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Publications related to Civil Law (10,000)
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Article
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The artistic world model that reflects reality in a special way is materialized in the human consciousness in the form of definite objects (paintings, architectural buildings) and spiritual images (literature, music, choreography) perceived by people. The aim of our research is to analyse the reflection of the Ten Commandments in the world art and...
Chapter
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Criminal law has the specificity of being more repressive than other branches of law, such as administrative law and civil law. Doctrinally, the purposes of any criminal judgment are to restore the social justice for the committed offense, to correct (educate) the convicted person, and to prevent the convicted person from committing a new crime in...
Article
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Kekuasaan kehakiman merupakan unsur penting bagi negara hukum seperti Indonesia. Sebagai negara yang menegdepankan rule of law lembaga kekuasaan kehakiman sudah seharunya untuk independen dan imparsial. Hal ini juga dipertegas dalam Pasal 24 Ayat 1 Konstitusi Undang-undang Dasar 1945 yang menyatakan bahwa, kekuasaan kehakiman merupakan kekuasaan ya...
Article
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This article examines the legal nature of fiduciary duty in connection with the emergence of legal uncertainty and difficulties in law enforcement. The study begins with the definition of “fides”, “fiducia”, “legal duty” and “civil duty”, taking into account historical developments and case law. The characteristics of civil duty are given. The arti...
Article
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The article provides a criminal assessment of unfair information business (“information fraud”). Based on the analysis of the Supreme Court’s positions and through the prism of such manifestations as nonfulfillment of obligations and improper fulfillment of obligations (untimely, incomplete and poor-quality fulfillment of obligations in the form of...
Conference Paper
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Brief comparison of civil law and common law courts towards religion and religious organizations in sex abuse litigation.
Article
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CRITICAL ANALYSIS OF THE DISCUSSION PAPER OIC 'REVENUES', IN THE LIGHT OF THE ACCOUNTING THEORY). Recently, following the issuance of the IFRS 15 'Revenue from Contracts with Customers', the Italian Standard Setter OIC has issued a Discussion Paper (DP) about the recognition of revenues and has received few Comment Letters, underlying several probl...
Article
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Legal services and lawyers also called advocates or Attorneys occupy important place in society. Disputes between humans of various types occur regularly , commercial disputes, and then there are several legal work required like environment Protection, Human rights, disputes with states for failure of various services, international laws and legal...
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L’entre‑deux‑guerres dans la littérature bulgare est marqué d’une part par deux conteurs, Elin Pelin (1877-1949) et Jordan Jovkov (1880-1937) et d’autre part par la poésie militante de Geo Milev (1895-1925), Hristo Smirnenski (1898-1923), Nikola Vapcarov (1909-1942). En 1917, sur le front, Geo Milev est grièvement blessé dans le crâne et perd son œ...
Article
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The article outlines the European Union (EU) regulation of information technology (IT) security in Internet of Things products from a consumer and end user perspective. It starts with civil law and the necessity to address security requirements and specifications in individual contractual terms. Data and consumer protection laws have not helped muc...
Article
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ملخص: يعتبر نظام التعويض عن مسؤولية حارس الشيء في المادة 138 ق.م بالغ الأهمية، فهي مسؤولية دون خطأ و هذا استثناء للقاعدة الواردة في المادة 124 ق.م . فمسؤولية حارس الشيء مسؤولية موضوعية تقوم على فعل ضار، الضرر ، و العلاقة السببية، الا اننا نجد اختلافات في أساس قيام هذه المسؤولية في قرارات المحكمة العليا ، حيث نجد الخطأ المفترض و الخطأ الواجب الاثبا...
Preprint
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We undertake a meta-analysis of 1296 estimates of the effect of target country legal environments on cross-border mergers and acquisitions (CBMAs) compiled from 60 published studies. Although these studies provide effect estimates that are statistically significant, none of the legal variables considered, save civil law, has an effect on either CBM...
Article
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Determining the allegations of a pleading is still one of the most controversial topics in U.S. federal civil procedure law. As the Supreme Court’s statements in Twombly and Iqbal have spawned extensive literature, the purpose of this article is to address the matter from a different and to some extent, unusual, perspective, namely the provisions o...
Article
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The distinction between rights and remedies is a traditional and undebatable premise. It supports the classic account of civil law and common law as an inference from the role played by law in protecting rights and providing remedies. While civil law systems protect individual rights to the extent they are previously laid down by the legislature, c...
