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Journal articles on the topic 'Division des obligations'
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1
Bozhko, Alisa S., and Viktoria A. Usanova. "Division of Debt Obligations Arising as a Result of Joint Business Activities of Spouses." Family and housing law 1 (January 18, 2024): 2–5. http://dx.doi.org/10.18572/1999-477x-2024-1-2-5.
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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.
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Palmirski, Tomasz. "OBLIGATIONES QUASI EX DELICTO (MALEFICIO) ZE STUDIÓW NAD ŹRÓDŁAMI ZOBOWIĄZAŃ W PRAWIE RZYMSKIM." Zeszyty Prawnicze 2, no. 2 (March 28, 2017): 23. http://dx.doi.org/10.21697/zp.2002.2.2.02.
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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.
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Popovych, T. "Classification of responsibilities according to the teachings of I. Kant." Uzhhorod National University Herald. Series: Law 66 (November 29, 2021): 27–31. http://dx.doi.org/10.24144/2307-3322.2021.66.4.
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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.
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Lugmanov, Radik R. "Сivil law information obligations under French law." Pravovedenie 64, no. 2 (2020): 245–69. http://dx.doi.org/10.21638/spbu25.2020.203.
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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.
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Savelyeva, Maria V. "Demarcation of the Liability of Spouses Under Common Obligations in Marital Property Division." Family and housing law 1 (January 14, 2021): 23–26. http://dx.doi.org/10.18572/1999-477x-2021-1-23-26.
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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.
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Willis, Steven. "A Game Theory View of Family Law: Planning for a 500% Family Tax." FIU Law Review 18, no. 1 (December 21, 2023): 151–92. http://dx.doi.org/10.25148/lawrev.18.1.9.
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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.
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Гомбоева, А. Н. "OBLIGATIONS OF ORGANIZATION AND THEIR CLASSIFICATION IN ACCOUNTING." Vestnik of Rostov state University (RINH), no. 1(77) (July 6, 2022): 140–47. http://dx.doi.org/10.54220/v.rsue.1991-0533.2022.34.14.016.
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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.
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Radovanović, Sanja, and Nikolina Miščević. "On the division to nonexistent and void contracts in domestic law." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 1 (2020): 267–87. http://dx.doi.org/10.5937/zrpfns54-25488.
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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.
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Khoirunnisa, Khoirunnisa, and Rahmi Hidayati. "The Jurimetri Formulation of Court Decisions in the Division of Joint Property." SMART: Journal of Sharia, Traditon, and Modernity 3, no. 1 (July 30, 2023): 28. http://dx.doi.org/10.24042/smart.v3i1.16978.
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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
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Kudryavtseva, L. "Some Aspects of the Distribution of Loan Debts Between Spouses at the Dissolution of Marriage." Bulletin of Science and Practice 7, no. 9 (September 15, 2021): 466–68. http://dx.doi.org/10.33619/2414-2948/70/43.
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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.
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Jurić, Dionis. "Zaštita vjerovnika pri domaćim i prekograničnim podjelama društava kapitala." Zbornik Pravnog fakulteta u Zagrebu 72, no. 3 (June 30, 2022): 827–53. http://dx.doi.org/10.3935/zpfz.72.3.03.
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The division of a company is a material status alteration which is marked by partial universal succession. Particular rights, obligations and legal relations of a company being divided are transferred to newly formed companies or to existing recipient companies by force of law. The principle of creditors’ protection of the company being divided is applied in this procedure. This means that they must not be disadvantaged in the settlement of their claims against the companies involved in the division. In divisions by acquisition, the interests of the creditors of the recipient company must be also protected. In cross-border divisions, the creditors meet with a risk of bringing proceedings for the settlement of their claims against the newly formed company (principal debtor) in a different Member State. In order to protect the creditors’ interests, the regulations provide for institutional protective means that ensure the liquidity and solvency of companies after the division, and individual protective means that serve to secure or settle their claims against companies involved in a division.
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ARNOLD, Denis G. "On the Division of Moral Labour for Human Rights Between States and Corporations: A Reply to Hsieh." Business and Human Rights Journal 2, no. 2 (July 2017): 311–16. http://dx.doi.org/10.1017/bhj.2017.9.
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AbstractIn a series of previous articles I have defended the claim that there are robust, theoretical justifications for concluding that corporations have human rights obligations and that those obligations are distinct from the larger set of human rights obligations that are properly attributed to states. Hsieh claims that corporations do not have human rights obligations. In this reply it is argued that even if one takes what Hsieh refers to as an ‘institutional approach’ to understanding the human rights obligations of states, corporations are nonetheless properly understood to have human rights obligations regarding those with whom they interact, such as workers, customers and community members.
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Poruban, Andrej, and Karol Krajčo. "DIVISION OF ONE EMPLOYMENT CONTRACT BETWEEN TWO EMPLOYERS." Sociálno-ekonomická revue 19, no. 1 (March 31, 2021): 46–51. http://dx.doi.org/10.52665/ser20210105.
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The paper deals with the possibility of division of rights and obligations arising from employment contracts for one employee for several employment relationships part-time. The conclusion of the pre-contractual process in employment relations is the conclusion of an employment contract, which establishes an employment relationship. Within it, one undertakes to perform dependent work for pay for the other. It is a socio-economic relationship, because its nature is not only property but also personal, not only in the sense of personal performance of work. By including the employee in the organizational structure of the employer, a close personal bond is established, which activates a whole range of subjective rights and legal obligations of the subjects of employment.
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Hilal, Hareem, and Qurrat-Ul-Ain Rehman. "TRIPARTITE DIVISION OF THE HUMAN RIGHTS OBLIGATIONS OF THE STATE IN RELATION TO THE RIGHT TO HEALTH." Pakistan Journal of Social Research 04, no. 01 (March 31, 2022): 315–19. http://dx.doi.org/10.52567/pjsr.v4i1.654.
