Auswahl der wissenschaftlichen Literatur zum Thema „Division des obligations“

The article outlines certain aspects of the application of the rules of family law on the division of debt obligations arising in connection with the implementation of joint entrepreneurial activity by spouses. On the basis of interpretation of general provisions of private law the position on the possibility of attributing debts arising from entrepreneurial activities to the joint property of spouses in their division is substantiated. A number of problems complicating the equal and proportional participation of spouses in joint business, the distribution of debt obligations (proof of bad faith conduct of one of the spouses in connection with the emergence and performance of disputed credit obligations, significant improvements in the property acquired with borrowed funds under the mortgage agreement as a basis for attributing the mortgage obligation to joint) are highlighted; the need for the Russian Supreme Court to develop additional criteria and conditions allowing to unambiguously decide.

OBLIGATIONES QUASI EX DELICTO . FROM THE RESEARCH ON THE SOURCES OF OBLIGATIONS IN THE ROMAN LAWSummary There is scarce literature on the sources of Roman obligatio. The opinions presented therein are very often contradictory, mostly because this issue was variously defined in the Roman law. On the one hand, Gaius in his Institutiones, which he wrote in the middle of the 2nd century AD, claimed that every obligation is derived from either ex contractu or ex delicto. Whereas on the other hand, Justinian’s Institutiones, constituting part of his codifications from the 6th century AD, divided the sources of obligations into four types, supplementing Gaius’ division with obligationes quasi ex contractu and quasi ex delicto (maleficio). The above issue is analysed in the first part of this article, where the attempts (made by Ulpian and Modestinus, as well as by the author of Res cottidianae) to supplement the classification of the sources of obligations proposed by Gaius are also presented. Gaius’ classification, which proved useful for the didactic goals, has become insufficient in the course of time.In the Gaian and Justinian tradition concerning the sources of obligations there are two elements which spark controversy. The first one is the meaning ascribed to the term contractus in Gaius’ Institutiones. Another questionable matter is quasi-de\ictsy since a range of various hypotheses exists in the doctrine of the Roman jurists concerning the criteria regarding this type of liability. This issue is discussed in the second part of the article. Analysing the above mentioned sources, the author comes to a conclusion that out of all theories set forth until now, the only valid one is the theory which assumes the so-called - in modern terminology (objective liability as a basis of quasi-delicts. He also notes that the question of the exact number of cases which could be included into this category still remains open, since different cases of the so-called objective liability existed and they are not called quasi-deX\cts in the sources.

The article is devoted to the disclosure of the species classification of obligations according to I. Kant`s doctrine. It has been studied that all obligations, in I. Kant`s opinion, can be or legal or moral. The German thinker divides obligations based on the following criteria. The first criterion is the objective attitude of the law to the obligation. These are perfect and imperfect obligations, which include the obligation to oneself and the obligation to others. The second criterion for the division of obligations is the subjective attitude to the obligated subject. The author emphasizes that the thinker also identifies the possibility of dividing the human obligations to oneself on the basis of objective and subjective criteria. According to objective criteria, obligations can be negative or positive. Negatives are those that mean only moral self-preservation. Positive obligations lead to self-improvement. According to subjective criterion, Kant divides obligations into those which concern only the human animal nature and those which concern man as a moral being. The article also draws attention to the philosopher's classification of human obligations to others into several subgroups: human obligations to others only as people; human obligations to others out of respect for them, which they deserve; human obligations to others in terms of their position. Human obligations to others only as to people are concentrated by the thinker around the phenomena of love and respect. Human obligations to others out of respect for them, which they deserve, are reciprocal, that is, the person, on the one hand, can demand respect from others, and on the other hand, this person must treat others with respect. Human obligations s to others in terms of their position should be seen not so much as obligations, but as rules that change depending on the subjects of the principle of virtue to the cases that occur in experience.

The article is the result of a study of the doctrine and practice of information obligations under French law, which initially did not recognize any broad information obligations. The development of this institution has been slow with the accumulation of doctrine and practice. There has been a gradual realization that solidarity, fairness and good faith require disclosure of information relevant to the decision to enter into a contract or implement a contract. Particularly noticeable was the expansion of information obligations in professional relationships. Much attention is paid to the doctrinal problem of defining information obligations using the necessary elements: material and psychological. Only the simultaneous presence of these elements on the debtor’s side and the absence of an inexcusable mistake on the creditor’s side testify to the presence of an information obligation. It is noted that one of the peculiarities of information obligations is the fact that, as a rule, the creditor learns about it when the obligation has already been violated. These examples of legislative regulation and court practice demonstrate the complexity of interaction between the institutions of error and fraud and the legal category of information obligations. The author of the article proposes to get acquainted with the generally accepted division of information obligations by chronological criterion and by the degree of content of the obligation. In general, it should be noted that this study will be useful for the beginning of the formation of the doctrine of information obligations, which is currently absent in Russian civil law.

The availability of consumer credit has led to the spread of debt obligations in modern Russia. Most families during marriage manage to acquire not only assets in the form of property rights, but also liabilities in the form of debt obligations. The issue of the legal regime of such debts during marriage has been resolved by the legislator, but the fate of the spouses’ common obligations in the event of a judicial division of property remains unresolved. The article discusses the emerging approaches to the regulation of common debt obligations in the case of the division of common property of spouses.

Divorces involve money, which can prompt fierce legal battles. These include family obligations for child support, alimony, and property division. Small income changes can have huge consequences. For example, a $1,000 income increase can result in $5,000 of increased family obligations. A $10,000 increase can produce $50,000 of obligations. Or a $10,000 decrease can result in $50,000 of reduced obligations.

В ходе осуществления фактов хозяйственной жизни в организации ежедневно происходят случаи возникновения, изменения и прекращения обязательств. Обязательства организации являются важнейшим элементом бухгалтерской финансовой отчетности. Несмотря на кардинальные преобразования в системе стандартов по бухгалтерском учету и их сближение с международными стандартами имеются нерешенные вопросы в отношении обязательств организации. В статье приведены результаты исследования использования в научной и специальной литературе понятия «обязательства организации», классификационные признаки их деления. В процессе исследования выявлены различные подходы трактовки обязательства, рассмотрены и систематизированы их классификационные признаки. In the course of implementing the facts of economic life in organization, daily cases of occurrence, change and termination of obligations occur. Obligations of organization are essential element of financial statements. Despite the dramatic changes in accounting standards system and their convergence with international standards, there are outstanding issues regarding the organization's obligations. Article presents the results of study of the use in scientific and special literature of concept of «obligations of organization», classification characteristics of their division. Study revealed various approaches to the interpretation of obligation, considered and systematized their classification characteristics.

In the Law on Obligations, in the part that regulates invalidity of contracts only void and voidable contracts are mentioned. However, domestic theory often speaks of the further division of the void contracts to inexistent contracts and void contracts in the narrow sense. While some deny any practical significance to this division, others point out the necessity of its existence. The paper analyzes the perceptions of domestic authors on this division, the arguments made in favor of distinguishing nonexistent from void contracts, as well as the rules of the Law on Obligations, in order to examine the need for nonexistent contracts as a special type of invalid contracts.

This paper analyzes the results of court decisions on the application of jurimetric formulations in the division of joint property as an effort of justice. Jurimetry can be used as an option when the division of joint property regulated in the Compilation of Islamic Law does not guarantee justice to the parties. Jurimetry emphasizes the division of joint property based on the implementation of the obligations and responsibilities of each party while bound by marriage, so that the use of jurimetry will provide a greater sense of justice. The focus of this article is how the jurimetry formulation of court decisions in cases of division of joint property and its relevance to the principles of justice. This article is a literature research with a normative approach. The source of data in writing this article is court decisions regarding joint property. The result is that the application of jurimetry in the division of joint property can provide more justice for the parties. Parties who do not carry out their obligations in full will have their rights to joint property reduced in accordance with their actions. Conversely, parties who carry out their obligations in full will get rights in accordance with their actions. If both parties carry out their obligations in full, then both are entitled to the same amount of joint property. The recommendation of the results of this writing is that the judge can use this jurimetric formulation as a consideration in handling joint property disputes. Keyword: Jurimetry, Joint Property, Justice and Legal Reform

A problematic issue in divorce is the division of debt obligations between spouses. In this study, the author proposes to consolidate the circumstances that need to be clarified by the court when dividing debt obligations upon divorce.

