Journal articles on the topic 'Online Civil Money Claim'
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1
Abbasy, Md Mahar. "The Online Civil Money Claim." International Journal of Online Dispute Resolution 6, no. 1 (August 2020): 4–16. http://dx.doi.org/10.5553/ijodr/235250022020006001002.
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Panova, Liudmyla, and Vitalii Makhinchuk. "THE CIVIL LAW NATURE OF ELECTRONIC MONEY." Baltic Journal of Economic Studies 6, no. 1 (March 16, 2020): 100. http://dx.doi.org/10.30525/2256-0742/2020-6-1-100-104.
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The purpose of the article is to examine the civil law nature of electronic money. The subject of the research is the features of the civil law nature of electronic money. Methodology. Research methods are chosen based on the object, subject and purpose of the study. The study used general scientific and special methods of legal science. Thus, the analysis and synthesis method as well as the logical method were used to formulate a holistic view on electronic money, their features and legal nature. The logical-semantic method was used to establish the meaning of the concepts “electronic money”, “non-cash money”, “payment instrument”, “electronic payment instrument”. The comparative method was used when analyzing scientific categories, definitions and approaches. The legal modeling method was applied to formulate the author’s definition of the term “electronic money”. Results. The article generalizes scientific views on the civil law nature of electronic money. A distinction has been made between electronic money and currency unit, non-cash money and the right to claim. As the result it has been established that electronic money is the monetary obligation. Practical implication. The study should assist in developing the unified approach to the issue of the civil law nature of electronic money. Value/originality. As the result of the study the author’s definition of the concept “electronic money” with regard to its civil law nature has been proposed.
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Radolović, Aldo, and Oliver Radolović. "Neke nove refleksije o građansko-trgovačkim specifičnostima novčanih obveza." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, no. 1 (2018): 335–50. http://dx.doi.org/10.30925/zpfsr.39.1.11.
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Money obligations are a very attractive legal category in civil and commercial law. In credit agreements, especially in consumer credits, it is extremely important. The sole function of money is to represent value, and therefore it is irrelevant which currency is used by the contracting parties. A fall in the value of money claims an adeguate “matching”, which can be performed in more different ways. A creditor is not entitled to get back a higher total amount of loan compared to the initial value, but anyway he may claim its real value, and, consequently, the same standard is applicable to the debtor when money value experiences appreciation.
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Yun, Sohyun, and Changwon Lee. "The Criminal Liability in the Case where the Transferor of the Nominated Claim has Received and Consumed Reimbursement before the Notice of Transfer." Institute for Legal Studies Chonnam National University 42, no. 3 (August 30, 2022): 371–95. http://dx.doi.org/10.38133/cnulawreview.2022.42.3.371.
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The court have acknowledged that if the transferor of bond received and consumed money, which is a reimbursement, from the debtor before the notification of transfer, the transferee has the ownership of the money and the transferor in the custody of the money and the transferor is guilty of the embezzlement, but lately denied all of it in this case.
The majority opinion discussed whether to apply the ownership of money under criminal law, which is different from that under civil law. But, in this case, even if the reimbursement is not money, ownership belongs to the transferor, so it is reasonable to assume that ownership belongs to the transferor without discussing the concept of ownership of money under civil law.
Recently, the court, distinguishing between the main benefit obligations and incidental obligations in the contract, recognized the breach of trust only in the case of non-fufillment of the main obligations. The majority in the case denied the breach of trust, adopting that theory. However, the court recognizes the storage duty under the principle of good faith in the case of embezzlement, and admitted that duty even in the case of a mistaken remittance, which is the case of no duty under the principle of good faith in the civil law because there is no transaction relationship at all. However, even in the civil law, in the case of subsidiary obligations recognized under the principle of good faith, they are not recognized as storage obligations under the Criminal Act. All of this goes against the unity of the legal system and the trust of the parties.
In the case of additional obligations under the principle of good faith, which is recognized under civil law, it is considerable to recognize the obligation in the case of embezzlement or breach of trust in light of legal relations and the will of the parties of the case. That theory should be adopted in this case. However, since the ownership of the reimbursement product of the bond transferee is not recognized, it is quite considered as a breach of trust.
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Vavilova, Ekaterina. "Electronic Money: the Problem of Determining the Place in the System of Objects of Civil Rights." Legal Concept, no. 2 (July 2020): 110–15. http://dx.doi.org/10.15688/lc.jvolsu.2020.2.16.
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Introduction: with the development of the digital economy, the sphere of non-cash payments reaches its peak value. This legal institution is particularly important in connection with the goal set in Russia’s strategic documents to improve the quality of non-cash payments and bring them to a new, technologically advanced level. The good legal regulation of certain legal issues in this regard is one of the most urgent tasks of the modern state. In this regard, the author aims to study an important element of the system of non-cash payments –electronic money – and determine its place in the civil rights system. Methods: the methodological framework for this research is a set of methods of scientific knowledge, among which the main ones are the comparative legal method, as well as the methods of systematicity and analysis. Results: the author’s well-founded position is based on the analysis of the legislation and opinions of the scientists expressed in the competent scientific community on the issue of recognizing electronic money as an object of civil rights and, accordingly, assigning it to a certain category of objects named in Article 128 of the Civil Code of the Russian Federation. Conclusions: the study proved that the lack of full understanding of the legal nature of electronic money was connected with the unresolved issue of its belonging to the objects of civil rights, in whose connection it substantiated the belonging of electronic money to the rights of obligation to claim to be included in Article 128 of the Civil Code of the Russian Federation as an object of civil rights.
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Hai, Dinh Tuan. "Assessment of Contractors’ Claims on Construction Projects in Vietnam." Open Civil Engineering Journal 13, no. 1 (December 31, 2019): 218–28. http://dx.doi.org/10.2174/1874149501913010218.
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Background: Claims have increasingly become inevitable in construction projects. A great amount of money, time, and merit of claims are the most critical factors that prudent companies should not overlook. Objective: The objective of the study is to survey claim practices in the Vietnamese construction industry by collecting data from both contractors and consultants. Material and Methods: This paper presents findings that the lack of awareness of the on-site people is the major problem of claims management. Moreover, the inadequacy of supporting evidence, originating from the unawareness of personnel as well as improper documentation system, is also a serious problem causing the loss of chances to recover incurred damages. Conclusion: To overcome these problems, it is recommended that the management should pay more attention to these aspects in order to have effective claim management, by which unnecessary losses could substantially be reduced and deserving compensation would be recovered.
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Neimane, Liene. "Money Laundering Issues and Recent Trends." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, no. 23 (2022): 96–110. http://dx.doi.org/10.25143/socr.23.2022.2.096-110.
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The legitimate aim of confiscation of property obtained by crime can be defined as the removal of property obtained by crime from the lawful civil circulation to prevent its further circulation and the commission of further criminal offences and to reduce the financial incentive to commit criminal offences. The author’s research into the case law and new trends has led to the conclusion that the qualification of property as criminally acquired requires time and understanding of the application of the relevant rules in practice. The study examines current issues in money laundering cases and recent trends. In many cases, the evidence presented to prove the legal origin of assets is often considered insufficient by the prosecution. In order to develop an understanding of what the proceeds of crime really are, an appropriate institution should be established with relevant economic expertise and understanding of business structure, to name the few. It has been often found that property or other assets are confiscated simply due to the lack of understanding or lacking education, knowledge and practical experience, which leads to unjustified decisions. Thus, assets are considered to be criminally acquired and confiscated for the benefit of the State. In this way, the State itself is put at risk, because sooner or later, a claim for compensation will be brought, as human rights violations are also detected. Keywords: anti-money laundering, money laundering
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Akbar, Muh. "JUAL BELI DROPSHIPPING DALAM TINJAUAN HUKUM ISLAM." Al-Amwal : Journal of Islamic Economic Law 5, no. 2 (September 17, 2020): 11–30. http://dx.doi.org/10.24256/alw.v5i2.1936.
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The research seeks to obtain and describe data regarding the sale and purchase of dropshipping in Islamic law. Research Results: 1) In practice, the buyer transfers a certain amount of money in cash then from the money the dropshipper buys the goods to the agent, then the agent will send the goods but the delivery not on behalf of the agent but on behalf of the dropshipper because the product actually owned by the dropshipper. 2) Online dropshipping trading transactions according to Islamic law are permitted as long as they meet the principles and requirements of the sale and purchase, until there was a special argument that prohibits the transaction in Islam. The rule of law of muamalah in Islam was permissible as long as there was an argument or nash of shari that prohibits the muamalah, dropshipping trading does not violate sharia provisions. 3) Advantages of buying and selling through online dropshipping transactions. Buying and selling dropshipping online can boost sales of more products to buyers through existing marketers. There are several disadvantages or drawbacks to the dropshipping business owner, namely: The risk for a dropshipping owner was a bet because marketers can over-claim their products. Research implications that the author can convey in this study are several ways of online business that can be compared with dropshipping: Providing procurement services. So the seller can offer services to others for the procurement of the goods they need. Become an authorized agent and distributor.
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Rogers, Alison. "How the E-Government Can Save Money by Building Bridges Across the Digital Divide." Michigan Journal of Race & Law, no. 22.1 (2016): 163. http://dx.doi.org/10.36643/mjrl.22.1.how.
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As government agencies and federal aid recipients begin to build a presence online, they must recognize that language accessibility is morally required, fiscally responsible, and compulsory under federal civil rights law. This Note explores statutes, federal policies, and case law that purport to protect the rights of limited English proficient (“LEP”) individuals in cyberspace. The Note suggests reforms, policies, and programs that should be adopted by federal aid recipients to ensure that LEP individuals have meaningful access to online services.