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The right to health is one of the fundamental human rights for which states undertake obligations under international law and national law. This right is dependent on several other rights and is equally important. What this right entails is best defined by the obligations that it imposes on states. These obligations of the states are further divided into categories and the purpose of this division is to ensure maximum state responsibility and accountability. This article discusses the various layers of state obligations corresponding to the right to health. The researchers have employed the tripartite typology (duties to respect, protect, and fulfil), examining contexts of different jurisdictions and identifying comprehensive instances of the application of this typology. The research provides a study of how the right to health may be upheld and provided optimally by adhering to this tripartite typology of state’s obligations. Keywords: civil and political rights, economic, social and cultural rights, human rights, right to health, right to life, state obligations, tripartite typology of human rights obligations.
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CORDELLI, CHIARA. "The Institutional Division of Labor and the Egalitarian Obligations of Nonprofits*." Journal of Political Philosophy 20, no. 2 (February 14, 2011): 131–55. http://dx.doi.org/10.1111/j.1467-9760.2010.00388.x.
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Kolstad, Hans. "Human Rights and Democracy—Obligations and Delusions." Philosophies 7, no. 1 (January 28, 2022): 14. http://dx.doi.org/10.3390/philosophies7010014.
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Based on today’s compromises with human rights and the numerous violations of them, which for several countries seems to be the rule rather than an exception, this article discusses the cause of the delusions that in today’s politics are attached to human rights. An analysis is made of the nature of human rights understood as something common and universal for all people. On this basis, a division of human rights is proposed, which at the same time means limiting them to perfect, imperfect and adventitious rights. Central to the discussion is the question of how the normative element of human rights should be understood. This article distinguishes between two approaches to the question, where one is identified as a source of current misconceptions about human rights, while the other is highlighted as a possible answer to key challenges facing democracy.
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SZINOVACZ, MAXIMILIANE E., and ADAM DAVEY. "The division of parent care between spouses." Ageing and Society 28, no. 4 (May 2008): 571–97. http://dx.doi.org/10.1017/s0144686x07006915.
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ABSTRACTResearch on the division of family work has focused on household work and child-care to the exclusion of other domains, whereas studies on care-giving for older people typically ignore spouses' support to care-givers. In this paper we apply an approach that is typical of research on spouses' division of family work in caring for parents, in that the theoretical model focuses on the ‘cultural mandates’ that guide spouses' division of care, namely gender ideologies about appropriate roles, kinship obligations, and taboos against cross-gender personal care. Other predictors of the spousal division of care drawn from economic and health-care utilisation models are also examined. The analyses use pooled data on 1,449 care occasions from the first five waves of the US Health and Retirement Study. It was found that most couples to some extent share parent care, and that the involvement of husbands depended on a complex interplay of cultural mandates and contexts. Husbands participated most in personal care for parents if the care was mandated by kinship obligations (they cared more for their own than their wife's parents), and by cross-gender care taboos (they cared more for fathers than mothers). Other cultural contexts (such as race), a spouse's other commitments, health-related ability, resources (including support from the parents' other children), and care-burden also played a role. The findings demonstrate that decisions to care for parents emerge from complex negotiations among spouses and their children and siblings or, in other words, that parental care is a family endeavour.
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Azwar, Ezi. "Implementation of Husband's Obligations Post-Divorce (Case Study in Mutiara Timur District, Pidie Regency)." Al Mashaadir : Jurnal Ilmu Syariah 3, no. 1 (June 30, 2022): 39–56. http://dx.doi.org/10.52029/jis.v3i1.87.
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Mutiara Timur is one of the districts in Pidie Regency, Aceh Province. Divorce cases in this district are increasing every year. After the divorce, the exhusband is obliged to carry out several obligations to his ex-wife and children, but in practice the process of fulfilling the obligations of the ex-husband to the child and post-divorce wife has not been carried out properly. This type of research is field research, namely research that is directly carried out in the field or to respondents. In this study, the researcher used a qualitative descriptive analysis. And using an empirical-juridical approach, which is a legal research method that functions to be able to see the law in a real sense and examine how the law works in a community environment. The obligations of the ex-husband after the divorce are: to provide mut'ah, iddah rights, madhiyah maintenance, division of joint assets, paying off dowries owed, and providing a living for their children. After the author conducted research on 18 divorced couples, the author found that there were 13 ex-husbands who were obliged to provide for their children. Of the 13 ex-husbands, only two people carry out the obligation to provide maintenance for their children perfectly. There are 7 people who are obliged to give mut'ah and the right of iddah to the ex-wife. Of the 7 people, only one person is carrying out his obligations. There are 7 people who are obliged to carry out the distribution of joint assets. Of the 7 people, there are only two people who carry out their obligations. Meanwhile, there are 7 people who are obliged to pay for Madhiyah's living. Of the 7 people, there is not a single person who carries out his obligations. The factors behind the effective and ineffective implementation of husband's obligations after divorce in Mutiara Timur District include: economic factors, communication factors, education factors, remarriage factors, and divorce background factors.
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Albertini, Marco, and Michela Semprebon. "Caring for elderly parents: Perceived filial obligations among Maghrebine immigrants in Italy." Ethnicities 20, no. 6 (June 22, 2020): 1117–43. http://dx.doi.org/10.1177/1468796820932583.
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The migrant population in Southern European countries is aging. In the next future, long-term care needs of immigrant individuals will be a major issue in the evolution of social policies in these countries. In this context, it becomes important to examine what are the norms of filial obligations that govern the exchange of social support within migrant families. The study focuses on solidarity norms and support expectations among Mahgrebine immigrants living in Italy. It is shown that: i. intergenerational co-residence is seen as the best strategy to cope with the care need of elderly parents; ii. only a minority of respondents, especially those born in Italy or arrived before age 6, think that providing economic support or hiring a professional carer is a good solution. The importance of cultural and religious motivations at the basis of norms of filial obligations was explicitly, particularly as far as cohabitation is concerned. The majority of respondents held a gender-neutral view with respect to the sharing of responsibilities, although some gendered divisions emerged. Respondents who either were born in Italy or migrated before age six are considerably more likely to hold gender-neutral views on the division of informal care work.
