OVERRIDING MANDATORY PROVISIONS IN CROATIAN PRIVATE INTERNATIONAL LAW

Overriding mandatory provisions are mandatory provisions that are applicable in situations with an international element. The author analyses overriding mandatory norms in the European private international law and in the Croatian national private international law. The definition of such norms provided in the 2017 Croatian Private International Law Act is almost a verbatim copy of the definition provided in the Rome I Regulation on the law applicable to contractual obligations. The 1982 Croatian Private International Law Act did not provide for a definition of overriding mandatory norms but it was uniformly accepted in the scholarly interpretations that those types of mandatory norms were accepted by the Croatian private international law system. Moreover, the 1982 PIL Act included a substantive family law provision, which was, in essence, an overriding mandatory provision. However, Croatian courts and practitioners have been reluctant to refer explicitly to an applied norm as an overriding mandatory one. The reasons behind that might be that that the courts were better acquainted with the public policy exception, since public policy was explicitly mentioned in the 1982 PIL Act, as well as in some other legal acts. In addition, the legislator does not explicitly note that a provision is an overriding mandatory one in the provision itself, which leads to the outcome that the courts and other practitioners are burdened with a complex task of interpretation of a provision they think might be an overriding mandatory one. The author aims at providing guidelines to facilitate that task.

Kewenangan Pemerintah Kota Denpasar dalam Penerapan Jalur Khusus Sepeda

Realizing an environmentally friendly city of Denpasar is one of the balancing concepts in the development of an environmentally friendly city. Changing the mode of transportation to environmentally friendly transportation, such as the use of bicycles, can prevent congestion. One of the government's real actions is the government's authority on bicycle lanes as a necessity for the community. The purposes of this study are to reveal the form of authority of the Denpasar City Government in Streamlining the Application of Bicycle Paths and forms of legal protection for bicycle lane users based on Law Number 22 Year 2009 in Denpasar City. The type of legal research used in this research is empirical legal research with a statutory approach. The data collection techniques were carried out by reading, recording, quoting, summarizing and analyzing the data and information obtained from the relevant agencies, namely the Denpasar City Transportation Service. After obtaining primary legal materials and secondary legal materials which are then processed and analyzed systematically, data is obtained that the authority of the Denpasar City government in making the use of bicycle lanes effective is to provide bicycle lane facilities at several points scattered in the Denpasar City area, such as on Jalan Sudirman , Jalan Letda Made Putra, Jalan Letda Tantular and at several other points. Meanwhile, legal protection for bicycle lane users contains the rights of bicycle lane users, such as the mandatory provision of bicycle lane facilities by the government to ensure the safety and comfort of cyclists, freedom from fear in traffic, and avoidance of traffic hazards.

Integrated reporting, textual risk disclosure and market value

Purpose Exploiting the mandatory provision of integrated reporting in South Africa, this paper aims to investigate whether this regulatory switch from the conventional annual report is associated with differences in the level of textual risk disclosure (TRD). This paper also examines the economic usefulness of this regulatory change by observing the impact of TRD on the complying firms’ market values. Design/methodology/approach Archival data are collected and examined using time-series difference design and difference-in-differences design. Findings The authors find that the level of TRD within the mandatory integrated reporting is significantly lower than that of annual reports. The authors find that the impact of TRD in integrated reporting on market value compared to that of annual reports is statistically not different from zero. The authors’ further analyses suggest that corporate governance effectiveness is not a moderating factor to the study results. The results are robust to comparisons with the voluntary adoption of integrated reporting in the UK. Originality/value Collectively, the study results suggest that managers’ adherence to the mandatory provision of integrated reporting has significantly decreased the level of (voluntary) TRD they tended to convey within the conventional annual reports, resulting in a trivial impact on market value. These unintended consequences should be of interest to the International Integrated Reporting Council and other bodies interested in integrated reporting.

On the possibility of termination of the lease contract of municipal property in the case of privatization of the lease object

Problem setting. Quite often in the practice of law enforcement there are disagreements as to whether privatization of the leased object may be the reason for the termination of the lease contract of municipal property. Analysis of recent researches and publications. The issue of termination of lease contract of municipal property was studied by legal scholars in different ways. Research in this area was conducted by I. R. Kalaur, Ye. Kozarenko, O. Moroz, I. Spasibo-Fatieieva, V. Steshenko and other scientists. Target of research is determining whether the lease contract of municipal property can be terminated by privatization of the leased object. Article’s main body. A conflict between Part 2 of Art. 770 of the Civil Code of Ukraine and Part 8 of Art. 20 of the current Law of Ukraine “On Lease of State and Municipal Property”, which stipulate that the provision that the lease contract remains in force for the new owner in case of alienation of leased property may be changed by the parties to the contract and the said alienation may be grounds for the termination of the lease, if the parties have agreed on this, on the one hand and Part 4 of Article 18 of the Law of Ukraine “On Privatization of State and Municipal Property”, which establishes the mandatory provision according to which in case of privatization the lease contract remains in force for a new owner, on the other. The author notes that the mentioned rule of the Law of Ukraine “On Privatization of Public and Municipal Property” is special in relation to the rules of the Civil Code of Ukraine and the Law of Ukraine “On Lease of Public and Mubicipal Property”, which are general in relation to the first. Conclusions and prospects for the development. Upon alienation of the subject of the contract in the manner of privatization, the contract of lease of municipal property remains in force for the new owner of the privatized property. At the same time, if the parties have established in the lease of municipal property that the alienation of the leased object is the basis for its termination, such a provision applies in the case of alienation of the object by the owner on grounds other than privatization and in such circumstances, alienation of property by the owner otherwise than privatization is the reason for its termination.