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Vasilevskaya, Liudmila Yu, and Marina A. Rozhkova. "Provision of Escrow Services at the Absence of an Agreement: The Assessment for Compliance with the Russian Law." Cuestiones Políticas 37, no. 64 (May 14, 2020): 111–23. http://dx.doi.org/10.46398/cuestpol.3764.09.
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Based on an analysis of the norms of the Civil Code of the Russian Federation, the authors studied the legal basis for the provision of a range of services by the online classified in the digital environment. Additionally, the authors studied the structure of relations arising between the buyer, seller, online classified, delivery service, and the bank. The article substantiates that there is a conditional escrow of property in the framework of the considered relations, but the fact of concluding an agreement creating an appropriate legal basis for such an escrow is not observed. The study results identify several civil law agreements, needed for the goods delivery services offered by online classifieds. The authors concluded that the relationship system built by the online classified with sellers, buyers, a delivery service, and a bank and providing for the reservation of the buyer’s money excludes the conclusion of an escrow agreement.
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Malbin, D. A. "Features of Reclaiming Funds and Securities from a Bona Fide Purchaser." Actual Problems of Russian Law 17, no. 6 (May 22, 2022): 82–89. http://dx.doi.org/10.17803/1994-1471.2022.139.6.082-089.
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Consolidating the institution of protection of a bona fide purchaser, the current legislation simultaneously established special rules for the recovery of funds and certain securities. Good faith constitutes the condition for protection of the purchaser of such objects. Taking into account that possession legitimizes the authorized person in relation to bearer securities, the purchaser will be in good faith in almost all cases when the alienator owned such securities. Despite the fact that cash is not securities, they have some similarities, in connection with which it should also be assumed that the legitimization of the authorized person in relation to the funds is carried out through thier possession. In view of the peculiarities of money as an object of law and civil turnover, as well as in order to facilitate protection of the owner’s rights through other means of protection, it is advisable to exclude the possibility of reclaiming money, including from a mala fide purchaser. In this case, the owner has the right to file a claim for damages against the offender instead of claiming money. In addition, there is currently competition between the norms of Clause 3 of Article 147.1 and Clause 3 of Article 302 of the Civil Code of the Russian Federation, which otherwise stipulates the list of securities that cannot be claimed from a bona fide purchaser. In law enforcement, Paragraph 3 of Article 147.1 should have priority over paragraph 3 of Article 302 of the Civil Code of the Russian Federation as a norm adopted later. Meanwhile, considering that documentary securities are things in respect of which their owner has a proprietary right (ownership), reclamation of such securities should be fixed in Chapter 20 of the Civil Code of the Russian Federation, namely in Article 302, which establishes the specifics of reclaiming property from a bona fide purchaser.
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Hamin, Zaiton, Normah Omar, and Muhammad Muaz Abdul Hakim. "Implications of forfeiting property in money laundering cases in Malaysia." Journal of Money Laundering Control 20, no. 4 (October 2, 2017): 334–44. http://dx.doi.org/10.1108/jmlc-10-2015-0046.
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Purpose The purpose of this paper is to examine the broad concept of forfeiture, its legal positions in the UK and Malaysia, and to highlight the implications of such forfeiture systems and legislations. Design/methodology/approach This paper uses a doctrinal legal analysis and secondary data, which analyses primary sources, the POCA (2002) and the AMLATFA 2001, and secondary sources including case law, articles in academic journals, books and online databases. Findings The authors contend that the civil forfeiture system and law have far-reaching implications, affecting not only law enforcement agencies, but also on property owners, the courts and bona fide third parties. Also, civil forfeiture law as contained in AMLATFA 2001 represents one of the most serious encroachments on private property rights. Not only that, such a legal rule has made property, and not the owner, guilty until proven innocent. Originality/value This paper could be a useful source of information for practitioners, academicians and students. It could also be a beneficial guide for policymakers for any possible future amendments to the law.
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Jorbenadze, Sergi. "Die Vertragsstrafe im georgischen Recht." osteuropa recht 65, no. 4 (2019): 457–66. http://dx.doi.org/10.5771/0030-6444-2019-4-457.
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Contractual Penalties under Georgian Law With the development of contractual relations in Georgia, it has become more common for the parties of a contract to include conditions of a penalty in their agreement. Georgia, as a member of the continental law family, actively shares the European experience and executes the guidance of individual institutions. One proof of this fact is the inclusion of penalties in the Civil Code and its practical realization, which is characterized by interesting explanations in court. Penalty, as an additional means of securing a demand, has an accessory nature. It has predominantly a penalty (sanctioned) function that is completely independent of the damage inflicted. Thus, a penalty claim does not preclude a claim for damages. Unlike the legislation of some countries, the Civil Code of Georgia requires that the penalty must be expressed only in monetary form, which shall be written in the contract. There are two types of penalties: legal and contractual. In both cases, penalty request can be reached for breach of contractual obligation. Penalty, in Georgian Law can be expressed in different forms. In this respect, particularly selective is the so-called cumulative penalty, where the requirement to pay a fine together with the performance of the obligation is provided (preferably for a breach of the term). In contrast to the German Civil Code, the legislation does not know of Revocation in return for the forfeit money concept. One part of the thesis relates to this issue - it states that in spite of the absence of legal provisions, considering the principle of freedom of contract, its use is permitted in Georgian reality. The principal importance of the existence of these two institutions is mainly due to Article 420 of the Civil Code of Georgia: under that provision, the court may reduce the penalty to a reasonable amount, while it cannot reduce Revocation in return for forfeit money. Against the background of activating foreign (especially German) businesses and interest in Georgia, a number of agreements are concluded, whose part is from Georgia, or where the contract is based on Georgian law. In this regard, it is advisable that the contractor be more aware with regard to possible legal consequences in the case of future demand.
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Vukcevic, Ilija, and Miodrag Pešic. "Legal Protection of the Taxpayer before the Montenegrin Ordinary Judiciary: Case Practice of the Supreme Court and the Constitutional Court." Intertax 42, Issue 2 (February 1, 2014): 136–46. http://dx.doi.org/10.54648/taxi2014012.
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The usual way to achieve the right to effective legal protection of the taxpayer is the tax (administrative) procedure. When the tax administration charges more {tax than is prescribed by the law or in situations when it does not have the right to do so, the reaction of the taxpayer is to challenge this action according to tax (administrative) legislation with the goal of having his/her money refunded. However, in addition to this primary right, in certain national legal systems there is the possibility of using other legal remedies for the refund of illegally collected money. In those legal systems the taxpayer can claim compensation of damages before the civil courts (ordinary judiciary). The use of this secondary legal remedy for the refunding of the taxpayer's illegally collected money from the Tax Office of Montenegro (hereinafter: the Tax Office) is not regulated by Montenegrin legislation. The subject of the article will be the analysis of this controversial issue in the light of two cases before the Supreme Court of Montenegro (hereinafter: the Supreme Court) and the Constitutional Court of Montenegro (hereinafter: the Constitutional Court) in which during 2011 and 2012 the Montenegrin judiciary for the first time faced this problem.
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Barber, Brad M., Yi-Tsung Lee, Yu-Jane Liu, Terrance Odean, and Ke Zhang. "Learning, Fast or Slow." Review of Asset Pricing Studies 10, no. 1 (August 12, 2019): 61–93. http://dx.doi.org/10.1093/rapstu/raz006.
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Abstract Rational models claim “trading to learn” explains widespread excessive speculative trading and challenge behavioral explanations of excessive trading. We argue rational learning models do not explain speculative trading by studying day traders in Taiwan. Consistent with previous studies of learning, unprofitable day traders are more likely than profitable traders to quit. Consistent with models of overconfidence and biased learning (but not with rational learning), the aggregate performance of day traders is negative; 74% of day trading volume is generated by traders with a history of losses; and 97% of day traders are likely to lose money in future day trading. Received: March 4, 2019; Editorial decision: May 16, 2019 by Editor: Jeffrey Pontiff. Authors have furnished an Internet Appendix, which is available on the Oxford University Press Web site next to the link to the final published paper online.
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Al Sarairah, Ibraheim Saleh. "The Legal Regulation of Compensation for Consequential Damage in the Jordanian Civil Legislation." Journal of Arts and Social Sciences [JASS] 7, no. 2 (June 1, 2016): 299. http://dx.doi.org/10.24200/jass.vol7iss2pp299-313.
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In legal language, damage is money paid to a plaintiff for injuries or losses suffered. It is possible that the impact of damage could extend to others who are associated or linked to the injured party and this is called ‘consequential damage’. In this specific case, the damage must be proven to be a direct and immediate consequence of the relevant fault. In fact, consequential damage is a direct harm to the other injured party. There are certain conditions that must be observed for the injured party to be compensated. These are: the injury must be directed to the original injured party, there must be a relation between the original injured party and the consequentially damaged party, and the availability of causation between the damage and the consequential damage. As to the scope of consequential damage, the paper identifies consequentially damaged parties as kinsmen and individuals who have a common financial interest. The paper explains how to file a direct claim for compensation and explains how to estimate compensation for consequential damage and the principles governing this issue. The paper also discusses problems related to consequential damage and suggests solutions to these problems.
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Hackett, Ursula, and Desmond King. "The Reinvention of Vouchers for a Color-Blind Era: A Racial Orders Account." Studies in American Political Development 33, no. 02 (May 24, 2019): 234–57. http://dx.doi.org/10.1017/s0898588x19000075.
