scholarly journals Entity Misdemeanor Laws // Entitetski prekršajni zakoni

Author(s):  
Ljubinko Mitrović

The Law on Misdemeanors of the Republika Srpska was published in the Official Gazette of Republika Srpska, No. 63/2014. In the meantime, this law was amended in 2016 and 2017 (Official Gazette of the Republika Srpska, No. 110/2016 and 100/2017). On the other hand, the Law on Misdemeanors of the Federation of Bosnia and Herzegovina was published in the Official Gazette of the Federation of Bosnia and Herzegovina, No. 63/2014.The new misdemeanor laws have brought important novelties that will be the subject of this document. This applies in particular to the systems of misdemeanor sanctions envisaged by the aforementioned laws, and in particular, it is necessary to emphasize the prescription of imprisonment in the Law on Misdemeanors of Republika Srpska, while there is no Law on Misdemeanors of the Federation of Bosnia and Herzegovina, as well as deprivation of liberty for collecting fines is still in the Law on Misdemeanors of the Federation of Bosnia and Herzegovina, while, on the other hand, it has not been included in Law on Misdemeanors of the Republika Srpska since 2016.Considering the fact that these two, extremely important laws, are very different in terms of citizens, the question arises as to whether this degree of mismatch was really necessary and necessary?

1967 ◽  
Vol 25 (2) ◽  
pp. 239-250
Author(s):  
P. B. Fairest

The law concerning misrepresentations inducing contracts has been the subject of criticism for some years, and in 1959, the then Lord Chancellor, Viscount Kilmuir, referred the matter to the Law Reform Committee. Their Report, published in 1962, had a mixed reception. A learned commentator, writing in this journal, gave it a rather chilly welcome, on the ground that it went too far; on the other hand, Mr. Diamond, writing in the pages ofLaw Reform Now, complained that the Report did not go far enough, and suggested that the subtle distinction between a mere representation and a term of the contract should be abolished. In 1967 the Misrepresentation Act was passed, to give effect, with certain modifications, to such of the recommendations of the Law Reform Committee as had not yet been implemented.


Author(s):  
Anna Maria Barańska

The subject of this article is the resolution of the enlarged composition of the Supreme Court of June 5, 2018, which resolves the issue of acquiring by land easement with the content corresponding to transmission easement together with the acquisition by a state-owned company of transmission facilities developed on State Treasury properties. As a result of granting property rights to state-owned companies of state property in the early 1990s, the ownership of the transmission infrastructure and the property on which they were situated were separated.In the judicature, divergent concepts emerged regarding the solution of the issue of  further use of this land by transmission companies. According to the first one, the transfer of property rights was accompanied by the creation by law of a land easement with the content corresponding to a transmission easement. On the other hand, according to the second concept, obtaining a legal title for further use of the property was possible only through contractual acquisition or prescription of transmission easement. Powstanie z mocy prawa służebności gruntowej o treści odpowiadającej służebności przesyłu w świetle uchwały Sądu Najwyższego z dnia 5 czerwca 2018 roku, sygn. akt III CZP 50/17 Tematem artykułu jest uchwała powiększonego składu Sądu Najwyższego z dnia 5 czerwca 2018 roku, która rozstrzyga kwestię nabycia z mocy prawa służebności gruntowej o treści odpowiadającej służebności przesyłu wraz z nabyciem przez przedsiębiorstwo państwowe własności urządzeń przesyłowych posadowionych na nieruchomościach Skarbu Państwa. W wyniku uwłaszczenia mienia państwowego na początku lat dziewięćdziesiątych ubiegłego wieku doszło do rozdzielenia własności infrastruktury przesyłowej oraz nieruchomości, na której były one posadowione. W judykaturze pojawiły się rozbieżne koncepcje odnośnie do rozwiązania kwestii dalszego korzystania przez przedsiębiorstwa przesyłowe z tych gruntów. Zgodnie z pierwszą z nich przeniesieniu prawa własności towarzyszyło powstanie z mocy prawa służebności gruntowej o treści odpowiadającej służebności przesyłu. Na podstawie drugiej — uzyskanie tytułu prawnego do dalszego korzystania z nieruchomości było możliwe wyłącznie w drodze umownego nabycia albo zasiedzenia służebności przesyłu.