Article
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Retrieving legal texts is an important step for building a question answering system on law domain, which needs relevant articles to answer a query. Remarkable research has been done on legal information retrieval. However, retrieving relevant articles for a question is an extremely challenging task. In this paper, we describe a novel approach to r...
Article
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Resumen En el presente artículo se aborda la evolución dogmática y político criminal respecto del tema de la responsabilidad de la persona jurídica, la cual ha pasado de un rotundo no al desconocimiento del principio "societas delinquere non potest" a una apertura paulatina en los países del sistema de derecho continental, motivado por los nuevos r...
Article
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This essay aims to provide an overview of the development of Canon Law in relation to other branches of knowledge, from its institution in the university to the present day. Five historical paradigms are deployed to this end; and a paradigm proposal for the future is offered, based on the unity of the fields of sacred knowledge and their dialogue w...
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This article seeks to recover the financial rights of separated women living in the Muslim communities of Russia’s Volga-Ural region in the eighteenth and early nineteenth centuries. It argues that by the 1780s–1820s, separated Muslim women were guaranteed certain rights and powers over their marital finances and personal property. These rights eme...
Article
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Embora o ordenamento brasileiro seja baseado no sistema civil law, que se baseia em normas, houve uma aproximação do common law, pois foram implementados os precedentes vinculantes. Assim, mediante uma revisão bibliográfica com pesquisa qualitativa e descritiva, busca-se analisar se há ofensa à independência funcional decisória dos magistrados em d...
Preprint
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We document the effects that three different types of events: i) corporate scandals ii) hard legal reforms, and iii) soft legal reforms, have had on the Chilean market for corporate directors between 2008 and 2019. Like the effects generated by the sequence Enron-Worldcom-SOX, we find that the supply of corporate directors contracted due to increas...
Article
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Notaries play an important role for the parties in making agreements based on civil law. In carrying out its role, a notary is obliged to emphasize the principles of thoroughness and prudence, to ensure justice without discrimination, thereby providing legal certainty and protection of the rights of interested parties. In accordance with the provis...
Article
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Civil law cases of tort lawsuits for an agreement set forth in the form of a notarial deed still dominate the amount recorded in the clerkship of the district court. The notarial deed is one of the written evidence for the parties given and shown at the time of the evidentiary hearing in the district court. The evidence required other than the nota...
Article
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The Dutch criminal law system is based on individual liability, yet part of the crime and violence Outlaw Motorcycle Gang (OMCG) members commit is collective in nature. This study examines the criminal law approach towards collective criminal behavior of OMCG members. The study analyzes police files and court judgements of criminal law cases that w...
Article
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Cameroon like other countries in the world has tremendously been ravaged by corruption and measures taken to contain this cankerworm have proven inadequate. One of the recurrent forms through which corruption is manifested in Cameroon is through the misappropriation of public property. In the prosecution of this offence, the role of the Examining M...
Article
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The responsibility of a notary as a PPAT in the Article 16 section (1) letter f of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of a Notary (henceforth referred to as LPN) states that a notary is obliged to keep "everything regarding a deed that is made and all information obtained for making the deed...
Article
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This study analyzes the discretionary policy in the civil law system prevailing in Indonesia. In a state law system, implementing laws and regulations are often faced with not applying the rule of law and even legal decisions occur. The result of the failure that occurred in realizing government programs aimed at the welfare of the community. On th...
Article
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This study investigates the effect of globalisation on governance in 40 Sub-Saharan African countries for the period 2000-2019, with particular emphasis on income levels (low income versus middle income), legal origins (English common law versus French civil law), landlockedness (landlocked versus unlandlocked), resource wealth (oil-rich versus oil...
Article
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The sharing economy has had a substantial impact on the labor market and created challenges for companies in traditional industry and businesses. In conducting micro-comparative research on the existing standards that test the employment relationship between Uber and Uber drivers, this study reveals how different traditional labor law dogmas deal w...
Article
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Under the dual influence of environmental pollution and ecological damage, the green principles of civil law and environmental law can be better coordinated and developed. In the past, environmental pollution and ecological damage in the author’s country were very serious. Hence, they designed and experimented with data extraction technology and en...
Article
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Protection of Sustainable Food Agricultural Land which is then stated in Regional Regulation No. 05 of 2013 is one of the policies of the Bangkalan Regional Government to reduce the rate of conversion of agricultural land to non-agricultural. The policy is indicated to be ineffective in its implementation in the community because the substance, str...
