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Journal articles on the topic 'Mandatory law'

Author: Grafiati

Published: 22 October 2022

Last updated: 31 July 2025

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1

&NA;, &NA;. "MANDATORY PHYSICIAN ASSIGNMENT LAW." Journal of Wound, Ostomy and Continence Nursing 13, no. 6 (1986): 22A. http://dx.doi.org/10.1097/00152192-198611000-00007.

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2

Trossman, Susan. "Mandatory Reporting Law Gone Awry." AJN, American Journal of Nursing 105, no. 6 (2005): 73–75. http://dx.doi.org/10.1097/00000446-200506000-00032.

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3

Zhou, Qi. "Limits of mandatory rules in contract law: an example in agency law." Northern Ireland Legal Quarterly 65, no. 4 (2019): 357–69. http://dx.doi.org/10.53386/nilq.v65i4.221.

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This paper uses Article 17 of the Commercial Agent (Council Directive) Regulations 1993 as an example to illustrate the regulatory limits of a mandatory rule in contract law. Article 17 aims to protect commercial agents by forcing the principal to a commercial agency contract to make a mandatory end payment to the agent on termination of the contract. This paper argues that Article 17 cannot benefit the commercial agent. Rather, it makes both the agent and the principal worse off. Based on the analysis, the paper provides four general implications for understanding the limits of the mandatory

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4

Nik Wajis, Nik Rahim. "REVISITING LAW OF APOSTASY IN ISLAMIC LAW." Malaysian Journal of Syariah and Law 6, no. 2 (2018): 25–39. http://dx.doi.org/10.33102/mjsl.vol6no2.141.

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There are various verses from Al-Quran that speak about freedom of beliefs. However, none of them instruct the believers to exercise mandatory death penalty on apostate. There are few Prophetic Traditions that have been used as the basis to form the mandatory death penalty by four major schools of jurisprudence. The need to revisit this issue is supported by a handful of modern Islamic scholars such as Sheikh Dr. Muhammad Saâ€™id Ramadhan al-Bouthi, Dr. Thoriq Suwaidan, Dr. Adnan Ibrahim among others. This paper does not intend to undermine the previous works of our past great scholars but thi

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5

Wojewoda, Michal. "Mandatory Rules in Private International Law." Maastricht Journal of European and Comparative Law 7, no. 2 (2000): 183–213. http://dx.doi.org/10.1177/1023263x0000700204.

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6

Maddern, Guy, and Joseph Wayne Smith. "Surgical ethics, law and mandatory reporting." ANZ Journal of Surgery 81, no. 12 (2011): 855–56. http://dx.doi.org/10.1111/j.1445-2197.2011.05928.x.

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7

Lazareff, S. "Mandatory Extraterritorial Application of National Law." Arbitration International 11, no. 2 (1995): 137–50. http://dx.doi.org/10.1093/arbitration/11.2.137.

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8

Gordon, Jeffrey N. "The Mandatory Structure of Corporate Law." Columbia Law Review 89, no. 7 (1989): 1549. http://dx.doi.org/10.2307/1122812.

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9

Walsh, Kevin. "The Mandatory Arrest Law: Police Reaction." Pace Law Review 16, no. 1 (1995): 97. http://dx.doi.org/10.58948/2331-3528.1337.

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10

Sheehy, Elizabeth. "Mandatory Minimum Sentences: Law and Policy." Osgoode Hall Law Journal 39, no. 2 (2001): 261–72. http://dx.doi.org/10.60082/2817-5069.1461.

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11

Madoc-Jones, Iolo. "Mandatory drug testing." Probation Journal 53, no. 1 (2006): 81–82. http://dx.doi.org/10.1177/026455050605300111.

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Cuijpers, Colette. "A Private Law Approach to Privacy; Mandatory Law Obliged?" SCRIPT-ed 4, no. 4 (2007): 304–18. http://dx.doi.org/10.2966/scrip.040407.304.

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13

Criddle, Evan J., and Evan Fox-Decent. "Mandatory Multilateralism." American Journal of International Law 113, no. 2 (2019): 272–325. http://dx.doi.org/10.1017/ajil.2019.3.

