LEGAL CERTAINTY OF THE DEED OF AGREEMENT MADE BY A NOTARY BASED ON THE POWER TO SELL (CASE STUDY CASE NUMBER: 41/PDT.G/2016/PN.PA)

Default is an omission or negligence, breaking a promise, or violating what has been agreed. One example of an engagement default is case number: 41/Pdt.G/2016/PN.PA. This case began with an agreement between Indoria Hi. The Mpasu brothers were represented by Alfian Chaniago as the authority holder with Lang Hartoyo and Rizal Tjahyadi through a letter of the agreement made by notary XX. Indoria Hi. The Mpasu brothers were unwilling to fulfill the agreement's contents and decided to cancel the agreement unilaterally because they felt they were never involved in the agreement. Based on the case above, a further question arises about how to guarantee legal certainty for authentic deeds and the consequences of the legal deed of agreement that does not follow the procedure. This study is normative legal research, which examines aspects of written law. The approach to the problem in this study is normative juridical, that is, it is based on applicable laws and regulations. In conclusion, the binding deed of the agreement made before a notary does not always go as expected. An authentic deed that does not meet formal requirements is considered imperfect, so it does not have an element of legal certainty. The legal consequence of the deed of the agreement under the power of attorney to sell that is not following the procedure is that the agreement will be null and void.

OBLICI ZAVEŠTANjA U SRPSKOM PRAVU

The subject of this paper is to investigate the influence of the testamentary formalism on the realization of the testamentary freedom. In this context, the author of the paper explores whether the legal conditions for disposing of the property in case of death on the basis of a certain type of testament and the formal requirements for the validity of each of them are defined in Serbian law in such a way that they offer good basis for the realization of testamentary freedom. Having given brief description of the types of testaments in the history of Serbian law, the author continues to research this matter in contemporary Serbian law by classifying the types of testaments based on their principal characteristics. In the central part of the paper, the author aims to determine whether the existing forms of testaments secure the authenticity of the last will of the deceased and legal security and underlines strength and weaknesses of all nine forms of testaments in Serbian law. In concluding remarks, the author argues that the low number of wills as the basis of inheritance, as well as their frequent annulment by court as a result of failing to meet the formal requirements for their validity, point to the fact that there is a need for the reform in this field of law and proposes some de lege ferenda solutions.

The Universal Right to File Petitions as a Contemporary Challenge for Legal Studies

The universality of the right to petition, in terms of both the broad specification of its subject matter and the group of entities entitled to petition, as well as the specification of the accessible formal requirements for filing petitions, is a challenge at the level of both lawmaking and applying the law. The need arises not only to ensure that an extensive group of entities has the opportunity to file a petition, but also to provide a guarantee that the petition will be processed and considered properly. The subject matter of this article is the analysis of the Polish legal regulations on this, as well as a review of the established practices of filing petitions with the Sejm and the Senate, as well as their comparison with the solutions applied in other countries. The findings indicate that this is a tool of a civil society commonly used in the European Union Member States. It should also be noted that the Polish solutions, as well as the practice of their application, are seen to be particularly targeted at increasing social activity and enabling the use of the potential that is inherent in the citizens, groups of citizens and all forms in which they can interact with each other.

In-Flight Tests of Intruder Detection Vision System

In the near future, the integration of manned and unmanned aerial vehicles into the common airspace will proceed. The changes taking place mean that the safety of light aircraft, ultralight aircraft and unmanned air vehicles (UAV) will become an increasing problem. The IDAAS project (Intruder Detection And collision Avoidance System) meets the new challenges as it aims to produce technically advanced detection and collision avoidance systems for light and unmanned aerial vehicles. The work discusses selected elements of research and practical tests of the intruder detection vision system, which is part the of IDAAS project. At the outset, the current formal requirements related to the necessity of installing anticollision systems on aircraft are presented. The concept of the IDAAS system and the structure of algorithms related to image processing are also discussed. The main part of the work presents the methodology developed for the needs of dedicated flight tests, its implementation and the results obtained. The initial tests of the IDAAS system carried out on an ultralight aircraft generally indicate the possibility of the effective detection of intruders in the airspace with the use of vision methods, although they also indicated the existence of conditions in which this detection may prove difficult or even impossible.

THE CONCEPT AND THE MAIN FEATURES OF ONLINE DISPUTE RESOLUTION

This article addresses the phenomenon of “Online Dispute Resolution” (ODR), which has recently become popular in both practice and the legal doctrine, and which presupposes the settlement of social conflicts with the assistance of advanced Internet technologies. It is noted that despite the existence of multiple institutions offering corresponding services (ODR providers), there is still no certainty as to the concept and the main features of ODR as a socially significant activity. The authors working in the given area express various opinions on the relationship between this institute and Alternative Dispute Resolution (ADR) or public justice, as well as the categories of cases that may be resolved in the online-mode. The present article is based on the previous experience of national and foreign researchers, offering its own definition of the ODR institute and establishing the necessity of its existence as an independent mechanism of private parties’ disputes resolution. In conclusion, the authors conclude that ODR will develop further. Already now there is a noticeable interest in it by individual states and the world community as a whole. All the necessary technologies for its practical implementation are already available. Only the legal regulation of this institute is lagging behind. The latter, despite the predominant private-legal and informal nature of ODR procedures, is extremely important, because the relevant activity cannot be carried out in a legal vacuum, without proper guarantees for the participants of a dispute and formal requirements for the procedure of conducting proceedings and its final decision.