Article
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The COVID-19 vaccination has proven to be the most effective prevention measure, reducing deaths and hospitalizations and allowing, in combination with non-pharmacological interventions, the pandemic to be tackled. Although most of the adverse reactions to vaccination present mild symptoms and serious effects are very rare, they can be the cause of...
Article
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This article examines the relation of personality rights to fundamental rights and human rights, a subject that generates a lot of confusion among the legal operators. This is a research that uses descriptive and deductive methodology, fundamentally based on bibliographic, jurisprudential and legislative research. The study begins with the search f...
Article
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The purpose of this article is to verify whether there is compliance of Resolutions 466/2012 and 510/2016 of the National Health Council with the Federal Constitution and the current infra-constitutional legislation, as conditioning norms for research with human beings within the system CEP/CONEP. During the investigation, we analyze certain princi...
Article
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Classically a duty to negotiate commercial contracts in good faith has been seen as part of the civil, not the common, law world. Common law commercial lawyers have long resisted the lure of “good faith” as a contractual concept, despite engagement with civil law principles in harmonisation projects, by virtue of membership of the European Union an...
Conference Paper
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In the formation and development of legal systems globally, we cannot deny the value and impact of Roman law, including the legal systems of continental Europe (see Civil law). Our article aims to analyze under-researched aspects of the effects of Roman law on the formation and establishment of modern legal systems concerning continental European l...
Article
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This article examines the rationale for the common law’s penalty rule and finds it lacking. It examines the rule as applied in different common law systems since the 2015 United Kingdom Supreme Court decision in Cavendish Square Holding v Makdessi and ParkingEye Ltd v Beavis. The article concludes that the chaotic jurisprudence surrounding the rule...
Article
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This study investigated consumer rights protection in Indonesia on price gouging during the Covid-19 outbreak. This research employed normative law with a statutory approach and an analytic approach. The Consumer Protection Act, the Anti-Monopoly and Unfair Business Law, the Civil Law, and the Trade Law were the primary sources. Meanwhile, the supp...
Article
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Nuestra revista y contenidos editoriales cuentan con acceso abierto y se rigen bajo la licencia Atribución-NoComercial-SinDerivadas 4.0 Internacional (CC BY-NC-ND 4.0) Esta obra está bajo una Licencia Creative Commons Atribución-NoComercial-SinDerivar 4.0 Internacional. Resumen: Las víctimas son una categoría que se ha construido desde otras cienci...
Article
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Uniform civil law refers to such laws that apply to all citizens of the country, irrespective of their religion or region. Nature is different from these laws. Marriage, Divorce, Alimony, Maintenance and Adoption Act are included. The Civil Code is accepted as an equal and egalitarian law for both women and men.
Chapter
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The text in this document is based on chapters 9 and 10 of Imran Ahsan Khan Nyazee, The Methodology of Ijtihād: Old and New (Comparative Jurisprudence) (Islamabad: Federal Law House, 2021). The comparison is obviously about the broad features and not the details.
Article
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The introduction of the EU Unfair Terms in Consumer Contracts Directive in the legal system of Cyprus was the first instrument specifically dealing with the problems that arise with standard form contracts and the issue of consent. However, the Directive only generated caselaw approximately twenty years after its adoption, whereas the principle-bas...
Article
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This article aims to explore the work and contribution of Ahmad Ibrahim (1916-1999) in his effort to Islamize law in Malaysia. It discusses in depth his method to apply Islamic law as set forth in his works and the consistent effort in striving to espouse and bring about harmonization of Islamic and civil law of the British colonies. The study is b...
Article
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L'effondrement de l'empire soviétique, la transition post-communiste ont rendu immédiatement clair en Europe de l'Est, que la propagation explosive des minorités, de l'altérité, de toutes les positions minoritaires devrait être acceptée comme une évolution irréversible dans un proche avenir. Ce problème des minorités représente une caractéristique...
Article
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The hypertrophic growth of legal litigation has slowed Italian justice, increasing the risk of ineffectiveness of the law. This phenomenon has been opposed, in counter-reaction, by a cultural change which has resulted in the implementation of several conciliatory remedies, particularly in civil litigation law. The importance of these remedies, howe...
Article
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This article analyzes the ballot name, an anthroponym chosen by the candidate for elective office upon filing for their candidacy application, observing personality rights and the principle of isonomy. The theoretical assumptions adopted are based on studies of Civil Law and Electoral Law, supported by Onomastics. The study comprised two data sampl...