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AbstractThis Article challenges the conventional wisdom that states are always free to choose whether to participate in multilateral regimes. International law often mandates multilateralism to ensure that state laws and practices are compatible with sovereign equality and joint stewardship. The Article maps mandatory multilateralism's domain, defines its requirements, and examines its application to three controversies: the South China Sea dispute, the United States’ withdrawal from the 2015 Paris Agreement, and Bolivia's case against Chile in the International Court of Justice.

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14

Storme, Matthias E. "Freedom of Contract: Mandatory and Non-Mandatory Rules in European Contract Law." European Review of Private Law 15, Issue 2 (2007): 233–50. http://dx.doi.org/10.54648/erpl2007012.

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Abstract:The purpose of this paper is a reflection of the position and function of common European rules in respect of limitations to freedom of contract, and more specifically on the role of mandatory and non-mandatory rules in general. After dealing with this more generally in the first part, the article addresses in its second part the different techniques restricting freedom of contract that we find in the PECL, the acquis communautaire, or the draft ‘common frame of reference’ (CFR). It is especially critical of anti-discrimination laws. Résumé:Cet article se propose de réfléchir sur la p

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15

Svirin, Yury Alexandrovich, Sergej Nikolaevich Shestov, Vladislav Petrovich Sorokin, Marina Andreevna Simanova, and Catherina Aleksandrovna Kukhturskaya. "Super-mandatory rules in private international law." LAPLAGE EM REVISTA 7, Extra-C (2021): 29–37. http://dx.doi.org/10.24115/s2446-622020217extra-c981p.29-37.

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The article studies the concept and the need to apply super-mandatory rules in international private relations. The concept of super-mandatory rules emerged in international law in the 20th century. However, different countries provide various definitions of such rules and develop different practices of their application. The diversification of this concept hinders the effective protection of violated rights and obligations of parties to international relations. Analyzing different acts of international law, the authors of the article offer their vision of super-mandatory rules. Methods: The t

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16

Otnyukova, G. D. "Mandatory Requirements for Entrepreneurial Activity." Courier of Kutafin Moscow State Law University (MSAL)), no. 7 (September 23, 2022): 147–55. http://dx.doi.org/10.17803/2311-5998.2022.95.7.147-155.

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The article analyzes the provisions of the Federal Law of 31.07.2020 “On mandatory requirements in the Russian Federation”. It is proposed to supplement the principles of establishing mandatory requirements specified in the law with the principles of controllability of the requirements and succession. The said law details the requirements established by the regulatory legal acts of the Government of the Russian Federation, the federal executive authority or an authorized organization, that is, determines what information should be contained in the mandatory requirements. It is concluded that t

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17

Zgrabljić Rotar, Dora. "OVERRIDING MANDATORY PROVISIONS IN CROATIAN PRIVATE INTERNATIONAL LAW." Pravni vjesnik 37, no. 3-4 (2021): 81–100. http://dx.doi.org/10.25234/pv/13256.

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Overriding mandatory provisions are mandatory provisions that are applicable in situations with an international element. The author analyses overriding mandatory norms in the European private international law and in the Croatian national private international law. The definition of such norms provided in the 2017 Croatian Private International Law Act is almost a verbatim copy of the definition provided in the Rome I Regulation on the law applicable to contractual obligations. The 1982 Croatian Private International Law Act did not provide for a definition of overriding mandatory norms but i

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Fawcett, J. J. "Evasion of Law and Mandatory Rules in Private International Law." Cambridge Law Journal 49, no. 1 (1990): 44–62. http://dx.doi.org/10.1017/s0008197300106889.

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It has often been asserted that English private international law has no doctrine of evasion of the law. It is true that English law has never developed a general doctrine, like the French one of fraude a la hi, to deal with cases of evasion. Nonetheless, evasion of the law has been recognised as a problem in at least some areas of private international law, and an increasing number of specific anti-evasion measures have been introduced in response to this. The English approach towards evasion is a pragmatic one rather than being based on any broad underlying theory. In particular, the fundame

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19

VAN ZYL SMIT, DIRK. "Mandatory Sentences." Punishment & Society 2, no. 2 (2000): 197–212. http://dx.doi.org/10.1177/14624740022227953.

