Journal articles on the topic 'Protective nullity'
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Mancaleoni, Anna Maria. "The Obligation on Dutch and Italian Courts to Apply EU Law of Their Own Motion." European Review of Private Law 24, Issue 3/4 (June 1, 2016): 553–78. http://dx.doi.org/10.54648/erpl2016035.
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Abstract: The European Court of Justice (ECJ) case law relating to the power of and the obligation on national courts to assess, of their own motion, the unfairness of contractual terms in consumer contracts under Directive 93/13/EEC has had a remarkable impact on national legal systems by introducing rules which often derogate from ordinary procedural rules and from the principles of judicial restraint and party autonomy. They also derogate from the traditional rules on contractual invalidity. This article, drawing extensively on the work of Arthur Hartkamp, summarizes the relevant legal framework on the EU level and in the Dutch and Italian legal systems and then focuses on two recent and groundbreaking judgments of the Supreme Courts of the Netherlands and Italy in order to assess the impact of the relevant EU law and to compare these judgments. With regard to the ex officio assessment of the unfairness of terms in consumer contracts, the comparison shows that the impact of EU case law has been greater in the Netherlands than in Italy, as the Italian regulation implementing Directive 93/13/EEC, unlike its Dutch counterpart, already provided explicit rules on the ex officio assessment of unfair terms by courts, similar to the rules subsequently established by the ECJ. Furthermore it emerges that the approach adopted in the Netherlands is restrictive with regard to the power of the court to raise ex officio the question of nullity. In Italy, on the contrary, that power is the characteristic unifying all forms of nullity laid down in the legal system, with the caveat that when the nullity is ‘protective’, as in cases of nullity provided by consumer law, the consumer can oppose the nullity (Pannon).
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Graça, Carla Renata, Rosa Maria Cordeiro-Soubhia, Susilene Maria Tonelli-Nardi, Edis Belini Junior, Claudia Regina Bonini-Domingos, Camila Ravazzi Gauch, Elisabeth Martins Da Silva Da Rocha, Vânia Deĺarco Paschoal, João Aris Kouyoumdjian, and Andrea Regina De Souza Baptista. "Is nullity for Glutathione S-transferase genes GSTT1 and GSTM1 protective against leprosy?" Leprosy Review 87, no. 2 (June 1, 2016): 232–38. http://dx.doi.org/10.47276/lr.87.2.232.
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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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Pushkina, Anna V., and Tatyana S. Sayapina. "SOME ASPECTS OF THE PROTECTION OF CIVIL RIGHTS OF REAL ESTATE ASSOCIATIONS." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 37 (2020): 168–85. http://dx.doi.org/10.17223/22253513/37/14.
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Today, consideration of ways to protect the civil rights of various subjects of civil law relations is of particular importance in civilist studies. One of the results of the reform of civil legislation on legal entities in 2014 was the emergence of a new legal form of organization -partnership of property owners. Therefore, it is important to consider in detail the main ways to protect the civil rights of this legal entity. It is not possible to consider all ways of protecting civil rights in one article. In this con-nection, only some of the most common methods of protecting the civil rights of real estate partnerships have been investigated, namely: recognition of the right; restoration of the posi-tion that existed before the violation of the right and suppression of actions that violate the right or threaten to violate it; invalidation of the transaction and application of the consequences of its invalidity, application of the consequences of a void transaction. The method of protection, such as recognition of the right, is often used by real estate as-sociations. And in this method, both an application for recognition of a right to be present and an application for recognition of a right to be absent are possible. The question of the applica-bility of the statute of limitations to this method is a matter of discussion. It seems that in most cases it is possible to apply the statute of limitations to claims for recognition of a right. The general nature of this method was revealed by examining the restoration of the situa-tion that existed before the violation of the right and the prevention of actions that violate the right or threaten to violate it. Usually, when such demands are made, the courts ask to specify them. And only in rare cases where no other protective measures are applied, do the courts allow for the possibility of submitting a direct request to restore the situation that existed be-fore the violation of the right. The third way of protecting the civil rights of property associations was significantly changed in 2013. Thus, the rule of Article 168 of the Civil Code of the Russian Federation on the nullity of a transaction that does not comply with the law has been fundamentally re-formed, unless the law establishes other consequences. Such a transaction is now considered void. The possibility of claims for invalidation of a void transaction has also been established by law. Previously, the courts allowed such claims, but in the doctrine the question of the possibility of such claims was debatable, since the Civil Code of the Russian Federation did not mention them.
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Hinescu, Arcadia. "The Nullity of a Merger under Romanian Law." European Company Law 10, Issue 2 (May 1, 2013): 51–62. http://dx.doi.org/10.54648/eucl2013012.
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In Romania, the legislature took over the European provisions on legal mergers mostly verbally. This has resulted in a sufficient level of legal protection of the rights and interests held by the shareholders of the merging companies. The nullity of a merger has a distinct legal nature, as there are only limited situations in which such nullity may be invoked, and the term during which the nullity can be invoked is also limited.
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Capasso, Antonio. "Antitrust Rules and Competition Violations. The Evolution of Consumer Protection." Journal of the University of Latvia. Law 14 (2021): 183–96. http://dx.doi.org/10.22364/jull.14.11.
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According to the order of the Court of Verona of 01.10.2018, No. 3763, a prohibited agreement pursuant to Art. 2, Law No. 287/1990, can also be harmful to consumer or entrepreneur, who has not taken part in it. In order to recognize an interest in invoking the protection referred to in Art. 33, para. 2, Law No. 287/1990, it is not sufficient to allege the nullity of the agreement itself but it is also necessary to specify the consequence that this failure has produced regarding the right to an effective choice between a plurality of competing products. This paper intends to investigate the institutions of the omnibus guarantee and its consequent nullity for violation of the discipline that governs agreements restricting competition. It also provides an analysis of the remedies and safeguards available to consumers who have remained extraneous to the competitive agreement, and who have entered into a subsequent contract of the latter.
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Stoican, Andreea. "Practical Aspects Regarding the Dissolution of a Company by Declaring the Company Null and Void." Proceedings of the International Conference on Business Excellence 14, no. 1 (July 1, 2020): 1211–16. http://dx.doi.org/10.2478/picbe-2020-0114.
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AbstractLaw no. 31/1990 on companies, in its initial form, developed a more traditional approach of the consequences of the non-compliance with the legal requirements for the establishment of a company. Though, in the mentioned version, the interest of protecting third parties prevailed, with the exclusion of the drastic sanction of nullity. However, the legislator, in time, reached the conclusion that a more modern approached needed to be taken into consideration, which should reach a balance between the need to protect the interests of third parties and the imperative to comply with the law with reference to the conditions that must be met to establish a company. Even so, in this current form of the regulation, a concern still remains, respectively that of trying to save the company, to bring it to fulfill the conditions of legality and, through this, to protect third parties also. But in some cases it is necessary for the company to cease to exist by declaring its nullity. Therefore, the current study aims in presenting and analyzing, from a more practical point of view, the occurrence of the nullity of a company and the consequences of such a measure both for the company itself and also for its partners.
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Sherstoboev, O. N. "Nullity of Administrative Acts: Grounds, Legal Regime, Discretion." Siberian Law Review 18, no. 2 (October 20, 2021): 228–42. http://dx.doi.org/10.19073/2658-7602-2021-18-2-228-242.
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The issues of criteria for the nullity of administrative acts are considered, the ratio of an illegal and invalid act, as well as a null and void act, analyzed, the possibility of administrative discretion in determining an invalid administrative act is analyzed, the role of vague legal concepts when an administrative act is declared invalid is demonstrated. The Author uses a comparative legal method, including the analysis of the practice of Germany, Great Britain, South Africa, Canada, Japan, South Korea, Russia and other countries. Special attention is paid to the laws on administrative procedures adopted in the post-Soviet territory and the influence of the German doctrine on this process. It is concluded that for the continental legal order the most preferable way to formalize the criteria for the invalidity of an administrative act are laws on administrative procedures or their analogs, while in the common law states, legal doctrine and judicial practice are of great importance. At the same time, many countries avoid recognizing acts as null and void, preferring the construction of their voidability. This is related to ensuring the stability of public administration, the predictability of administrative activities, and the protection of legitimate expectations. In any case, the theory of the reality of the administrative act is prevailing, and nullity is rather viewed as an anomaly. Therefore, only acts that are adopted with the most significant violations, which do not allow talking about the fair consequences of their adoption, are considered invalid. The illegality of an act does not automatically entail its nullity. A similar trend can be traced in Russia, although individual norms of law and practice of courts indicate the possible formation of a doctrine of the invalidity of an administrative act in the Russian legal system. Insignificant acts do not give rise to consequences from the moment of their adoption, legally they do not exist, and nothing can generate anything. With this approach, the courts only fix the criterion of invalidity without a dispute about law. Insignificant acts should be distinguished from contested ones, the latter may turn out to be illegal, but for a number of reasons (for example, protection of trust) the fact of their existence is confirmed along with their consequences.