2019 ◽  
Author(s):  
Max Kleissler

The European Company (SE) is characterised by negotiable co-determination, which makes it attractive from the point of view of German companies in particular, despite incomplete legal regulations. However, the law assigns the negotiations on co-determination on the part of the companies exclusively to the so-called management bodies, although these are not only concerned with co-determination at an operational level, but also within the supervisory board. On the other hand, the law is extremely rudimentary on the participation of shareholders. It is precisely this shareholder participation that is the subject of the investigation, including its supplementation to a coherent system. Not only the formation procedure, but also the possibilities of participation are examined if there are renegotiations on the previously negotiated co-determination regime. Finally, the work deals with proposals to improve shareholder participation de lege ferenda.


Author(s):  
Nimer Sultany

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.


1942 ◽  
Vol 1 (3) ◽  
pp. 19-32
Author(s):  
H. Barnett

Much has been written of William Duncan, "the Apostle of Alaska", who came to the coast of northern British Columbia in 1857 as a missionary to the Tsimshian Indians. Although he deplored it, in the course of his sixty years' residence in this area controversy raged around him as a result of his clashes with church and state, and his work has been the subject of numerous investigations, both public and private. His enemies have called him a tyrant and a ruthless exploiter of the Indians under his control; and there are men still living who find a disproportionate amount of evil in the good that he did, especially during the declining years of his long life. On the other hand, he has had ardent and articulate supporters who have written numerous articles and no less than three books in praise of his self-sacrificing ideals and the soundness of his program for civilizing the Indian.


1922 ◽  
Vol 26 (140) ◽  
pp. 325-330
Author(s):  
S. Heckstall Smith

If the thought of another war troubles you, then don't read this article. If you would rather say to yourself as the Secretary of State said to the Air Conference, “ There won't be another war for ten years, so why worry? ” then no doubt you will think with him that it is better to let other nations have alk the bother and expense of trying to advance; after all, we are jolly fine fellows and can soon pick up. If, on the other hand, you have imagination which gives you a nasty queasy sensation when you think of what might be, then perhaps the following notes, albeit disjointed and mostly stale, may at least conjure up in you thoughts of your own on the subject. This is all that is needed to help, our advancement in the air–the stimulation of spoken and written thoughts by the British nation, for if every taxpayer in the British Empire says “ Air Force,” then the Press and Parliament will say it too.


1880 ◽  
Vol 1 ◽  
pp. 202-209
Author(s):  
Cecil Smith

The vase which forms the subject of this memoir has been thought worthy of publication, both because it belongs to a type of which we have as yet but few examples, and also on account of the peculiar interest attaching to the design painted upon it. Its probable age can only be a matter of conjecture, as some of the vases of the class to which it belongs have been considered by archaeologists to be late imitations of the archaic, while on the other hand the internal evidence of the painting would seem to assign it to a place among the earliest class of Greek vases. It is figured on Plate VII.It is a circular dish with two handles, 3 inches high by 11¾ inches diameter, composed of a soft reddish clay of a yielding surface; the painting is laid on in a reddish brown, in some parts so thinly as to be transparent, and in other parts has rubbed away with the surface, so that it has acquired that patchy appearance generally characteristic of vase pictures of this type. The drawing, though crude and in parts almost grotesque, is executed with great spirit and freedom of style,—and thus could hardly have been the work of a late provincial artist—while in the shape of the column and of the wheel of the cart, in the prominent nose and chin which admit of no distinction between bearded and beardless faces, and in the angular contour of the human figures, we recognise features peculiar to an archaic period of art.


Author(s):  
Niek Van Wettere

Abstract This paper examines the productivity of the subject complement slot in a set of French and Dutch (semi-)copular micro-constructions. The presumed counterpart of productivity, conventionalization in the form of high token frequency, will also be taken into account in the analysis of the productivity complex. On the one hand, it will be shown that prototypical copulas generally have a higher productivity than semi-copulas, although there are some semi-copulas that can rival the productivity of prototypical copulas. On the other hand, it will be demonstrated that high token frequency is in general detrimental to productivity, on the level of the entire subject complement slot and on the level of the different semantic classes. However, the shape of the frequency distribution also seems to play a role: multiple highly frequent types are in my data more detrimental to productivity than one extremely frequent type, although the semantic connectedness of the types in the distribution might also be an explanatory factor.


Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.


De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.


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