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Jollimore, Troy. "Goldstick on the ‘Two Hats’ Problem." Utilitas 15, no. 3 (November 2003): 369–73. http://dx.doi.org/10.1017/s0953820800004118.
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The indirect-strategy consequentialist recommends that the consequentialist agent develop certain non-consequentialist feelings and dispositions. It is difficult to see, however, how such an agent could knowingly do this, given her moral beliefs. Goldstick has argued that the problem is not particular to consequentialism; deontologists, too, are obliged to admit the possibility of mental divisions of this sort. I argue, however, that the type of mental division to which the deontologist is committed appears only as a response to a type of genuinely dilemmatic situation which traditional consequentialism cannot recognize. Indeed, the ability of the deontological approach to accommodate cases of conflicting obligations in an intuitively plausible way seems to be a significant point in its favour.
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Kirakosyan, Susana Arsenovna. "On classification of obligations of property owners in a multi-unit building." Право и политика, no. 8 (August 2020): 112–22. http://dx.doi.org/10.7256/2454-0706.2020.8.33320.
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The subject of this research is the classification of obligations of property owners in a multi-story building, as well as their maintenance. The need for studying the classification of responsibility of property owners dictated by scientific and practical importance: the disclosure of the content of responsibilities reveals the essence of burden of the content of individual accommodation and shared property in a multi-unit building, as well as the due and socially proper behavior of obliged entities – the property owners. For determining the criteria for classification of obligations of property owners, the author analyzes the provisions of housing and civil legislation. There is no research on the system of obligations of property owners within the science of civil and housing law. For eliminating the theoretical gap, the author attempts to classify the obligations of property owners in a multi-unit building, as well as examine their content. A new perspective upon the classification of obligations based on various criteria is suggested. Special attention is turned to the characteristics of obligations of property owners as a landlord and as a neighbor. The criterion for division of such obligations consists in qualitative characteristic of the status of property owner: owner-landlord and owner-neighbor, and the obligations assigned thereof. The conclusion is made that the owner of accommodation in a multi-unit building is distinguished by care for the property, willingness to contribute economically, and reasonable neighborliness.
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Babić, Ilija. "The Concept and the Legal Nature of Legal Support // Pojam i pravna priroda zakonskog izdržavanja." Годишњак факултета правних наука - АПЕИРОН 7, no. 7 (July 27, 2017): 41. http://dx.doi.org/10.7251/gfp1707041b.
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In the paper, the author points out the difference between the obligation prescribed by the Family Law of the Republika Srpska (FL) and the obligations arising under the legal act (e.g. a contract on lifelong support, a contract on support, a contract on assignment and division of property during lifetime or the will). He points out that the obligation to support prescribed FL is not formed directly on the basis of law, but rather on the basis of facts stipulated by law. The author states that the obligation of legal support as stipulated by FL is financial (in some cases, non-financial), long-lasting, positive, determined by gender, with possibility to litigate, divisible, related to the personality, compulsive and with no possibility to superannuate. In addition, it is the obligation which is based on the decision of the court from filing a lawsuit. In case when a person legally not obliged to give support contributed to it, the amount of received alimony will not be returned. The amount of support is changed through the decision of the court or an agreement, while the order of the persons required to give support is determined by the Family Law.
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Hudyma-Pidverbetska, M. "Specificity of contractual subsidiary obligations in the aspect of the dichotomous division of civil legal subsidiary obligations on the basis of origin." “International Humanitarian University Herald. Jurisprudence” 39 (2019): 82–86. http://dx.doi.org/10.32841/2307-1745.2019.39.19.
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Salimov, A. S., and S. V. Voronina. "QUALIFICATION OF CONTESTED FAMILY LEGAL ACTIONS IN THE BANKRUPTCY CASE OF A CITIZEN." Russian-Asian Legal Journal, no. 4 (December 28, 2021): 34–38. http://dx.doi.org/10.14258/ralj(2021)4.7.
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Ransactions and fulfillment of obligations and obligations arising in accordance with family law arethe subject of judicial challenge at the request of a financial manager acting in the interests of creditors inthe bankruptcy of a citizen. Science and the law do not consider the grounds for the invalidity of actions forthe execution of transactions. The family-legal actions of a debtor-citizen based on an agreement between spouses, parents and judicial acts on the division of common property and the recovery of alimony are subjectto challenge on the grounds provided for by the norms of the Civil Code of the law and the bankruptcy lawon the invalidity of transactions only for the convenience of law enforcement. The actions of spouses andparents to dispose of their property rights and obligations arising from family legislation are either familylaw contracts (agreements) or actions to fulfill the obligations provided for by the Family Code. The correctqualification of the debtor’s family legal actions determines the quality of law-making, understanding of theactual meaning of legal norms and the exact fulfillment of their prescriptions.
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Triyana Hardi, Zakiyah, and Benny Djaja. "Juridical Analysis of the Division of Inheritance to the Heirs of Different Marriages (Decision Number 435/PDT/2018/PT MDN)." Edunity Kajian Ilmu Sosial dan Pendidikan 2, no. 9 (September 25, 2023): 1052–60. http://dx.doi.org/10.57096/edunity.v2i8.152.
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In civil inheritance law, a principle applies, namely if someone dies (heir), then by law and immediately his rights and obligations are transferred to his heirs, as long as these rights and obligations are included in the field of property law or in other words rights and liabilities that can be valued in money. The civil inheritance law system has a characteristic that is different from other inheritance law systems, which requires that the heir's inheritance be divided as soon as possible among those who are entitled to the property. In the distribution of inheritance, the heir as the owner of the property has the absolute right to arrange what he wants for his property. This is a consequence of inheritance law as a regulatory law.