Thesis (MTech (Environmental Management))--Cape Peninsula University of Technology, 2018.
Worldwide, there is a growing about the protection of the environment while ensuring social and economic development for the benefit of the existing and forthcoming generation which pressures every person to take reasonable measures when conducting his/her business. Amongst the reasonable measures, there are environmental legislative provisions enacted by the international community, as well as locally, to regulate required actions for the protection of the environment. South Africa’s environmental legislation outlines ecologically sustainable development by making provisions in the Bill of Rights in the Constitution for everyone to take reasonable legislative measures to alleviate damaging impacts on the environment. International conventions have assisted South Africa and other countries worldwide in environmental protection, thus improving ecologically sustainable development. Eskom’s (the South African power utility) distribution department, referred to as the Company from here onwards, has established environmental objectives and commitments to prevent pollution, promote environmental reporting, comply with all the applicable environmental legislations and other relevant requirements to ensure performance is measured and continual improvement is achieved. The research used both quantitative and qualitative research methods to analyse environmental obligations and associated environmental liabilities of the Company to improve ecologically sustainable development. In order to answer the research questions and achieve the objectives, a set of questionnaires was distributed to sampled respondents; data were retrieved using SAP EH&S Incident Management software while independent variable (environmental obligation) and dependent variables (environmental liability and ecologically sustainable development) were identified. Site visits were also conducted. Furthermore, a correlation coefficient analysis test was calculated using Microsoft excel and a graph was used to illustrate the R-Square value. Positive (+1) relationship between variables was observed which indicates dependability of dependent variable to the independent variable. The research findings indicate that the environment can be safeguarded through understanding and implementing environmental obligations and environmental liabilities to protect the environment for the benefit of the current and future generations by improving ecologically sustainable development. South Africa (1998a) explained that the environment is held in public trust for the people, thus the beneficial use of environmental resources serves the public interest and the environment must be safeguarded as a common heritage. Therefore, anyone found to have contravened legislation will be held liable in the form of sanctions as stated in South Africa, (1998c). An environmental obligation is a duty of care imposed on the user, landowner or a person in control of the protection of the environment and, where protection is impossible, to remediate the impact for the benefit of contemporary and upcoming generations. This is reasonably in line with the principles of sustainable development and a continual improvement of environmental quality and services. There have been dependent variables in the research where both environmental liability and ecologically sustainable development are dependent on environmental obligations (an independent variable) being realised. For this reason, every person or institution should ensure that environmental obligations are understood, adhered to and ensure that ecologically sustainable development is achieved. The Company has undertaken business activities to ensure that electricity is distributed to a wider population, bearing in mind that the interaction may have negative impact on the environment. When any incident that degrades the environment occurs, the incident is reported and managed throughout its life-cycle. There are, however, cases where environmental obligations are not understood or implemented. There is a need to ensure that all people that undertake activities that have a negative impact on the environment, such as pollution of the environment, are properly trained to be able to identify such activities, set environmental objectives and management programmes. Additionally, monitor the implementation of those programmes to ensure that these objectives are met and to achieve ecologically sustainable development. Ecologically sustainable development is achieved when environmental obligations are adhered to and required environmental liabilities are implemented and monitored. SANS ISO 14001: 2015 is an Environmental Management System which can be implemented to help any company understand its business operations, identify environmental issues, find solutions and ensure that all environmental issues are addressed, and good environmental performance is realized.

The purpose of this research study was to investigate the phenomenon of the conflicting roles, such as parent, spouse, employee, caregiver, and community member/volunteer, associated with the lives of nontraditional college students and to reveal how these conflicting role obligations influence these students' persistence toward the attainment of an undergraduate degree. This study provides a brief history of adult education in the United States as well as the study context, a continuing studies division of a privately endowed research institution located in the southern United States. The participants in this study were nontraditional students who were also recent graduates of this continuing studies unit. This study drew upon the literature of nontraditional students in higher education, as well as literature on role theory, adult development theory, adult learning theory, and student persistence theory. This study used a phenomenological qualitative approach as a means of discovering the lived experiences of nontraditional students as these experiences relate to the conflicting roles of nontraditional students and their decision to persist toward the attainment of a bachelor's degree. Several important findings were discovered. In order to negotiate their conflicting roles, these students used several strategies as a means of helping them to balance their roles. This study also found several motivational factors that prompted nontraditional students to pursue a bachelor's degree at this time in their lives. The obstacles and challenges that these students confronted were also revealed, and in order to overcome these obstacles and challenges these students relied on several support systems. The reputation and prestige of this university was also found to be an important factor in the students' decision to attend college at this stage in their lives. Additionally, the various forms of assistance that this continuing studies unit provided encouraged students to persist.

L’opération par laquelle plusieurs personnes se répartissent un actif ou une dette est fréquente en droit privé. Ainsi faut-il, sans prétendre à l’exhaustivité, partager les indivisions, diviser les obligations, distribuer le bénéfice social, le bénéfice d’une saisie, le produit de la réalisation des actifs du débiteur en faillite. De ces opérations diverses, il est possible de tenter une approche transversale et unitaire. Les analyser isolément les unes des autres permet de disposer de la matière nécessaire pour construire une véritable théorie des distributions. Le concept de distribution peut émerger. Il est possible de lui associer un régime. La logique distributive, trop souvent occultée du droit privé, est ainsi dévoilée et ses enjeux en sont par conséquent mieux compris
It is usual that some people divide a good or a loss amongst them. For example, common property must be shared. Obligations are divided between creditors and debtors according to the Civil Code (article 1309). Partners divide up the profits and losses generated by their partnership. Creditors must split the profit earned by the seizure of their debtor goods, whether he is bankrupt or not. Of these various operations, a theory can be proposed. The concept of distribution can be erected and paired with rules common to all the operations matching with the concept. The distributive logic and distributive issues, long forgotten in private law, are thus uncovered

Il est devenu commun, pour la doctrine civiliste, de présenter la scène juridique par la summa divisio des droits réels et des droits personnels. Les premiers permettent aux personnes d'exercer leur domination sur le monde des choses, tandis que les seconds constituent des liens de droit entre personnes – des obligations. Si la structure du droit réel apparaît, ainsi, comme un lien direct entre une personne et une chose, celle du droit personnel souffre la présence d'un débiteur, contre lequel s'exerce le droit. La doctrine considère que cette opposition structurelle des droits réels et des droits personnels se traduit, concrètement, par une différence de régime au profit du droit réel : ce dernier serait supérieur au droit personnel, du fait, notamment, de la plus grande efficacité de son régime de protection. Or, la thèse donne d'abord l'occasion de constater que cette hiérarchie dans le régime de protection des droits réels et des droits personnels ne trouve aucun fondement en droit positif. En conséquence, dès lors que la différence de régime des droits réels et des droits personnels est présentée par la doctrine comme la traduction de l'opposition structurelle de ces droits, la pertinence de cette classification structurelle apparaît douteuse. Pour autant, la thèse conduira à la conservation de la summa divisio des droits réels et des droits personnels. Ce maintien requiert, néanmoins, de modifier le critère de distinction qui organise actuellement la summa divisio, à savoir la prétendue supériorité du droit réel sur le droit personnel. Le plan suivi pour cette démonstration est le suivant : I : L'origine de la summa divisio II : Les incohérences de la summa divisio III : La correction de la summa divisio
It has become common for civil law doctrinal writings to present the legal developments by a summa divisio of real rights and personal rights. The real rights allow persons to exercise their domination over the world of things, whereas personal rights constitute legal relationships between persons - obligations. Even if the structure of real right, thus, seems like a direct relationship between the person and the thing, personal right suffers from the debtor's presence against whom this right is exercised. The doctrinal writings consider that this structural opposition of real rights and personal rights is concretely interpreted as a difference in the regime to the benefit of real right: the latter would be superior to personal rights particularly because of the greater efficiency of its protection regime. However, the thesis first gives an opportunity to note that this hierarchy in the protection regime of real rights and personal rights has no basis in positive law. Consequently, when the difference between the real rights and personal rights regime is presented by the doctrinal writings as a structural opposition of these rights, the relevancy of such structural classification appears doubtful. However, the thesis will lead to the safeguarding of the summa divisio of real rights and personal rights. This nevertheless requires modifying the criterion of distinction that currently organizes the summa divisio, namely the alleged superiority of real right on personal right. The plan for demonstrating the above is as follows: I: Origin of the summa divisio II: Inconsistencies in the summa divisio III: Correction of the summa divisio