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Historically, vouchers, which provide a sum of money to parents for private education, were tools of racist oppression; but in recent decades some advocates claim them as “the civil rights issue of our time.” This article brings an analytic-historical perspective rooted in racial orders to understand how education vouchers have been reincarnated and reinvented since the Jim Crow era. Combining original primary research with statistical analysis, we identify multiple concurrent and consecutive transformations in voucher politics in three arenas of racial policy alliance contestation: expansion of color-blind policy designs, growing legal and political support from a conservative alliance, and a smorgasbord of voucher rationales rooted in color-blind framing. This approach demonstrates that education vouchers have never been racially neutral but served key roles with respect to prevailing racial hierarchies and contests.
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Audina Rahma, I Nyoman Putu Budiartha, and Diah Gayatri Sudibya. "Pengalihan Tanggung Jawab Pembayaran Utang Debitur Pinjaman Online kepada Ahli Waris." Jurnal Preferensi Hukum 3, no. 2 (April 30, 2022): 282–86. http://dx.doi.org/10.55637/jph.3.2.4931.282-286.
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Fintech Lending or Online Loans is an electronic media-based financial loan service that facilitates lenders and loan recipients through an application or website. All financial transactions are carried out under Electronic Contracts. Often the Online Loan Contract does not include a clause regarding the risks that may occur if the loan recipient (debtor) dies before the loan (receivable) is paid off. The problems in this study is the validity of the online loan agreement and the transfer of responsibility for paying debts from online loan debtors to their heirs. This study applies a normative method with a statutory and conceptual approach. The conclusion of this study is that the recipient of the loan/debtor is obliged to repay the money borrowed to the lender/creditor according to the amount and the agreed time period. The heirs can be held responsible for paying off debts when the heirs have stated that they have received the inheritance as referred to in Article 1045 of the Civil Code.
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Choi, Byeong Gyu. "A Study on Insurance Law Cases of the Year 2021 and their Analysis." Korean Insurance Law Association 16, no. 2 (June 30, 2022): 109–40. http://dx.doi.org/10.36248/kdps.2022.16.2.109.
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Significant judgments were also made in relation to insurance in 2021. The Supreme Court suggested that if a medical opinion is submitted as evidence, it cannot be denied arbitrarily, and if the court wants to infer a causal relationship differently from such a medical opinion, it should make a careful judgment based on other medical and professional data. However, this position is difficult to accept. This is mainly because the attending physician makes the decision, because it is difficult to guarantee the objectivity of the attending physician’s opinion. Another thing that draws attention is whether the civil prescription of 10 years is applied as the prescription for the right to claim the refund of unfair profits when the insurance contract is invalid or whether the prescription of 5 years is applied by analogy with Article 64 of the Commercial Act. Insurance money is paid by the insurer through commercial activities. Therefore, it is correct to think that the five-year prescription applies to expeditious processing of commercial transactions to claim the return of the insurance contract because it is invalid. Claiming the refund of the insurance money paid when the insurance contract is invalid is seeking the return of the benefits themselves made on the basis of the contract, which is a commercial activity. This is because it should be regarded as a case in which there is a need to solve the problem as quickly as possible. The Supreme Court ruled that a 10-year civil prescription applies to the right to claim the return of unfair profits due to illegal dividends. It is difficult to see that there is a great need to quickly confirm the exercise of the right to request the return of unreasonable profits for the purpose of recovering the amount paid due to illegal dividends. Accordingly, it is reasonable as the attitude of the Supreme Court to consider that the right to claim the return of unfair profits due to illegal dividends is subject to Article 162 (1) of the Civil Act and is subject to the civil statute of limitations of 10 years. Another important issue is whether the insurer is allowed to preemptively file a non-obligation lawsuit in the event of a dispute with the insurer as to whether the policyholder has violated the obligation to notify. It can be affirmed that if the strong insurer indiscriminately files a debt non-existence suit, the weak consumer is inferior in intellectual or economic ability, so there is a problem. However, the people’s right to a trial is recognized as a basic right under the Constitution (Article 27 Paragraph 1 of the Korean Constitution). Therefore, it is not permissible to fundamentally prevent the insurer from taking a preemptive action for non-obligation. However, it should be considered permissible to stipulate that financial business operators, such as insurers, are not permitted to file lawsuits again by limiting certain amounts in the relevant special laws, such as the Financial Consumer Protection Act, by recognizing one-sided binding force on the results of dispute mediation. I think it is reasonable to set the standard of 10 million won as the standard. The role of precedents in the field of insurance law is very large. It is necessary to continuously monitor Supreme Court precedents in the future.
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Vasilevskaya, L. Yu. "A Digital Ruble: A Civilist’s View of the Problem." Lex Russica 76, no. 1 (January 20, 2023): 9–19. http://dx.doi.org/10.17803/1729-5920.2023.194.1.009-019.
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Testing of a digital ruble platform conducted by the Bank of Russia actualizes the problem of determining the legal nature of a digital ruble and features of its civil law regime. Based on fundamental provisions of the civil law doctrine, the author explores an economic concept of the digital ruble presented by the Central Bank of the Russian Federation; from a civilistic standpoint, the author examines the relationship between the concepts of «digital ruble», «digital money», «currency», «cryptocurrency», «digital financial asset». The paper justifies the fallacy of legal judgments in the interpretation of the digital ruble as a new form of money — as a form of the ruble and as a form of the Russian national currency. Comparing provisions of the Concept with the prescriptions concerning digital currency under Federal Law No. 259-FZ dated 31 July 2020, the author substantiates a number of conclusions: the digital ruble exists in a special material form as digits and other signs on a special material carrier — special computer systems controlled by special programs in the form of a digital platform; in the legal sense, digital rubles mean digital non-cash funds — rights of claim arising on the basis of an agreement for opening and maintaining a digital wallet and acting as an element of the content of the legal relationship between the bank and the customer — a holder of a digital wallet for cashless settlements. The approach proposed by the Bank of Russia to introduce the digital ruble into property circulation has much in common with the model of settlements implemented in practice using electronic wallets and prepaid smart cards. The digital ruble as a non-cash monetary means (in digital form) acts as a property (obligation) right and falls under the civil law qualification of a digital right and its varieties.
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Chanika, Emmie, John L. Lwanda, and Adamson S. Muula. "Gender, Gays and Gain: The Sexualised Politics of Donor Aid in Malawi." Africa Spectrum 48, no. 1 (April 2013): 89–105. http://dx.doi.org/10.1177/000203971304800105.
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Many Malawian politicians have exploited religious and cultural discourses, encouraging the discourse of the “God-fearing Malawi nation” while also acknowledging the country as a secular state. This discourse -which most recently underwent further development in the early 1980s when Christians and Muslims, funded by donor money, accelerated their evangelical drives in the context of a one-party Malawi – resonates with a patriarchal, conservative political dispensation. This paper traces the evolution of the “God-fearing nation” discourse in Malawian politics. It posits that the government used the “gay rights issue” as a strategy to disorient human rights activists and donors. Gay rights were de-linked from other civil rights, forcing a binary approach toward gay rights, which were seen by government supporters as “anti-Christian”, “anti-Malawian” concepts. The debate with donors enabled the government to claim “sovereign autonomy” and galvanise the population into an anti-aid mentality (better no aid than aid that supports homosexuality).
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Kholmogorova, L. "Opening of legal proceedings in civil proceedings on Ukrainian lands as part of Poland and Lithuania (middle of the 14th – middle of the 17th centuries)." Uzhhorod National University Herald. Series: Law 1, no. 73 (December 9, 2022): 123–28. http://dx.doi.org/10.24144/2307-3322.2022.73.60.
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The article examines the peculiarities of opening proceedings in a lawsuit based on the analysis of medieval Polish-Lithuanian legislation, which maintained its influence in Ukraine for almost half a millennium. The author conducts an analysis of the system of courts that operated at that time, as their status had a significant impact on the particularity of the exercise of the right to sue. It is noted that the feudal legislation was very careful to ensure that the claim was not filed in the wrong court contrary to the established rules of judicial jurisdiction. To a certain extent, this was connected with the presence in some states of the privilege to try in a court where representatives of their state tried (state courts).
Attention is drawn to preserving the heredity of opening proceedings in the case from the «princely era» at the initial stages of the occupation of the territory of Ukraine by Poland and Lithuania. But in the future, such a procedure for opening proceedings on the basis of a claim is formed, which in some ways resembles a modern civil process.
The author examines the written form of the claim and analyzes its details, indicating their significance. A comparison of Polish and Lithuanian legislation on this issue is carried out. In particular, the Complete Code of Laws of Casimir the Great of 1347 and the Formula processus of 1523 and the three Statutes of the Grand Duchy of Lithuania of 1529, 1566 and 1588 are compared on the other, respectively. It is noted that at the first stages, the Lithuanian legislation more succinctly defined the details of the claim, but later they were almost the same, which is explained by the rapprochement of Poland and Lithuania and the formation of the single state of the Polish-Lithuanian Commonwealth in 1569. However, both states did not compactly contain thesedetails of the claim in one article , and were scattered not only on different articles, but sometimes also on different chapters of feudal codes.
The existence of strict rules for preserving the authenticity of the text of the lawsuit is noted, which should guarantee not only the interests of the parties to fair justice, but also the authority of the judiciary, since the lawsuit was issued on behalf of the sovereign, that is, it was a judicial procedural document. It indicates various types of payments and property penalties that could take place at the initial stage of proceedings in a civil case. First of all, they were directed to official earning of money by court employees and prevention of abuse of procedural rights by the parties.
Compared to the previous period, the role of the state in opening legal proceedings is growing significantly. She, with the help of various officials, helps the plaintiff bring his dispute to an official hearing before the court, so that he can claim what is rightfully his. The stage of opening proceedings in a civil case ends with the registration of a lawsuit in government books (for example, Zemstvo books).
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Jardine, Eric. "Tor, what is it good for? Political repression and the use of online anonymity-granting technologies." New Media & Society 20, no. 2 (March 31, 2016): 435–52. http://dx.doi.org/10.1177/1461444816639976.
