statutory control
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2021 ◽  
Vol 1 (2) ◽  
pp. 160-189
Author(s):  
Avi Ben Pestanas Andalecio

The purpose of this study is to show how food heritage, specifically Filipino Pancit, define the culture oftheir citizens, investigate the efforts of Local Government Units (LGUs), and examine the role of a selectedHigher Educational Institution (HEI) as a partner of LGUs in safeguarding food heritage. The researcher used frameworks from international and national cultural agencies and researchers. Observation and in-depth interviews were also used for the documentation process through case study technique, which examined the aspects of statutory control and safeguarding mechanisms to determine the political prioritiesof involved LGUs and the selected HEI’s role in safeguarding food heritage in the islands of Luzon,Philippines. Findings suggest that LGUs’ sheer political will, knowledge, and awareness on issues onheritage conservation, openness, sustainable practices, and multi-stakeholder participation are essential inrobust protection vis-à-vis culture and heritage conservation. This comes with the active participation ofstakeholders, especially academic institutions, which provide expertise and extra leg work on researchbacked by their advocacy rooted on Filipino identity and sustainability to support policies of the government.Ultimately, research-based policymaking is key to open opportunities not just on intangible cultural heritagelike Filipino Pancit but on culture and heritage conservation in general.


2021 ◽  
Vol 45 (3) ◽  
pp. 51-68
Author(s):  
Małgorzata Czerny

Purpose: The purpose of the article is to compare the theoretical assumptions of Gray’s model based on Hofstede’s cultural dimensions and the actual evolution of accounting sys-tems in Russia and the Baltic countries, as former Soviet republics (which implies decades of functioning within the same legal and economic system, as well as the financial market). Methodology: A critical analysis and comparative analysis of the literature. Results: The initial characteristics of the Russian accounting subculture were characterized by a strong inclination towards conservatism and discretion, preferring statutory control and uniformity. This is also true of the accounting subculture of the Baltic countries − conserva-tive, but with a tendency towards transparency and professionalism, but at the same time appreciating the role of statutory control, with an ambivalent approach to flexibility. An analy-sis of the development of accounting systems in these countries revealed general compli-ance with the theoretical assumptions of Gray's model, and highest in the case of Russia. Originality/value: The article confirms the correctness of the assumptions of Gray's model regarding the evolution of selected countries’ accounting systems. It fills the existing cognitive gap, because former Soviet republics’ accounting systems are rarely studied in a cultural con-text, especially compared to Russia. Typically, a comparison is made between Russia/the former Soviet republic and Western European countries or another Central/Eastern European country.


2021 ◽  
pp. 1045-1094
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter reviews the loan contract and the controls that the law has imposed to protect the borrower. The level of protection differs according to the nature of the borrower and the type of security transaction. Market regulation of the residential mortgage market has increased protection for domestic borrowers. Vitiating factors, particularly undue influence, have impacted upon the creation of collateral mortgages of the family home to secure commercial borrowing. Equitable protection has been provided by controls against penalties and oppressive and unconscionable terms, as well as by protection of the borrower’s equity of redemption. Statutory consumer protection now offers more effective protection to domestic borrowers. The common law, equitable, and statutory control mechanisms are then described and applied to demonstrate the protection they afford against particular mortgage terms, for instance to control rates of interest and other costs associated with borrowing.


2021 ◽  
pp. 65
Author(s):  
Vladimir A. Kryazhkov

The article is devoted to the problems of constitutional control in the subjects of the Russian Federation. The article examines its origins related to the formation and functioning of constitutional (statutory) courts at this level, reveals the reasons that did not allow the constitutional justice of the subjects of the Russian Federation to become a full-fledged state legal institution for 30 years. It is shown how, as a result of the constitutional reform, these courts were abolished, and a recommendation of the federal legislator appeared on the creation of constitutional (statutory) councils under the legislative (representative) state authorities of the subjects of the Russian Federation instead of them. The article analyzes the legal regulation of the organization and activities of such bodies in domestic and foreign practice. Taking this into account and based on the existing constitutional and legal possibilities, proposals are formulated on the status of these councils (their nature, the procedure for their formation and work, powers and decisions), which allows them to be an effective body of constitutional (statutory) control in the subjects of the Russian Federation.


Author(s):  
Kenneth McK. Norrie

This book explores the development of Scottish child protection law from its earliest days in the poor law, tracing the changing assumptions that underlay child protection processes, and the radical shift of emphasis from private (charitable) endeavour to public (local authority) duty. This book looks at the developing legal processes for removing children from abusive or neglectful environments, explores how child offenders and child victims came to be dealt with in the same processes, and examines the reasons why Scots law has managed to continue to cleave its own procedural path in the contemporary world. It explores both processes and outcomes, explaining how the juvenile court evolved into the children’s hearing, and it examines the substantive continuities between the various orders that could be made over children. The regulation of boarding out and fostering of children is compared with the regulation of institutional care, and the evolution of aftercare provisions is explained. The book also offers an analysis of the (dubious) legal basis for the Imperial practice of sending troubled children to the colonies, as part of a deliberate policy of spreading British “stock” across the world. The final chapter traces the origins and statutory control of the practice of adoption of children, from its days as an informal arrangement through its early manifestation as a minor action changing status to its present position as the most radical order that a court of law can make.


Author(s):  
D Fox ◽  
RJC Munday ◽  
B Soyer ◽  
AM Tettenborn ◽  
PG Turner

This chapter deals with possessory security. It begins with a discussion of a pledge (which normally secures repayment of a debt but, in principle, there is no reason why it should not secure performance by the pledgor of some other obligation), before considering the concepts of delivery and re-delivery of possession. It also examines re-pledge by the pledgee, realisation, and statutory control before turning to liens. In particular, it explains how a lien arises and how it is enforced, terminated, and registered. Finally, it looks at the proposed legal reform with respect to possessory security.


Author(s):  
D Fox ◽  
RJC Munday ◽  
B Soyer ◽  
AM Tettenborn ◽  
PG Turner

This chapter focuses on non-possessory security. It begins with a discussion of mortgages and their definitions. A mortgage involves the transfer of ownership of property from the mortgagor (the debtor or a third party) to the mortgagee (the creditor) as security for a debt or other obligation. The chapter then considers equitable charges and their definition, which include fixed and floating charges, before moving on to consider equitable liens. The chapter also examines statutory control with respect to non-possessory security, with particular emphasis on the protection of third parties and debtors.


2020 ◽  
pp. 183-230
Author(s):  
Jack Beatson ◽  
Andrew Burrows ◽  
John Cartwright

This chapter discusses the common law and statutory rules governing exemption clauses, and the control of unfair terms. Written contracts frequently contain clauses excluding or limiting liability. This is particularly so in the case of ‘standard form’ documents drawn up by one of the parties or a trade association to which one of the parties belong. At common law there are special rules on the incorporation of exemption clauses, special rules of construction applicable to them, and a few miscellaneous other common law rules designed to control them. The chapter first considers those common law rules before going on to the legislative control of exemption clauses and unfair terms. The focus of the discussion of statutory control is the Unfair Contract Terms Act 1977 for non-consumer contracts, and the Consumer Rights Act 2015 for consumer contracts.


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