Le débat sur la justiciabilité des droits économiques, sociaux et culturels (c’est-à-dire le contrôle de leur mise en œuvre, plus précisément le contrôle des obligations étatiques qui découlent de ces droits) est en cours au sein de l’O.N.U. depuis 1945. Pourtant, les travaux préparatoires (notamment ceux de la Charte internationale des droits de l’homme et de la Charte européenne des droits de l’homme), les diverses évolutions internationales et régionales du régime juridique de ces droits, conséquences des nouvelles normes procédurales et des jurisprudences qui en découlent, offrent des ressources permettant que lesdits droits soient « justiciabilisés » ou « opposables » aux Etats. L’exploitation de toutes ces ressources aide à vider ce débat. C’est dans ce contexte qu’a émergé ; depuis 1997, un projet de Protocole facultatif au Pacte international relatif aux droits économiques, sociaux et culturels rédigé par le Comité qui a en charge le monitoring de ces droits. Nous avons revisité ce Protocole dans la perspective de passer d’un statut des droits économiques, sociaux et culturels virtuels à celui des droits concrets. / The United Nations are debating about the justiciability of the economic, social and cultural rights since 1945. The debate concerns the monitoring of the state’s obligations under the International convention on the economic, social and cultural rights. Since the creation of the United Nations, there is a need to strengthen legal protection of those rights. However, the « travaux préparatoires » concerning the Human rights International Charter and the Human rights European Charter, the internationals and regionals evolutions of their legal system lead to the justiciability of those rights. The exploitation of these resources and possibilities can help us to finish that debate. In this context, the Committee of economic, social and cultural rights has drafted, since 1997, an Optional Protocol to the International Covenant of Economic, social and cultural rights authorizing the monitoring of these rights. We have studied and revisited this Protocol so that the economic, social and cultural rights become not the virtuals rights but the concretes ones.

La première partie de l’étude est consacrée à l’invocation, intra et extra muros, du droit à un procès équitable. Sont analysés ainsi, dans un premier temps, l’applicabilité directe de l’article 6 et la subsidiarité de la Convention par rapport au droit national et de la Cour Européenne des Droits de l’Homme par rapport aux juridictions nationales. Le droit à un procès équitable étant un droit jurisprudentiel, l’étude se focalise, dans un second temps, sur l’invocabilité des arrêts de la Cour Européenne et plus précisément sur l’invocabilité directe de l’arrêt qui constate une violation du droit à un procès équitable dans une affaire mettant en cause l’Etat et l’invocabilité de l’interprétation conforme à l’arrêt qui interprète l’article 6 dans une affaire mettant en cause un Etat tiers. L’introduction dans l’ordre juridique français et hellénique de la possibilité de réexamen de la décision pénale définitive rendue en violation de la Convention a fait naitre un nouveau droit d’accès à la Cour de cassation lequel trouve son terrain de prédilection aux violations de l’article 6 et constitue peut-être le pas le plus important pour le respect du droit à un procès équitable après l’acceptation (par la France et la Grèce) du droit de recours individuel. Quant au faible fondement de l’autorité de la chose interprétée par la Cour Européenne, qui est d’ailleurs un concept d’origine communautaire, cela explique pourquoi un dialogue indirect entre la Cour Européenne et la Cour de cassation est possible sans pour autant changer en rien l’invocabilité de l’interprétation conforme et le fait que l’existence d’un précédent oblige la Cour de cassation à motiver l’interprétation divergente qu’elle a adoptée.La seconde partie de l’étude, qui est plus volumineuse, est consacrée aux garanties de bonne administration de la justice (article 6§1), à la présomption d’innocence (article 6§2), aux droits qui trouvent leur fondement conventionnel dans l’article 6§1 mais leur fondement logique dans la présomption d’innocence et aux droits de la défense (article 6§3). Sont ainsi analysés le droit à un tribunal indépendant, impartial et établi par la loi, le délai raisonnable, le principe de l’égalité des armes, le droit à une procédure contradictoire, le droit de la défense d’avoir la parole en dernier, la publicité de l’audience et du prononcé des jugements et arrêts, l’obligation de motivation des décisions, la présomption d’innocence, dans sa dimension procédurale et personnelle, le « droit au mensonge », le droit de l’accusé de se taire et de ne pas contribuer à son auto-incrimination, son droit d’être informé de la nature et de la cause de l’accusation et de la requalification envisagée des faits, son droit au temps et aux facilités nécessaires à la préparation de la défense, y compris notamment la confidentialité de ses communications avec son avocat et le droit d’accès au dossier, son droit de comparaître en personne au procès, le droit de la défense avec ou sans l’assistance d’un avocat, le droit de l’accusé d’être représenté en son absence par son avocat, le droit à l’assistance gratuite d’un avocat lorsque la situation économique de l’accusé ne permet pas le recours à l’assistance d’un avocat mais les intérêts de la justice l’exigent, le droit d’interroger ou faire interroger les témoins à charge et d’obtenir la convocation et l’interrogation des témoins à décharge dans les mêmes conditions que les témoins à charge et le droit à l’interprétation et à la traduction des pièces essentielles du dossier. L’analyse est basée sur la jurisprudence strasbourgeoise et centrée sur la position qu’adoptent la Cour de cassation française et l’Aréopage
The first party of the study is dedicated to the invocation of the right to a fair trial intra and extra muros and, on this basis, it focuses on the direct applicability of Article 6 and the subsidiarity of the Convention and of the European Court of Human Rights. Because of the fact that the right to a fair trial is a ‘‘judge-made law’’, the study also focuses on the invocability of the judgments of the European Court and more precisely on the direct invocability of the European Court’s judgment finding that there has been a violation of the Convention and on the request for an interpretation in accordance with the European Court’s decisions. The possibility of reviewing the criminal judgment made in violation of the Convention has generated a new right of access to the Court of cassation which particularly concerns the violations of the right to a fair trial and is probably the most important step for the respect of the right to a fair trial after enabling the right of individual petition. As for the weak conventional basis of the authority of res interpretata (“autorité de la chose interprétée”), this fact explains why an indirect dialogue between the ECHR and the Court of cassation is possible but doesn’t affect the applicant’s right to request an interpretation in accordance with the Court’s decisions and the duty of the Court of cassation to explain why it has decided to depart from the (non-binding) precedent.The second party of the study is bigger than the first one and is dedicated to the guarantees of the proper administration of justice (Article 6§1), the presumption of innocence (Article 6§2), the rights which find their conventional basis on the Article 6§1 but their logical explanation to the presumption of innocence and the rights of defence (Article 6§3). More precisely, the second party of the study is analyzing the right to an independent and impartial tribunal established by law, the right to a hearing within a reasonable time, the principle of equality of arms, the right to adversarial proceedings, the right of the defence to the last word, the right to a public hearing and a public pronouncement of the judgement, the judge’s duty to state the reasons for his decision, the presumption of innocence, in both its procedural and personal dimensions, the accused’s right to lie, his right to remain silent, his right against self-incrimination, his right to be informed of the nature and the cause of the accusation and the potential re-characterisation of the facts, his right to have adequate time and facilities for the preparation of the defence, including in particular the access to the case-file and the free and confidential communication with his lawyer, his right to appear in person at the trial, his right to defend either in person or through legal assistance, his right to be represented by his counsel, his right to free legal aid if he hasn’t sufficient means to pay for legal assistance but the interests of justice so require, his right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him and his right to the free assistance of an interpreter and to the translation of the key documents. The analysis is based on the decisions of the European Court of Human Rights and focuses on the position taken by the French and the Greek Court of Cassation (Areopagus) on each one of the above mentioned rights