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Engel, Annegret, and Ludivine Petetin. "International obligations and devolved powers – ploughing through competences and GM crops." Environmental Law Review 20, no. 1 (March 2018): 16–31. http://dx.doi.org/10.1177/1461452918759639.
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This article analyses the impact of Brexit on devolved competences in environmental protection. It maps the post-Brexit division of the United Kingdom (UK)’s internal (devolved) and external (international) competences and how this may shift when competences are returned from the European Union (EU). Crucially, the article suggests that certain of these EU powers do not simply derive from the EU but are, in fact, already held by the devolved regions in accordance with the principle of subsidiarity. Consequently, devolved competences are under threat of being pre-empted as the UK seeks to harmonise otherwise fragmented policies and legislation to comply with obligations at international level. This conundrum is illustrated here using a case study on genetically modified crop cultivation, which identifies the conflicts in the UK’s proclaimed strategy post-Brexit between international obligations and devolved competences and the legal challenges this entails.
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Пономаренко, О. М. "ПРОБЛЕМИ ВИЗНАЧЕННЯ ПРАВОВОЇ ПРИРОДИ ДОГОВОРУ ПРО ПОДІЛ СПІЛЬНОГО МАЙНА ПОДРУЖЖЯ." Збірник наукових праць ХНПУ імені Г. С. Сковороди "Право", no. 31 (February 2020): 49–57. http://dx.doi.org/10.34142/23121661.2020.31.05.
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The article is devoted to the study of the legal nature of the agreement on the division of the common property of spouses. The author comes to the conclusion about his civil law essence. It is concluded that this agreement is a material agreement, is not aimed at creating obligations between the parties, but at changing the legal regime of the common property of the spouses. The opinion is expressed that the determination of the legal nature of the agreement on the division of spouses’ property as a material civil law contract will significantly affect its regulatory regulation and the choice of ways to protect the violated rights of one of the parties.
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Marwah, Inder. "Elateres Motiva: From the Good Will to the Good Human Being." Kantian Review 18, no. 3 (October 7, 2013): 413–37. http://dx.doi.org/10.1017/s1369415413000174.
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AbstractKant's ethics has long been bedevilled by a peculiar tension. While his practical philosophy describes the moral obligations incumbent on all free, rational beings, Kant also understands moral anthropology as addressing ‘helps and hindrances’ to our moral advancement. How are we to reconcile Kant'sCriticalaccount of a transcendentally free human will with hisdevelopmentalview of anthropology, history and education as assisting in our collective progress towards moral ends? I argue that Kant in fact distinguishes between theobjectivedetermination of moral principles andsubjectiveprocesses of moral acculturation developing human beings’ receptivity to the moral law. By differentiating subjective and objective dimensions of moral agency, I argue (1) that we better interpret the relationship between Kant's transcendental and anthropological accounts as a division of labour between principles of obligation and principles of volition, and so, as complementary rather than contradictory; and (2) that this counters the view of Kant's ethics as overly formalistic by recognizing his ‘empirical ethics’ as attending to the unsystematizable facets of a properly human moral life.
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Stojanović, Đurđica M., and Jelena Ivetić. "Macrologistic performance and logistics commitments in sales contracts in international supply chains." International Journal of Logistics Management 31, no. 1 (February 10, 2020): 59–76. http://dx.doi.org/10.1108/ijlm-12-2018-0323.
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PurposeThis study aims to illuminate the relationship between the logistic performance indexes (LPIs) of trade countries and sharing obligations related to logistics services in delivery among parties in international sales contracts.Design/methodology/approachA comprehensive one-year database of Serbian international trade flows is used. The LPIs of 148 countries are related to the Incoterms® rules in international sales contracts that designate the division of obligations between exporters and importers for moving goods. Empirical data were subjected to statistical analysis, where nonparametric correlation and inferential methods were applied. The differences between countries with the highest and lowest LPIs were also examined.FindingsLPIs positively correlate with logistics commitments in exports and imports. Their impact on the choice of Incoterms® rules differs among the groups of trade terms. Waterway and D-terms are the most sensitive. LPIs of trade countries clearly impact “emission” and “attraction” of the most extended sellers' delivery obligation “packages,” expressed in D rules.Research limitations/implicationsThe empirical data are limited to a single country. Further research must explore the relative impact of macrologistic factors on exporters and importers' logistics commitments for building better decision-making support tools.Practical implicationsThe results may support suppliers and buyers in sharing their experiences on Incoterms® practice and encourage more rational than intuitive decisions.Originality/valueThis is the first empirical study to quantitatively evidence the sensitivity of groups of Incoterms® rules on the macrologistic environment of trade countries.
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Kim, Hyunjin. "Economic Consequences of Divorce in Korea." Brill Research Perspectives in Family Law in a Global Society 1, no. 1 (June 21, 2016): 1–68. http://dx.doi.org/10.1163/24058386-12340001.
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Still, the Korean divorce law adheres to fault-based divorce. According to the majority of Korean Supreme Court, the main reason of not admitting no-fault policy is that preconditions of systems for protecting the spouse and children after divorce financially are not yet satisfied in Korea. There have been remarkable development of divorce laws to pursue equality in property division between spouses, including re-conceptualizing pension entitlement as object of property division through Court’s rulings and legislation. As to protect child after divorce, it is noteworthy to see a belated but wise establishment of the state agency to enforce child support obligations and its soft landing. However, we still have miles to go before the divorce laws secure true equality or fairness financially upon divorce.
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Liubimova, E. V. "JUDICIAL JURISDICTION OF CORPORATE DISPUTES ARISING IN NON-PROFIT ORGANIZATIONS." Ex jure, no. 2 (2022): 115–23. http://dx.doi.org/10.17072/2619-0648-2022-2-115-123.