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Krane, Joshua A., and Michael H. Lubetsky. "Reopening the Langelier—Mignault Debate on Unauthorized Transactions Involving a Minor's Property." Revue générale de droit 39, no. 1 (October 20, 2014): 101–25. http://dx.doi.org/10.7202/1026983ar.
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Under section 213 C.C.Q., immovables, enterprises, and important pieces of family property belonging to a minor can only be sold in cases of necessity, and only then with prior authorization from the court or the tutorship council. What is the legal status, therefore, of a contract of sale of a minor's property made by his tutor in violation of this provision? This question inspired a vigorous debate in both France and Quebec throughout the nineteenth century. Mignault "settled'' this debate in 1896 by declaring such a contract to be tainted with relative nullity. Now, over a century later, the law's attitude toward the protection of minors has changed significantly, which makes it appropriate to revisit Mignault's thesis. This paper argues that the sanction of relative nullity is inconsistent with both the text and underlying policy objectives of the section, and that an alternative approach must be adopted.
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Agashev, Dmitry V. "Invalidity of the employment contract and recognition of the employment contract as not valid as a promising way to protect labour rights." Russian Journal of Labour & Law 13 (2023): 245–60. http://dx.doi.org/10.21638/spbu32.2023.117.
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The study is devoted to the substantiation and formulation of proposals for the implementation in Russian labour law of a promising way of protecting individual labour rights — invalidity of the employment contract and the recognition of an employment contract as inactive in court, as well as their ratio. Based on the analysis of the labour legislation of the Russian Federation and other states of the EAEU, an analysis is made of the current state of the normative legal regulation of the issues of the invalidity of an employment contract. It is proposed to fix in the Russian labour legislation the concept, specific grounds for the nullity of an employment contract and its consequences. When considering the provisions of civil legislation on the consequences of the invalidity of disputed transactions, as well as special literature, the author expressed the opinion that the method of protection provided for in paragraph 3 of Article 167 of the Civil Code of the Russian Federation should be considered precisely as a mechanism for the transformation (termination for the future) of the legal relationship that arose from the voidable transaction. It is concluded that the partial extrapolation of this model to the labour law reality will allow to form an original way of protection for the employee and the employer, eliminating the grounds for discussion about the subsidiary application of civil law norms on the conclusion and execution of an employment contract. The main results of the study are the formation of a number of proposals aimed at improving the effectiveness of primarily Russian labour legislation. In particular, a distinction is proposed between the grounds and consequences of the nullity of an employment contract and the recognition of an employment contract as inactive. It is stated that the rights and responsibilities of the parties to the employment relationship, formed before the recognition of the employment contract as inactive, should be considered properly executed. It is also proposed to some of innovations in the Labour Code of the Russian Federation, including a fine (penalty) in favor of a minor employee in cases of violation by the employer of the prohibitions on concluding an employment contract as a preventive measure and one of the consequences of recognizing it as inactive.
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محمود, محمود. ""الحماية المدنية لحق المؤلف في اطار البيئة الرقمية "دراسة تحليلية في القانون العراقي." Al-Kitab Journal for Human Sciences 1, no. 2 (October 4, 2020): 213–33. http://dx.doi.org/10.32441/kjhs.01.02.p17.
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The extensive technological developments have imposed a new reality to be dealt with particularly in the fields of modern communications, like the Internet. According and encounter then legally rights of individuals have been in fringed more particularly, the right of authors in the Framework of the Digital Environment. As it is known that electronic publishing has achieved many advantages as the easiness in publishing and the fast spread around the world decreasing of the value of publishing costs when compared with the traditional publishing. In spite of that, the electronic publishing has contributed to decreasing the legal protection granted for the authors in the framework digital environment due to the emergence of technical measures that nullify all the means of protecting author’s literature. For this reason, it is necessary to make a study concerned with evaluating the civil protection for the published literature in the framework of the digital environment, in the law of protection the right of Iraqi author through an analytical study which aims at investigating: the effectiveness of the machinery taken in order to protect the right of the Iraqi authors by dealing with the protection, on the one hand, and the civil means available to protect the published literature in the digital environment, on the other.
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Kukhariev, Oleksandr. "Latest Tendencies of Wills’ Voidness Made in Violation of the Requirements Regarding the Form and Authenticating Procedure." Slovo of the National School of Judges of Ukraine, no. 1(34) (July 5, 2021): 6–16. http://dx.doi.org/10.37566/2707-6849-2021-1(34)-1.
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The article is focused on revealing the peculiarities of wills’ validness made in violation of the requirements regarding the form and authenticating procedure based on the analysis of legal doctrine and the current case law. The author has substantiated position that the invalidation of a will is a special method to protect the rights of inheritance, which in its essence is not identical to the protection of civil rights and interests by the court as the invalidation of the transaction. It is due to the scope of implementing the studied method of protection and the peculiarities of the will as a kind of unilateral transactions. The possibility of convalidation of a will’s nullity by the court has been denied, since it will lead to destabilization of property relations, as well as to numerous abuses by their participants. The author has additionally emphasized the difficulty of establishing conditions enshrined by law for the admission of a unilateral transaction, in particular: the transaction must correspond to the true will of the person who executed it; the notarization of the transaction was hindered by a circumstance that did not depend on the person’s will who executed it. The court’s decision will in any case be based on indirect evidence and assumptions. In addition, the plaintiffs in most cases are lawful heirs of this will, who are interested parties. The author of the paper criticizes the point of view regarding the will’s nullity certified by an official of a local self-government agency not according to the place of registration of the testate. In this case, the invalidity of legal transaction is artificially removed from the Law of Ukraine «On Local Self-Government in Ukraine», goes beyond the literal content of the Art. 1257 of the Civil Code of Ukraine, violates the principle of will’s freedom and justice as one of the general principles of civil law. It has been emphasized that formal, minor violations of the wills’ authenticating procedure cannot be considered as grounds for theirvalidness. Key words: inheritance law, hereditary legal relations, a will, a testate, validness, nullity, convalidation.
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Roe, Thomas. "Transfer of undertakings–dismissals and variations." Cambridge Law Journal 58, no. 1 (March 1999): 1–48. http://dx.doi.org/10.1017/s0008197399341015.
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IN conjoined appeals in Wilson v. St. Helens Borough Council [1998] 3 W.L.R. 1070, the House of Lords considered two important questions concerning the Transfer of Undertakings (Protection of Employment) Regulations 1981, S.I. 1981/1794, which enact the Acquired Rights Directive (77/187/EEC): Wrst, whether a purported dismissal of an employee, the reason or principal reason for which is the transfer of an undertaking, is eVective or is a nullity, and secondly, the extent to which employees are free, expressly or by conduct, to accept variations by the transferee in their terms of employment.
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Abdullah Mohammed Ali Al. Mekhlafi, Abdullah Mohammed Ali Al Mekhlafi. "Controls of the conditions associated with the contract in Bahraini civil law and Islamic jurisprudence: comparative analytical study: ضوابط الشروط المقترنة بالعقود في القانون المدني البحريني والفقه الإسلامي: دراسة تحليلية مقارنة." مجلة العلوم الإقتصادية و الإدارية و القانونية 5, no. 15 (August 29, 2021): 125–04. http://dx.doi.org/10.26389/ajsrp.k301220.
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This study deals with the controls of the conditions associated with the contract in Bahraini civil law and Islamic jurisprudence. The knowledge of conditions carries great importance in the financial transactions that take place between individuals in society, and in particular the contracts that are concluded between the contracting parties and the terms that contain these contracts and which are relied upon in The protection and guarantee of contracting funds, as the various contracts and actions through which individuals practice different transactions include many conditions, and on these conditions the validity and invalidity of contracts depend, and given the impact of the conditions on contracts, civil laws have interfered and legal controls have been set for the conditions that are set in the different contracts to protect it from nullity. This research aims mainly to define the legal and controls for the conditions associated with contracts in Bahraini civil law and Islamic jurisprudence, and to show the impact of conditions on the validity of contracts. This study has reached a number of results, the most important of which is that the principle in the conditions is permissibility and not prohibition, and it has restricted freedom in terms of contracts associated with contracts by placing exceptions on the original in order to achieve the public interest and the private interest, and adopting this principle is a desire of the Bahraini legislator not to restrict and limit the contracting parties. The permissibility of the conditions associated with contracts in specific conditions, and the study also showed that adherence to the legal controls related to the conditions protect contracts and actions from nullity, and the contracting parties avoid disputes and material losses that may befall them as a result of contract nullity in the event of Non-compliance with legal and legitimate Controls.
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Poulin, Éloi. "L'hypothèque de la chose d'autrui." Les Cahiers de droit 30, no. 2 (April 12, 2005): 283–357. http://dx.doi.org/10.7202/042951ar.