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Why do people use anonymity-granting technologies when surfing the Internet? Anecdotal evidence suggests that people often resort to using online anonymity services, like the Tor network, because they are concerned about the possibility of their government infringing their civil and political rights, especially in highly repressive regimes. This claim has yet to be subject to rigorous cross-national, over time testing. In this article, econometric analysis of newly compiled data on Tor network usage from 2011 to 2013 shows that the relationship between political repression and the use of the Tor network is U-shaped. Political repression drives usage of Tor the most in both highly repressive and highly liberal contexts. The shape of this relationship plausibly emerges as a function of people’s opportunity to use Tor and their need to use anonymity-granting technologies to express their basic political rights in highly repressive regimes.
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Arpangi, Arpangi. "The Legal Politics of the Government to Provide Legal Certainty Related to the Practice of Pawning on A Paid Rent Based on Justice Value." Jurnal Akta 9, no. 1 (April 21, 2022): 93. http://dx.doi.org/10.30659/akta.v9i1.21161.
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Pawning has become a trend in society because the procedures and requirements are easy, simple, and uncomplicated so that people immediately get money. So it is not uncommon for people to guarantee their goods in pawning activities. Based on the formulation of Article 1150 of the Civil Code, it can be seen that pawning is a material security right on certain movable objects belonging to the debtor or another person on behalf of the debtor to serve as collateral for the settlement of certain debts, which gives priority rights (preference) to the holder of the lien over other creditors. , after prioritizing the costs for the auction and the cost of rescuing the pawned goods taken from the sale proceeds through a public auction of the pawned goods. As material rights, liens continue to follow the object or goods pledged in the hands of whoever holds it (droit de suite). Likewise, it contains a right to sue because the recipient of the pledge has the right to claim the lost goods back. This provision is as contained in Article 1152 Paragraph (3) of the Civil Code. Article 1152 paragraph (4) of the Civil Code stipulates that if later it turns out that the pawnbroker does not actually have the right to alienate the goods, for example, he is only the tenant or the borrower of the goods, then the lien rights of the pledge holder cannot be cancelled.
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Bidabad, Bijan, and Mahmoud Allahyarifard. "Interbank Withdrawal Protocol (IWP): A Complementary System of Rastin Banking." International Journal of Islamic Business & Management 3, no. 1 (May 22, 2019): 30–34. http://dx.doi.org/10.46281/ijibm.v3i1.259.
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Purpose: This paper aims to define a new protocol, whereby brings the required preparations for the bank to collect its claim or its customer’s claim through withdrawal from the debtor’s account in other banks and financial institutions that have signed the protocol.
Design: According to this protocol and under central bank supervision, the bank (as owner or attorney of the third party) as claimer of check, promissory note, bill, or a debt initiated by customer's commitment based on collaterals or guarantees, withdraws the claim from the debtor’s accounts in other banks and financial institutions that are members of the protocol through Automatic Clearing House (ACH).
Findings: Despite taking collaterals, guarantees, and binding of contracts, executive debt collection process through the legal proceedings is a major challenge that banks, financial institutions, and persons are facing. The legal and execution process of debt collection through collaterals and guarantees are complicated, lengthy, and costly. Interbank Withdrawal Protocol (IWP) solves the problem by proposing a protocol to be accepted by banks to permit withdrawal of the account of the debtor in other banks.
Practical implications: It is seen much that a person owes a lot to a person or bank, but s/he deposits her/his money at her/his accounts in other banks. The Interbank Withdrawal Protocol (IWP) is an agreement between banks which permits the bank to collect the debt through online-withdraw from the accounts of the debtor at other banks after depleting the account of the debtor at the agent bank.
Social implications: This protocol increases reliance and security upon commitments and provides fast settlement and debt collection without time-consuming judicial process. It also reduces judicial proceedings and execution of active files in courts and consequently related costs.
Originality/value: Complementary systems in Rastin Banking have been designed to solve the prevailing problems of banking and financial activities. IWP was designed to provide necessary arrangements for fast, clean debt collection and encashing check and collecting the bill.
JEL: L86, L87, G21, G24
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Pešudovs, Andris. "SIGNIFICANCE OF THE DECISION THE UNDISPUTED COMPULSORY ENFORCEMENT OF OBLIGA TIONS AND THE LEGAL CONSEQUENCES THEREOF." Administrative and Criminal Justice 4, no. 77 (December 31, 2016): 59. http://dx.doi.org/10.17770/acj.v4i77.2874.
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UCEO decision procedural economy value expresses in possibility to enforce it as regular judgment. It is a dispositive principle given effect to use UCEO as an alternative to claim litigation in non-contentious debt recovery cases. For finding procedural simplification tools and judgment acceleration possibilities, it is necessary to value “litigation formalities” given advantages. The potential for procedural economy possibilities mainly gives the necessity only for optimal content of legal facts to ensure administration of justice. One of those optimal legal fact constructions, which give high dynamics of litigation, is court order. In this way V.V. Jarkovs has described UCEO similar proceeding in Russia procedural law. UCEO constricts necessary fact content and creates that minimum of precondition for judgment within simplifying procedural order. Preconditions for reaching UCEO procedural economy aim requires accelerated judgment (S.400 p.1, c.1, 405 p.1, c.3 of the CPL) and judgment on enforcing set amount of money (S. 195 of the CPL) equal legal consequences in law application process. The comprehensive UCEO judgment without enforcing limitations gives base for creditor neutral dispositive choice to select claim litigation or its simplified alternative. Such choice and debtor’s rights’ defence possibility (S. 406 of CPL) brings equal dispositive principle realization values. If the UCEO decision enforcement is limited to choose CPL provided enforcement modes, the mentioned principle balance will be lost and deficient procedural economy as its result will acquire. Concept of claim permanently is related to right protection in fair trial. Rights to bring a claim together realize a person’s constitutional rights for court protection. Litigation initiate rights are not identified as person’s broken subjective rights, but a possibility to get a right to protection in procedural law determined order. This legal science conclusion is consistently valid and reflects claim meaning provided by Section 1 of the CPL. Though in legal relations when a person’s rights have been broken, there exists a possibility for a situation without dispute. A debtor does not perform obligation and does not deny it. Debt acknowledgement itself does not guaranty enforcement, and executive document is required. If contract form is appropriate, these are the cases for UCEO to realize its procedural economy capability. The development of “alternative dispute resolution” demonstrates an official view that civil litigation may actually be unnecessary where nothing but the settlement of the parties’ dispute is in question. Section 400 Paragraph One Clause 1 limitation fully intercepts UCEO aim realization and the functioning of procedural economy mechanism. Judicial practice determines necessity for the additional claim litigation to collect pledge not covered debt, do not relieve but gives extra load to court system. Each UCEO application contains possibility for additional claim litigation. Situation shows courts dictated investigation and distrust to debtor’s dispositive choice not to appeal accelerated judgment. This demonstrates dispositive principle prohibition to arise civil case based on court’s initiative negligence. Dispositive principle disturbance has made a negative influence. Additional process takes place between the same parties, on the same legal facts. This litigation that way does not follow appropriate CPL prohibitions. Moreover, additional proceeding does not help clarify the truth because this process deals with facts already clarified in UCEO judgment and in auction verify decision. Therefore, such litigation is useless. Only civil procedural possibility for fact examination within adversary principle is Section 406 of the CPL provided appeal rights’ realization. Negative consequences are caused by derogation from the principle of disposition when the debtor’s choice to waive the rights to contest the UCEO judgment is not respected as the result of legitimate restricting the adversary principle. The result of the ‘pledge obligation’ is required by the applier of the law recurrent debt recovery between the same parties, the same object and on the same grounds, which constitutes opposite to the procedural economy effect.
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Christakakou-Fotiadi, Kalliopi, and José M. Miguel González. "BGH, Urteil vom 12.12.1997, BGH JZ 1998, 685 m. Anm. Gursky - Zur Berücksichtigung von Aufwendungen des unrechtmäßigen Besitzers beim Nutzungsherausgabeanspruch nach §§ 988, 8." European Review of Private Law 7, Issue 4 (December 1, 1999): 505–13. http://dx.doi.org/10.54648/256447.
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The decision of the German Federal Supreme Court was based on the following set of facts: The defendant, inter alia in 1991, made use of the plaintiff's land, without having any rights of occupation. A villa and stables had been built on the land. During the time of use, the defendant expended various sums of money on the property, of which no further details are given. In her claim, the plaintiff sought payment for the benefits the defendant had obtained from the use of the villa and stables in 1991. In his defence, the defendant claimed a set off, supplemented by a counterclaim, based on the expenditures he had made. The Landgericht dismissed the claim, but the Oberlandesgericht allowed an appeal. The further appeal in cassation led to the case being referred back to the appeal court. In giving its reasons, the Supreme Court stated that the defendant had no rights of occupation and therefore owed the plaintiff for the benefits of use asserted, in accordance with §§ 988, 818 of the German Civil Code. The duty to compensate was, however, limited in principle under § 818(3) of the Code to the benefits that overall still remained within his patrimony. In contrast to an opinion commonly expressed in academic writings - to the effect that the expenditure made by an occupier can only be be used as a defence to a claim based on § 988 of the Code if it concerns harvesting costs or expenditures within the meaning of §§ 994 ff of the Code - the Supreme Court took the view that expenditures made by the occupier in relation to the property in question could be taken into account to reduce the claim to compensation for use based on §988 of the Code independently of the question whether they were expenditures within the meaning of § 994 ff of the Code. If the occupier asserted that his enrichment had been cancelled out by expenditures, the decisive issue was whether those expenditures had a close connection with the benefits obtained from use of the property. This was in principle the case when the occupier had made expenditures on the property. In the following comments, the authors examine the problem from the point of view of Greek and Spanish law.