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Abstract: the article discusses the distribution of corporate disputes between courts of general jurisdiction and commercial courts. At the moment, the legislator is guided by the division of legal entities into commercial and nonprofit organizations. The article notes that commercial activity is not included in the subject of proof in corporate disputes, therefore it is a random criterion of judicial jurisdiction. Analyzing the rights and obligations of participants of different companies, the author comes to the conclusion that the division of legal entities into corporate and unitary is important when considering corporate disputes. According to the author, if we recognize the need for a different procedure for the consideration of corporate disputes, it seems more appropriate to allow the separation of cases related to the creation, management and liquidation of unitary legal entities.
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Hasbullah, Hasbullah. "LINGKUNGAN PENDIDIKAN DALAM AL-QUR’AN DAN HADIS." Tarbawi: Jurnal Keilmuan Manajemen Pendidikan 4, no. 01 (June 30, 2018): 13. http://dx.doi.org/10.32678/tarbawi.v4i01.1768.
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Educational environment is needed in the education process, because the educational environment serves to support the process of teaching and learning, a comfortable environment and support for the implementation of an education is needed. The environment is distinguished into the biological environment, the non-living natural environment, the artificial environment and the social environment. Education is one of the first obligations for parents. In Islam, the person most responsible for the education of the child is the parent. The family is the "smallest people" who have leaders and members, has a division of work and work, and the rights and obligations of each member. The best exemplary education for children is if both parents are able to connect their child with the example of Rasûlullâh SAW, as uswah of all mankind. A positive school environment is a school environment that provides facilities and motivation for religious education.
Keywords. Environment, Education
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Jakimoski, Laze, and Pakiza Tufekci. "CHARACTERISTIC OF THE SUBSTANTIVE LAW." Knowledge International Journal 28, no. 6 (December 10, 2018): 1977–84. http://dx.doi.org/10.35120/kij28061977l.
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The division of material and procedural law has its deep traditions both in the law and in the legal science. Until recently in the continental legal system had primacy substantive law and the procedural law was perceived as something secondary, as a technology whose task is to serve the substantive law. However, in recent years, more and more widespread is the understanding that both substantive and procedural law are equally important. There is no basis for the material right to be considered as primary and priority, and the process as secondary and subordinate. Substantive law is inextricably linked with procedural law. They can be considered as two sides of the legal category - legal regulation and procedural means for administrative and judicial protection of subjective rights in regulated public relations. In the substantive law, the legal norm determines what the rights and obligations of the legal entity are. The process law determines how these rights and obligations will be realized, that is, the procedure.
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Gerasimova, Oksana A. "The Application of Provisions on Common Property Division and Provisions on Obligations as a Result of Unjustified Enrichment in Disputes Between Spouses over Collection of a Part of Profit Distributed by a Limited Liability Company." Jurist 1 (January 21, 2021): 30–36. http://dx.doi.org/10.18572/1812-3929-2021-1-30-36.
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The article deals with the issue of the rules applicable to resolving disputes between spouses on recovery of a part of the distributed profit of a limited liability company received by a spouse — a participant in a limited liability company. It is concluded that the recovery of the spouse (ex-spouse) with spouse (ex-spouse), the shares of part of the distributed profit belonging to the common property, shall be in accordance with the norms of family law on the division of common property, and not the civil law on obligations due to unjust enrichment.
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Gaudreault-DesBiens, Jean-François. "Cooperative Federalism in Search of a Normative Justification: Considering the Principle of Federal Loyalty." Constitutional Forum / Forum constitutionnel 23, no. 4 (October 20, 2014): 1. http://dx.doi.org/10.21991/c9x68f.
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At first sight, federal loyalty does not mean much in Canadian constitutional law, if it means anything at all. However, as we will see in this paper, there are already some aspects of Canadian constitutional law which can be said to enshrine obligations pertaining to federal loyalty. Ultimately, what federal loyalty can bring to the debate in Commissioner of Firearms is a springboard from which to reflect on how and when the principle of cooperative federalism could be brought to bear in a consistent manner in division of powers cases.
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KREMEN, Olha, Anastasiia KULSHA, and Viktoriia KREMEN. "Statistical analysis of the state debt of Ukraine in modern economic conditions." Economics. Finances. Law 12/2, no. - (December 24, 2021): 41–46. http://dx.doi.org/10.37634/efp.2021.12(2).7.
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The public debt at the present stage is an objective economic phenomenon, a component of the financial system and a tool for implementing the economic strategy of the country, and its effective use can be a powerful factor in its economic growth. The paper is devoted to the study the economic essence, current state, structure and main trends of the total public debt of Ukraine. Essence of national debt, state-guaranteed debt, foreign and domestic debt and maintenance of relative amount and rate of debt are exposed. Under the type of debt obligation, public debt is divided into direct (unconditional) and guaranteed (conditional) debt, which arises as a result of the state's obligations to third parties or guarantees for these obligations. There is also a division of public debt by type of creditor. Domestic and foreign public debt are distinguished on this basis. Based on statistical data of Ministry of finance of Ukraine and Government service of statistics of Ukraine the dynamics of the debt of Ukraine is analyzed and an analysis of its structure according the type of debt obligation, and the type of creditor is carried out. Public and state-guaranteed debt during 2016–2020 grows on average annually by UAH 195.95 billion or 10.2 %. The state external debt of Ukraine increased during the period under study from UAH 980.19 billion on 01.01.2016 to UAH 1258.52 billion. at the end of 2020 with a decrease in 2019 by UAH 168.54 billion. The impact of external borrowing on economic growth is determined by the relative size of debt the share of public debt in GDP. The analysis of the indicator shows that in 2016–2020 it decreased from 81.0 % at the end of 2016 to 50.3 % in 2019, which corresponds to the legal norm, while in 2020 its share has already reached 60.8 %, which is 10.3 % more than in the previous year.
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Jamil, Khairil Husaini. "Muslims in the Post-pandemic World: The Call to Balance Individual Freedom and Community Rights?" Journal of Social Science and Humanities 5, no. 5 (October 30, 2022): 10–15. http://dx.doi.org/10.26666/rmp.jssh.2022.5.2.