An Overview of Nursing Education in Nepal

Nursing is the most valued public service leaning profession. The quality of nursing education and future of nurse remains a growing concern with international standards in Nepal. The perspective of nursing educationists reveals the scholastic, academic and practical sight to understanding of advancement in the nursing education. Nepal has been running nursing education in the Government as well as in private sectors throughout the country. Nursing education focused with changes as center of attention at the certificate level to highlight prospective functions in the public health and at the bachelor level to focus on advancement of leadership skills. There are many problems in the existing nursing education which need to be addressed by the concerned authority for quality nursing education in the country. Nepal Nursing Council Act has made a mandatory provision that prior to granting approval to establish and operate a nursing educational institution; the concerned body shall consult the council for establishing and operating any nursing educational institution. The continuous and routine supervision and monitoring is needed to be made from the university as well as from the Nepal Nursing Council, Ministry of Education.

Glosa do postanowienia Sądu Najwyższego z dnia 23 marca 2016 r., sygn. akt: III CZP 112/15

The role of art. 57 § 1 of Polish Family and Guardianship Code in proceedings concerning international divorce is disputed and gives rise to many questions concerning its nature. The provision, addressed to the Polish courts dealing with divorce cases, obliges the seized court to rule on fault of spouses in the breakdown of marriage. It may then seem to remain unclear if the court shall apply art. 57 § 1 when the law applicable to divorce does not state for fault based grounds for dissolution of marriage, while the legal order applicable to maintenance obligation between former spouses requires, among other prerequisites, that the fault of the former spouse obliged to alimony is declared in court proceedings. This paper analyses the judgement of Polish Supreme Court from 23rd of March 2016, in which this issue was raised. The Author rejects the opinion of Supreme Court that the provision in question has a procedural nature. The view, that it constitutes an example of overriding mandatory provision should also be denied. As a provision of double nature: material and procedural, it should be applied by Polish courts as an instrument that enables to rule on fault in all those cases when applicable law provides for fault grounds for divorce; it should be also applied by foreign court deciding on dissolution of marriage when Polish law is applicable.

Place and role of intellectual potential in ensuring national security

Интеллектуальная безопасность знаменует обязательное обеспечение таких условий, которые будут способствовать беспрепятственному наращиванию интеллектуального потенциала и его беспроблемной реализации. Рассматривая место интеллектуального потенциала в комплексе национальной безопасности, укажем, что оно располагается по вектору «интерес», представляющему одного из «трех китов» указанной безопасности - «интерес», «угрозы», «защитные меры». Интеллектуальный потенциал устанавливает обеспечение страны с точки зрения науки и параллельное исполнение иных направлений предоставления национальной безопасности. Intellectual security means the mandatory provision of such conditions that will facilitate the unhindered development of intellectual potential and its smooth implementation. Considering the place of intellectual potential in the national security complex, we should point out that it is located in the vector «interest», which represents one of the «three whales» of the specified security - «interest», «threats», «protective measures». Intellectual potential determines the provision of the country from the point of view of science and the parallel implementation of other directions of providing national security.

La ley aplicable a la forma en las donaciones internacionales. En torno a la STSJ Cataluña de 18 marzo 2019 = Applicable law to the form requirements of international gifts. Around the sentence of The High Court of Cataluña of 18 March 2019

Resumen: La sentencia del Tribunal Superior de Justicia de Cataluña de 18 de marzo de 2019 resuelve sobre la validez de una donación entre esposos de un bien inmueble sito en Ingarö (Suecia). La sentencia se pronuncia sobre la aplicación al caso del Reglamento Roma I y del desplazamiento del art. 11CC como norma de conflicto aplicable a la validez formal de la donación, tampoco la considera ley de policía del foro.Palabras clave: requerimientos de forma, donaciones internacionales entre esposos, leyes de policía, Reglamento Roma I. art. 11CC. Abstract: The Judgment of the High Court of Cataluña of 18 March 2019 ruled on the formal validity of an international gift between spouses of a land situated in Ingarö (Sweden). The Judgment apply the Rome I Regulation and avoid the application of art. 11CC even as an overriding mandatory provision of the law of the forum.Keywords: form requirements, international gifts between spouses, overriding mandatory provisions, Rome I Regulation. art. 11CC.