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Gupta, Kanika, and Vaishnavi Mall. "COMPARATIVE ANALYSIS OF CLASSIFICATION TECHNIQUES FOR CREDIT CARD FRAUD DETECTION." International Research Journal of Computer Science 9, no. 2 (March 4, 2022): 9–15. http://dx.doi.org/10.26562/irjcs.2022.v0902.003.
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Nowadays, in the global computing environment, online payments are a necessary evil as it makes payment conveniently easier and can be done via an ample of available options like a Credit card, Debit Card, Net Banking, PayPal, Paytm available to make payments easier. The most common mode of payment used in online shopping is Credit Card as it is easier for the customers to directly transfer money from one account to another; without the withdrawal of cash at any point. However, this easy payment mode has opened up paths for multiple frauds which involve theft or illegal tampering of data of the credit card owner. Thus, with the increasing number of fraud cases and losses, it is important to find the best solution to detect credit card fraud as well as minimize the number of frauds in online systems. With the analysis of different sets of research performed on the given problem statement, we have concluded that the issue requires a substantial amount of predictions and application of machine learning to find the accuracy score of those commonly used algorithms to predict which of these three state-of-art-algorithms - Naive Bayes, Logistic Regression and K Neighbours, is best suitable to carry out the research in this area. In order to support our findings, we apply two different approaches i.e. with sampling and without sampling on these algorithms against the same dataset. We claim on the basis of our results that K Neighbours outperformed all in both the approaches and is more suitable to carry forward the fraud detection research using machine learning. The analysis will be useful for those working to derive anti-fraud strategies to predict the fraud patterns and reduce the risk during hefty transactions.
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Bandem, I. Wayan, Wayan Wisadnya, and Timoteus Mordan. "Akibat Hukum Perbuatan Wanprestasi Dalam Perjanjian Hutang-Piutang." Jurnal Ilmiah Raad Kertha 3, no. 1 (July 9, 2020): 48–68. http://dx.doi.org/10.47532/jirk.v3i1.168.
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Accounts payable is a practice of lending and borrowing generally in the formof money as the object of the loan that is done by someone with another person made inan agreement. The agreement itself has been regulated in the provisions of the Civil Code(Civil Code). In civil law the agreement has been regulated regarding the rights andobligations of the parties making the agreement. The party that gives the loan is calledthe creditor while the party that receives the loan is called the debtor. Creditors areentitled to fulfillment of achievements while debtors must carry out their achievements.However, in reality the legal relationship between creditors and debtors, especiallyregarding agreements, is often problematic so that defaults arise. Default is a negligentevent where a person does not carry out his performance or does not fulfill his obligationsaccordingly, thus causing harm to one party. This research is entitled "Legal Effects ofDefaults in the Debt Agreement (Civil Case Study Case No.638 / Pdt.G / 2017 / PN Dps).This study aims to find out how the legal consequences if defaulting and how judgesconsider in deciding default cases (Civil Case Study Case No.638 / Pdt.G / 2017 / PNDps). This research method uses a normative juridical method that is descriptive innature. Data sources consist of primary data, namely interviews and secondary data,namely primary, secondary and tertiary legal data. Methods of collecting data throughliterature studies and field studies (interviews), then the data is analyzed qualitatively.The results of the study concluded that the legal terms of the agreement were inaccordance with article 1320 of the Civil Code (KUHPerdata), namely the existence ofagreements, skills, objects or certain things, legal causes or causes as well as the article1338 Civil Code (KUHPerdata). Judges 'consideration in terminating the disputesbetween the creditors' debt agreement with the debtor in accordance with case No.638 /Pdt.G / 2017 / PN Dps is correct, namely by looking at the evidence both written evidenceand evidence from the parties. Based on the evidence attached to the trial the judgedecided to grant the plaintiff's claim and stated that the defendant was found guilty or indefault.
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Jyothi, G., and S. Harish Babu. "Emerging Trends in the Indian Life Insurance Industry." Asian Journal of Managerial Science 11, no. 2 (October 28, 2022): 57–59. http://dx.doi.org/10.51983/ajms-2022.11.2.3353.
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India’s life insurance industry is rapidly expanding. This Sunrise sector has provided a solid foundation for economic growth and job creation. Because the insurance industry has become more competitive since liberalisation, the insurance regulation and development authority has developed new and formative rules for both products and services. It’s a time when firms’ flagship Unit related plans are bringing in a lot of money. Both technology and investment knowledge are critical during this period. It has been difficult not just to change traditional items to Unit connected products, but also to maintain profitable margins. Customer preferences, fierce competition, and governmental oversight are all driving the development of new products and services. The policy is based on advisers’ recommendations, and internal marketing and motivation are essential. A sustainable and robust system is also required for claim handling and the procurement of new policies. The internet and online policy purchases are a new trend that has motivated businesses to become more significant. The paths to policy sourcing will be high in volume and poor in profit. Rural, social, and micro insurance are new options to consider. The emerging trends and problems that the current industry is facing are discussed in this study. Our research is limited to the life insurance industry.
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Jonas, Anne, and Jenna Burrell. "Friction, snake oil, and weird countries: Cybersecurity systems could deepen global inequality through regional blocking." Big Data & Society 6, no. 1 (January 2019): 205395171983523. http://dx.doi.org/10.1177/2053951719835238.
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In this moment of rising nationalism worldwide, governments, civil society groups, transnational companies, and web users all complain of increasing regional fragmentation online. While prior work in this area has primarily focused on issues of government censorship and regulatory compliance, we use an inductive and qualitative approach to examine targeted blocking by corporate entities of entire regions motivated by concerns about fraud, abuse, and theft. Through participant-observation at relevant events and intensive interviews with experts, we document the quest by professionals tasked with preserving online security to use new machine-learning based techniques to develop a “fairer” system to determine patterns of “good” and “bad” usage. However, we argue that without understanding the systematic social and political conditions that produce differential behaviors online, these systems may continue to embed unequal treatments, and troublingly may further disguise such discrimination behind more complex and less transparent automated assessment. In order to support this claim, we analyze how current forms of regional blocking incentivize users in blocked regions to behave in ways that are commonly flagged as problematic by dominant security and identification systems. To realize truly global, non-Eurocentric cybersecurity techniques would mean incorporating the ecosystems of service utilization developed by marginalized users rather than reasserting norms of an imagined (Western) user that casts aberrations as suspect.
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Andi Muhammad Saidi, Ahmad Yunani, and Andi Tenri Sompa. "Strategy For Participatory Supervision of The Election Supervisory Agency In The Election of Regional Head of Kotabaru Regency In 2020." International Journal of Politic, Public Policy and Environmental Issues 2, no. 01 (April 30, 2022): 42–48. http://dx.doi.org/10.53622/ij3pei.v2i01.90.
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The purpose of this study was to analyze the participatory supervision strategy of the Kotabaru Regency Bawaslu together with the community in supervising the stages of the 2020 Direct Regional Head Election Campaign in the Kotabaru Regency. In addition, this study also analyzes the obstacles faced by the Kotabaru Regency Bawaslu and the community in the 2020 simultaneous direct regional head elections in Kotabaru Regency. The approach in this study is qualitative. This approach is used to obtain clear and factual descriptions and information regarding the participatory supervision of the Kotabaru Regency Bawaslu in the 2020 Kotabaru Regency Head election. In general, the strategy that has been implemented by the Kotabaru Regency Bawaslu is quite effective. It's just that the focus of the strategy and participatory monitoring efforts that were initiated only focused on a handful of issues and the targeted community. Participatory monitoring strategies such as the Online Reporting Strategy (SIWASLU Application), Online Reporting Strategy (Google Form), Citizen Forum Initiation, and Monitoring Corner are still very limited in scope. The use of this method is quite effective during a pandemic like this, to continue to comply with health protocols and maintain distance and crowds. The obstacle in participatory supervision faced by Bawaslu in the 2020 Simultaneous direct regional head elections in Kotabaru Regency is the neutrality of ASN where this problem is very prone to the occurrence of ASN Neutrality, such as in the education sector, around the Civil Servant's office, and District offices, and offices. -District Office. The second obstacle is Money Politics. In terms of legal aspects and law enforcement institutions, there are still many gaps. Regulations concerning the prohibition of money politics are not rigidly regulated in the law because they depend on the interests of the regulators themselves. The next obstacle is the politicization of identity politics issues
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Haran, O. V. "INDIVIDUAL ISSUES OF LEGAL UNDERSTANDING OF FACTORING." Constitutional State, no. 44 (December 23, 2021): 93–100. http://dx.doi.org/10.18524/2411-2054.2021.44.245082.
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The article is devoted to the disclosure of certain issues concerning the understanding of the essence of the category “factoring” as an important component of financial services through the prism of today’s challenges. It is determined that the concept of factoring (financing under the assignment of the right of monetary claim) is not enshrined in civil law. It was stressed that the economic crisis has exacerbated the problem of limiting financial resources and providing quality financial services, which leads to the search and implementation of innovative types of financial services and needs to improve the transmission mechanism of monetary policy, development of credit operations of banks and financial companies standards of the European Union, improving trade conditions in Ukraine. And here, factoring comes in handy, which is an effective tool to accelerate money circulation and increase business efficiency. However, due to the rapid development of factoring in the financial services market – regulations in this area need to be updated and there is a need to introduce new scientific recommendations for its practical application. In the article the essence of factoring is covered in the plane of theory, and also, in the plane of judicial practice. It is noted that among researchers of this issue there is no generalizing concept of this category and understanding the essence of this legal phenomenon through the prism of today’s challenges. Emphasis is placed on the existence of four main concepts of factoring, namely: the assignment of the right of claim; it is a banking operation; this is a type of financial services; this is a separate independent contract type. It is proposed to consider factoring as a complex concept. Particular attention is paid to the indication of the characteristics of financial services, which allows through their prism to highlight factoring transactions.