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L'hypothèque de la chose d'autrui requiert analyse sous deux aspects principaux : la sûreté en tant que droit réel et le contrat d'affectation en tant que mécanisme constitutif. Comme droit réel, relation directe entre le créancier et le bien visé, l'hypothèque trouve sa substance à partir de l'exercice d'une des utilités conférées par la propriété d'un bien, notamment sa valeur économique ou valeur de crédit. Sans droit de propriété au constituant, il n'existe ni hypothèque, ni préférence en faveur du créancier. L'hypothèque de la chose d'autrui peut donc être neutralisée assez simplement, indépendamment de la question de la nullité contractuelle et même d'office par la Cour, si l'existence de la sûreté n'est pas prouvée. La nullité du contrat d'affectation demeure cependant importante. C'est ainsi que le caractère relatif de la nullité, fondé sur l'impossibilité de l'objet du contrat, permet d'établir que l'affectation est validée lorsque le constituant devient propriétaire du bien visé. C'est à ce moment que la sûreté voit jour et se déploie sur le bien affecté, sans rétroactivité. De façon exceptionnelle, des effets seront reconnus à l'hypothèque du bien d'autrui, au nom des exigences de l'équité et de la protection des tiers de bonne foi.
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Badenhoop, Nikolai. "Private Law Duties Deriving From EU Banking Regulation and its Individual Protection Goals." European Review of Contract Law 16, no. 2 (June 5, 2020): 233–66. http://dx.doi.org/10.1515/ercl-2020-0013.
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AbstractEU regulation both affects private law and increasingly relies on private law mechanisms to ensure its proper enforcement. Prominent examples are competition and capital markets regulation. In contrast, EU prudential regulation of commercial banking predominantly relies on public enforcement via supervisory authorities. This is astonishing given that the protection of individual bank customers emerges as a leitmotiv of EU banking regulation. CRD IV and CRR as the main legislative acts of EU commercial banking regulation strongly promote the goals of depositor and investor protection. More explicitly, the Consumer Credit Directive and the Consumer Mortgage Credit Directive introduced the duty of responsible lending towards consumers. Where the individual bank customer enjoys regulatory attention, but is not protected by public supervisory authorities, private law is best placed to fill the enforcement gap. In light of CJEU guidance, this contribution argues that the current EU banking regulation is open for and even requires private law remedies to enforce individual protection goals. Suitable instruments are contract interpretation, contract nullity and damages.
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Hamasuna, R., Y. Eizuru, Y. Shishime, and Y. Minamishima. "Protective Effect of Carrageenan against Murine Cytomegalovirus Infection in Mice." Antiviral Chemistry and Chemotherapy 4, no. 6 (December 1993): 353–60. http://dx.doi.org/10.1177/095632029300400607.
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The protective effect of iota-carrageenan (CAR) was evaluated against murine cytomegalovirus (MCMV) infection in mice. Female ICR mice were challenged intraperitoneally (i.p.) with 3 LD50 of salivary gland-passaged MCMV. More than 0.5 mg of CAR showed a protective effect on mice only when CAR was administered i.p. and then MCMV was inoculated i.p. The protective effect of CAR was evidenced by an increase in plaque-forming unit per LD50 and a decrease in the titre of infectious viruses in the target organs. Neither a virucidal nor a virustatic effect on MCMV was evidenced for CAR. The protective effect of CAR seemed to be host-mediated. Pretreatment of mice with CAR augmented natural killer (NK) activity of the spleen cells without elevating the serum interferon level. However, administration of anti-asialo GM1 antibody did not nullify the inhibitory effect of CAR on virus replication in the target organs. MCMV infection induced leukopenia including neutropenia and lymphopenia in saline-treated mice. Pretreatment with CAR protected mice from those signs, except for slight lymphopenia. Administration of cyclophosphamide induced severe leukopenia including neutropenia and lymphopenia even in CAR-treated mice. Under such conditions, the protective effect of CAR against MCMV infection was abrogated by cyclophosphamide. Thus, the protective effect of CAR seems to be non-NK-mediated.
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Gręźlikowski, Janusz. "Racje i sens „prawa do obrony” w procesie o nieważność małżeństwa." Prawo Kanoniczne 53, no. 3-4 (October 15, 2010): 197–222. http://dx.doi.org/10.21697/pk.2010.53.3-4.10.
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“Right to defence” in canonical process for nullity of matrimony results first of all from natural right and it is strictly connected with the dignity of human being, recognition of which requires to respect and defend human’s rights. Each man has a right for defence. This right belongs to the rights related with human being and it precedes each codified statutory law. It is basic and fundamental right resulting form existence of other fundamental rights, protection of which should be guaranteed in the Church. Keeping this right is necessary for realization of justice and objectivity of the process. Norms of this law guarantee to the litigants inviolable right to defence in cases for nullity of matrimony, they promote this right and underline its importance and meaning as well as its precise application to clarify the truth of objectively conducted suit. Canon process law distinguish two distinctions: right to defence and exercising the right to defence. Litigants have the rights to defence guaranteed in all stages of the suit: starting the proceedings and initiation of dispute, in stage of showing the evidence, discussion as well as in decision stage and attacking the judgment phase. Exercising the right to defence the litigants can support themselves using such suit figures as: guardian, attorney in fact and lawyer. It is important, so as in the suit for nullity of the matrimony, a contention suit rule was kept, which requires keeping the right for defence to each litigant. These guarantees apply in special way to citation act, notifying about subject of dispute, possibility to present different evidence means, publishing the records of the case, presentation of applicable defences, publication of sentence and its appeal. Right to defence also allows the tribunal conducting the case to get to the truth about validity of questioned matrimony and to pass the sentence by the judge. Furthermore it guarantees to the faithful the right to know the truth about their matrimony. This right should be always interpreted in context of duty the litigants have regarding searching for objective truth about their marriage. This means guaranteeing to litigants their basic process rights.
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Sampaio Caramelo, António. "Arbitrabilidade dos Litígios Sobre a Validade de Deliberações Sociais." Revista Brasileira de Arbitragem 9, Issue 33 (March 1, 2012): 101–21. http://dx.doi.org/10.54648/rba2012004.
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ABSTRACT: For claims aiming at the annulment or the declaration of nullity of shareholders' resolutions to be lawfully decided by arbitrators, it is not sufficient to meet the arbitrability criteria set forth by statutory law or by courts' case law. It also necessary to organize the arbitral proceedings in such a way that the awards rendered by arbitrators on such claims can be effective vis-à-vis all the shareholders and the company. This requires the fulfillment of certain conditions which, if they are not determined by the applicable law or regulation, must be provided for by the arbitration agreement (in most cases, inserted in the company's articles of association). Only in this manner will arbitration be able to assure, in a way similar to that offered by state courts, the protection of shareholders' rights and the company's interest in keeping its resolutions stable and unmodifiable.
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Bzdyrak, Grzegorz. "Ochrona dóbr osobistych naruszonych w kanonicznym procesie o nieważność małżeństwa." Przegląd Prawa Konstytucyjnego 69, no. 5 (October 31, 2022): 367–79. http://dx.doi.org/10.15804/ppk.2022.05.29.
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Article demonstrate that secrecy of the canonical process and the constitutional guarantee of autonomy and state allowed to the Catholic Church do not preclude the possibility of seeking protection of personal rights breached at a state forum in the canonical process of declaring nullity of a marriage. It specifies evidence limitations that result from the provisions of canon law. Copies and transcripts from case files are not issued in the canonical proceeding. The only documents that the party has at its disposal will be a copy of the claim and the sentence. The author analyses the provisions of canon law and common law to demonstrate that the request by state organs of case files in canonical process will evidence a breach of the principle of the autonomy and independence of the Catholic Church. Furthermore, the author presents the conditions that a breach must meet in order to be considered unlawful.
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MONSALVE, JOHANNA, ALEXANDRA MOLINA, and KIRA DUQUE. "NULIDAD DE TRASLADO DEL RPM AL RAIS - CÓMO AFECTA LA CONGESTIÓN JUDICIAL, EL EFECTIVO ACCESO A LA JUSTICIA, DE LOS USUARIOS QUE HAN SIDO ENGAÑADOS POR LOS FONDOS PRIVADOS DE PENSIONES." Pensamiento Republicano 10 (February 1, 2019): 109–20. http://dx.doi.org/10.21017/pen.repub.2019.n10.a51.
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ince the entry into force of Law 100 of 1993, Law that brought about the privatization of health and the administration of pensions on behalf of private entities, entities and / or societies that belong to an economically privileged sector, they began a task and / or excessive competition, without adequate rules of the game, in terms of attracting its users. Over the years, connoisseurs of the subject have identified considerable shortcomings, regarding the lack of clarity in the administration of the resources of the affiliates, the absence of adequate information, lack of report of returns, among others, by of these entities. The protection and defense of the rights to protection and social security, to the vital minimum, to information, to dignity and to work, through labor jurisdiction, were sought to ensure that these bad practices carried out y the Private Funds were condemned. they administer the resources destined to the pension of Colombians, through the demands of nullity and / or ineffectiveness of transfer to deprecate that justice is given by the judicial courts and the AFPs are condemned, to carry out the transfer of all contributions, capital, pension bonus, income and interest, to the State Pension Fund administrator “Colpensiones”.
