The Power of Pacta Sunt Servanda Principle in Arbitration Agreement

Pacta sunt servanda is a legal principle that applies universally. With this principle, everyone is expected to carry out an agreement made with other parties voluntarily. To enforce the principle by the court in case of dispute in the implementation of the agreement, it requires conditions that must be met. In the context of an arbitration agreement, it must also meet specific rules stipulated in the Arbitration Law. In practice, there is still disobedience to this principle where the parties who have been bound by an arbitration agreement are still taking the litigation in solving their case. In this research, the problems examined are how the principle of pacta sunt servanda is regulated in the arbitration law and how strong this principle is applied. The method used in this research is normative juridical. Based on the research, it is concluded that the implementation of the pacta sunt servanda principle is regulated in several articles of the Arbitration Law. The pacta sunt servanda principle is not valid absolutely because it is deviated by other laws or legal principles. It is recommended that parties in an agreement shall understand the choice of dispute settlement well including the consequences of such choice.

‘PERICULUM VERBUM GENERALE EST’: RISK ALLOCATION IN THE COMMENTARIES OF JACQUES CUJAS

Jacques Cujas was a French humanist and one of the most distinguished 16th-century legal experts. This paper analyses the rules governing liability and the meaning of periculum (risk) in his commentaries to Roman law. My study is focused on two examples which offer surprising interpretations of risk. The first case concerns a person who lost an object given for valuation. Here Cujas uses the term periculum in two different meanings. The first is general and covers all types of irresistible events. The second is limited to only one type of event – theft. This distinction is fundamental for the evaluation of the legal consequences arising from the loss of the object. Te inspector would have had to bear the risk of theft (periculum furti), but not other risks, especially not those related to force majeure. The second case I discuss deals with the complexities of risk allocation in the contract of sale. In one of his earlier commentaries, Cujas accepted the Roman legal principle of periculum emptoris – that the risk of the loss of the object sold should be on the buyer. At the same time, in his discussion of particular cases Cujas was flexible in allocating various risks to either of the parties, thus paving the way for his future change of mind on periculum venditoris.

Pater Est Quem Nuptiae Demonstrant w Szwajcarii – ujęcie komparatystyczne

The statutory presumption of paternity of the mother’s husband causes many problems and – contrary to common belief – does not always protect the child’s best interest. The paper examines the impact of this legal principle on family life and considers its viability in today’s society. The research focuses on Swiss law but also makes references to German and Polish regulations. In a broader sense, the analysis is made from the perspective of the biological father, who is not the legal father. Based on a critical analysis, the new approaches of intentional parenthood, multiple parents and consensual change of paternity are discussed. Concluding that the mother’s marital status cannot determine the child’s affiliation, the author recommends a more flexible solution.

Clark v Macourt: Proper compensation or a one million dollar windfall?

<p>Pacta sunt servanda is a fundamental legal principle, which states that agreements must be kept. Thus, various wrongs, including breaches of contracts, entitle one to the most common remedy at common law: an award of damages. The basic principles that govern the assessment of contract damages are taught to students in every Law School. However, the application of those principles is not always easy because careful attention has to be paid to the individual circumstances of each case. The conclusion that the courts must strive to achieve is compensation of claimants for the actual loss sustained, in order to place them in the same position they would have been in if the contract had been performed. This paper argues that in a recent decision of the High Court of Australia in Clark v Macourt, the claimant was put in a position superior to that she would have been in if the contract had been performed. It summarises and questions the various parts of the decision to show that the million-dollar award over compensated the claimant.</p>

Clark v Macourt: Proper compensation or a one million dollar windfall?

<p>Pacta sunt servanda is a fundamental legal principle, which states that agreements must be kept. Thus, various wrongs, including breaches of contracts, entitle one to the most common remedy at common law: an award of damages. The basic principles that govern the assessment of contract damages are taught to students in every Law School. However, the application of those principles is not always easy because careful attention has to be paid to the individual circumstances of each case. The conclusion that the courts must strive to achieve is compensation of claimants for the actual loss sustained, in order to place them in the same position they would have been in if the contract had been performed. This paper argues that in a recent decision of the High Court of Australia in Clark v Macourt, the claimant was put in a position superior to that she would have been in if the contract had been performed. It summarises and questions the various parts of the decision to show that the million-dollar award over compensated the claimant.</p>

Work-related problems faced by coordinators of organ, cell, and tissue transplantations in Poland and possible ways of ameliorating them

In recent years in Poland, the numbers of reported potential cadaveric donors of organs, tissues, and cells, and the numbers of transplantations being carried out seem to be low in the context of the size of the country population and the presumed consent legal principle which rules transplantations. This research project was carried out on 109 Polish transplant coordinators by means of a questionnaire created specifically for this study. The goal of the project was to detect problems specific to transplant coordinators working in Poland which, when properly addressed, might improve the efficacy of transplantation network within the Polish health care system. The results suggest that Polish transplant coordinators face a variety of issues in their work. It appears that the most important interventions which could improve working conditions for in this population and—as a result—also improve the efficacy of transplantation network in Poland could include: (1) a variety of training programs for transplant coordinators; (2) a social campaign promoting transplantations and spreading awareness of the transplantation-related legislation; and (3) introduction of changes in the regulations pertaining to medical professions in Poland.