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Moving into the post-pandemic world, many studies have been conducted to learn the best responses of countries and institutions in dealing with related issues and emerging consequences, and several key areas were investigated such as healthcare, financial and political responses, whereupon numerous factors of their success have been highlighted. There is no doubt, however, that community participation is extremely crucial to remedy the situation in many sectors including politico-economic restoration and education. The conflict between the right to pursue individual freedom and the moral obligation to keep the community safe from the impact of the pandemic has also been the subject of philosophical inquiries. This paper explores the concept of community in Islam in light of the above discussion. It begins with discussing the commonly recognised concepts of the duty of individuals (farḍ ʿaynī) and the duty of sufficient execution (farḍ kifāʾī/kifāyah). The author argues that the concepts do not correspond to the highlighted discussion and the discussion is losing the clear definition of what should be regarded as the constant obligation of the whole community as a single unit and not only “some” of the community as present in the ʿaynī-kifāʾī division. This opinion paper calls for the establishment of the middle space or hybrid space in dealing with the notion of rights and obligations in the post-pandemic world.
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Pyankova, A. F., and T. V. Shershen. "MARITAL PROPERTY’ DIVISION: ISSUES OF THEORY, LEGISLATION AND LAW ENFORCEMENT." Ex Jure, no. 3 (2023): 145–67. http://dx.doi.org/10.17072/2619-0648-2023-3-145-167.
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Abstract: the article is devoted to such aspects of marital property’ division as the division of business assets and liabilities. Attention is drawn to the fact that since the introduction of the Family Code of the Russian Federation, the structure of the economic basis of an average Russian family has changed significantly. It is concluded that when dividing, a large block of shares should be recognized as an indivisible thing and transferred to the spouse who was doing the business of the company. It is emphasized that doing business as an individual entrepreneur by one of the spouses is rather risky. The impossibility of sectioning an account on a social network is indicated, as well as the difficulties with the division of cryptocurrency. Attention is drawn to the absence in the legislation of the presumption of the community of spouses’ debts. It’s criticized that the financial manager, in accordance with the rules of the special law “On Insolvency (Bankruptcy)”, includes in the bankruptcy estate all the common property of both spouses (former spouses), sells this property, and only after satisfying the requirements of creditors within the share of the debtor spouse, if any funds remain, these funds are issued to the debtor's spouse. The recognition of tax liabilities as common obligations of spouses is debated.
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Widodo, Heru. "Legal Politics of Establishing a New Autonomous Region in the Shape of a City." International Journal of Social Science Studies 9, no. 5 (August 6, 2021): 92. http://dx.doi.org/10.11114/ijsss.v9i5.5290.
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The establishment of new autonomous regions aims to develop regions and bring public services closer. The formulation of the problem in this article is how the concept of regulating the expansion of new autonomous regions, how to overcome the gap in rights and obligations between the parent district and the new city, and how the legal politics of the formation of a new autonomous region in the form of a city. The method used is a legal approach, a conceptual approach, and a case approach, with a qualitative descriptive analysis. The conclusions of this study are first, there are differences in the special allocations for the division of new provinces and new districts with new cities, and impose obligations on the parent region to provide part of the regional budget and release assets. Second, the solution to the gap in rights and obligations between the parent district and the new city, assets that are handed over to special allocation funds, are collaborated, and assets in need. to be compensated. Third, the legal politics of forming new autonomous regions in the form of cities with legal reforms from existing norms, in the form of arrangements for the transfer of assets belonging to the parent regency that is in the new autonomous regions, the special allocation funds must be handed over entirely, but only to the assets needed.
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GROMOVA, N. S. "CITIZENS’ RIGHTS IN THE ECONOMIC SPHERE: DEBATABLE PROBLEMS OF THE CORRELATION OF PUBLIC AND PRIVATE INTERESTS." Scientific Works of the Free Economic Society of Russia 237, no. 5 (December 22, 2022): 247–58. http://dx.doi.org/10.38197/2072-2060-2022-237-5-247-258.
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The article deals with the issues of correlation of public and private interests in the economic sphere as a debatable problem. The legal aspect of both the categorical-definitional distinction, and the practical-applicable one in the framework of protecting the rights of citizens and monitoring the observance of duties is highlighted. The immanent principle of the existence of rights and obligations in the sphere of economic activity is established As a result of the analysis of empirical data, it is concluded that individual and collective rights in the sphere of the economy are two parts of a single binary system. The dualistic approach to the theory of rights and their division into public and private in this matter seems to be schematic, not reflecting the nature of complex economic relations. It is proposed to consider the ratio of public and private interests in the economy as a complex category, taking into account the supra-sectoral nature of rights, freedoms and obligations, interconnected and interdependent not only by legal prerequisites, but also by social processes in the state.
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Astankevych, Yu I. "ABOUT FORMS AND METHODS OF INTERNATIONAL VERIFICATION OF COMPLIANCE WITH INTERNATIONAL AGREEMENTS." Constitutional State, no. 43 (October 26, 2021): 177–84. http://dx.doi.org/10.18524/2411-2054.2021.43.240998.
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The forms and methods of international verification, their varieties and related categories are considered in the paper. It is determined that the key feature of verification forms is a body carrying out verification activities. Consequently, it is proposed to understand the verification form as a way of organization and particularities of this activity. It has been found that the category of subject is often also used for a simple division of verification into types, which does not fully reflect the specifics of verification activities. Two main forms of international verification are distinguished: simple (without the formation of a special body) and institutional (with the formation of a special control body). It is also suggested to distinguish between technologies, methods and procedures of international verification as well, defining verification technologies as tools, mechanisms, devices necessary for control activities, verification methods as ways of applying its means and verification procedures as modes for implementing a verification method or several methods in a combination. The mechanism of international verification is proposed to be seen as the most general term. It comprises not only methods and technologies, but also procedures of international verification, which determine the implementation mode of a verification method or its several methods in the context of a special verification form. Methods and tools of international verification are characterized by different level of efficiency, which is due to different factors, such as: the sphere of international relations, the form of international verification, the scope of powers of verification body, the international legal act, which is the source of international obligation. In this regard, a distinction must be made between the international obligations, the source of which is an international treaty, and other international obligations.