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20

Cumberlege, Justin. "The Mandatory Network Agreement." Practice Management 29, no. 5 (2019): 38. http://dx.doi.org/10.12968/prma.2019.29.5.38.

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21

Bisping, Christopher. "THE COMMON EUROPEAN SALES LAW, CONSUMER PROTECTION AND OVERRIDING MANDATORY PROVISIONS IN PRIVATE INTERNATIONAL LAW." International and Comparative Law Quarterly 62, no. 2 (2013): 463–83. http://dx.doi.org/10.1017/s0020589313000055.

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AbstractThis article analyses the relationship of the proposed Common European Sales Law (CESL) and the rules on mandatory and overriding provisions in private international law. The author argues that the CESL will not achieve its stated aim of taking precedence over these provisions of national law and therefore not lead to an increase in cross-border trade. It is pointed out how slight changes in drafting can overcome the collision with mandatory provisions. The clash with overriding mandatory provisions, the author argues, should be taken as an opportunity to rethink the definition of thes

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22

Kannai, Ruth. "The Judge's Discretion in Sentencing: Israel's Basic Laws and Supreme Court Decisions." Israel Law Review 30, no. 3-4 (1996): 276–315. http://dx.doi.org/10.1017/s0021223700015119.

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In the Israeli legal system, trial courts determine offenders' punishments. Israeli law only sets maximum penalties for crimes and offenses, and rarely provides for mandatory punishment. Even the few instances of mandatory punishment are subject to the judicial discretion recently bestowed by amendment 39 of the Penal Law authorizing the court to impose a sentence lighter than the mandatory punishment, under special circumstances. The broad discretion bestowed by amendment 39 created a situation in which in practice the law would no longer provide for substantive mandatory sentencing. In view

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23

Lando, Ole. "Optional or Mandatory Europeanisation of Contract Law." European Review of Private Law 8, Issue 1 (2000): 59–69. http://dx.doi.org/10.54648/264249.

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This article argues in favour of a Europeanisation of contract law. It is submitted that we the citizens of Europe cannot content ourselves with the existing Europeanisation which is both fragmentary and uncoordinated and which provides no general principles. The Commission on European Contract Law has been established to provide Principles of European Contract Law. The experience of the Commission is that a Europeanisation of contract law is feasible. The Union could either aim at a creeping uncodified harmonisation brought about by the scholars and the courts or a codification ic, a European

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24

Gábriš, Tomáš. "Mandatory and Default Rules in Private Law." Bratislava Law Review 4, no. 1 (2020): 61–70. http://dx.doi.org/10.46282/blr.2020.4.1.163.

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The paper summarizes philosophical, historical and doctrinal background of the differentiation between mandatory and default rules in private law in general and in company law in particular. The conclusion of the author is the plea to provide for a clear guidance in the respective doctrine and legislation as to the criteria and principles applicable to distinguishing between the two types of regulations.

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Patakyová, Mária, and Martin Winner. "Mandatory and Default provisions in Company Law." Bratislava Law Review 4, no. 1 (2020): 45–46. http://dx.doi.org/10.46282/blr.2020.4.1.170.

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26

Vučković, Vuk. "Mandatory lawyers liability insurance in German law." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 117–28. http://dx.doi.org/10.5937/gakv0603117v.

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<Zaključak> Osiguranje od odgovornosti iz advokatske delatnosti veoma je široko rasprostranjeno i u ostalim evropskim zemljama. Tako je ono obavezno u Velikoj Britaniji, Holandiji, Švajcarskoj, dok se u ostalim zemljama u praksi često zaključuje i preporučuje advokatima. Primetna je i tendencija zakonske regulacije ove vrste osiguranja kao obaveznog osiguranja, kao što je to trenutno slučaj u Luksemburgu. U Americi ovo osiguranje sa izuzetkom države Oregon nije obavezno, ali ga većina advokata redovno zaključuje. U svakom slučaju, odlike ove vrste osiguranja su prvenstveno zaštita klijen

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27

Ehman, A. J. "Saskatchewan MDs oppose new mandatory testing law." Canadian Medical Association Journal 173, no. 12 (2005): 1437–38. http://dx.doi.org/10.1503/cmaj.051460.