Article
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American evidence law is puzzling. It is essentially a large class of exclusionary rules barring certain types of otherwise relevant evidence from reaching the trier of fact at trial, although the same types of evidence would largely be regarded as valuable in the civil law system or simply in everyday life. For outsiders—especially those from civi...
Article
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John Gilissen (1912–1988) was a high-profile legal academic at the Université libre de Bruxelles (°1834) and the Vrije Universiteit Brussel (°1969). Personal – albeit fragmentary – archival records deposited with these universities permit to reconstruct his teaching (both ex cathedra-courses for big groups and intensive tutorials), impressive globa...
Article
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The need for conceptual updating of civil legislation of Ukraine is one of the necessary conditions for attracting investment, ensuring proper and effective legal regulation of micro- and macroeconomic processes, which, in turn, removes obstacles to the development of new economic relations. Undoubtedly, in order to ensure the rule-making process,...
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The creation of the Czechoslovak Republic and its legal system had its basis in the Act No. 11/1918 Coll. The Act preserved in force former Hungarian law in the territory of Slovakia. In Czech lands, former Austrian law was to be used further on. Quite understandably, attempts were present already in the interwar period to unify the legal system of...
Article
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This paper identifies the role of istihsan in Islamic finance that should be emphasized to strengthen the element of Shariah compliance. Over the period, it is argued that applying Shariah rulings in Islamic finance has witnessed several challenges and difficulties resulting in some aspects may need toleration for the sake of maslahah. The data of...
Article
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The article describes the regulation of liability for non-pecuniary damage on the example of 19th century Hungarian law, which is based on a long, unbroken tradition, individual legal acts and customary law. Furthermore, the classification of torts and remedies in contemporary Hungarian law is analysed, highlighting their similarities and differenc...
Book
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Instytucja wyzysku stanowiła od zawsze przedmiot gorących sporów o jej kształt i społeczne oddziaływanie. Wchodząca właśnie w życie, pierwsza od początku obowiązywania kodeksu cywilnego, nowelizacja jego art. 388 stanowi na to doskonały dowód. Jest też okazją do refleksji nad racjonalnością wyborów ustawodawcy. Autorzy proponują poszerzenie dyskusj...
Article
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The article analyses the place of corporate relations in the system of civil law. The relevance of the problem under study is determined by the lack of a clear definition of the concept and essence of the corporation in the legislations of the countries of the post-Soviet space, in contrast to the laws of foreign countries. The task is to determine...
Article
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Resumen La familia como institución inclusive anterior al nacimiento del Estado supone constantes debates y dificultades en su desarrollo e integración. En este orden de ideas, su concepción netamente material o económica propia del modelo de Estado legislativo, encuentra su culmen y obliga la mutación o metamorfosis del antagónico civil law a el n...
Article
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El presente trabajo es producto del análisis y discusión que se llevaron a cabo en el seminario de la revista Problema. Anuario de Filosofía y Teoría del Derecho intitulado: “La construcción del precedente en el civil law. De-bates, conceptos y desafíos”. En dicho encuentro, Flavia Carbonell y Rodrigo Camarena intervinieron con una exposición respe...
Article
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Using a cross-sectional dataset comprising 749 firms from 13 countries in Asia Pacific markets, this study examines the effect of board monitoring effectiveness (BME) on corporate sustainability performance (CSP). This study also investigates how BME and the country’s legal system, and BME and CEO non-duality leadership interact to influence CSP. T...
Book
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La modernización de las instituciones del derecho civil: Responsabilidad civil, propiedad y contrato analyzes the current state of the approach Latin American law provides to specific problems subject to constant discussion at the jurisprudential and doctrinal level. To this end, the authors identify as main problems to be addressed in this book: s...
Book
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La modernización de las instituciones del derecho civil: Responsabilidad civil, propiedad y contrato analyzes the current state of the approach Latin American law provides to specific problems subject to constant discussion at the jurisprudential and doctrinal level. To this end, the authors identify as main problems to be addressed in this book: s...
Article
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Open Graph Protocol (OGP) has been increasingly widespread in the internet community such as social networking service, and the open graph meta tags allow to generate the title of the webpage, the image data, the description of a website and so on in another website. Herein I present legal analysis whether the generation of the digital data in a we...
Article
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The jury is critical to the establishment of democratic government across the world. Community engagement in the legal system is one of the most successful and intriguing strategies that has been in use for many years in many nations throughout the world. Despite the favorable aspects, there are a few little details that might be problematic. The p...