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Mugarura, Norman. "Uncoupling the relationship between corruption and money laundering crimes." Journal of Financial Regulation and Compliance 24, no. 1 (February 8, 2016): 74–89. http://dx.doi.org/10.1108/jfrc-01-2014-0002.
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Purpose – Money laundering schemes are inextricably linked to corruption whereby the latter is utilised either as “a means to an end or as an end in itself”. The prevalence of one of these offences in a country usually signifies the prevalence of the other. The foregoing connection is supported by studies carried out by the World Bank and Asian Development Bank to correlate the connection between money laundering and corruption. Corruption has been exploited to facilitate commission of other crimes such as drug trafficking, prostitution, small arms trafficking and illegal currency trafficking. It has destroyed the myth that corruption is a domestic political issue amenable within individual states borders. Therefore, the design of anti-corruption policy measures should incorporate effective implementation anti-money laundering (AML) strategy and their enforcement on corrupt public officials. It needs to be noted that money accrued from corruption constitutes criminal property under the majority of global AML/CFT frameworks which have been domesticated by individual national governments. Both corruption and money laundering thrive in an environment of bad governance, lack of requisite local oversight institutions, a tenuous legal systems and laws and bad governance. These offences have become so intertwined that it is not easy to tell which is which because they are embedded in each other and in the context of this paper are symbiotic. Design/methodology/approach – The paper articulates that there is a close connection between corruption and money laundering offences. It was undertaken by evaluating primary and secondary data sources to demonstrate the interconnectivity of the foregoing criminal offences in the regulatory realm. The overlapping relationship between corruption and money laundering has been acknowledged by many oversight institutions and national governments. For example, Singapore enacted a legislation: “Corruption, Drug Trafficking and other Serious Crimes (Confiscation of Benefits) Act” in (1999) recognizing the foregoing interconnectivity. The G20 imposed on Financial Action Task Force the requirement to incorporate mechanisms within its framework to combat money laundering and terrorist financing measures to fight corruption. Therefore, this paper has demonstrated a close correlation between corruption and money laundering and what ought to be done at various oversight levels to forestall them. Findings – Corruption and money laundering are inextricably linked such that where one exists, the other one will be also lurking in the background. The paper has articulated the connection between corruption and money laundering and the context they are manifested either together or differently. It has demonstrated that the foregoing offences are literally “Keith and Kin” and should be accorded the same level of attention as serious financial crime, both in theory and practice of states. Research limitations/implications – While there are many papers which have been published on the subject of money laundering and corruption, not many articulate the connection between corruption and money laundering in the context of this paper. The paper was undertaken by evaluating primary and secondary data sources and analysing this data in different contexts of this paper. However, it would have been better to corroborate some of the foregoing sources by working with oversight AML/corruption institutions. Therefore, the author will ensure that future studies carried out on the subject matter of money laundering and corruption are undertaken with a high measure of collaboration with oversight AML/corruption agencies and possibly also civil society organisation which have a mandate on these similar issues. Practical implications – This paper is of practical significance for governments, policy and oversight institutions in dealing with issues relating to corruption and money laundering. The paper provides insights into the dynamics of the foregoing twin offences, the context they are manifested and how the law can be better utilised to forestall them. Corruption and money laundering have eviscerated the individual economies capacity to engage in national development programmes, and they need to be addressed as a matter of seriousness, both nationally and internationally. This paper will provide insights into what states need to do to harness the law relating to corruption and money laundering offences, both at an oversight institution and individual national government’s level. Social/implications – Corruption and money laundering crimes have eroded the fabric of societies, eviscerated individual states capacity to pursue national development goals and not to mention fuelling other crimes such as financing of terrorism, human and small arms trafficking, drugs trafficking, to mention but a few. Therefore, no state can afford to ignore the foregoing transgressions against humanity because no state can claim to be immune from the offshoot effects of corruption and money laundering. Originality/value – There are not many published papers which articulate the connection between money laundering and corruption in the context of this paper. This paper is one of its kind, original and a must read. It is a must read because it has a lot offer literally to every one û academics, researchers, students, policy and regulatory institutions and the list goes on.
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Incardona, Rossella, David Kraft, Caroline Kindler, André Janssen, Katarzyna Michalowska, Annika Schimansky, Horst Zinnen, and Béatrice Jaluzot. "Der Bundesgerichtshof und die Rückforderung von im Rahmen so genannter ‘Schenkkreise’ gezahlter Geldeinlagen." European Review of Private Law 15, Issue 1 (February 1, 2007): 101–56. http://dx.doi.org/10.54648/erpl2007004.
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Abstract: In two identical judgments of the Bundesgerichtshof (German Federal Supreme Court) of 10 November 2005? the claimants were awarded restitution of sums they had paid to the respondents for the purpose of participation in a so-called ‘gift community’. The gift communities were organised like a kind of pyramid. The members at the summit of the ‘receiver community’ received certain sums from the ‘giver community’ below them. Thereupon the ‘receivers’ dropped out of the ‘game’; those previously occupying ‘giver’ positions then took their place. This meant that enough participants then had to be recruited to occupy the ‘giver’ positions below them. Their recruitment was the responsibility of the new members. In knowledge of this system, the claimants joined a ‘giver community’ and paid EUR 1.250 to the defendants, who alongside others constituted the ‘receiver community’. They wanted to remain in the game and later become ‘receivers’ themselves. It was only when this plan backfired that they demanded their money back from the ‘receivers’. The subsequent claims were successful in all three instances. The Bundesgerichtshof allowed a claim of restitution according to § 812, 1st sentence, 1st alternative BGB (Bürgerliches Gesetzbuch ? German Civil Code), as the ‘gift community’ arrangement was void according to § 138 (1) BGB and the EUR 1.250 was thus paid to respondents without legal basis. The central issue in the judgments was the applicability of § 817, 2nd sentence BGB, according to which a claim for restitution is barred where both parties are at fault. The court rejected its applicability and stated that the reason for, and protective purpose of, the sanction of nullity (§ 138 (1) BGB) would in this case exceptionally preclude application of the bar on restitution of § 817, 2nd sentence BGB, as the vast majority of participants – in contrast to the initiating ‘members’, who would (for the most part) realise a guaranteed profit – would not make a profit; rather, they would necessarily lose their ‘contribution’. It is precisely such immoral conduct that § 138 seeks to discourage by the sanction of nullity. This would however be subverted if – irrespective of the nullity of the game – the respondents were allowed to keep the money they had acquired by immoral means. Neither does this restrictive interpretation of § 817, 2nd sentence BGB contradict § 762 (1), 2nd sentence BGB, which precludes restitution of anything paid in the context of a game, as the provision only applies if the claim to restitution is based on the gaming nature of the arrangement. Résumé: Dans deux décisions rendues par la cour suprême allemande au texte identique du 10 Novembre 2005,? les demandeurs requirent le remboursement d’un montant qu’ils avaient versé aux défendeurs dans le but de participer à une ’vente pyramidale’. Comme leur nom l’indique, les ventes pyramidales étaient organisées selon le principe d’une pyramide. Les membres au sommet, les ‘bénéficiaires’, obtinrent du subordonné réseau des investisseurs entrants des sommes déterminées. Les ‘bénéficiaires’ quittaient ensuite le ‘jeu’; ils furent remplacés par ceux qui jusqu’alors étaient ‘en
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Sirota, Léonid. "“Third Parties” and Democracy 2.0." McGill Law Journal 60, no. 2 (March 23, 2015): 253–93. http://dx.doi.org/10.7202/1029209ar.
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Although the Supreme Court of Canada has described freedom of political, and especially electoral, debate as the most important aspect of the protection of freedom of expression in Canada, no debate in Canadian society is so regulated as that which takes place during an electoral campaign. Parliament has set up—and the Supreme Court has embraced—an “egalitarian model” of elections, under which the amount of money participants in that debate can spend to make their views heard is strictly limited. “Third parties”―those participants in pre-electoral debate who are neither political parties nor candidates for office―are subject to especially strict expense limits. In addition to limiting the role of money in politics, this regulatory approach was intended to put political parties front and centre at election time. This article argues that changes since the development of the “egalitarian model” have undermined the assumptions behind it and necessitate its re-examination. On the one hand, since the 1970s, political parties have been increasingly abandoning their role as essential suppliers in the marketplace of ideas to the actors of civil society, such as NGOs, unions, and social movements. On the other hand, over the last few years, the development of new communication technologies and business models associated with “Web 2.0” has allowed those who wish to take part in pre-electoral debate to do so at minimal or no cost. This separation of spending and speech means that the current framework for regulating the pre-electoral participation of third parties is no longer sufficient to maintain political parties’ privileged position in pre-electoral debate. While the current regulatory framework may still have benefits in limiting (the appearance of) corruption that can result from the excessive influence of money on the political process, any attempts to expand it to limit the online participation of third parties must be resisted.
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Habibie, Dedi Kusuma, Herdin Arie Saputra, Sanny Nofrima, and Dafrin Muksin. "Reexamining the Democratic Party in the Implementation of Indonesia’s General Elections." Journal of Local Government Issues 4, no. 1 (August 23, 2021): 45–59. http://dx.doi.org/10.22219/logos.v4i1.14853.