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28

Mayer, P. "Mandatory rules of law in international arbitration." Arbitration International 2, no. 4 (1986): 274–93. http://dx.doi.org/10.1093/arbitration/2.4.274.

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29

PAGE, BENJAMIN W., RICHARD THAILER, and THOMAS G. KWIATKOWSKI. "New York State Mandatory Seatbelt Use Law." Journal of Trauma: Injury, Infection, and Critical Care 26, no. 11 (1986): 1031–33. http://dx.doi.org/10.1097/00005373-198611000-00012.

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30

Bartlet, Michael. "Mandatory Mediation and the Rule of Law." Amicus Curiae 1, no. 1 (2019): 50–83. http://dx.doi.org/10.14296/ac.v1i1.5066.

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This article evaluates mediation practice against the core principles that Thomas Bingham identifies as constituting the rule of law. It identifies three forms of compulsion and discusses these in the light of Thomas Bingham’s eight principles. The article examines how voluntary mediation may increase access to justice, a significant component of the rule of law, but an element of compulsion, in its strict sense, impedes the constitutional right of access to the courts and stifles the development of precedent. To comply with the rule of law, in its more substantive version, any instruction tha

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31

Peng, Sha. "Invalidity of Contracts in Violation of Mandatory Provisions of Public Law: Judicial Practice in China." Academic Journal of Management and Social Sciences 5, no. 2 (2023): 167–69. http://dx.doi.org/10.54097/ajmss.v5i2.35.

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Researchers have always favored how mandatory provisions of public law affect the validity of contracts. After the implementation of China's Civil Law, how to recognize the invalidity of contracts that violate the mandatory provisions of public law has also been hotly debated by the theoretical and practical circles. From the perspective of the Civil Law, which fully respects the concept of private law autonomy, and from the perspective of assuming the validity of a contract as a prerequisite for the application of the law in practice, a contract that violates the mandatory provisions of publi

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32

Ben-Shahar, Omri. "How Bad Are Mandatory Arbitration Terms?" University of Michigan Journal of Law Reform, no. 41.4 (2008): 777. http://dx.doi.org/10.36646/mjlr.41.4.how.

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This symposium was presented in the 2008 Annual Meeting of the Contracts Section of the American Association of Law Schools. Indeed, studying the unconscionability of arbitration terms has become a standard feature of first-year contracts courses. This is perhaps one of the hotter topics in today's contract law and policy. Contractual rights, as they are enforced by contract law, might have substantially different values depending on the venue through which they can be vindicated. It is hard to predict how these values differ, but hopefully this symposium will inform some of these predictions.

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33

Gliniecki, Bartłomiej. "Mandatory and Default Rules in Polish Company Law." Bratislava Law Review 4, no. 1 (2020): 71–78. http://dx.doi.org/10.46282/blr.2020.4.1.164.

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Company law regulations provide opportunity of individual shaping some of companies’ and partnerships’ rules of operation. Proper determination of those regulations which may be modified by adopting different rules in articles of association (company statues, partnership agreement) is important as far as legal safety of corporate regulations is concerned. Abusing or misunderstanding of company law regulations may lead to invalidity of contractual arrangements that would infringe mandatory regulation of company law. The article provides a general view on the principle of freedom of shaping comp

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St. Antoine, Theodore. "Mandatory Arbitration: Why It's Better Than It Looks." University of Michigan Journal of Law Reform, no. 41.4 (2008): 783. http://dx.doi.org/10.36646/mjlr.41.4.mandatory.

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"Mandatory arbitration" as used here means that employees must agree as a condition of employment to arbitrate all legal disputes with their employer, including statutory claims, rather than take them to court. The Supreme Court has upheld the validity of such agreements on the grounds that they merely provide for a change of forum and not a loss of substantive rights. Opponents contend this wrongfully deprives employees of the right to a jury trial and other statutory procedural benefits. Various empirical studies indicate, however, that employees similarly situated do about as well in arbitr

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35

Gayo, Sabela. "Mandatory Mediation Under Indonesia Legal System." International Journal of Research and Review 11, no. 11 (2024): 340–47. http://dx.doi.org/10.52403/ijrr.20241130.

