽  
Limited Liability ◽  
Civil Procedure ◽  
Civil Code ◽  
Limited Liability Company ◽  
The Family ◽  
Teleological Interpretation

RESUMOO presente artigo objetiva examinar o direito patrimonial do ex-cônjuge ou ex-companheiro de sócio sobre quotas de sociedade limitada, nos casos de rompimento da relação familiar em que haja litígio quanto à divisão dos bens. A matéria atualmente gera controvérsias, pois o art. 600, parágrafo único, do Código de Processo Civil, e o art. 1.027 do Código Civil, que regulam os direitos do ex-cônjuge ou ex-companheiro de sócio nos casos de término da relação conjugal, aparentam conflitar entre si. Diante das controvérsias que permeiam o tema, buscar-se-á, pelo método exploratório, realizar interpretação sistemática e teleológica, para sugerir a aplicação da teoria do diálogo das fontes na compatibilização das normas aparentemente conflitantes.PALAVRAS-CHAVEDivórcio. Partilha de quotas. Diálogo das fontes. ABSTRACTThe purpose of this article is to examine the property rights of a member’s former spouse or partner towards the ownership interests of a limited liability company, in the event of a break in the family relationship, in which there is a dispute over de division of goods owned by the couple. The matter is currently controversial, since Articles 600, sole paragraph, of the Code of Civil Procedure, and Article 1,027 of the Civil Code, which regulate the rights of the former spouse or partner of partners in cases of termination of the conjugal relationship, appear to conflict with each other. Given the controversies that permeate this field, this paper will seek to perform systematic and teleological interpretation, though the exploratory method, in order to suggest the application of the theory of the dialogue of the sources in the compatibilization of the apparently conflicting rules.KEYWORDSDivorce. Division of ownership Interests. Dialogue of the sources.

scholarly journals Translating clinical trials into clinical practice: a survey assessing the potential impact of the Pediatric Heart Network Infant Single Ventricle Trial

2017 ◽  
Vol 27 (7) ◽  
pp. 1265-1270 ◽  
Author(s):  
Victor Zak ◽  
Daphne T. Hsu ◽  
Victoria L. Pemberton ◽  
Jami C. Levine ◽  
Andrew M. Atz ◽  
...  
Keyword(s):  
Clinical Practice ◽  
Angiotensin Converting Enzyme ◽  
Angiotensin Converting Enzyme Inhibitor ◽  
Single Ventricle ◽  
Enzyme Inhibitor ◽  
Converting Enzyme ◽  
Paired Data ◽  
Converting Enzyme Inhibitor ◽  
Frequent Use ◽  
The Impact

AbstractBackgroundA few studies have evaluated the impact of clinical trial results on practice in paediatric cardiology. The Infant Single Ventricle (ISV) Trial results published in 2010 did not support routine use of the angiotensin-converting enzyme inhibitor enalapril in infants with single-ventricle physiology. We sought to assess the influence of these findings on clinical practice.MethodsA web-based survey was distributed via e-mail to over 2000 paediatric cardiologists, intensivists, cardiothoracic surgeons, and cardiac advance practice nurses during three distribution periods. The results were analysed using McNemar’s test for paired data and Fisher’s exact test.ResultsThe response rate was 31.5% (69% cardiologists and 65% with >10 years of experience). Among respondents familiar with trial results, 74% reported current practice consistent with trial findings versus 48% before trial publication (p<0.001); 19% used angiotensin-converting enzyme inhibitor in this population “almost always” versus 36% in the past (p<0.001), and 72% reported a change in management or improved confidence in treatment decisions involving this therapy based on the trial results. Respondents familiar with trial results (78%) were marginally more likely to practise consistent with the trial results than those unfamiliar (74 versus 67%, p=0.16). Among all respondents, 28% reported less frequent use of angiotensin-converting enzyme inhibitor over the last 3 years.ConclusionsWithin 5 years of publication, the majority of respondents was familiar with the Infant Single Ventricle Trial results and reported less frequent use of angiotensin-converting enzyme inhibitor in single-ventricle infants; however, 28% reported not adjusting their clinical decisions based on the trial’s findings.

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