The distinction between obligations of means and obligations of result first arose in the French legal order, having been gradually accepted afterwards in other legal orders, including the Portuguese. However, the incorporation of the means/result dichotomy in our country was not immediate and there are still some that reject it. Still, most of the national academic writings and judicial decisions lean towards accepting this distinction. The acceptance of this summa divisio of private obligations doesn’t ignore the legal consequences it entails. One of them, which will be dealt with here, relates to the problem of the allocation of the burden of proof in contractual liability which, in broad strokes, is defined as: if the case concerns an obligation of result, the guilt of the debtor in the breach of the obligation is legally presumed via the application of article 799, para. 1, of the Portuguese Civil Code; however, if the case concerns a breach of an obligation of means, the creditor would be responsible of demonstrating the debtor guilt, without the application of said article 799, para. 1, of the Civil Code. The objective of this dissertation is to assert if the means/result dichotomy may or must influence the allocation of the burden of proof of guilt in private contractual liability procedures. To that effect, we opted to use the example of medical liability concerning the breach of the doctor’s contractual obligations in a doctorpatient contractual relationship, due to a recent increase in accountability of liberal professionals. This is a prime example of obligations of means.
A distinção entre obrigações de meios e obrigações de resultado surgiu, pela primeira vez, no sistema jurídico francês tendo sido, posterior e gradualmente aceite por outros ordenamentos jurídicos, onde se inclui o português. Porém, a adopção desta dicotomia meios/resultado no nosso país não ocorreu de forma automática, havendo aliás quem a rejeite. Contudo, a generalidade da doutrina e da jurisprudência nacionais tendem a aplicar esta distinção. A aceitação desta summa divisio obrigacional não ignora as consequências que a sua adopção acarreta. Uma delas, que será aqui tratada, relaciona-se com a problemática do ónus da prova de culpa na responsabilidade contratual pelo não cumprimento das obrigações que, em traços gerais, se define da seguinte forma: se em causa estiver uma obrigação de resultado, presume-se, sem margem para dúvidas, a culpa do devedor por aplicação do art.º 799 n.º 1 do Código Civil; porém, tratando-se do não cumprimento de uma obrigação de meios, ficaria o credor encarregado de provar a culpa do devedor, não se aplicando a estas o referido ar.º 799 n.º1 do C.C. Ou seja, cumpre saber se a distinção entre obrigações de meios e obrigações de resultado pode ou deve influenciar a distribuição do encargo da prova de culpa nas acções de responsabilidade civil contratual. Para o efeito, optámos por usar os casos da responsabilidade do médico pelo incumprimento contratual perante o paciente, devido à recente e crescente responsabilização pelo exercício das profissões liberais. Tratase do caso paradigmático associado às obrigações de meios.

This dissertation interrogates the deficit assumptions about English proficiency of skilled immigrants who were recruited by Canadian governments between the late 1990s and early 2000s. Through the lens of literacy as social practice, the eighteen-month ethnographic qualitative research explores the sequential experiences of settlement and economic integration of seven well-educated Chinese immigrant professionals. The analytical framework is built on sociocultural approaches to literacy and learning, as well as the theories of discourses and language reproduction. Using multiple data sources (observations, conversational interviews, journal and diary entries, photographs, documents, and artifacts collected in everyday lives), I document many different ways that well-educated Chinese immigrants take advantage of their language and literacy skills in English across several social domains of home, school, job market, and workplace. Examining the trans-contextual patterning of the participants’ language and literacy activities reveals that immigrant professionals use literacy as assistance in seeking, negotiating, and taking hold of resources and opportunities within certain social settings. However, my data show that their language and literacy engagements might not always generate positive consequences for social networks, job opportunities, and upward economic mobility. Close analyses of processes and outcomes of the participants’ engagements across these discursive discourses make it very clear that the monolithic assumptions of the dominant language shape and reinforce structural barriers by constraining their social participation, decision making, and learning practice, and thereby make literacy’s consequences unpredictable. The deficit model of language proficiency serves the grounds for linguistic stereotypes and economic marginalization, which produces profoundly consequential effects on immigrants’ pathways as they strive for having access to resources and opportunities in the new society. My analyses illuminate the ways that language and literacy create the complex web of discursive spaces wherein institutional agendas and personal desires are intertwined and collide in complex ways that constitute conditions and processes of social and economic mobility of immigrant populations. Based on these analyses, I argue that immigrants’ successful integration into a host country is not about the mastery of the technical skills in the dominant language. Rather, it is largely about the recognition and acceptance of the value of their language use and literacy practice as they attempt to partake in the globalized new economy.

The manual allows the reader to quickly navigate the regulations on labor protection; check whether all labor protection requirements are observed in the organization, and if necessary, study these requirements in detail and consider examples of the practical application of regulations. The use of the information contained in the manual on obligations in the field of labor protection, legal risks, and available opportunities for financing labor protection measures opens up opportunities for the employer to increase the efficiency of production activities. The book is supplied with an electronic appendix with forms of all documents necessary for the organization of labor protection. The publication is intended for employees of personnel services, labor protection specialists, heads of structural divisions of enterprises; it can be used by students of various specialties and directions for training in educational disciplines related to labor protection and HRM.

This book describes the expansion of EU power in health care and public health and analyses the implications of this expansion on EU health values and rights. The main conclusion of the book is that the EU is de facto balancing fundamental rights and values relating to health, implicitly taking on obligations for safeguarding fundamental rights in the field of health and affecting individuals’ rights sometimes without an explicit legal competence to do so. This brings to light instances where EU health policy has implications for fundamental rights and values without the possibility to challenge the exercise of power of the EU in human health. This begs the question of whether subsidiarity is still the most relevant legal principle for the division of powers and tasks among the Member States, particularly when EU policy and law involves the politically sensitive areas of health care and public health. This question draws out the parameter for continuing the debate on the role of the European Union in promoting its own values and the wellbeing of its peoples, in light of its ever-growing role in human health issues.

The organizing principle of Immanuel Kant’s political philosophy is that each person has a basic right to equal freedom. This principle poses a challenge to the very possibility and purpose of sovereignty. It poses a challenge for the possibility of sovereignty because that idea divides persons into rulers and ruled and empowers the former to change the normative situation of the latter by conferring rights, powers, and immunities, or even imposing coercible obligations. But if each person has a right to equal freedom, how could sovereignty—with its attendant division of persons into ruler and ruled—be possible? Kant’s answer is that sovereignty is possible because it is constitutive of the condition in which private persons interact with one another on terms of equal freedom. Such an approach gives Kant resources both to explain how sovereignty can be justified to those bound by it and to deny that every organization that has a monopoly on violence exercises sovereignty. The right to equal freedom also has significant ramifications for thinking about the kinds of purposes that sovereign power may serve. Implicit in the justification of the sovereign’s right to exercise public authority is an overarching duty to bring the legal order as a whole into the deepest possible conformity with its own animating principle, equal freedom. Thus, Kant’s account of how sovereignty is possible culminates in an account of the duty that accompanies its exercise.

The Inca Empire extended across myriad Andean environments where indigenous peoples had previously developed diverse, locally sustainable practices of agricultural intensification and land modification. Inca expansion disrupted these indigenous landscapes by introducing new laborers, tribute obligations, and land divisions. Many Inca agricultural facilities, such as state farms and estates, were primarily designed to satisfy the demands of the imperial nobility and military, and introduced social contradictions between state officials and commoners that reshaped Andean landscapes. Some subject populations withstood or even resisted Inca domination by continuing traditional farming practices despite the development and implementation of state agrarian infrastructure.

This book argues that external actions of the European Union result in an acceleration of national politics being locked into a tightening net of EU law. It brings to light the -hidden effects of EU external actions on, for example, the interpretation of organizational principles, pre-emption, and international obligations of the Member States. It then connects these effects to the broader debate on the democratic crisis, by engaging with the basic structures of the EU legal order and the Union’s relations with its citizens. The focus of this book is on the ‘outside-in’ effects of EU external relations. More specifically, the book sheds light on how the Union’s external actions affect the power division between the EU and its Member States, the structures that shape the relationship between the Union and its citizens, as well as the autonomy, effectiveness, and legitimacy of EU law. It examines, for example, the interpretation and potential of organizational principles, such as loyalty, subsidiarity, primacy, and coherence, in the context of external relations. It analyses how the choice of an external legal basis affects Member States’ powers. It traces how the European Parliament represents EU citizens in external relations. The book then analyses these legal findings through the lens of ‘structure of bonding’, that is, basic structures that have the potential to frame and affect the Union’s relations with its citizens. It shows how bonding structures could be used to justify that the Union takes external actions, including where they constrain Member States.