ANALYSIS OF LEGAL SUPERVISION IN PREVENTING CRIMINAL PRACTICES AND CAPITAL MARKET VIOLATIONS

This study aims to analyze legal supervision in preventing criminal practices and capital market violations. The type of research used in this study is the juridical-normative method, namely research on a legal principle contained in positive law that has been applied in Indonesia. The positive law in question is the regulation that regulates Capital Market Number 8 of 1995, the Law on the Financial Services Authority, and other Implementing Regulations. The types of legal sources used in this study are secondary legal sources and tertiary legal sources collected using the library research method. The research analysis used qualitative methods which were analyzed using a sociological approach. Qualification of forms of criminal acts Law no. 8/1995 concerning the Capital Market is regulated in Article 103 paragraph (1), Article 104, Article 106 and Article 107. As for criminal acts in the form of violations, it is regulated in Article 103 paragraph (2), Article 105 and Article 109. The forms of sanctions for violations are divided into: administrative sanctions, civil sanctions, and criminal sanctions.

Study on the Relationship between Supervisors' Remuneration in Listed Companies and Tobacco Control Measures

Objectives: At present, the theoretical study on supervisors' remuneration under the Company Law is still too principled, and many "chaos" occur in the remuneration practices for supervisors. First, the lack of clear understanding of the incentive function and institutional specificities of supervisors' remuneration results in many problems in the application of supervisors' remuneration in practice, as well as the ignoration of the Board of Supervisors in corporation governance. Second, rather than reaching the intended effect, the legislative approach of authorized "blank" intentionally adopted under the Company Law leaves an inducement for the ineffective supervision of supervisors in practice. Third, there is not only a lack of theoretically self-consistent discussion on the special problems of concurrent supervisors and employee supervisors' remuneration, but also a divorce of the institutional structure and application from good expectations. If the research background of the problem is placed in "tobacco regulatory science", it will be found that there is no inevitable connection between supervisors' compliance expectations and remuneration, but mainly depends on the provisions of legislation. Going back and forth between theory and practice of supervisors' remuneration, this paper combs and interprets the issue of supervisors' remuneration from the perspective of the legislative provisions and theoretical study under the Company Law, and analyzes the difference between the reality and the necessity of the Company Law with respect to the issue of supervisors' remuneration in the light of the legal principle of the Company Law, with the view to improvement of the rules of the Company Law.

Criminal responsibility for violation of equality of citizens in Ukraine and Moldova: comparativist approach

The article provides a comparative analysis of the criminal legislation of Ukraine and Moldova in the field of ensuring equality of citizens. The composition of criminal offenses has been determined, which provide for responsibility for encroachment on public relations in the field of the general legal principle of equality of citizens. The progressive aspects and individual shortcomings of the legislative structures of the indicated compositions of criminal offenses are revealed, which must be taken into account in the process of improving the criminal legislation of both countries.

THE EUROPEAN UNION DISTINCTIVENESS: A CONCEPT OF THE RULE OF LAW

This paper discusses the distinctiveness of the European Union with focus on the Rule of Law and its importance for the EU integration process. Rule of Law is a notion that is very frequently used, but at the same time quite controversial as it is not so easy always to reach generally accepted meaning. Therefore, this paper provides a analysis of the EU Rule of Law as multidimensional legal principle gravitating between values and principles. The paper acknowledges that a concept of the EU rule of law can be the subject of diverse interpretations and implementation. High-ranking government officials of a two EU member states, Poland and Hungary, have argued recently that a concept of the EU rule of law lacks well-defined rules and remains the subject of much debate. Therefore, the paper provides for better understanding of the concept itself within the specific supranational legal environment. Also, the paper argues that the future of the EU and its integrations depends largely on the respect of the rule of law that remains to be a core and the element of unity within Europe’s legal space. The relationship between the principles and values upon which the EU is founded remain close and interrelated. The EU Rule of law with all its distinctiveness can be concluded with certainty that it reflects a specific character and nature of the EU legal system.