Article
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Trust is a legal device that has been developed by English courts of equity and is traditionally viewed as distinctive for common law jurisdictions. Comparative studies on trusts proved, however, that trusts do not require equity (understood as a separate system of law). The examples of mixed jurisdictions, as Scotland, South Africa, Quebec, or Lou...
Article
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This article discusses the role of nature in the theological system of New England minister Samuel Willard (1640-1707). I focus specifically on his account of theological anthropology, the relationship of nature and grace, and the moral (or natural) law, and show how each relates to his views on civil government and civil law. Willard affirmed the...
Article
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This paper explores the work and contribution of Prof Ahmad Ibrahim in his effort to Islamize law in Malaysia. He had proposed and constructed comprehensive and unprecedented structure of instructive and highly possible method to Islamize law and to bring about harmonization of Islam and civil law in Malaya. In this context, he had proposed indepen...
Article
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The concept of equity is clearly important in Thomas Hobbes's philosophy. In his writings he repeatedly employs it in significant load bearing ways, particularly in the areas of civil law and governance. Equity is, however, not directly addressed in a sustained way in his core works and—perhaps even more frustratingly—it is often applied in ways wh...
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Located in Africa’s Sahel region, the Republic of Mali enjoyed various fruits of its transition to political pluralism and liberal economic restructuring from the 1990s to the early 2000s. When the Malian government sought to amend civil laws governing marriage and family life, and eliminate legal discrimination against women, however, it faced con...
Chapter
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This book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a variety of jurisd...
Conference Paper
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The years 1353 and 1391 of the hijri calendar marked the death of two Egyptian legal scholars, each with a checkered affinity with Hanafi law. The first date, roughly marking the halfpoint of Islam’s 14th century, was the death year of Shaykh Muhammad Bakhit al-Muti‘i (d. 1353|1935). The second, nine years prior to the Century’s end, was the death-...
Article
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ÖZ: 1980’lerden sonra küresel bağlamda Neo-liberal ekonomi politikalarının uygulanmaya başlamasıyla birlikte oluşan yeni eşitsizlik alanları, hâlihazırda toplumsal cinsiyet (gender) eşitsizliğinin mağduru olan kadınları daha da eşitsiz bir konuma sürüklemiştir. Bu durum, kadının geleneksel toplumsal cinsiyet rollerini güçlendirerek, büyük bölümünün...
Thesis
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One of the common areas of violation of equal treatment is the world of work. Here, because of the unequal balance of power, discrimination can take many forms. Violations of equal treatment can be particularly sensitive in the world of work, including labour law, as certain groups in society, such as the Roma, people with disabilities, women, and...
Article
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This article examines the methodological foundations of the invalidity of an transaction in civil law from a scientific and theoretical point of view. Also on the topic of this study, special attention was paid to the issues of scientific opinions of scientists from CIS countries and foreign countries, the rule of law or the basics of morality, ant...
Preprint
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Civil law today does not provide unambiguous answers to questions about therelationship of contractual and tort liability. Court decisions remain disparate. The invented formulas do not correlate with the normative system of the judge. They show disagreement, although forced to apply the imposed constructions. The aim of the work is to solve theore...
Article
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O presente trabalho tem como objetivo analisar a padronização decisória no Brasil através de um comparativo entre os principais sistemas jurídicos, quais sejam o common law e o civil law. Para tanto, o estudo será dividido em três partes, sendo a primeira o estudo dos dois principais sistemas jurídicos, quais sejam o common law e o civil law, após...
Article
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The "Covid-19" pandemic was a determining, catalytic factor in accelerating economic and social processes. The syncope generated by the pandemic in society has introduced new elements of "artificial intelligence" and "reasoned reality" in the economy of commercial insurance. Insurance Economics and Commercial Insurance Law, registers a series of ch...
Article
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RESUMO: Toda a ordem extrai fundamento de validade e hermenêutico das disposições constitucionais. No Brasil, em razão do status materialmente constitucional, os tratados de direitos humanos estão ao lado das normas contidas no documento denominado Constituição. Destarte, a tutela das pessoas LGBTI + ganhou contorno internacional: a ordem interna d...
Article
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The right to claim climate litigation is a central legal issue in climate justice. The human right to climate provides the basis for constitutional climate litigation, and the state's duty of care has gained some judicial recognition in civil law systems, represented by the Netherlands. The right to a clean and healthy environment has had many succ...