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Hernandez-Tejada, Melba, Ron Acierno, Georgia Anetzberger, Daniel Loew, and Wendy Muzzy. "THE NATIONAL ELDER MISTREATMENT STUDY 8 YEARS LATER: VICTIM MENTAL HEALTH OUTCOMES AND PROTECTIVE FACTORS." Innovation in Aging 3, Supplement_1 (November 2019): S476. http://dx.doi.org/10.1093/geroni/igz038.1773.
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Abstract The purpose of this study was to conduct an 8-year follow-up of the National Elder Mistreatment Study (NEMS) and specify risk ratios for negative outcomes of elder abuse, including DSM-5 defined depression, generalized anxiety disorder (GAD), post-traumatic stress disorder (PTSD), and poor self-reported health. Methodology: Attempts were made to re-contact, via Computer Assisted Telephone Interview, all 752 NEMS participants who reported mistreatment since age 60 at Wave I, as well as a randomly selected sample of non-mistreated NEMS participants Results: 183 NEMS Wave I elder abuse victims and 591 non-victims provided data. In bivariate analyses, elder mistreatment 8 years earlier increased risk of negative outcomes by 200-700%. However, multivariate analyses revealed that Current (Wave II) social support was highly protective against most negative outcomes (excepting PTSD), and even appeared to nullify effects of mistreatment on GAD and poor self-reported health. Conclusions: Outcomes of elder mistreatment have not been studied prospectively in a national sample. The NEMS 8-year follow-up findings indicate a strong relationship between elder mistreatment at Wave I and negative emotional and physical health 8 years later. Fortunately, current (Wave II) social support appears to be both consistently and powerfully protective against most negative outcomes.
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Frank, L. "Endotoxin-tolerant rats are still protected from oxygen toxicity by low-dose endotoxin treatment." Journal of Applied Physiology 58, no. 3 (March 1, 1985): 819–22. http://dx.doi.org/10.1152/jappl.1985.58.3.819.
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To determine if we could reduce endotoxin's potential for toxicity, we produced “endotoxin-tolerant” rats by administering progressively increasing daily doses of endotoxin (10 ng, 100 ng, 1 microgram, 10 micrograms/kg). This dosage regimen produced a high degree of tolerance to the toxic actions of endotoxin: whereas only 3/17 (18%) of control rats survived a normally lethal dose of endotoxin (25 mg/kg), survival for the endotoxin-tolerant rats was 16/16. When endotoxin-tolerant rats received a standard protective dose of 500 micrograms/kg endotoxin just before transfer to 96–98% O2, 19/20 survived the 72-h exposure period vs. 20–30% survival for controls. Thus whereas the endotoxin-tolerant state blocked the tested lethal and toxic effects of endotoxin, it did not nullify the O2 protective action of endotoxin. In addition, endotoxin's stimulatory effects on the lung antioxidant enzymes in the 96–98% O2-exposed rats was also not blocked by the endotoxin-tolerant state. Thus the therapeutic ratio (TR) of endotoxin as an experimental pharmacological treatment against O2-induced lung damage has been markedly enhanced (TR = ratio of dose producing beneficial effects to dose producing toxic effects).
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Jurić, Dionis. "UPORABNI MODEL KAO NOVI OBLIK ZAŠTITE IZUMA." Pravni vjesnik 37, no. 3-4 (December 2021): 115–28. http://dx.doi.org/10.25234/pv/14881.
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The utility model is a new form for the protection of inventions introduced in the Croatian law by the Patent Act of 2020. It entitles the utility model owner to exclusive right to use and dispose of the invention that is the subject of protection from the date of publication of the utility model registration. The utility model protection validity is ten years from the date of submission of the utility model application, with the payment of the annual maintenance fee. The utility model registration procedure is initiated by a special application. The State Intellectual Property Office examines its conformity with the law and does not examine the novelty, inventive step and industrial applicability of the invention. It does not compose the search report of the state of the art. Certain inventions cannot be protected by the utility model. The Patent Act allows branching off a utility model application from a patent application for the same invention. It also allows conversion of the patent application to a utility model application and vice versa. The utility model owner may request a full examination of the protected invention by the State Intellectual Property Office and conversion of the utility model into a patent. This request may be submitted no later than the end of the seventh year of the validity of the utility model protection. Third parties may request the declaration of nullity of the utility model during the whole period of its validity. The utility model owner is not entitled to sue the persons who infringe his exclusive rights.
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Suslov, A. A. "Inadmissible Refusals in the Russian Civil Law." Actual Problems of Russian Law, no. 1 (January 1, 2019): 102–10. http://dx.doi.org/10.17803/1994-1471.2019.98.1.102-110.
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The paper provides systematization of inadmissible refusals in civil law enshrined in civil legislation and clarification of court practice. The author analyzes the reasons for fixing the inadmissibility of refusal through civil law cases, which include situations of protection of the weaker party in civil law relations. A specific characteristic of inadmissible refusals according to the way of their expression is proposed: with the presence or absence of legal consequences of inadmissible refusals. The “doctrine of the nullity of refusal” prevailing in modern Russian science and court practice is criticized as contradicting the fundamental principles of civil law (in particular, the principles of freedom of contract, inadmissibility of arbitrary interference in private affairs, etc.) and generally acceptable type of legal regulation peculiar to civil law. Some ways to overcome it are proposed. It is concluded that the resolution of the issue of recognizing a refusal as valid or invalid should be based on the correct qualification of the relevant norms, which fix certain legal opportunities for participants in civil law relations as imperative or dispositive.
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Al-Sofani, Abdullah Khaled. "Others Claims against Limited Liability Companies in Jordan." Business Law Review 32, Issue 8/9 (August 1, 2011): 212–14. http://dx.doi.org/10.54648/bula2011054.
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Since the liability of a partner in a limited liability company is limited to his shares in the capital, and since the manager, in such a company, is not liable to be questioned, unless he acts ultra vires, the Jordanian legislator has adopted effective measures, in the Companies Law No. 22 of 1997 and its amendments. These measures protect the interests of third parties by enabling them to file a claim of nullity whenever a breach occurs in one the subjective conditions and/or in the formal basis, i.e., initiation contract and registration in the commercial register, and to file a claim of responsibility, after establishing a basis for its existence, against the company founders and the board members or against the company itself as a legal entity. Actually, these procedures, in addition to protecting the interests of others dealing with this type of company, would make the company a trusted enterprise, which would encourage investors and the businesspeople, especially foreign ones, to enter into business with it. This paper examines these actions in light of the Jordanian Companies Law.
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Pavillon, Charlotte. "ECJ 26 October 2006, Case C-168-05 Mostaza Claro v. Centro Móvil Milenium SL – The Unfair Contract Terms Directive: The ECJ’s Third Intervention in Domestic Procedu." European Review of Private Law 15, Issue 5 (October 1, 2007): 735–48. http://dx.doi.org/10.54648/erpl2007039.
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Abstract:Directive 93/13/EEC requires any court which hears an action for annulment of an arbitration award to determine whether the arbitration agreement is void and to annul the award if it finds that that arbitration agreement contains an unfair term to the consumer’s detriment, where this issue is raised in the action for annulment but was not raised by the consumer in the arbitration proceedings. This ruling is based on an analogy with the Eco Swiss judgment and on the public interest of the protecting the consumer, in view of the risk that of the latter being is unaware of his rights or of encountering difficulties in enforcing them. These grounds as well as the questionable finding that the Directive amounts to Community public policy, are subjected to critical review in this paper, following the Cofidis case – the latter being the second occasion on which a national procedural rule had to yield to the principle of effectiveness. The most striking feature of this judgment is the contrast between the Court’s far-reaching intervention in the domestic procedural legal order, at the expense of the principle of procedural autonomy on the one hand, and its will to leave the assessment of what constitutes an unfair term to the discretion of the national courts on the other. If the Court has its way, the harmonisation of the protection against unfair contract terms will be procedural rather than substantive by nature. Résumé: La directive 93/13/CEE implique qu’une juridiction nationale saisie d’un recours en annulation d’une sentence arbitrale apprécie la nullité de la convention d’arbitrage et annule cette sentence au motif que ladite convention contient une clause abusive, alors même que le consommateur a invoqué cette nullité non pas dans le cadre de la procédure arbitrale, mais uniquement dans celui du recours en annulation. Cette décision est fondée sur une analogie avec l’arrêt Eco Swiss et sur l’intérêt public de la protection du consommateur, eu égard au risque que celui-ci soit dans l’ignorance de ses droits ou rencontre des difficultés pour les exercer. Ces fondements ainsi que la reconnaissance douteuse du caractère d’ordre public communautaire de la directive sont soumis à une évaluation critique. Aprèès l’affaire Cofidis, la Cour fait une seconde fois plier une règle de procédure nationale devant l’effet utile de la directive. L’aspect le plus frappant de cet arrêt est le contraste entre l’immixtion dans l’ordre procédural interne, au prix du principe de l’autonomie procédurale, et sa volonté de laisser la définition de ce qui constitue une clause abusive à la discrétion du juge national. S’il en tient à la Cour, l’harmonisation de la protection contre les clauses abusives sera celle des procédures nationales plutôt qu’une harmonisation sur le plan du contenu de la directive. Zusammenfassung: Richtlinie 93/13/EWG impliziert, daß ein nationales Gericht, das über eine Klage auf Aufhebung eines Schiedsspruchs zu entscheiden hat, die Nichtigkeit der Schiedsvereinbarung prüft und den Schiedsspruch aufhebt, wenn die Schiedsvereinbarung eine missbräuchliche Klausel zu Lasten des Verbrauchers enthält, auch wenn der Verbraucher diese Nichtigkeit nicht im Schiedsverfahren, sondern erst im Verfahren der Aufhebungsklage eingewandt hat. Dieses Urteil stützt sich auf eine Analogie mit der Eco Swiss Entscheidung und auf das öffentliche Interesse am Verbrauc
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Lavallée, Sophie, and Denis Lemieux. "La multiplicité des rôles du ministre de l’Environnement s’oppose-t-elle à l’exigence de l’impartialité ?" Les Cahiers de droit 44, no. 1 (April 12, 2005): 73–97. http://dx.doi.org/10.7202/043740ar.