AbstractIn this chapter, an analysis is undertaken of the division of legislative power in the space created by the GDPR, regarding the balancing of individual rights, the public interest and biobank research. The legislative competences of the EU, international obligations within bioethics, and the regulatory space left for Member States are all examined. The conclusion of the chapter is that in spite of the aim of the GDPR to further legal harmonisation, it is more likely that unity will be brought about through administrative cooperation and soft law tools.

AbstractThis chapter focuses on Franklin D. Roosevelt’s Fireside Chats (1933–1944). It zooms in on the case of a president directly addressing the people, seeking to foreground their active participation. Roosevelt’s broadcasts, a series of thirty-one radio speeches heard by a majority of Americans between 1933 and 1945, transformed institutional tasks and obligations into a highly exciting conversation. In a world of competing political rhetoric and much division, and in the middle of the Great Depression, these radio chats put the power of change in every American’s hands by making them feel a new sense of confidence and trust in the federal government. Even those who were not directly helped by Roosevelt’s ‘New Deal’ legislation wrote to him to say how his words and images had converted their anxiety, grievance, and fury into courage and hope. They promised to do all they could to help him and the country, a commitment that served to boost morale and further unite the country during the Second World War. The particular style and means of Roosevelt’s emotional templates were informed by his personality as a politician, his philosophy of democracy, and the medium of radio itself.

AbstractThe regime of obligations arising under insurance relationships, as expressed in Art. 7 of the Rome I Regulation is, however, relatively complex. The criticism seems legitimate of academic authors who quite clearly express their negative attitude to the wording of that provision, calling it a “labyrinth” or even “pandemonium of international law.” As a result of the not particularly transparent nature of that regime, it can be doubted if in all situations the “weaker party” was afforded due protection. Negative answer to that question prompts a search for other solutions which allow to achieve the effect of conflict of laws designation of a law giving effect to the postulate of protecting the weaker party to the insurance relationship. The purpose of the study is to indicate, in the first place, the existing criteria of the division into public law and private law in the context of private international law. The second purpose is to analyze the phenomenon of mutual interpenetration of private and public law in the private international law of insurance contracts. The purpose of considerations was to indicate the mutual interpenetration between EU provisions of public and corporate law, as well as the impact of national provisions of the same type on private international law.

The conclusion of contracts was known in ancient times and is still relevant today. Shares that are not distributed in kind can cause certain difficulties that force the interested parties to decide on distribution.Joint ownership of inherited property received from a family member necessitates joint decision-making on its maintenance, ownership, use, and disposal, and it is difficult to achieve such a consensus on all issues. Therefore, quite often a certain period may pass from the acquisition of the right to a share in the joint property to its distribution, but due to conflicts regarding the use of the property or in the case of the need to receive funds or for other reasons, the joint property is divided by the co-owners. That is, the reasons may even be questions of how to use agricultural land, for example, to rent it out, sow it yourself, plant a garden, etc. However, the complexity of the division of land plots is because it is difficult to «divide» agricultural lands at least. After all, their intended use depends on the size, etc. Quite often, disputes also arise regarding the use of residential buildings, since the size and location of the rooms make their use impossible or difficult, as well as the distribution in kind according to the inherited shares. In other words, there is a certain «trading» of assets. If the situation is related to the distribution of a small plot of land where the house is located, then questions also arise regarding the establishment of an easement, as well as mutual concessions for the compensation of a part of the house in exchange for most of the land. In general, there are protracted negotiations, from the point of view of which these parties, who are still in a family relationship, agree on the division of property.Factors that can affect the outcome of property division include unique family circumstances, the specific nature of assets, and traditional legal practices. The parties will use different mechanisms for the division of joint assets: sale, donation, or exchange, under the terms of which they «trade» with the consent of others their rights as co-owners of jointly owned objects. The various evolutionary stages of the agreement on the division of property by the testator’s family culminate in the final stage of agreeing. The agreement on the division of inheritance is a complex legal process. Potentially, in a single transaction, the beneficiaries can choose and implement the division by sale, exchange, or donation. These different legal constructions reflect the uniqueness of the decisions in each agreement and to some extent demonstrate the specific legal practice of the individual Old Babylonian city-state and the particular circumstances of each family.However, in addition to the division of property, there are other agreements regarding the division of inheritance. For example, an agreement on quasi-partition upon adoption (quasi-adoption), an agreement on the division of residential property by the owner between its future beneficiaries.The need to conclude such agreements arises when an agreement on the division of property is required, which differs from such concepts as sale, donation, exchange, etc.Domestic scientists consider the agreement on the distribution of joint property very broadly and include other types of agreements in the list of such agreements, establishing that the agreement on changing the succession of the right to inheritance by law is atypical. It was determined that the contract under investigation belongs to contracts on the distribution of inheritance. Agreements on the distribution of inheritance are concluded in the field of inheritance, which indicates that they belong to inheritance agreements. It is proposed to supplement the existing classifications of civil law contracts by distinguishing a new type of civil law contracts – contracts in the law of inheritance on the level with the selection of a new type of inheritance contracts – contracts on the distribution of inheritance.» This is a bold hypothesis, but it is difficult to agree with it for various reasons, not least because the distribution of inheritance has been known since ancient times.The factor that the term «distribution» of inheritance and giving it a broad legal meaning is analyzed is an interesting author’s hypothesis. At the same time, according to our position, the term «distribution of inheritance» is more balanced, since in Art. 1278 of the Civil Code does not quite successfully use the term «division», when in the content of this norm it is about the equality of shares in the inheritance and the allocation of a share in kind, and not about division. However, in Part 1 of Art. 1280 of the Civil Code, the term «distribution» is used with a direct meaning and «redistribution» as an opportunity to review the results of the distribution under new circumstances – in the case of acceptance of the inheritance by other heirs. In essence, the obvious meaning of the term «distribution» follows from this norm as the initial determination of the ownership of the share of each of the heirs. In this sense, the redistribution of the inheritance should be connected with the possible introduction of changes to the previously made distribution, that is, in this case, we do not limit the number of subsequent redistributions of the inheritance. This hypothesis is related to the fact that the number of heirs who missed the deadline for valid reasons is not limited by legislation and cannot be limited, but is determined by various legal circumstances.Therefore, it is hardly expedient and possible, to apply in Art. 1280 of the Civil Code, the concept of «distribution» should be given a wider meaning than it has in the Civil Code, as this would lead to its ambiguous perception and application both in theory and in legislation and practice. Usually, theoretical terms should be distinguished by being original and should accurately reflect the legal meaning of actions, events, or conditions.But an important element of the procedure for the distribution of common inheritance property or its redistribution are the subjects who must fix the relevant agreement or carry out such distribution according to their conviction.It is indicated that the practice of concluding contracts by the living owner with his future heirs is widespread in foreign countries. At the same time, German experts equate inheritance with what they consider to be contractual inheritance.It should be noted that the practice of concluding contracts on the distribution of inheritance in the practice of the Ukrainian notary is relatively new and does not have clear boundaries in regulation, which complicates the activity of notaries in certifying such contracts. There are several difficulties in the application of relevant legal norms in practice, as there is a lack of understanding of the legal nature and essence of the conclusion of contracts, the term of conclusion, and the procedure for notarization.The opinions of individual authors are studied, about legal relations regarding the division of inheritance characterized by a weak state policy, this obliges the participants of such relations to draw up the content of agreements on the division of inheritance independently. For agreements between heirs on the distribution of inheritance to be valid regulators of the relations of its participants (heirs), conditions (clauses) must be clarified and formulated, which will be disclosed with sufficient completeness and consistency of the content of the relevant agreement and the purpose of its conclusion.We do not agree with this point of view of the scientist regarding «weak state policy», since the Central Committee of Ukraine was not created by politicians or the Ministry of Justice of Ukraine, but by leading scientists of Ukraine. It is also difficult to agree with the statement that the lack of clear regulation of the terms of inheritance contracts «obliges the participants of such relationships to independently draw up the content of inheritance distribution contracts.» In Ukraine, some good notaries and lawyers can draw up high-quality contracts for the distribution of inheritance. Moreover, according to Art. 4 of the Law of Ukraine «On Notaries», notaries have the right to draw up relevant draft contracts. In our opinion, it is worth emphasizing here that this is a right, not a duty of a notary public. That is, the notary may not undertake the drafting of the relevant project, but this provision is positive for interested parties since the lack of experience in drafting original contracts will most likely lead to the drafting of a low-quality draft contract. Indeed, in this case, it is worth looking for an experienced notary who will be able to draw up a draft contract, but this will make it possible to prevent errors in its drafting with a high probability.Thus, the agreement on the distribution of inheritance enters into force if the parties reach an agreement in the proper form on all the essential terms of the agreement. The main essential condition for agreeing on the division of inheritance is the subject of the agreement. However, either party may consider this condition insufficient and propose to include additional conditions in the contract. In this case, these conditions become essential. In connection with the instability of the regulation of the content of contracts between heirs on the distribution of inheritance, it can be concluded that the inclusion of normal conditions in the contract is currently impossible. We believe that such a general scheme of perception of contract terms is not entirely rational, since how to perceive ordinary terms or essential terms of a contract quite often in practice depends on the judgments of the parties to the contract unless otherwise regulated by legislation. This issue can be approached more precisely if we take into account the possibility of interpreting transactions and contracts (Article 213 of the Civil Code).So, based on the essence of the process of concluding contracts, it should be taken into account that the notary who drafts the contract can edit it, therefore it is worth recognizing the right of the notary to interpret it, since according to Art. 5 of the Law of Ukraine «On Notaries», he is obliged to clarify the legal consequences that will arise for persons after his certification. It follows from this that the notary must be given the official right to interpret the contract upon its certification, then it will be clear that after its certification, the court can interpret the content of the contract. In this regard, Art. 213 of the Civil Code is proposed to be supplemented with a corresponding provision regarding the powers of the notary, namely: his duty to interpret the content of the deed or contract before and during its certification.The Inheritance Regulation, which envisages wide acceptance of the inheritance contract, is considered. It is noted that it is worth revising Ukrainian inheritance law in advance for compliance with European standards since after Ukraine accedes to the EU it will be necessary to inform all EU countries about what types of contracts in Ukraine will be related to the issuance of the European Certificate of Succession.This is also important for inheritance by law, because, in case of non-fulfillment of the terms of the lifetime maintenance (care) agreement and the inheritance agreement, they will have to be terminated or recognized as invalid or unfulfilled by the acquirer, so the property that was the subject of this agreement will be inherited by law. At the same time, if the terms of these agreements are fulfilled, the part of the property that belonged to the testator will not be inherited but will become the property of the acquirers.The process of accepting the inheritance is quite long, and the inheritance law allows for several agreements between the heirs, which can significantly affect the size of the inheritance shares and the real things in each share in the inheritance. Therefore, it is necessary to analyze the possibility of agreements between the heirs at different stages of accepting or not accepting the inheritance. From communication with one of the clients, the author learned that the notary unofficially advised the heirs to agree on the distribution of the inheritance, as well as for certain heirs to waive the right to inheritance, but to receive a proper share of the inheritance in household items. When the author was informed of all the circumstances of the inheritance case, it became clear that the notary could not solve the complex inheritance problem, since the inheritance took place based on a will and some heirs had the right to a mandatory share, as well as part of the property remained. So, in such a situation, it was necessary to solve an arithmetical and at the same time legal problem, the complexity of which was determined by the complex subject composition of numerous heirs. Therefore, the notary tried to simplify its solution by artificially «transforming» the heirs who have the right to a mandatory share into ordinary heirs who claim property that is not subject to recording in the certificate of the right to inheritance.A natural will was considered, when the testator bequeathed the specific property to each of the heirs, namely: a house to a daughter, a factory to one son, and a yacht to another let’s say. In such a case, the will of the testator is formulated in the Shodo of the objects of inheritance, so it is difficult to perceive the consequences of the refusal of one of the heirs to inherit, when the yacht will be divided into equal shares between the son and the daughter, because: firstly, the value of the factory and the house will be different, so someone from the testator gave the children a larger inheritance than the other. Secondly, in the case of the existence of a part of the inheritance not covered by the will, it can be assumed with a high degree of probability that the will of the testator was formulated about a certain property and nothing more. Therefore, in case of refusal of one of the heirs to inherit under the will, the property bequeathed to him should be considered as not covered by the will and should be inherited according to the law. That is, if the will of the testator regarding the entire property is revealed, it can be assumed that he thus intended to deprive one of the heirs of the right to inheritance.At the same time, the will must be interpreted not only by the heirs under the will but also by the heirs under the law, when its content concerns the right to a mandatory share in the inheritance, which belongs to the heirs under the law of the first rank, who due to incapacity have the right to claim it, as well as the recipients of the response. With a high degree of probability, it can be assumed that the inheritance, which consists of household items, will be divided even without a written agreement. However, the interpretation of a will, which concerns a substantial inheritance between a significant number of heirs, requires not only a written form of recording of agreements – a contract, but also, in our opinion, a notarial form that will allow recording the agreement more reliably, to explain to the parties to the contract the consequences of its conclusion. If all interested parties sign the agreement, and the notary recognizes it as legal, then it will be difficult to recognize it as illegal or invalid in the next one. Therefore, the agreement on the interpretation of the will, which will establish the specific rights of the heirs and their obligations regarding the coverage of the testator’s debts, is a rational form of specification of the terms of the inheritance, which will allow establishing the executor of the will, if he was not determined by the testator.We can assume with a high degree of probability that similar «simplified calculations» are made by other notaries, as well as directly by the heirs, and certain agreements are not necessary here.