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Mediation is a form of dispute resolution outside of court. Mediation is regulated in Law No. 30 of 1999 concerning arbitration and Alternative Dispute Resolution. However, this law does not specifically regulate mediation, and PERMA Number 1 of 2016 concerning Supreme Court mediation procedures again regulates mediation. PERMA does not exist in the hierarchy of laws and regulations and PERMA seems to fill a legal gap in the product of the law plus the warrant of the National Police Chief number 6 of 2019 concerning the handling of criminal acts based on the principle of Restorative Justice an

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36

Phillips, Scott W., and James J. Sobol. "Twenty Years of Mandatory Arrest." Criminal Justice Policy Review 21, no. 1 (2008): 98–118. http://dx.doi.org/10.1177/0887403408322962.

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37

Tilley, John, Serena Chang, and Richard J. Peay. "Good Data, Good Law." Federal Sentencing Reporter 33, no. 4 (2021): 262–64. http://dx.doi.org/10.1525/fsr.2021.33.4.262.

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Real-time data is crucial in delivering actionable information, yet sparse in the criminal justice space. Often, practitioners and policy makers (“System Actors”), are forced to rely on information that is missing, incorrect, and/or outdated. Recidiviz, a nonpartisan tech non-profit, enables System Actors to make data-driven decisions as part of their regular workflows. This article describes Recidiviz’s work modeling the projected influence of eliminating mandatory minimums in Virginia, including state costs avoided, impact on the prison population, and number of life-years individuals would

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Malagurski, Branislav. "Mandatory and Default Rules in Serbian Company Law." Bratislava Law Review 4, no. 1 (2020): 79–92. http://dx.doi.org/10.46282/blr.2020.4.1.172.

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The matter of company law in Serbia is regulated by the Law on Companies, which does not contain the general provision defining whether it is based on the freedom of will, unlike the Law on Obligations, which defines so. Even therefrom, it can be concluded that the rules of the Law on Companies are in general mandatory. Such conclusion only confirms the exception-provision which defines that founders of the LLC their mutual relations and their relations with the Company regulate freely, unless by this Law otherwise defined. So, only the rules regulating mutual relations of founders and their r

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39

Stojšić-Dabetić, Jelena. "Overriding mandatory rules in the international private law." Pravo - teorija i praksa 35, no. 7-9 (2018): 45–60. http://dx.doi.org/10.5937/ptp1806045s.

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40

Schlachter, Monika. "Mandatory Retirement and Age Discrimination under EU Law." International Journal of Comparative Labour Law and Industrial Relations 27, Issue 3 (2011): 287–99. http://dx.doi.org/10.54648/ijcl2011019.

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In what direction has the prohibition of age discrimination been heading since the European Court of Justice (ECJ) ruled in Rosenbladt that there are almost no limits to the discretion of Member States in adopting mandatory retirement rules? This article argues that the general labour market policy of Member States will probably continue to be exempt from strict judicial scrutiny when long-standing features of employment law that are shared by many States are concerned. However, in the case of rules for specific occupations or specific age-related entitlements, the margin of discretion left to

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41

Likhovski, Assaf. "The Invention of "Hebrew Law" in Mandatory Palestine." American Journal of Comparative Law 46, no. 2 (1998): 339. http://dx.doi.org/10.2307/840933.

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42

Hyder Razvi, S. M. "Mandatory Rules of Law in International Business Arbitration." LAHORE JOURNAL OF ECONOMICS 3, no. 2 (1998): 35–58. http://dx.doi.org/10.35536/lje.1998.v3.i2.a3.

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Of all mankind’s adventures in search of peace and justice, arbitration is amongst the earliest. Long before law was established, or courts were organised, or judges had formulated principles of law, man had resorted to arbitration for the resolution of discord, the adjustment of differences and the settlement of disputes. One of the recurring themes in International Business Arbitration is the tension between the will of the parties and the ability of states of regulate the conduct of arbitration proceedings. The general trend in international commercial arbitration is to respect, within limi

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43

Gavious, Ilanit, Avia Spivak, and Rami Yosef. "Pension reform in Israel under mandatory pension law." Pensions: An International Journal 14, no. 1 (2009): 4–13. http://dx.doi.org/10.1057/pm.2008.33.