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Dans l’arrêt Procureure générale du Québec c. Compagnie pétrolière Impériale ltée, la Cour d’appel du Québec a décidé qu’un ministre de l’Environnement qui ordonne à une personne de décontaminer un terrain doit agir dans le respect de la règle de l’impartialité. La plus haute cour de justice de la province a néanmoins décidé que lorsque la crainte raisonnable de partialité découle d’un conflit entre les diverses fonctions que le législateur a conférées au ministre, il devient impossible de sanctionner de nullité l’ordonnance ou de l’annuler pour le motif de détournement de pouvoir lorsqu’elle concerne, entre autres, la protection du public. Cette prise de position suscite plusieurs interrogations qui ne sont sans doute pas étrangères à la décision prise par la Cour suprême du Canada d’accorder la permission d’appeler de ce jugement.
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Gomes, Eduardo Biacchi, Andréa Arruda Vaz, and Sandra Mara de Oliveira Dias. "Limites Éticos para o Uso da Inteligência Artificial no Sistema de Justiça Brasileiro, de Acordo com a Lei 13.709 de 2018 (LGPD) e Resoluções 331 e 332 do Conselho Nacional de Justiça." REVISTA INTERNACIONAL CONSINTER DE DIREITO 13, no. 13 (December 21, 2021): 107–24. http://dx.doi.org/10.19135/revista.consinter.00013.04.
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This research analyzes how artificial intelligence has been applied by the Judiciary in Brazil. What ethical limits should be established and observed in the implementation of Artificial Intelligence before the Resolutions of the CNJ, n. 331 that established the National Database of the Judiciary – DataJud, n. 332 that provides for ethics, transparency and Governance in the production and use of Artificial Intelligence in the Judiciary and Law 13,709 of 2018 that regulates data protection in Brazil. It is concluded that based on the Ethics on the use of Artificial Intelligence in Judicial Systems (CEPEJ), based on Articles 5, XXXVII and LIII, Article 93, IX of the CF/88, Article 20 of 13,709/2018 (LGPD) and Resolutions 331 and 332/2020 of the CNJ point to the need for human supervision in judicial decisions that use artificial intelligence in observance of the right of explanation and review. There are ethical limits to be observed in the production and use of Artificial Intelligence to avoid the bias and opacity of data that may contaminate judicial decisions from absolute nullity. Deductive method and bibliographic technique are used for the production of this article.
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Arnold, Richard, and Andrew B. Whitford. "Making Environmental Self-Regulation Mandatory." Global Environmental Politics 6, no. 4 (November 2006): 1–12. http://dx.doi.org/10.1162/glep.2006.6.4.1.
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We describe a simple mechanism for achieving two goals: (1) to encourage firms to take environmentally friendly action, and (2) to make environmental protection impervious to political change. We assert that there is wide evidence now that firms adopting an environmental management system (EMS) like ISO 14001 improve their environmental performance. This is because ISO 14001's third-party audits reduce the chance firms will fully fail to comply with regulations, and the EMS procedure reduces the chances firms will be in noncompliance due to ignorance. Our mechanism is intended to harness the power of EMS systems within firms, while reducing the chances that political change will nullify our solution. We argue that to achieve these goals, governments should make firms' participation in public procurement programs contingent on their adoption of an EMS such as ISO 14001.
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Baćović, Tijana. "FORMA UGOVORA O POKLONU." Glasnik prava X, no. 2 (December 2019): 131–46. http://dx.doi.org/10.46793/gp.1002.131b.
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Donation contract is a formal agreement. In order to be valid, donation contract must be completed in regulated form by law. The formalism of donations represents a big departure from the principle of consensus, as a dominant principle of modern agreement law. In the Republic of Srpska, by the proclamation of a law on notaries, for donation contract, the form of a notarized document is envisaged, as an important, constitutive form, whose deficiency makes the contract ineffective. The purpose of the notary form of donation contract is that legal relations are regulated in a way to avoid disputes and to provide guarantees of the highest degree of legal certainty. Given that this form has been prescribed by the legislator for the purpose of protecting the public interest, in the absence of the contract, the contract is inevitably affected by nullity, without the possibility of convalidation. However, when it comes to the donation of moving things, the lack of notarial forms in this case is replaced by the execution of the promised act. In this elaborat, we will use the normative and comparative method, in order to determine the similarities and differences in the regulation of the same issues in different legal systems.
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Ault, Jeffrey G., and David A. Lawrence. "Glutathione Distribution in Transformed Leukocytes Determined by Immunoelectron Microscopy." Microscopy and Microanalysis 7, S2 (August 2001): 70–71. http://dx.doi.org/10.1017/s1431927600026428.
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Glutathione (GSH) is a tripeptide thiol found in virtually all mammalian cells. GSH is a cofactor in several enzymatic reactions and is important in intracellular cysteine storage. Probably the most interesting of its many functions is its role in protecting the cell against the detrimental effects of ionizing radiation, reactive oxygen compounds, free radicals, and toxic xenobiotics. GSH is the reduced form which can be oxidized to a disulfide form (GSSG) or to form mixed disulfides with proteins. The GSH oxidation-reduction cycle maintains a high GSH to GSSG ratio which provides a reservoir of reducing equivalents that can nullify reactive oxygen species and detoxify xenobiotics. The study of glutathione in the fields of cancer research and immunology has attracted much attention, especially with regard to changes with age.In this study, we have determined the cellular distribution of glutathione using immunoelectron microscopy. A mouse monoclonal antibody (8.1-GSH) against the glutathione adduct with Nefhylmaleimide (NEM) was used.
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Harker, K. Neil. "Ammonium Sulfate Effects on the Activity of Herbicides for Selective Grass Control." Weed Technology 9, no. 2 (June 1995): 260–66. http://dx.doi.org/10.1017/s0890037x00023319.
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Greenhouse and field experiments were conducted from 1987 to 1990 at the Lacombe Research Station to determine the influence of ammonium sulfate (AS) on various grass control herbicides. In field studies, AS had slight or no effects on the phytotoxicity of aryloxyphenoxypropanoate (APP) herbicides (fenoxaprop, fluazifop, haloxyfop, and quizalofop). The largest AS-mediated increase in APP herbicide phytotoxicity was 19% (based on fresh weight reduction) for wild oat with haloxyfop at 50 g/ha. AS consistently mediated increases in cyclohexanedione (CHD) herbicide phytotoxicity. With added AS, barley fresh weight was reduced 75% (1988) with BAS 517 at 50 g/ha, and 100% (1990) with clethodim at 25 g/ha. Greenhouse studies confirmed field studies, but differences were less substantial and consistent. It is suggested that APP herbicides are either less susceptible to UV degradation than CHD herbicides, and/or that APP herbicides may penetrate plant cuticles quickly enough to nullify any protection from UV degradation that AS might provide via rapid absorption.
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Catalán Chamorro, María José. "El derecho a la libre prestación de servicios o libre circulación de capitales en la Unión Europea vs. la protección del consumidor nacional croata a la luz del asunto C-630/17 Anica Milivojević vs. Raiffeisenbank St. Stefan-Jagerberg-Wolfsberg Egen = The right to free provision of services or free movement of capital in the european union vs. the protection of the Croatian national consumer in the context of the case C-630/17 Anica Milivojević vs. Raiffeisenbank St. Stefan-Jagerberg-Wolfsberg Egen." CUADERNOS DE DERECHO TRANSNACIONAL 12, no. 1 (March 5, 2020): 531. http://dx.doi.org/10.20318/cdt.2020.5201.