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KOSOVA, Tetiana, Anton KURHANSKYI, and Oleksandr KUTSEV. "Restructuring as a form of settlement of problematic credit debt of banking institutions." Economics. Finances. Law 8, no. - (August 31, 2023): 50–53. http://dx.doi.org/10.37634/efp.2023.8.12.
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Definitions of credit debt restructuring of banking institutions provided in several legal acts are summarized. They are reduced to changing the essential conditions of the current credit agreement to soften the requirements for the borrower in connection with his financial difficulties, the need to create favorable conditions for him to fulfill his credit obligations. The objects of restructuring under the credit agreement are: interest rate; forgiveness of part of the debt; his debt repayment schedule; terms and amounts of repayment of the main part of the loan, fees, etc. Restructuring of the bank is defined as a set of measures aimed at improving the financial condition, increasing the liquidity and solvency of the bank, carried out in the form of reorganization of the bank, change of owner, management, acceptance of debt obligations by the investor, rehabilitation, merger, division, merger, absorption at the stage, that precedes the recognition of the bank as bankrupt and the NBU's decision to liquidate it. Objects of restructuring can be: bank, enterprise, borrower's debts, tax debt, debt obligations, investment project, tax debt, debt obligations for borrowing, debt for issuing bonds. Restructuring of problematic credit debt is a type of restructuring of the borrower's debts by concluding an additional agreement with the borrower, settlement agreement, financial restructuring. The latter is the most common and is a form of economic recovery of borrowers who are in critical financial condition; changes in the conditions and repayment terms of credit obligations; ensuring borrowers' access to financing to restore their economic activity. Subjects and forms of financial restructuring are systematized. The essence of financial restructuring as an out-of-court procedure through negotiations between the borrower, his related persons and involved creditors is determined. The conditions for the borrower's participation in financial restructuring have been diagnosed, and the mechanisms for its initiation and implementation have been formalized. The responsibilities of the borrower in terms of the development and implementation of the restructuring plan are described.
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Taylor, Elizabeth A., Jessica L. Siegele, Allison B. Smith, and Robin Hardin. "Applying Career Construction Theory to Female National Collegiate Athletic Association Division I Conference Commissioners." Journal of Sport Management 32, no. 4 (July 1, 2018): 321–33. http://dx.doi.org/10.1123/jsm.2017-0179.
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Women’s participation in collegiate sport has increased dramatically since the passage of Title IX, but there has not been a corresponding increase in the percentage of women in administrative positions. Women have, however, been successful obtaining leadership positions in conference offices, as more than 30% of National Collegiate Athletic Association Division I conference commissioners were women in 2016. This research used career construction theory as a framework to explore the experiences of these women. Findings revealed that participants constantly negotiate time spent on personal and professional obligations, and relationships created in the workplace turned into organic mentorship relationships. Participants felt that there were limited amounts of sexism in the workplace, but all discussed experiencing instances of sexism, indicating a culture of gender normalcy. Women may experience increased success in leadership positions at conference offices, compared with on-campus athletic departments, due to limited direct interaction with football and donors.
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Drapała, Przemysław. "The Form of Agreement on the Transfer of Rights and Obligations of a Party to a Contractual Relationship." Krytyka Prawa 12, no. 3 (March 15, 2021): 209–19. http://dx.doi.org/10.7206/kp.2080-1084.436.
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This article seeks to explore the issue of the required form of agreement on the transfer of rights and obligations of a party to a contractual relationship by a third party, which in the Polish legal system functions as an innominate contract and is more common in foreign legislations (Vertragsübernahme, transfer of contract, cession de contract). This issue has been analysed taking into account the various possible configurations of parties to such an agreement as well as the various legal natures of the rights and obligations transferred. So far, this matter has not been thoroughly discussed in the Polish legal literature. According to the author, in line with the unity theory, an agreement on the transfer of rights and obligations of a party to a contractual relationship should be classified as a single legal transaction and not as two separate (independent) transactions of claim assignment (Article 509 of the Civil Code) and debt transfer (division theory). Therefore, it requires a written form otherwise being invalid. This requirement applicable to an entire agreement results from Article 522 sentence 1 of the Civil Code; it also meets less strict formal requirements regarding claim assignment (Article 511 of the Civil Code). In this paper, the author also discusses the question of whether Article 77 § 1 of the Civil Code and pactum de forma regarding amendments to an agreement (Article 76 sentence 1 of the Civil Code) apply to the form of the agreement in question.
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Black-Branch, Jonathan. "International Obligations Concerning Disarmament and the Cessation of the Nuclear Arms Race: Justiciability over Justice in the Marshall Islands Cases at the International Court of Justice." Journal of Conflict and Security Law 24, no. 3 (2019): 449–72. http://dx.doi.org/10.1093/jcsl/krz020.
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Abstract The International Court of Justice rulings in cases from the Marshall Islands against India, Pakistan and the UK not only failed to answer important questions regarding obligations to negotiate a nuclear cessation treaty and to disarm, but also raise new questions relating to the existence of a dispute under general international law. The Respondents objected to the Court’s jurisdiction to hear the case on the grounds that there was no justiciable dispute between them and the Marshall Islands, arguing that the issues should not be adjudicated within this forum. The Court agreed, finding there was not sufficient evidence of a dispute, per se, and consequently did not have jurisdiction to hear these cases on their merits as the Respondents were not aware of contentious issues. In the case of the UK, in particular, it was decided by a narrow majority, raising important questions about the Court’s strictly formalistic, and more importantly, unprecedented, approach regarding the existence of a dispute under international law. More significantly, the ruling avoided answering important questions relating to long-standing international obligations regarding disarmament and negotiations toward a treaty to cease the arms race pursuant to Article VI of the Nuclear Non-Proliferation Treaty, 1968. This article provides an overview and analysis of the Marshall Islands cases, examining the main legal issues and arguments, focusing on the Court’s reasoning and highlighting the division within the Court on substantive matters pertaining to obligations of nuclear-armed states.