AbstractThis chapter deals with the last type of work distinguished in the beginning of the book—domestic work. Domestic work is often perceived as the most undesirable type of work. I describe here different attitudes of men and women to domestic work. My analysis shows great gender inequalities. Men are still perceived as helpers of women, whereas women are overwhelmed with the obligation to manage everyday life of their families. I distinguish different strategies used by men to avoid domestic duties, as well as women’s attitudes to them. The chapter deals also with the concept of fairness. I show how parents define fairness and I argue that fairness does not have to mean equality in the division of domestic work. The chapter finishes with the strategies of reducing the number of hours devoted to domestic duties. It shows how that economic inequalities cannot be ignored when discussing this issue, as well as various situations of single and coupled parents.

This chapter starts by outlining some of the changes in society that have driven the development of the law on disputes regarding the family home. When a family is living happily together, there are unlikely to be disputes about the ownership of the family home. However, where the relationship fails, or one of the parties dies, the division of assets—including the family home—can be a deeply divisive issue. Where a couple are married, their dispute can often be resolved through the divorce legislation. Even then, the chapter shows how equity may have a part to play.

This chapter starts by outlining some of the changes in society that have driven the development of the law on disputes regarding the family home. When a family is living happily together, there are unlikely to be disputes about the ownership of the family home. However, where the relationship fails, or one of the parties dies, the division of assets-including the family home-can be a deeply divisive issue. Where a couple are married, their dispute can often be resolved through the divorce legislation. Even then, the chapter shows how equity may have a part to play. It also looks at the current state of the law. Most of the cases taken up in this chapter involve cohabiting (rather than married) couples and the family home.

The author, analyzing the institutional and doctrinal aspects of the budgetary - fiscal sector as one of the central areas of the financial component of the national economy, which constitutes both a source of financial risks – the risks of the financial security of the state, as well as the area of manifestation of internal and external risks, aims to formulate the methodological content of the concept of financial risks in the field of budgetary and fiscal relations, as well as to examine the diversity of types and forms of their appearance and manifestation. The methodological basis of the study is the general methods of scientific research (analysis, synthesis, induction, deduction) as well as the specific methods of scientific knowledge (division and decomposition of results, grouping, comparison according to a predetermined level and special comparisons). As a result of the study, we can define the financial risks in the field of budgetary and fiscal relations as an economic-financial category that expresses the probability of the appearance of factors (events, acts, etc.) that can determine the deviation of the actual values of the budgetary and fiscal indicators from the planned ones, as well as the non-execution or improper execution of the budget and fiscal procedures established in the budget process. The article highlights the criteria for classifying the risks in the field of budgetary and fiscal relations and determines them according to the essential characteristics of this field (the risks of the budgetary-fiscal system and the risks of the budgetary process), the legal nature of the relations within this field (risks of property relations and risks of administrative and managerial relations), the legal form of the relations within this field (the risks of payment obligations and the risks of fiscal obligations), the form of manifestation (quantitative, measured in monetary units, and qualitative, expressed in the violation of budget procedures), the degree of complexity (explicit, implicit).