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Direct elections (Pilkada) are part of democracy; it shows a clear orientation, where the positioning and interests of the people are at the highest level in politics so far. This study aims to analyze some of the main problems in the implementation of regional elections in Indonesia. This type of research used in this research is qualitative research. Analyzes were performed using the Nvivo 12 plus software. In data collection, this research was conducted through literature studies or focused on secondary data in journals and well-known online media news. The result of this research is that the direct regional election cannot be separated from various problems, such as the size of political capital, the weak role of political parties, the existence of interests, oligarchs, political dynasties, money politics, and intimidation of state civil servants (ASN). Pilkada immediately seemed to be dominated by elite groups with established modalities not to provide public space to participate
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Kosmidis, Spyros, and Yannis Theocharis. "Can Social Media Incivility Induce Enthusiasm?" Public Opinion Quarterly 84, S1 (2020): 284–308. http://dx.doi.org/10.1093/poq/nfaa014.
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Abstract Most studies of online incivility report negative effects on attitudes and behaviors of both the victims and the audiences who are exposed to it. But while we have extensive insights about the attitudinal and behavioral consequences of incivility, less emphasis has been paid on its emotional effects. We conduct a series of survey experiments using statements posted on Twitter by elite actors along with the comments they receive and measure the emotional reactions of the public in relation to the content of the original post. We find that when the raw information is accompanied by uncivil commentary (compared to civil or no commentary), respondents express higher levels of positive and lower levels of negative emotions. Further analysis of heterogeneous effects focusing on partisanship shows that the effects are primarily driven by those who are generally expected to agree with the expert’s claim. The broader consequences of incivility as entertainment on social media platforms are discussed.
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Brennan, Niamh. "A political minefield: southern loyalists, the Irish Grants Committee and the British government, 1922–31." Irish Historical Studies 30, no. 119 (May 1997): 406–19. http://dx.doi.org/10.1017/s0021121400013225.
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All classes of the loyalist community ... [are] victims.Irish Grants Committee report, 3 Nov. 1930I‘A considerable number [of refugees] have left on a plea of compulsion without any justification whatever for that plea,’ declared the secretary to the Provisional Government in 1922, referring to the departure from the twenty-six-county area of disbanded members of the R.I.C., British ex-servicemen and civilians believed to have been loyal to the British régime in Ireland. Such a claim was greeted with scant belief in Britain in the spring of 1922 as perhaps as many as 20,000 people, some with their entire families, arrived on British shores and were given refugee status by the British government through its Irish Distress Committee, founded to aid Irish loyalist victims of the Civil War. The committee first sat in May 1922 under the chairmanship of Sir Samuel Hoare, a Conservative, and its function was to give loans of money to refugees from Ireland until they either found work in Britain or decided it was safe to return home. At first it had a budget of £10,000, which was fairly meagre, even by the standards of the early 1920s, considering that it dealt with 3,349 applicants in its first six months. Relief was available to claimants through loans and grants. Even at that early stage when the Civil War was far from over, the Irish Distress Committee realised that its work ‘only touches the fringe of the bigger question of compensation’, though perhaps it did not realise just how big that question was to be in the aftermath of Irish independence.
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Queen Mabeka, Nombulelo. "The Application of Section 8 of Cybercrimes Act 19 of 2020 in Civil Procedure in South Africa is a Hailing Snow: A Comparative Studies between South Africa and United Kingdom." International Journal of Law and Public Administration 5, no. 2 (December 7, 2022): 13. http://dx.doi.org/10.11114/ijlpa.v5i2.5814.
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In South Africa the legislature passed a statute that regulates cyber fraud that is called Cybercrimes Act 19 of 2020 in an attempt to combat cybercrimes, which include cyber fraud. The commission of cyber fraud in Civil Procedure constitutes a cause of action that enables the victim to claim for damages. It is not clear in terms of Cybercrimes Act whether the victim may institute proceedings whilst the matter is pending before the court in criminal proceedings or after the perpetrator is convicted. This raises a question on the application of the two common law principles that the defendant may raise as a special plea. Thus, res judicata and lis pendens may be raised as a special plea to prevent the victim of cyber fraud from receiving compensation for damages suffered. This prejudices the victims because some of the consequences that result from cyber fraud are dire to the victim. For example, the victim may loose money, property and may psychologically be affected as a result of cyber fraud. This article follows a qualitative research methodology that is based on an analysis in jurisprudence. Thus, the article looks at section 8 of the Cybercrimes Act, judicial precedent, as well as scholarly views shared by various authors to determine the gap. The author provides a solution, as well as recommendations that will ensure that the victims have a recourse in Civil Procedure. Moreover, there is evidence that proves that cyber fraud does exist in jurisdictions such as the United Kingdom. The article examines the legal position of cyber fraud in the United Kingdom and does a comparative studies between South Africa and the United Kingdom.
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Fazriani, Lidya, and Jeane Neltje Saly. "TANGGUNG JAWAB PT GOJEK INDONESIA DALAM PENGIRIMAN BARANG KONSUMEN DARI SEGI UNDANG-UNDANG NO. 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI KASUS KURIR GOJEK MEMBAWA LARI SMARTPHONE TAHUN 2017)." Jurnal Hukum Adigama 2, no. 2 (December 14, 2019): 1213. http://dx.doi.org/10.24912/adigama.v2i2.6913.
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Shipping goods using postal expedition services is a conventional thing in the modern era. Short-distance shipping is currently being replaced more by online shipping services, such as Gojek. Gojek Indonesia offers Go-send items for people who want to send. But in line with that, the weakness of law and material in the regulation of Gojek policy resulted in the lack of implementation of legal certainty. This paper was prepared to be able to answer how accountability is given to users of Gojek Services in Indonesia and what forms of compensation provided by Gojek for claim of loss of goods that occur in Go-send services fered. This paper aims to provide a description of the right of users and the obligation that must be fulfilled by Gojek itself and explain the forms of compensation made by the gojek as a form of accountability for complaints of the use of Go-Send services. The method used is a normative legal research method that is supported by a legal approach, an analytical and conceptual approach, and a case approach. The final result of the preparation of this jurnal is the responsibility given to consumers for the loss of goods in the services offered by providing compensation and forms of compensation that are judicially determined as competation in the form of money as a form of nominal liability and compensation through shares or similar items.
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Zhao, Jie, Khee Poh Lam, Tajin Biswas, and Haopeng Wang. "An online platform to automate LEED energy performance evaluation and submission process." Construction Innovation 15, no. 3 (July 13, 2015): 313–32. http://dx.doi.org/10.1108/ci-04-2014-0020.
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Purpose – This study aims to develop a web-based tool – LEED Energy Performance Online Submission Tool (LEPOST) to reduce the submission cost of the leadership in energy and environmental design (LEED) application process and facilitate green building design. Lifecycle cost reduction is a major driver for designing green buildings. LEED rating system has been well recognised and widely used in the green building industry. However, certification cost incurred in time and money is often a deterrent for some projects. Design/methodology/approach – LEPOST automatically maps EnergyPlus and eQUEST energy simulation results to the LEED energy performance requirement submission templates using an extensible markup language (XML) data structure. It incorporates the Energy Star Target Finder online engine and current utility data to calculate points required to assess LEED Energy and Atmosphere Prerequisite 2 and Credit 1 automatically. Findings – A comparative case study is conducted using an office building project. The study results show that the tool can reduce the amount of time for the LEED energy performance evaluation and submission process from more than 6 hours to 2 minutes. The total number of manual data entries is reduced from 442 to 20. Research limitations/implications – Future work includes the update to support LEED V4, the development of a parametric design function that can help design teams perform design alternatives to evaluate energy performance with minimum effort, and the integration with the LEED Online system. Practical implications – The use of the tool by the building industry may decrease the cost of LEED certification for building owners, developers and design teams by simplifying the submission process. Originality/value – The overall development framework of LEPOST contributes to the knowledge of the data interoperability in the building sector by demonstrating a viable solution to extract and map digital model information for achieving code and standard compliance purposes.
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ROBERTS, RICHARD. "REPRESENTATION, STRUCTURE AND AGENCY: DIVORCE IN THE FRENCH SOUDAN DURING THE EARLY TWENTIETH CENTURY." Journal of African History 40, no. 3 (November 1999): 389–410. http://dx.doi.org/10.1017/s0021853799007501.
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On 5 October 1905, Baia Bari of Gassin village went before the tribunal de province of Segu seeking a divorce from her husband, Tiemoko Boaré of Koila. Both Baia Bari and Tiemoko Boaré were Muslims. Baia Bari claimed that Tiemoko Boaré had mistreated her and that she was prepared to return the bridewealth. In addition, Baia Bari sought the return of 27,000 cowries she claimed Tiemoko Boaré had taken from her, although she did not present any ‘proof’. Tiemoko Boaré agreed to the divorce but denied having taken the money. The court pronounced the divorce and called for Tiemoko Boaré to recover the bridewealth he and his kin had provided to Baia Bari's kin. The court dismissed Baia Bari's claim for the return of 27,000 cowries, because she had failed to produce evidence of the alleged ‘loan’. Neither Baia Bari nor Tiemoko Boaré appealed the court's verdict.How Baia Bari came to bring suit for divorce against her husband for mistreatment and how the provincial court, presided over by the leading African notables of Segu, saw fit to intervene in the domestic affairs of the Boaré household is the subject of this article. The data provided in the ‘Register of Civil and Commercial Judgements Rendered by the Provincial Court of Segu during the Third Quarter of 1905’ are not detailed enough for us to ‘hear’ Baia Bari's complaints about marital mistreatment. Nor does the register tell us anything about how the members of the court understood the evidence of mistreatment, which they accepted, and Baia Bari's claim for the return of 27,000 cowries, which they rejected. Despite the sparse annotation of this case, Baia Bari's legal action raises at least two questions. First, from where did the provincial court ‘receive’ the authority to intervene in the domestic affairs of the Boaré household? Second, why did Baia Bari turn to the provincial court to seek the dissolution of her marriage?