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Ostapova, E. "DIVISION OF TRANSACTION INTO OBLIGATORY AND ADMINISTRATIVE ONES: PROSPECTS FOR LEGISLATIVE CONSOLIDATION." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7, no. 4 (February 20, 2023): 272–79. http://dx.doi.org/10.29039/2413-1733-2021-7-4-272-279.
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This article provides a legal assessment of the prospects for legislative consolidation in Russia of the division of transactions into obligatory and administrative, the opinion about the need for which is expressed in the science of civil law. Supporters of the idea of administrative transactions as such consider the actions of the parties to execute the contract. Meanwhile, the position of scientists who reject the idea of administrative transactions seems to be more consistent with the civil legislation of Russia, since the current civil legislation does not give grounds to consider the actions of the parties to the agreement on its execution as transactions. Otherwise, the transaction will be deprived of its main feature — the free expression of the will of the parties, since the fulfillment of obligations does not imply such an expression of will. In support of his position, the author made an attempt to refute the arguments that the assignment of rights presupposes the expression of the will of the parties to conclude an agreement and a separate expression of their will to make the assignment, that is, the execution of an administrative transaction in pursuance of the specified agreement.
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Kanon, Eli. "Can Animals Attain Membership Within a Human Social/Moral Group?" Essays in Philosophy 5, no. 2 (2004): 429–35. http://dx.doi.org/10.5840/eip20045216.
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Justice is illustrated by how humans treat others. Human society can no longer be considered just if it continues to treat animals instrumentally, disregarding the moral worth of each individual creature. Emile Durkheim's division of labor theory offers a groundwork for providing animals limited rights within a human-dominated society. Solidarity can be fostered between animals and humans by internalizing the principle that all organisms are interdependent. This principle is the foundation for granting animals moral status. By recognizing the role animals play in our society, we can acknowledge our obligations to them. Utilizing a mechaorganic solidarity, humans can establish justification for moral treatment of animals.
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Malik, Shahnawaz, Mahmood-Ul Hassan, and Shahzad Hussain. "Fiscal Decentralisation and Economic Growth in Pakistan." Pakistan Development Review 45, no. 4II (December 1, 2006): 845–54. http://dx.doi.org/10.30541/v45i4iipp.845-854.
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Fiscal decentralisation is seen as a means to enhance the economic efficiency of the government and also promote economic growth. Fiscal decentralisation is the empowerment of fiscal responsibilities to the sub-national governments, involving devolution of powers to tax and spend along with arrangements for correcting the imbalances between resources and obligations. The effectiveness of fiscal decentralisation depends upon: (a) appropriate expenditure assignments—with division of functions among different levels of government depending upon their comparative advantage (called the principle of subsidiarity); (b) appropriate tax or revenue assignments; and (c) the efficient design of a system of transfers and its proper implementation [Kardar (2006)].
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Setiawan, Yusuf, and Subaidi Subaidi. "Perempuan dalam Keluarga: Tafsir Ulang Amina Wadud dan Khaled M. Abou El Fadl." PLEDOI (Jurnal Hukum dan Keadilan) 2, no. 2 (September 30, 2023): 207–15. http://dx.doi.org/10.56721/pledoi.v2i2.246.
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The demands of women when they get married is their role in the domestic sphere. A wife's obligation is to take care of children, cook, clean the house, and serve her husband. While earning a living, making connections and relationships, and duties in the public sphere are obligations for the husband. Nowadays, many women are working, educated and have qualifications above men. Meanwhile, the Qur'an and hadith are often used to position and strengthen women in the domestic sphere. So the need to review the sources of Islamic law to adjust the demands of women in this modern era. Amina Wadud as a feminist thinker from among women, has succeeded in interpreting the verses of the Qur'an according to the perspective of female interpreters. While abou al-fadl as a feminist thinker from among men has seen the abuse of hadith interpreted based on the ego of men. This research uses the literature study method. Data was collected and analysed from several references relevant to the topic.. The results of this study, that amina wadud and abou al-fadl reinterpret the position of women in the family sphere, including men and women have equal status, functional differences, Nusyuz is interpreted disharmoniously, divorce, inheritance division, and female witnesses.
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Monaco, Stephanie M., Amy Ward Pershkow, Leslie S. Cruz, Peter M. McCamman, Andrew D. Getsinger, and Adam Kanter. "US securities and exchange commission’s division of investment management issues guidance regarding robo-advisers." Journal of Investment Compliance 18, no. 3 (September 4, 2017): 26–33. http://dx.doi.org/10.1108/joic-06-2017-0035.
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Purpose To explain a guidance update issued in February 2017 by the staff of the Division of Investment Management (Staff) at the US Securities and Exchange Commission (SEC) on how robo-advisers may meet their disclosure, suitability and compliance obligations under the Investment Advisers Act of 1940 (Advisers Act). Design/methodology/approach Examines the update’s guidance on three areas – the substance and presentation of disclosures, the provision of suitable investment advice, and the adoption and implementation of effective compliance programs – and then raises practical considerations for robo-advisers. Findings The update reflects the Staff’s increasing concern about the potential risks of the robo-adviser platform and provides a listing of key issues that the SEC’s Office of Compliance Inspections and Examinations (OCIE) – which recently added “electronic investment advice” as a new focus for its 2017 examinations – may zero in on when examining robo-advisory firms. Practical implications Robo-advisers should carefully review the Staff’s update to evaluate whether their firms’ operations address the guidance. Originality/value Practical advice from experienced securities regulatory lawyers.