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Resumen: En el presente trabajo se analiza el impacto que ha tenido la Ley de nulidad de los contratos de préstamo con elementos internacionales celebrados en la República de Croacia con un acreedor no autorizado y su confrontación con la normativa europea. Esto se realiza a través de las cuestiones prejudiciales planteadas por un Tribunal municipal croata sobre la afectación del derecho a la libre prestación de servicios y libre circulación de capitales en la Unión Europea; alteración de los fueros competenciales, extensión del concepto de consumidor a empresarios y la concepción de los derechos reales.Palabras clave: Derecho a la libre prestación de servicios, Reglamento 1215/2012, defensa de los consumidores y derecho real de hipoteca.Abstract: This paper analyses the impact of the Law on the nullity of loan contracts with international elements entered into in the Republic of Croatia with an unauthorised creditor and its confrontation with European regulations. This is done through prejudicial questions raised by a Croatian Municipal Court on the effect of the right to the free provision of services and free movement of capital in the European Union; alteration of the jurisdictional privileges, extension of the concept of consumer to entrepreneurs and the conception of mortgage rights. Keywords: Right to freedom to provide services, Regulation 1215/2012, consumer protection and mortgage liem.
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Watson, Irene. "Aboriginal relationships to the natural world: colonial ‘protection’ of human rights and the environment." Journal of Human Rights and the Environment 9, no. 2 (September 2018): 119–40. http://dx.doi.org/10.4337/jhre.2018.02.01.
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Colonialism has challenged Aboriginal obligations and relationships to the natural world. This article describes the efforts of First Nations on the continent now known as Australia to maintain their authority and existences in the face of neoliberalism and colonialism, which the British initially inflicted and under which we still survive. The colonial policies of Australia denied our existence and at the same time attempted to demolish our languages and cultures, and to assimilate the consequences. This article asks the questions: what underpins state claims to the title to Aboriginal lands? Does Australia renounce terra nullius and the racist principles and beliefs which make up such a doctrine? And finally does Australia acknowledge and support all ‘Peoples’ as having an inherent right to self-determination, and as a component of such a right, that all ‘Peoples’ have a right to collectively care for their country and to benefit from a relationship to the land which sustains future generations of all Peoples? The possibility of a future for all life forms on earth lies in the responses states might deliver to these questions.
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Schneidewind, Arne, Yanhua Tang, Mark A. Brockman, Elizabeth G. Ryland, Jacqueline Dunkley-Thompson, Julianne C. Steel-Duncan, M. Anne St. John, et al. "Maternal Transmission of Human Immunodeficiency Virus Escape Mutations Subverts HLA-B57 Immunodominance but Facilitates Viral Control in the Haploidentical Infant." Journal of Virology 83, no. 17 (June 10, 2009): 8616–27. http://dx.doi.org/10.1128/jvi.00730-09.
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ABSTRACT Expression of HLA-B57 is associated with restricted replication of human immunodeficiency virus (HIV), but the mechanism for its protective effect remains unknown. If this advantage depends upon CD8 T-cell recognition of B57-restricted epitopes, mother-to-child transmission of escape mutations within these epitopes could nullify its protective effect. However, if the B57 advantage is largely mediated by selection for fitness-attenuating viral mutations within B57-restricted epitopes, such as T242N in TW10-Gag, then the transmission of such mutations could facilitate viral control in the haploidentical infant. We assessed the consequences of B57-associated mutations on replication capacity, viral control, and clinical outcome after vertical transmission in 13 mother-child pairs. We found that expression of HLA-B57 was associated with exceptional control of HIV during infancy, even when mutations within TW10 and most other B57-restricted epitopes were transmitted, subverting the natural immunodominance of HLA-B57. In contrast, most B57-negative infants born to B57-positive mothers progressed rapidly to AIDS. The presence of T242N led to a reproducible reduction in viral fitness, as demonstrated by in vitro assays using NL4-3 constructs encoding p24 sequences from individual mothers and infants. Associated compensatory mutations within p24-Gag were observed to reverse this impairment and to influence the propensity of T242N to revert after transmission to B57-negative hosts. Moreover, primary failure to control viremia was observed in one infant to whom multiple compensatory mutations were transmitted along with T242N. These parallel in vivo and in vitro data suggest that HLA-B57 confers its advantage primarily by driving and maintaining a fitness-attenuating mutation in p24-Gag.
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Colcelli, Valentina. "Reversing Ubi Jus ibi Remedium in Civil Law: The Italian Case of Consumer Protection." European Review of Private Law 18, Issue 1 (February 1, 2010): 143–54. http://dx.doi.org/10.54648/erpl2010007.
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Abstract: This paper aims to assess whether, in the Italian legal system, Article 36 (invalidity of unfair terms or nullity for protection of consumers), Article 64 (right of withdrawal for distance contracts and contractual offers, or those negotiated outside the office) and Article 130 (free rights of charge by repair or replacement) of Italian Decree No. 206/2005 are not substantive rights, but remedies, as in Common Law. In private law, the traditional approach of Civil Law is to place rights before remedies. In Civil Law legal systems, the qualification of rights in rules is codified before remedies, in contrast with the Common Law system, in which tradition puts remedies before rights – ubi remedium ibi jus. This paper examines the current status of the Civil Law approach in the Italian legal system. It uses the example of Articles 36, 64 and 130 of Decree No. 206/2005 (called the ‘Consumer Code’) and shows how they are creating a Civil Law version of the ubi remedium ibi jus in the European context of a growing circulation of juridical models. Zusammenfassung: Dieser Beitrag beabsichtigt zu untersuchen, ob im italienischen Rechtssystem Artikel 36 (Nichtigkeit einer unbilligen Bestimmung oder Nichtigkeit zum Schutz der Verbraucher), Artikel 64 (Rücktrittsrecht bei Fernabsatzverträgen und vertraglichen Angeboten oder denjenigen, die außerhalb von Geschäftsräumen ausgehandelt wurden) und Artikel 130 (das freie Recht auf Umtausch oder Nachbesserung) des italienischen Dekrets Nummer 206/2005 keine materiell-rechtlichen Bestimmungen sind, sondern wie im Common Law Rechtsbehelfe darstellen. Im Zivilrechtssystemen ist der traditionelle Ansatz, dass materiell-rechtlichen Bestimmungen den Rechtsbehelfen vorgehen. Im zivilrechtlichen Rechtssystemen werden deshalb die materiell-rechtlichen Bestimmungen vor den Rechtsbehelfen bei der Kodifizierung vorgezogen. Im Gegensatz hierzu erfolgt in den Common Law Rechtssystemen traditionellerweise erst eine Kodifizierung der Rechtsbehelfe und dann erst die der materiell-rechtlichen Bestimmungen ubi remedium ibi jus. Dieser Beitrag untersucht den derzeitigen Ansatz in dem italienischen Rechtssystem. Dazu verwendet er die Beispiele der Artikel 36, Artikel 64 und Artikel 13 des Dekrets 206/2005 (auch Verbrauchergesetz genannt) und zeigt, wie sie eine Version des ubi remedium ibi jus Grundsatzes in einem zivilrechtlichen Rechtssystem darstellen, die sich in einem europäischen Kontext einer wachsenden Verbreitung juristischer Modelle befindet.
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Menchavez, Dean Johnpaul. "Lessons on Marriage from the Speeches to the Roman Rota." philippiniana Sacra 48, no. 145 (2013): 435–46. http://dx.doi.org/10.55997/ps3003xlix145a2.
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The article is a compilation of selected texts on the institution of marriage gathered from all the Speeches of the previous and the current Roman Pontiff to the Tribunal of the Roman Rota. Among the faithful of the Catholic Church, the normative value of these discourses has already been thoroughly studied and well founded. “These speeches, regularly published in the Acta Apostolicae Sedis, are valuable tools for the interpretation of the law, to manifest the ratio legis at the present time, to fill in the absences in the law..., and to typify a juridical institution in an identically substantial manner, although formally distinct” (Llobell). The applicability of the principles contained in these in relation to the State, that is the Philippines, is apparent. Aside from the underlying moral principles, by which “the authority of the Church [manifest] the truths which the Christian conscience ought already to possess” (Speech to the Roman Rota, 1995) and the fact that majority of the Filipinos are Catholics, it is quite notable that there exists a great similitude between the Family Code of the Philippines and canon law. We have limited ourselves to five main lessons touching (1) on the nature of marriage, (2) its indissolubility, (3) its juridical protection via the Declaration of Nullity in the Church, (4) the necessary Christian anthropology in order to understand such reality, and (5) some inherent and consequent pastoral considerations in abiding by the Christian principles.
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Faulkner, Joanne. "Settler-Colonial Violence and the ‘Wounded Aboriginal Child’: Reading Alexis Wright with Irene Watson (and Giorgio Agamben)." International Journal for Crime, Justice and Social Democracy 9, no. 4 (November 26, 2020): 45–60. http://dx.doi.org/10.5204/ijcjsd.1689.
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Drawing on Alexis Wright’s novel The Swan Book and Irene Watson’s expansive critique of Australian law, this article locates within the settler–Australian imaginary the figure of the ‘wounded Aboriginal child’ as a site of contest between two rival sovereign logics: First Nations sovereignty (grounded in a spiritual connection to the land over tens of millennia) and settler sovereignty (imposed on Indigenous peoples by physical, legal and existential violence for 230 years). Through the conceptual landscape afforded by these writers, the article explores how the arenas of juvenile justice and child protection stage an occlusion of First Nations sovereignty, as a disappearing of the ‘Aboriginality’ of Aboriginal children under Australian settler law. Giorgio Agamben’s concept of potentiality is also drawn on to analyse this sovereign difference through the figures of Terra Nullius and ‘the child’.