Modern society increasingly adopts the products of companies, institutions, and organizations that provide credit services in order to meet its needs and improve general quality of life, as a result of which, when terminating a marriage, questions of a mandatory nature often arise, related to the determination of the nature of the obligations of the spouses and their division between the spouses, hence in divorce cases it is not uncommon for a third party to appear – a creditor whose interests must also be protected. In family relations cases, the protection of the public interest dominates, because the protection of the legal interests of the spouses as well as the creditors must be guaranteed, also the proportionality of the protection of the legal interests protected by the law between the parties has to be achieved, because everyone has the right to defend their violated rights, and the state must ensure the protection of these legal interests. The article discusses the protection of creditors in the divorce process in the countries of the European Union, Estonia, Latvia, Slovenia, Luxembourg, in which legal systems the possibility of ending a marriage out of court exists, also the assumptions made in the national legal acts and their application practice, ensuring the protection of creditors and distinguishing its implementation problematic aspects in the civil process, are assessed, as well as the analysis of the Republic of Lithuania’s 2023 January 1 amendments to the Civil Code related to divorce outside of court entered into force is performed.

Real property, and its systems of landholding and land division, is virtually everywhere. As a fundamental infrastructure to territories and cities, property shapes, in great part, social relations, development, and spatial transformation. As designers always work in the context of a property system, it is important to have frameworks that allow them to interpret and understand how property operates, systemically and in the context of any given site. Furthermore, if they are to intervene in such systems, design methodologies are also needed. This project aims to provide such tools, emphasizing how social and environmental interdependence can facilitate the practice of property beyond the status quo. The terms “property” and “ownership” are often used interchangeably. The latter is less flexible, however, because, with “ownership,” there is little agency for anyone but the owner. This project builds on a concept that recognizes a wider set of stakeholders, and may give designers leverage: the interest. Interests include all the relations, stakes, obligations, and rights that an entity may have in land. Interests account for the many ways in which actors are involved in property, whether they own or don’t. The advantage of interpreting property through interests is that they capture varying degrees of interdependence, access, and ways of conceiving property boundaries. Through five scenarios, this project outlines a design approach working with property’s spatial and relational dimensions. Each scenario explores how property lines can interact with various kinds of interests, terms of collective use, land policy, and ecological and social relations. In this framework, designers may gain agency in tapping into the power that property mediates and tackling environmental change, housing affordability, and spatial segregation.

The provincial protector of citizens - ombudsman (in the following text PZGO) has noticed the need for a change in the approach of institutions to the problem of domestic violence since its establishment. Working on the complaints of citizens, it became clear that there were omissions in the work of the competent institutions, especially when dealing with cases of domestic violence. The reasons for those omissions and errors in acting of institutions are rather different: inadequate personnel training, attitudes and prejudices of employees in institutions that come from entrenched traditionalist patterns of division of gender roles, to untimely response to deviant behavior in general amid lack of interest in actions and inadequate performance of work tasks in general . The consequences of such bad and inadequate treatment were manifold. One of the more serious consequences is creating an image in the public that committing violence in this sensitive sphere of domestic violenceis acceptable and permissible. The mild penal policy did not contribute to the whole milieu of the problem, nor did the absence of appropriate mechanisms to help and support victims of domestic violence. The vagueness and opposition of the regulations, and the insufficient coverage of various behaviors that qualify as domestic violence, as well as the absence of institutional mechanisms and obligations to respond in such situations, have created an extremely dangerous area, increased distrust in the institutions, and created a climate of fear. In the paper, the authors present an example of good practice, created even before the Law on the Prevention of Domestic Violence from 2016, resulting from the work of the PZGO. It is a network of institutions focused on work and assistance to victims of domestic violence and prosecution of perpetrators of violent crimes, called "Life without violence", which was founded in 2005.

The article presents selected results of the analysis of a sample of voluntary associations of municipalities, which was carried out in connection with the elaboration of the methodology of well-functioning associations by the Czech Ministry of the Interior. Multipurpose voluntary associations operating in a functional micro-region identical or similar to the ORP territory (territory of municipalities with extended power) were examined. The formal aspects of their functioning, managerial models, methods of communication, value aspects, etc. were examined. This article focuses on the first examined area, ie. the formal aspects of the functioning of associations. It is based on a formal analysis of the founding documents and articles of association, their comparison and assessment. The information was subsequently verified in the form of controlled interviews with representatives of the unions. The survey shows that the variability in the setting of organs and relationships within the bundles is not significant, it concerns only some roles and names (designations) of organs. I.e. all the associations examined showed the same similar features in terms of the division of tasks between the supreme and executive bodies. Partial differences were identified in the relationship between the highest and the executive body (within the scope of the tasks that were delegated), in the way of recruiting new members, and the sanction of the member community in case of non-fulfillment of obligations. The chairman always represents the association externally. He himself, or in cooperation with the secretary or his deputy (occasionally) participates in organizing the operation of the association. Associations seldom create bodies of working, initiating or control nature. Their position does not have to be regulated by the statutes. Subsequently, recommendations for the effective operation of the bundles are formulated. In the event that the chairman cannot devote himself to the activities of the association on a full-time basis, it is necessary for the successful operation of the union to appoint the position of manager or secretary.

“Energy cost increases are expected to continue.... The impact of these energy cost increases on attractiveness of energy recovery could be significant.” “A number of new technological developments have been underway over the past few years that are now becoming available as full-scale systems and that are greatly expanding the opportunities for energy recovery from mixed municipal waste.” These sound like statements from today’s headlines or the latest marketing brochures reflecting the promise of emerging waste management technologies. The reality is that these statements were made over thirty years ago. Communities planning on implementing any new technology as part of their solid waste management program should proceed with caution. After all, the second quote above was followed by the following statement. “These systems have generally been developed by firms in private industry as new business ventures. Monsanto, Union Carbide, Devco, Garrett Research and Development (a division of Occidental Petroleum), Hercules, Black-Clawson, Horner-Schiffrin and Combustion Equipment Associates have been some of the most active firms.” Although many communities relied upon performance and financial guarantees offered by these companies, none of projects developed by them were successful. Similarly, there was a wave of optimism and projects that were implemented in the 1990’s involving numerous mixed municipal waste biological (i.e., composting) projects that also failed for economic or technical reasons. From these prior experiences, lessons can be drawn to assist communities evaluate the risks and rewards in procuring and contracting for today’s emerging technologies. The waste being delivered to these failed projects, unlike some of the salespersons, did not go away. These failed projects had to be redeveloped and replacement projects implemented to deal with the daily tide at the curb. A number of consultants, including the authors, started in the solid waste business redeveloping some of these failed initial efforts. From these prior experiences, lessons can be drawn to assist communities evaluate the risks and rewards in procuring today’s emerging technologies. New thermal conversion, pyrolysis, gasification, and bioconversion technologies are being proposed for projects throughout the U.S. based on experience in North America, Europe, the Middle East and Asia. Many communities have issued RFP’s to include emerging technologies in their integrated solid waste management systems. To successfully procure and finance a project involving one of these emerging technologies, the project sponsor or developer will need to: • Locate a politically suitable site for the project; • Acquire waste supply commitments; • Develop energy and material sales approaches and agreements; • Arrange for residue disposal; • Obtain permits to operate; and • Arrange for the financing. In addition to the above components, the efficacy of the technology and the financial backing provided by the technology supplier are critical to a successful project. Not unlike the early 1970’s and 1990’s companies are promoting the advantages and successful applications of new approaches to solid waste management. In doing so, some companies are asking communities to provide a suitable site (usually adjacent to or near an exiting permitted landfill or other solid waste management facility), supply waste, dispose of any residue, and assist in the permitting of a new project. The company may take the responsibility to arrange for energy and material markets, obtain the permits, and finance the project. The company’s objective is to develop a demonstration of their technology using mixed municipal solid waste, or a portion of the waste stream, in a U.S. community from which it can build its business. Before entering into long term obligations associated with such arrangements, it is important that a community consider the following: • How much will it cost to deliver waste to the new facility? • What impact will it have on the balance of the solid waste management system? • If the new system does not work, is there an alternative location, both in the short- and long-run to process/dispose of the waste? • If there are odor or other environmental problems that cannot be mitigated, is there a way to terminate the operation of the facility? • If the project does not succeed, will the company be responsible for razing the facility and returning a clean site? What other obligations will the company have? • What are the obligations of the community if the project does succeed? • What is the definition of success? • How long must the project be successfully demonstrated before it is converted into a fully commercial operation? • If this involves an expansion of the project, is the community obligated to proceed? This presentation compares and contrasts the experiences of the past with the current approaches being taken by firms promoting these technologies and communities implementing them in the hope of learning from our past.. Case studies will be discussed to support the conclusions and recommendations presented.