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44

Tsai, M. C., and D. Hemenway. "Effect of the mandatory helmet law in Taiwan." Injury Prevention 5, no. 4 (1999): 290–91. http://dx.doi.org/10.1136/ip.5.4.290.

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45

Moravcová, Dominika. "Overriding Mandatory Rules in EU Private International Law." Bratislava Law Review 8, no. 2 (2024): 111–30. https://doi.org/10.46282/blr.2024.8.2.865.

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As a result of the increasing incidence of private law relationships with a foreign element, courts hearing cases are frequently obliged to apply foreign law. The interference of foreign law is liable to produce effects that may conflict with the public interest of the lex fori. Precisely for this reason, we consider it essential to be aware of the available protective mechanisms through which the court can protect the public interest, not only of the lex fori, but even, under certain circumstances, of the public interest of the foreign legal order. The present article deals with the mechanism

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46

Sassi, Wafa, Hakim Ben Othman, and Khaled Hussainey. "The impact of mandatory adoption of XBRL on firm’s stock liquidity: a cross-country study." Journal of Financial Reporting and Accounting 19, no. 2 (2021): 299–324. http://dx.doi.org/10.1108/jfra-07-2020-0207.

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Purpose The purpose of this paper is to examine the impact of the mandatory adoption of eXtensible Business Reporting Language (XBRL) on firm’s stock liquidity. Design/methodology/approach Using a random-effects model, this study examines the impact of the mandatory adoption of XBRL (ADOPXBRL) on firm’s stock liquidity of 980 companies pertaining to 13 countries for a period from 2000 to 2016. Findings This paper finds that the mandatory ADOPXBRL affects negatively and significatively Amihud’s (2002) illiquidity ratio. Therefore, mandatory XBRL adoption enhances the firm’s stock liquidity. In

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47

Kurniawan Akbar, Ade. "PENGATURAN WASIAT WAJIBAH TERHADAP ANAK ANGKAT MENURUT HUKUM ISLAM." AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM 4, no. 1 (2019): 1. http://dx.doi.org/10.29300/imr.v4i1.2193.

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Abstract: The inheritance law is an approved law regarding the transfer of assets issued by a person who is delayed and the consequences for his heirs. In a will which is also called a mandatory will, a will is usually given to people who are not heirs. Mandatory obligation is a mandatory requirement for every Muslim to provide part of the inheritance to family members needed and for adopted children. The type of research used in this journal is a normative legal research method. Normative research or library research is legal research conducted by examining library material or mere secondary

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El-Shahid, Sarwat Abd, Tarek Badawy, and César R. Ternieden. "Arbitrability and Choice of Law in Transfer of Technology Agreements Under Egyptian Law." Journal of International Arbitration 34, Issue 1 (2017): 55–78. http://dx.doi.org/10.54648/joia2017004.

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This article analyses the mandatory provisions of Article 87 of the Egyptian Trade Law of 1999 concerning the arbitration of disputes on transfer of technology agreements, and attempts to shed light on this problematic topic of Egyptian law, particularly in light of the dearth of relevant Egyptian jurisprudence. This article demonstrates the contradiction between the Egyptian Supreme Constitutional Court’s view of the ‘mandatory’ nature of the Arbitration Provision of Article 87(1) and the plain language of the statutory provision, that is not synchronized with the current Egyptian Arbitration

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A., Afaq,, and Thachappilly, A. "The Key to Democracy: Mandatory Pre-Legislative Consultation." CARDIOMETRY, no. 24 (November 30, 2022): 903–8. http://dx.doi.org/10.18137/cardiometry.2022.24.903908.

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India’s policy of public consultation in the legislation process is currently not mandatory. The concept of pre-legislative scrutiny and inclusion of the public has proven to be an invaluable addition to the democratic process, and the absence of the same has led to instances of widespread protest and discontentment. The policy of pre-legislative scrutiny was introduced in 2014. However, certain bills passed post-2014 have witnessed public outcry over its lack of consultation and majority stakeholders’ adverse effects. This paper aims to highlight the importance of pre-legislative scrutiny and

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50

Andrews, N. H. "The Interlocutory Grant of Mandatory Injunctions." Cambridge Law Journal 47, no. 1 (1988): 34–35. http://dx.doi.org/10.1017/s0008197300133707.

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