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Szanciło, Tomasz. "Non-existent resolutions and negative resolutions of a homeowner association." Nieruchomości@ : kwartalnik Ministerstwa Sprawiedliwości II, no. II (June 30, 2021): 83–98. http://dx.doi.org/10.5604/01.3001.0014.9267.
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The issue of non-existent and negative resolutions of bodies of legal persons or entities referred to in Article 331 § 1 of the Civil Code causes a great deal of controversy in legal scholars’ writings and jurisprudence. Their essence will be discussed in this article. The basic problem is to determine whether a member of a homeowner association is entitled to bring an action to establish the non-existence of a resolution, and whether both positive resolutions and negative resolutions that produce legal effects may be subject to judicial review. The answer should be affirmative. It offers the possibility of exercising supervision over the functioning of a homeowner association. A contrary motion deprives members of a homeowner association of any legal protection and distorts the essence of such a community. One has to have regard for the fact that the purpose of an action to repeal a resolution adopted by owners of premises is to nullify the legal effects resulting therefrom and, thus, to eliminate the legal relationship that arose as a result of adopting the resolution. Therefore, a specific legal effect must occur to be able to speak of a negative resolution.
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Grigorieva, O. G. "Strengthening of the Notary's Financial Responsibility in the Aspect of Invalidation of Notarized Transactions." Journal of Law and Administration 18, no. 3 (October 18, 2022): 19–25. http://dx.doi.org/10.24833/2073-8420-2022-3-64-19-25.
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Introduction. The number of real estate transactions certified by notaries is growing every year. Сompared to 2020, the number of transactions with non-residential real estate certified by notaries increased by 24%, with residential premises - by 13% The Federal Notary Chamber notes. It happens due to the continued trend of legislative expansion of real estate transactions subject to mandatory notarization, as well as the desire of citizens and organizations to obtain maximum legal guarantees and protection of their property rights and interests. The powers of a notary in real estate transactions are very wide. So, the notary himself can request supporting documents, check wills, powers of attorney, pledge of property based on the data of registers, draw up an agreement correctly, send a package of documents to the Federal Service of State Registration, Cadastre and Cartography (Rosreestr) authorities for state registration of the transfer of ownership, hand over the registered agreement to the parties, etc. At the same time, annually facts of notaries participation in fraudulent schemes with real estate, recognition by courts of notarized transactions as invalid (due to nullity), bringing notaries to disciplinary and criminal liability are revealed. The article provides specific examples from judicial practice and statistical data confirming this thesis, substantiates proposals for further improvement of civil legislation in order to prevent fraudulent actions with real estate and violations of the legal rights of citizens and organizations committed with the participation of notaries.Materials and methods. This study is based on a combination of such methods of scientific knowledge as: the dialectical method, which made it possible to connect the theory of civil and inheritance law and judicial practice; the formal legal method made it possible to analyze legislative norms; the systematic method allowed us to consider the institution of liability of notaries as a system with internal unity and interconnections with other institutions of law.The results of the study. In the course of the study, the provisions of the Fundamentals of the legislation of the Russian Federation on the notary, regulating the goals and objectives of the notary in ensuring the protection of the rights and legitimate interests of citizens and legal entities, the Civil Code of the Russian Federation on the recognition of transactions as invalid, were analyzed. The judicial practice on invalidating certain real estate transactions certified by notaries (including from the author’s personal practice), the statistics of the Ministry of Justice of Russia on bringing notaries to criminal and disciplinary liability, the number of complaints against the actions (inaction) of notaries, on the recognition invalid transactions, insurance compensation for losses incurred through the fault of notaries in 2019-2021. The conclusion is substantiated that the victims of fraudulent actions with real estate involving notaries are, as a rule, pensioners, the disabled, whose rights and legitimate interests need special legal protection. Such facts, to a certain extent, undermine the trust of the participants in the property turnover in the institution of the notary. A number of gaps in civil legislation and legislation on notaries in the area under study have been identified, and proposals have been formulated to fill them. Discussion and conclusion. The strengthening of the role of a notary in the process of real estate transactions, the improvement of technologies for notarial actions (remote transactions, transactions using an electronic digital signature, the introduction of the "electronic notarized power of attorney" service, etc.) certainly correspond to the dynamics of modern property turnover. However, at the same time, fraudulent schemes with real estate are also being improved, in which, as evidenced by judicial practice and statistics, notaries themselves are involved. For maximum legal protection of the interests of participants in property turnover, it is proposed to include in the legislation the norms on compensation by notaries of the full market value of property lost through their fault, lost profits, as well as moral damage, damage to business reputation and court costs incurred due to illegal actions of notaries of the parties to the transaction. It is also proposed to legislate the presumption of moral harm to the citizens participating in the transaction, which, according to the court decision that has entered into force, is declared invalid due to nullity.
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Milkowski, Kacper. "Przegląd orzecznictwa Sądu Najwyższego." Radca Prawny, no. 3 (32) (December 29, 2022): 127–52. http://dx.doi.org/10.4467/23921943rp.22.054.17137.
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Overview of the decisions of the Polish Supreme Court The Resolution of the Polish Supreme Court of October 6, 2022 (case file no. III CZP 119/22) is of particular importance for legal practice. The Court indicated that the compensation due from the insurance company under the contract of third party liability insurance of motor vehicle owners for damages arising from the use of these vehicles covers only necessary and economically justified repair costs. In the Resolution of October 6, 2022 (case file no. III CZP 112/22), the Polish Supreme Court stated that the ruling issued in closed session is a ruling that does not exist if the signature has been placed only under the entire document including the operative part and the main reasons for the ruling (Art. 357 § 5 Civil Procedure Code). Moreover, in the Resolution of June 2, 2022 (case file no. I CSK 219/22), the Polish Supreme Court decided that the submission by parents on behalf of a minor child of a declaration of inheritance rejection is an activity that exceeds the scope of the ordinary management of the child’s property, and making it without the prior consent of the guardianship court entails the nullity of this type of declaration. In addition, the Polish Supreme Court, in the Resolution of May 31, 2022 (case file no. II CSKP 34/22), stated that bringing an action by a parent on behalf of a child for the protection of personal rights against the other parent of that child is an act of representation of the child.
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Berestova, Iryna, and Oksana Khotynska-Nor. "Issues of implementation of equality of arms principle in case of declaring the applied law unconstitutional." Constitutional and legal academic studies, no. 1 (October 11, 2021): 44–55. http://dx.doi.org/10.24144/2663-5399.2021.1.05.
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The Article considers the issue of ensuring the constitutional principle of equality of litigants before the law and the court during review of the judgement in view of the exceptional circumstances after consideration of the case by the Constitutional Court. Based on the study of legal nature of such consequences of nullity of the law as pro futuro, ex nunc, ex tunc, the risks of violation of the constitutional right of a person to judicial protection shall be established. The aim of the Article is to detect the objective demonstration of the constitutional principle of equality of litigants before the law and the court. The methods of the study: system, dialectical, integrative, interdisciplinary and scientific methods applied to detect the interrelation between the constitutional principle of equality of arms and its practical demonstration in litigation process. The main results of the study. Two components affecting the efficiency of protection of such right have been established: future effect of the judgement of the Constitutional Court of Ukraine and impossibility to consider the application in view of exceptional circumstances if before appeal to the Constitutional Court of Ukraine a person’s claim was dismissed in full under the applicable laws and was further declared unconstitutional by the Constitutional Court. The erroneous legal position of the supreme court in the system of the judiciary of Ukraine was proved in terms of the impossibility of initiating proceeding in exceptional circumstances after delivery of the judgement of the Constitutional Court of Ukraine due to the fact that the person’s claim had previously been dismissed and such a judgement does not provide for its enforcement. This conclusion deprives a person of the right to a final trial at the national level in accordance with the procedure of applying to the court (Articles 8, 24, 55, paragraph 1 Part 2 of Article 129 of the Constitution of Ukraine). It is proposed to develop a special law establishing the grounds and procedure for compensation by the state of moral and financial damages caused by the law recognized as the unconstitutional one.
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Lailam, Tanto. "Pro-Kontra Kewenangan Mahkamah Konstitusi dalam Menguji Undang-Undang yang Mengatur Eksistensinya." Jurnal Konstitusi 12, no. 4 (May 20, 2016): 795. http://dx.doi.org/10.31078/jk1247.