In Spain, the new Law 13/2015, dated June 24, modifying the Mortgage Law and the Cadastre Law in the search for its coordination, introduce the obligation to obtain georeferenced mapping and update the Cadastre in many cases. It is necessary to provide the graphic representation of the farms in case of: segregation, division, grouping and aggregation, and in the case of the operations of parceling, reparcelling, land consolidation, segregation, division, grouping or aggregation, forced expropriation or demarcation which determine a reordering of the land. It also requires the geographical delimitation of the area occupied by buildings declared within a farm. In all of these cases, if there is no coincidence of the farm in the field with the descriptive cadastral certification and the graphic of the farm, an alternative georeferenced graphical representation, duly accredited, is necessary, and where the adventurers are quoted to express or not their Conformity. This thesis aims to investigate an international level with the possibility of collaborating in the current developments, especially applying the ISO 19152 (On the Land Administration Domain Model) to the Spanish case and national level, applying the new Reforms of the Mortgage Law and the Cadastre Law. Performing geo-referenced graphical maps, in the cases in which the law forces it. To develop GIS software for the automation of information creation, as well as, the new formats creation used to Spanish Cadastre updating. The software will be tested in the real cases that will be performed.http://dx.doi.org/10.4995/CIGeo2017.2017.6592

Purpose – the article discusses the construction documents and their significance enshrined in Contractual Regulations and aims to disclose the consequences of the preparation or non-preparation of the construction documents for the client and the contractor. For this purpose, the general features of construction documents shall be reviewed first, and the certificate of acceptance of construction work and reports shall be analyzed separately. Findings – the results of the study state that in client/contractor relationship, the rights and duties between the participants to a construction project and the preconditions for the cooperation between the parties in a legal relationship in construction are determined and provided in the construction documents. All construction documents that have been analyzed are drawn up specifically for construction work. On the one hand, the law gives the right or imposes an obligation on to the client and the contractor to sign and deliver the construction documents to another party in a legal relationship in construction. On the other hand, signing (non-signing), submission (non-submission) of the acceptance certificate of construction work and reports can lead to a division of responsibilities between the client and the contractor (who are often business entities), the obligation to eliminate the defects in the work, to compensate for the damage, and to pay for work. Research limitations – though Lithuania has similarities with other EU countries in terms of the legal environment of construction, the generalisation of these results to another context is limited. Practical implications – the findings could be directly applied in practice. Understanding and using the findings could prevent disputes between owners and contractors in practice. Originality/Value – there is a lack of publications on the subject. Construction documents regulate the contractual relationship (performance of work, settlement, elimination of defects, etc.) between the client and the contractor. Therefore, proper and timely preparation of these documents is an important part of the implementation of contractual relationship both for business entities and the public using construction results.

The operation of the interconnection cannot be imagined without the mutual cooperation of all transmission system operators that are in the same synchronous zone. In order to establish harmonized rules that are mandatory for all transmission system operators, network rules shall be adopted, which include operations, operations of connecting users to the system and operations related to the electricity market. These rules, among other things, define the establishment of transmission system operators of the power system. It was also determined which tasks will be performed by regional security coordinator and which tasks will remain the obligation of the transmission system operators. Also, mutual cooperation regional security coordinator and transmission system operators has been defined. The process of establishing regional security coordinator is a very complex and time-consuming process because it involves many actors (transmission system operators, national regulatory authorities, the Agency for the Cooperation of Energy Regulators (ACER), the European Commission, etc. Therefore, it is very important that all actors are familiar with this process to give their active participation. This paper will describe the process of establishing regional security coordinator in the past, provide an overview of the current situation regarding the geographical division between regional security coordinators throughout Europe, and also describe the transition process from regional security coordinator to the regional coordination centers, which is currently underway.

Abstract HSE & Sustainability is being a prime concern across ADNOC Operational footprint. ADNOC onshore Drilling division counts transportation of fresh water into cluster operation as major risk to overall well operation. Cluster is considered as same as offshore in terms of transportation risk, cost of fresh water. Fresh water transported to the well site using local contractor tankers which is posing high road safety risk & affecting budget of the well. Recent advancement of Reverse osmosis technology utilization for island operation, where sea water will be directly routed through reverse osmosis pump in which desalination process is being embedded to demineralizing by flowing under pressure through semi permeable membrane. Filtered water is passed into reverse osmosis system through high pressure pump. Feed Total dissolved solid 2000 PPM is pumped through the fine membranes, where ions present in water gets trapped in membrane surfaces. The membranes used for reverse osmosis have a dense layer in the polymer matrix where the separation occurs & get collected in collection tank. Approximately 940,737 Barrels of freshwater water were consumed for operating artificial island rig operation to meet freshwater requirement for domestic purposes in both rig and camp for last 3 years. Approximately 9400 Haulage trips were depended on to run the rig operation in islands. Haulage transports were generating heavy road safety risk. Cost of the water haulage were same as offshore freshwater contract. Hence cost optimization benefits were not feasible due to contractual obligation. Having implemented Reverse osmosis Haulage traffic risk were eliminated very likely & eventually road traffic accident were reduced drastically due to haulage. Additional high discharge pump to the same system to the sea water resources resolved Nonproductive time caused by waiting for water is being carried through haulage. Approximately 19 M$ expenditure were incurred over last 3 years for well cost to drill wells in island rigs & cost expected to bring down to 4M$ for 5 years eventually it will save about 15 M$ for 5 years due to sea water utilization in Reverse osmosis technology in artificial islands. As Gulf standard no 149/2014 lab report were conducted & its fully meeting the freshwater requirement for domestic purpose at rig & camp. HSE &Cost optimization of drilling the wells are priceless concerns in well drilling operation that needs dynamic solution based on operational geography. Reverse osmosis is trying to support Safety, Sustainability & cost reduction though one technology turning the salt water into usable water that will support rig domestic requirements. This paper illustrates the smart use of resources in supporting the sustainability of water well resources. A great number of incidents associated with tanker rollover in island will be resolved as there would be no water transport required by then the implementation of the RO technology. RO plant is designed in such a way that very minimal people will be operated with least minimum maintenance.

This web archive strives to offer a documented commentary on the most recent addition to the Canadian resettlement scheme, the Blended Visa Office-Referred (BVOR) program. The program constitutes a modified version of private sponsorship of refugee and immigrant applicants; it has to be examined in relation to both private and government resettlement schemes, and in comparison to the historical use of private sponsorship for Indochinese refugees. The documents presented here allow an examination of the background debates that led to the institutionalization of the BVOR program, the challenges BVOR is intended to address, public and political debates concerning the proposed division of public and private responsibility, and the links made between this particular model and the public acceptance of the en masse resettlement of select Syrian refugees in Canada​. This refugee crisis raises important political and legal questions for both the Canadian public and Canadian policymakers. Who is deemed to be a deserving refugee, who is eligible for resettlement and based on what criteria, keeps changing. The current and future saliency of migration could be succinctly revealed by examining factors such as which categories of migration hold significance, how they are constructed and determined, and by whom. The debate continues and must do so above and beyond policy measures, legal requirements and formal immigration regimes. It is also of utmost importance to underline that private sponsorship programs are to be in place as a complementary element to government-assisted resettlement commitments. They cannot eradicate the necessity of the Canadian government to fulfill its international obligations and humanitarian commitments in the face of mass displacements. The Syrians are unlikely to be the last group to suffer such a fate.