ESTOPPEL IN THE CONTEXT OF RUSSIAN CIVIL PROCEDURE: ASPECTS OF THEORY AND PRACTICE

Substantive due process is commonly recognized as fundamental guarantee of a person’s access to justice. One of the main conditions guaranteeing observance of the due process is litigants’ comprehensive sets of procedural rights. Ways in which they can assert their rights should be exhaustively defined as well. The extent of thoroughness of regulation may be different but it may not be absent. In that respect estoppel as a legal principle, which lacks formal requirements in the law, is problematic. The sustainability of judgements which are reasoned by way of employing a broad undefined concept of estoppel is questioned. One of the biggest doubts discussed is the viability of an idea where promissory estoppel is used as a source of a general estoppel concept. It is argued that promissory estoppel being a specific English obligation law instrument cannot be used as a source of limiting procedural rights of litigants. As for estoppel by representation, it can be safely adopted because of its nature as a source of identifying principal issues of fact. It has nothing to do with establishing or banning any personal or procedural rights. But in order to safely implement this type of estoppel it has to be thoroughly considered as to how exactly this instrument of procedure will be married with the current court’s legal duties. It has to decide cases upon all and truly established issues of fact in question. The problem is not a trivial one as even in leading English legal texts it is recognized the contradiction between court’s inquisitorial duties and using of these types of estoppel.

SOLVING THE “PROBLEM” OF WILLS FORMALITIES IN THE MODERN POST-PANDEMIC SOCIETY: CAN THE ENDLESS DISCUSSION BE CONCLUDED?

The last will as an instrument of succession law is one of the means of disposing property upon death. Around the world particular legal regulations of American, Australian, European or other countries generally provide for different specific formal requirements for the valid preparation of will. The inappropriateness of this kind of solutions was shown, among others, during the COVID-19 pandemic, when the need for making last wills has increased significantly and has rarely been executed in a manner consistent with the formalities. Reflecting the intent of a testator, often expressed informally, seems to be a more important value of the law of succession than respecting the formalities. This has already been noticed in some countries, especially in common law jurisdictions in Australia and America, where solutions based on substantial compliance doctrine or its variations, contrary to the pan-European strict compliance standard, were adopted. These solutions, however, do not take into consideration plenty of circumstances that may occur in the testation practice and are indifferent to new possible ways of making wills. Meanwhile, the range of mechanisms and proposals for statutory changes in the area of wills formalities is constantly growing. However, there are no proposals to cover all possible legislations in this area, as regards Anglo-American, European or other countries. Yet such a solution seems possible and desirable in order to reconcile the doctrines of substantial compliance and strict compliance. This proposal is the subject of this study.

MISTAKE AND SURETYSHIP: AVOIDING THE SPECTRE OF BRINK V HUMPHRIES & JEWELL (PTY) LTD

The nettlesome matter of operative mistake and suretyships tucked away in credit applications tends to find its way into the law reports on a rather frequent basis. This phenomenon is hardly surprising because in the cut and thrust of modern commerce, and even more so in lean times, individuals are keen to apply for credit on behalf of the corporate entities which they represent, but less eager to stand in for these debts when they cannot be serviced. From the contractual perspective of mistake, these cases tend tofollow a familiar pattern. Commonly, a member of a close corporation or director of a private company applies on behalf of the close corporation or company, as the case may be, for some or other form of credit from another party. Usually, within a business context, credit will not be granted without some form of security, and in these instances more often than not the representative is required to agree to a personal suretyship in favour of the creditor, which is often embodied in the credit application form itself. Oncethe representative has appended him or her signature to the application form, he or she inexorably finds himself or herself simultaneously bound as surety and co-principal debtor, the formal requirements for a suretyship agreement having been complied with (as prescribed by s 6 of the General Law Amendment Act 50 of 1956). On the whole older case law displays a reluctancy on the part of the judiciary to excuse a surety on the basis of material mistake in such circumstances, but in Brink v Humphries & Jewell (Pty) Ltd (2005 2 SA 419 (SCA)) the Supreme Court of Appeal adopted a far more lenient approach in favour of the surety, and perhaps heralded a not too subtle change in the law. This note examines the way in which the courts have adjudicated similar cases, and specifically whether more recently they have reinforced the generally stricter approach of old or been prepared to follow the path which Brink seemed to have cleared.

The Visualized Employment Contract. An exploratory study on contract visualization in Danish employment contracts

The essence of any employment contract should be a clear and understandable communication of the employment relationship. Using comics as a medium for employment contracts can help in achieving this goal. This article provides an exploratory case study in the context of Danish labour law. In a first step, it is assessed whether an employment contract made of comic strips would meet the formal requirements of Danish and European labour law. In a second step, the textual and comic versions of the employment contract of a Danish leisure organization are tested on two volunteer groups. The results show that both the personal utility and actionable knowledge of the users of comic contracts increased significantly compared to the users of the textual version of the contract. This provides initial evidence that contract visualization with the help of comic strips can be an important component in the reform and re-imagination of labour markets and labour law that are undergoing a fundamental transformation.