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We explore the relationship between family ownership and dividend policy in an insider financial system under mandatory dividend rules. In a civil law insider institutional setting like ours, the concentration of management control in the hands of family members in combination with poor corporate governance makes the expropriation of minorities mor...
Article
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The paper analyses the rights of members of closed companies originating from common law - drag along and tag along rights. Since they represent effec�tive instrument of prevention of second agency problem of corporate governance, relating to the conflict of interest between majority and minority shareholder, as well as for resolving conflicts b...
Article
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Legal studies have two types of research, namely normative legal research and empirical legal research. normative legal research is a process to find a rule of law, legal principles, and legal doctrines to answer the legal problems faced. Normative legal research is carried out to produce new arguments, theories or concepts as prescriptions in solv...
Article
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L’istituto delle disposizioni anticipate di trattamento presenta diversi profili rilevanti alla luce della normativa sulla protezione dei dati personali. Pertanto, premessi i tratti salienti di questa figura, vengono delineate le principali esigenze di riservatezza connesse alla l. 22 dicembre 2017, n. 219, avendo riguardo all’attuazione concreta d...
Article
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Despite the fact that many Roman jurists were faced with the outbreak of the devastating Antonine plague (169−194 AD) and that the major parts of the Justinian’s codification were redacted during the first outbreak of the plague in Constantinople (531), there is no direct mention of the possible effects of the epidemics on the civil law and procedu...
Book
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Over 500 000 people work in the Polish catering industry. Most of them work seasonally or at weekends. Students and young people represent the majority of the employed staff. The Polish HoReCa branch is growing intensively mainly due to them. Most guests can enjoy a pleasant time in the growing number of restaurants. Unfortunately, personal relati...
Chapter
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Any construction project is constrained by three main elements; namely time, cost and quality. As such, its success depends on how balanced these constraints are. These elements are interrelated, as any change in one of them will affect the others. Managing delays is very crucial in the construction industry because failing to finish the project on...
Chapter
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Title in English: Accountability issues in algorithmic trading with financial instruments This book chapter explores EU and Swedish law on accountability structures and sanctions in the context of algorithmic trading, including legislated structures and sanctions, market operators' scope for setting such structures, and civil law accountability.
Chapter
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This book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a variety of jurisd...
Article
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Malingering-the feigning of mental or physical health symptoms for external gain-is a significant problem for clinicians, the courts, and society. For clinicians working in mental health settings, it is a complex task to differentiate malingered presentations from genuine ones, with a range of potential legal and ethical questions facing the clinic...
Research
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ABSTRAK Sumber hukum perdata dalam segi yuridis dibagi menjadi dua, yakni formil dan materiil. Kedua sumber ini memiliki perbedaan, tetapi saling berkesinambungan. Namun, perbedaan serta hubungan antara keduanya belum banyak ditonjolkan. Beberapa keliru menganggap keduanya sama. Penelitian ini bertujuan untuk mengetahui perbedaan hukum perdata...
Article
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Linguistic structures and their semantic impact on the drafting of the Iraqi Civil Law No. 40 of 1951, This research has included linguistic connotations as a basic structure in the drafting of the law in general and the Iraqi Civil Law No.(40) Of 1951 in particular, because of the role of the language in the drafting of the law because it is legis...
Thesis
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ملخص استمد المشرع الجزائري الأحكام المنظمة لمسائل المفقود من الفقه الإسلامي، ووضع أحكامه الموضوعية في قانون الأسرة ، والقوانين الإستثنائية الخاصة بالكوارث الطبيعية وقانون المصالحة الوطنية، وفي بعض مواد القانون المدني وقانون الحالة المدنية. تناولت هذه الدراسة في البداية مفهوم المفقود، وتفرقته عن الغائب، ثم تطرقت إلى أحكام المفقود خلال فترة فقده، وأث...
Book
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Buku ini hadir guna menjelaskan pemikiran yang berkaitan dengan Politik Hukum atau Kebijakan Pemerintahan terkait perkara Keperdataan. Sebagaimana diketahui bahwa Hukum Perdata merupakan ketentuan yang mengatur hak dan kepentingan antar individu dalam masyarakat. Tradisi hukum di daratan Eropa (civil law) mengenal pembagian hukum menjadi dua yakni...
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The Article discusses the conceptual scopes of custom and law, including customary law and soft law, as well as their holistic approach to the functioning of the state in the civil law system. The work has been focused not only on the theory and philosophy of law, but also on the achievements of sociological sciences. The Author is looking for an u...
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