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The Pro’s – Con’s of the Constitutional Court in the review of law in a regulated of the authority, since, it was a conflicting of procedural principles between “ius curia novit” with “nemo judex idoneus in propria causa”. Morever, the background by implication of Constitutional Court decisions, sometimes Constitutional Court making a “rule breaking”, for examples: nullify of some of law if had reduction of the authority, addition of constitutional authority to review of law before the 1945 Constitution amendment, additional authority to review of Government Regulation in lieu of law, and used non-constitution as a standard in the formal review, and others. On the other hand, the Constitutional Court also sometimes to choose a legal logic doesn’t precise and anti-accountability principle. The Conflicts of the procedural principles can be resolved by understanding philosophy of purposes of law (justice value, legal certainly, utility principle), so that, the Court will have been prioritizing to “ius curia novit” principle and it ignored “nemo judex idoneus in propria causa”principle, it is intended that the enforcement of the constitution (values) and the state of the Indonesian rule of law, as well as for the Court to aims decided of constitutional issues and to aim the protection of constitutional rights.
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Asratyan, N. M., I. V. Kornilova, S. P. Dyrin, A. Z. Nigamaev, and A. M. Rafikov. "Basic Principles of Creating and Using the Waste-free Technologies in the System of Recycled Water Supply and Water Purification." IOP Conference Series: Earth and Environmental Science 937, no. 3 (December 1, 2021): 032015. http://dx.doi.org/10.1088/1755-1315/937/3/032015.
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Abstract The need to protect the environment makes it necessary to significantly change the general approaches to environmental efficiency of production, to minimize the impact on nature at the present level of productivity and quality. Today instead of the temporary measures aimed at overcoming the effects of pollution, the long-term measures are being taken more and more often at the design and construction stages to nullify the causes of pollution in advance rather than to have its effects in the future. The processes and devices that have been previously used to collect and dispose the industrial waste are now considered a passive approach to environmental protection. The matter is that the amount of waste generated during the production process remains almost unchanged, and this does not meet the new environmental requirements. The active approach involves creating the modern low-waste and non-waste technologies that can efficiently use raw materials in production processes, as well as converting the waste into easily recyclable components that are least harmful to the environment. The article considers the conceptual principles that show the essence of the active approach to improving the industrial technologies in order to protect the environment. It is mainly focused on studying the features of recycled water supply and water purification.
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Landini, Sara. "Private Enforcement and Market Regulation." Market and Competition Law Review 2, no. 2 (October 1, 2018): 47–70. http://dx.doi.org/10.7559/mclawreview.2018.324.
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The article examines the technique of private enforcement as a juridical instrument to protect the market in combination with the punitive sanction mechanisms of public law. After a first definition of private enforcement, we investigate the position taken by the European Commission on the use of private enforcement, verifying its function with respect to the objectives of market protection. The main instruments of private enforcement are therefore considered: civil liability, termination of the contract, nullity of the contract, injunction. We will focus on the main constraints to the application of the abovementioned instruments of private enforcement proposing solutions in the light of an overcoming of the boundaries between public law and private law. As highlighted in Directive 2014/104/EU, “the practical effect of the prohibitions laid down requires that anyone – be they an individual, including consumers and undertakings, or a public authority – can claim compensation before national courts for the harm caused to them by an infringement of those provisions.” For this reason it is important to consider all the different private enforcement tools and try to remove the obstacles to their effective functioning. Private law is activated on the action of individuals who exercise the rights recognised by the law. Individuals being closer to the emergence of the problem are able to represent the violation of the interests at stake according to the logic proper to the principle of subsidiarity. The Principle of subsidiarity states that a wider and greater body, such as a government, should not exercise functions that can be carried out efficiently by a smaller one, such as an individual or a private group, acting independently.
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Jensen, Øystein. "The Svalbard Treaty and Norwegian Sovereignty." Arctic Review on Law and Politics 11 (2020): 82. http://dx.doi.org/10.23865/arctic.v11.2348.
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A hundred years ago on 9 February 2020, the Svalbard Treaty was adopted in Paris, granting Norway her long-standing ambition: full and absolute sovereignty over the Svalbard archipelago. After a brief review of the negotiations that preceded the Paris decision, this article examines the main elements of the Treaty: Norwegian sovereignty, the principle of non-discrimination and the terra nullius rights of other states, peaceful utilization, scientific research and environmental protection. Focus then shifts to Norway’s policy towards Svalbard and the implementation of the Treaty’s provisions: what have been the main lines of Norwegian Svalbard politics; what administrative structures have evolved; to what extent has Norwegian legislation been made applicable to Svalbard? Importantly, the article also addresses how widespread changes in international law that have taken place since 1920, particularly developments concerning the law of the sea, have brought to the forefront controversial issues concerning the geographic scope of the Treaty’s application.
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Fu, Xiaohui, Yimiao Feng, Bingyi Shao, and Yanzhen Zhang. "Taxifolin Protects Dental Pulp Stem Cells under Hypoxia and Inflammation Conditions." Cell Transplantation 30 (January 1, 2021): 096368972110344. http://dx.doi.org/10.1177/09636897211034452.
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Background: Dental pulp stem cells (DPSCs) are a unique source for future clinical application in dentistry such as periodontology or endodontics. However, DPSCs are prone to apoptosis under abnormal conditions. Taxifolin is a natural flavonoid and possesses many pharmacological activities including anti-hypoxic and anti-inflammatory. We aimed to elucidate the mechanisms of taxifolin protects DPSC under hypoxia and inflammatory conditions. Methods: DPSCs from human dental pulp tissue was purchased from Lonza (cat. no. PT-5025. Basel, Switzerland)) and identified by DPSC’s biomarkers. DPSC differentiation in vitro following the manufacturers’ instructions. ARS staining and Oil red staining verify the efficiency of differentiation in vitro after 2 weeks. The changes of various genes and proteins were identified by Q-PCR and western-blot, respectively. Cell viability was determined by the CCK-8 method, while apoptosis was determined by Annexin V/PI staining. Results: DPSC differentiation in vitro shows that hypoxia and TNF-α synergistically inhibit the survival and osteogenesis of DPSCs. A final concentration of 10 μM Taxifolin can significantly reduce the apoptosis of DPSCs under inflammation and hypoxia conditions. Taxifolin substantially increases carbonic anhydrase IX (CA9) expression but not HIF1a, and inhibitions of CA9 expression nullify the protective role of taxifolin under hypoxia and inflammatory condition. Conclusion: Taxifolin significantly increased the expression of CA9 when it inhibits DPSC apoptosis and taxifolin synergistically to protect DPSCs against apoptosis with CA9 under hypoxia and inflammatory conditions. Taxifolin can be used as a potential drug for clinical treatment of DPSC-related diseases.
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Xu, Tongtong, Guowei Qin, Wei Jiang, Ying Zhao, Yongnan Xu, and Xiangwei Lv. "6-Gingerol Protects Heart by Suppressing Myocardial Ischemia/Reperfusion Induced Inflammation via the PI3K/Akt-Dependent Mechanism in Rats." Evidence-Based Complementary and Alternative Medicine 2018 (November 5, 2018): 1–9. http://dx.doi.org/10.1155/2018/6209679.
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Our previous study has demonstrated that 6-Gingerol (6-G) could alleviate myocardial ischemia/reperfusion injury (MIRI). However, the molecular mechanism underlying the process of myocardial ischemia/reperfusion (I/R) injury alleviation by 6-G remains unelucidated. The objective of the present study is to further investigate the potential mechanism for 6-G to alleviate MIRI in rats. Thirty-two Sprague-Dawley rats were randomly divided into four groups: the Sham group, the I/R group, the 6-G + I/R group, and the LY294002 (LY) + 6-G + I/R group. For the rats in each of the groups, data were collected for cardiogram, cardiac function, area of myocardial infarction, myocardial pathology, myocardial enzyme, marker of inflammatory response, and PI3K/Akt signaling pathway. We found that the pretreatment of 6-G with 6 mg/kg could shrink the ST section of cardiogram, improve the cardiac function, reduce the area of myocardial infarction and the degree of cardiac pathological injury, lower the level of myocardial enzyme, and inhibit the inflammatory response. In addition, our results also indicated that 6-G could upregulate the expression of PI3K and p-Akt and that LY294002, a blocking agent of PI3K/Akt signaling pathway, could nullify the protecting role of 6-G. Our experimental results showed that 6-G could inhibit I/R-induced inflammatory response through the activation of the PI3K/Akt signaling pathway.
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Feuereisel, J. "Game appreciation in legislative conditions of the Czech Republic." Journal of Forest Science 49, No. 12 (January 16, 2012): 575–79. http://dx.doi.org/10.17221/4726-jfs.
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An analysis was made of the present situation concerning game appreciation in the Czech Republic. A study was conducted into effective laws and regulations related to the valuation of nature. There is no legally binding directive for game appreciation in the Czech Republic at the present time. A questionnaire method (Contingent Valuation Method – CVM) was used to survey the activities of all 87 authorised experts in game management currently registered in the Czech Republic. It was found out that the game is appreciated as property, which contradicts to its legal status (res nullius). The most frequently used methods of game appreciation are a yield (demand) method and a comparative method. It is necessary to establish legal conditions under which the social value of all game species and other wildlife could be determined in order to ensure their survival and to strengthen the tools of their protection. The legislation in force authorises the Ministries of Agriculture and of the Environment of the Czech Republic to issue a relevant decree.