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Dwi Atmoko. "ENDORSEMENT AGREEMENTS ON INSTAGRAM SOCIAL MEDIA RELATED TO ARTICLE 7 OF LAW NUMBER 8 OF 1999 CONCERNING CONSUMER PROTECTION." JILPR Journal Indonesia Law and Policy Review 3, no. 3 (June 30, 2022): 116–22. http://dx.doi.org/10.56371/jirpl.v3i3.90.
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The development of this technology is increasingly making people think more and more change, especially in economic activity. The form of economic activity that is affected is buying and selling activities in obtaining income or income or profits. In this day and age, after the presence of social media, there are many marketing techniques that can be used. One of the new marketing techniques is endorsements. This endorsement agreement is made in written form on direct massage Instagram, and it is legal according to Article 1320 of the Civil Code. The research method is carried out by descriptive analysis, with the approach used is a normative juridical approach. The results show that the form of legal protection in the endorsement agreement is that if there is a default or the implementation is not in accordance with the agreement, the celebgram as a business actor must replace the goods that have been sent and replace the money that has been sent, but in practice it is the online shop that is harmed.
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Hannum, Roger, Matthew Rutherford, and Teresa Dalton. "ECONOMICS OF POKER: THE EFFECT OF SYSTEMIC CHANCE." Journal of Gambling Business and Economics 6, no. 1 (January 2, 2013): 25–48. http://dx.doi.org/10.5750/jgbe.v6i1.575.
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For more than a millennium, people have been drawn to card games because they provide an interesting and entertaining forum for the elements of chance and skill to play out. Current players risk running afoul of the law when, in the course of play in a game of chance, money is wagered and won or lost. Several recent criminal and civil court actions in the U.S. have focused on the extent to which skill is a factor in the game of poker and this question is the subject of much debate in legal and political arenas. If chance is the driving force underlying the economics of poker, some states are considering the possibility of regulating―and thus legalizing―poker for the potential revenues it may generate. If poker is a game in which outcomes are dominated by skill, most states would lack the regulatory power over this multibillion dollar industry. This paper examines the factors affecting players’ returns on investments in poker and presents the results of an analysis of one billion hands of real online poker games.
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Pałdyna, Tomasz. "RATIO LEGIS PRZEDAWNIENIA." Zeszyty Prawnicze 6, no. 2 (June 22, 2017): 137. http://dx.doi.org/10.21697/zp.2006.6.2.09.
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Ratio legis of Limitation of ClaimsSummaryA common element of the works on limitation of material claims is the analysis of its justification. This has its reasons: limitation of claims evokes serious doubts of ethical nature. It often happens that the protection is rejected to an entitled person, even in a situation when the debtor confirms his obligation, claiming at the same time the lapse of the period of prescription. Due to this, objections are formulated that limitation of claims authorises immoral behaviours, undermines the validity of law, weakens the role of law in a society, infringes the rule of law as well that it collides with a common sense of justness and the logic of the protection of exclusive rights. Notwithstanding the above limitation of claims exists in almost all civil law systems, therefore, it seems to be justifiable. The reasons for introducing this legal means into the system of civil law are discussed in this paper.The aim of limitation of claims is the protection of the defendant in the proceedings because of the difficulties with presenting evidence for a claim which came into being many years before. Retaining such claims is contrary to the interests of the court system because the proceedings initiated after many years could lead to accidental verdicts. Moreover maintaining a certain status may create its legality due to the principle of security of law. Furthermore, delayed persuing claims may be a form of earning money out of the statute interest with high interest rates, which is not desirable.The analysis presented in this paper allows a conclusion that limitation of claims has mammy functions: protective, cleansing, stabilising and animating. The proposed division is of an arranging nature as it stresses the main functions of limitation of claims and its role in trade.
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Bazhanov, V. A. "Kantian motives in modern neuroscience." Philosophy of Science and Technology 25, no. 2 (2020): 63–74. http://dx.doi.org/10.21146/2413-9084-2021-25-2-63-74.
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The article considers the reasons according to which the development of cognitive research and, first of all, neuroscience is taking place in the context of reinterpreted from the standpoint of modern science I. Kant’s ideas on apriorism. We claim that significant sums of money are being spent to provide these studies in both civil and military areas, for their results directly affect the prospects for creating artificial intelligence, the analysis of big data, and important progress in the treatment of various mental and psychological pathologies. It is emphasized that nowadays special attention is paid to I. Kant’s heuristically rich idea related to the activity of consciousness and the subject of cognition, which is contained in his teaching on apriorism. This idea has ontogenetic foundation. Attention is drawn to the fact that when modeling the neural processes that are involved in the mechanisms of predicting the behavior of a subject, concepts formalized in T. Bayes’ theorem are used, which allows the neuroscience to expand the “Kantian” brain model with a Bayesian one. We assume that the concept of biocultural constructivism, which connects the processes of mutual influence of brain activity, culture and society, suggests that representatives of different civilizations have different cognitive strategies (analytical and holistic thinking systems) that correlate with the density of certain genes within their limits and thus, gene-cultural interaction systems emerge. It puts forward the question of the boundaries of the de-anthropologization of human knowledge.
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Zheng, Xiaoxiao, Yisheng Liu, Ruijiao Sun, Jinzhao Tian, and Qi Yu. "Understanding the Decisive Causes of PPP Project Disputes in China." Buildings 11, no. 12 (December 13, 2021): 646. http://dx.doi.org/10.3390/buildings11120646.
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Disputes are inevitable in public-private partnership (PPP) projects and generate great losses of time and money in practice. If an in-depth understanding of dispute sources can be obtained beforehand, the process of PPP may become more smooth. This paper aims to identify and assess the causes of PPP disputes between the public and private sectors. First, 15 causes are explored based on the PPP litigation cases from China Judgments Online. Second, the Decision-Making Trial and Evaluation Laboratory (DEMATEL) method is utilized to provide a holistic understanding of the relative importance and define the cause-effect categories among PPP dispute sources. The results demonstrate that the top three decisive causes of PPP disputes are the repudiation of contracts (result category), lack of expertise and experience (reason category), and unreasonable risk allocation (result category). Further, dispute avoiding strategies are proposed to minimize or completely avoid the occurrence of PPP disputes. The outputs are expected to add meaningful insights to potential sources of dispute and dispute prevention mechanisms in PPPs. To some extent, the investors can develop strategic measures through the findings before entering into PPP markets.
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Othman, Siti Norliza, and Noor'ain Aini. "The Globalization of Hallyu Phenomenon: Impact on Malaysian Young Female's Attitude and Behaviour." Trends in Undergraduate Research 4, no. 2 (December 28, 2021): h29–38. http://dx.doi.org/10.33736/tur.4109.2021.
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Hallyu phenomenon is a globalized cultural product from South Korea that has spread uncontrollably into many parts of the world, and Malaysia was no exception. With the aid of media and the internet, the domination of its significant products such as K-drama, K-pop music, K-Food, K-Beauty, and technology brands left an indisputable impact on society. Hallyu's wide acceptance in Malaysia, however, received backlash from the anti-Hallyu group who criticized it for degrading the value of Malaysian culture, specifically targeting young females in Malaysia for their "obsession" with this foreign culture. This paper aimed to study the relationship between the globalization of Hallyu phenomenon and young females in Malaysia. It employed a quantitative method to explore the impact of Hallyu on young females' attitudes and behaviour by distributing online surveys to 300 targeted respondents with prior knowledge regarding the topic. The findings showed that the most popular Hallyu cultural product is K-Pop, which consequently further influenced their attitude and behaviour towards other Hallyu products. The success of Hallyu culture among young females in Malaysia owed a lot to the internet and social media as the tools to disperse information, hence shaping their thoughts, attitudes and behaviour on the issue. The results also noted a few behavioural changes among the respondents in terms of time and money spent on Hallyu products. Overall, this study suggested that most respondents have a positive attitude towards Hallyu and that any behavioural changes were still within their control, hence denying the claim of "obsession" and "degrading one's cultural value" as claimed by the anti-Hallyu group.
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Lakshmi, Magudilu Srishyla Kumar, Ayasakanta Rout, Ariana Morris, and Joseph Smaldino. "Consumer Opinion of Personal Sound Amplification Products: A Preliminary Sentiment Analysis." American Journal of Audiology 28, no. 2S (August 28, 2019): 450–59. http://dx.doi.org/10.1044/2019_aja-ind50-18-0103.
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Purpose The purpose of this study was to preliminarily investigate the sentiments associated with consumer opinions of personal sound amplification products (PSAPs). Method Online reviews of 21 popular PSAPs were collected from the Amazon.com website. The reviews for each product were exported to compile individual product-specific text files. A sentiment mining analysis was completed to aggregate the number of positive and negative comments for each product. In addition, the effect of value for money, available features, perceived benefit, and overall perception of PSAPs was evaluated. A correlational analysis was completed to examine the relationship between different PSAP features and the number of positive and negative comments. Results Mixed-model analysis of variance showed a significantly higher number of positive comments for high- and mid-cost products in terms of overall perception and perceived benefit compared to low-cost products. For feature attribute, high-cost products had significantly higher positive comments compared to mid- and low-cost products. There was a strong correlation between price and positive comments and a moderate correlation between price and negative comments. Also, there was a significant moderate correlation between presence of compression and feedback suppression PSAP features and positive comments. Conclusions Positive sentiments expressed toward PSAPs were found to favor high- and mid-level products. However, there was a considerably high number of negative sentiments reported across all the PSAPs investigated. The noticeable thing is that the negative comments do not change significantly across price ranges. However, the positive comments significantly increase with an increase in product price range. This indicates a possible increase in benefit with high-cost products. However, this claim requires further empirical evidence through controlled studies.