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1
Rozhkova, O. A. y S. V. Voronina. "SALE OF LAND AS A FUTURE THING". Russian-Asian Legal Journal, n.º 3 (28 de septiembre de 2020): 20–25. http://dx.doi.org/10.14258/ralj(2020)3.5.
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The contract of sale of the future thing in which the land is the product deserves special attention. Atthe moment, it has developed a uniform judicial practice regarding the individualization of an unformedland plot as the subject of a contract of sale of a future immovable. In cases where, in accordance with thelaw, a land plot acquires the qualities of a divisible thing, the object of civil turnover can be not only thecorresponding land plot as a whole, but also its part, which in this case acquires the status of an independentland plot for the formation of a land plot. It seems that only after establishing (changing) the location of theboundaries of the land, i. e. formation of a land plot, it may be an object of land and civil law relations, maybe an object of ownership and other rights to land. The current legislation does not contain a ban on thepurchase and sale of a land plot, the right of ownership for which at the time of conclusion of the contractof sale was not registered in the established manner, however, the individualization of a land plot by landsurveying and cadastral registration is a prerequisite for the land the plot became the subject of a contractof sale of a future immovable.
2
Colebrook, Claire. "What Is This Thing Called Education?" Qualitative Inquiry 23, n.º 9 (1 de septiembre de 2017): 649–55. http://dx.doi.org/10.1177/1077800417725357.
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Education exposes a conundrum that extends well beyond government policy and beyond those working in education as a designated discipline. If education is nothing more than a human science or the achievement of satisfactory outcomes by way of testing, then education has no future. Education is the manufacture of docile subjects and (as Bernard Stiegler has argued) it will do little more than short-circuit attention. Stiegler does, however, point out that education’s power to orient bodies beyond themselves toward a complex future relies necessarily on the same technologies that contract and disorient individuals, becoming nothing more than captivation by already actualized forms. Education is at once necessary to bring forth a future distinct from what we already are, and yet that orientation toward a world of relations that is not oneself comes with the essential risk of stupidity
3
Neretina, Svetlana. "Does the Past have a Future and the Future have a Past?" Ideas and Ideals 15, n.º 3-1 (28 de septiembre de 2023): 11–31. http://dx.doi.org/10.17212/2075-0862-2023-15.3.1-11-31.
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The article manifests three projects of society development: Marx’s – materialistic, Gefter’s – anthropological and Latour’s – geological. The choice of manifestos is explained by the coincidence of their characteristics of the Modern era, where history is presented as the era of Copernican humanity, implementing its plans through revolution. The first project is considered not from the usual dialectical-materialist position, but from the point of view of the performativity of the sign, which has the ability to instantly switch what is said into action (into exchange, war, trade, relations with each other). Relying on the performativity of the sign is a scientific experiment with the aim of understanding the power of the thing in its entirety. Gefter’s main concepts in relation to Russia are the “country of countries” entering the “World of Worlds” (a form of dwelling of mankind) as one of the poles. Gefter presents history as a world of multidirectional, i.e. alternative developments. Latour presented the whole world through actor-network theory, including the activities of humans and invisible hybrid beings (viruses) affecting human life. The network is revealed through mapping and reveals the ways in which spatio-temporal coordinates expand, contract or break, revealing shifting trajectories of development.
4
Subairi, Subairi. "ANALISIS PENERAPAN HYBRID CONTRACT PADA PRODUK UNIT LINK DI ASURANSI JIWA PT PRUDENTIAL PAMEKASAN". Ulumuna: Jurnal Studi Keislaman 6, n.º 1 (15 de junio de 2020): 110–26. http://dx.doi.org/10.36420/ju.v6i1.3958.
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The study of insurance in Islamic law is a new thing, and has never been found in classical fiqh literature. The discussion of insurance in the area of Islamic sciences only appeared at the stage of the birth of contemporary scholars. Included in relation to the application of hybrid contracts in insurance. Along with the development of life insurance products, insurance companies not only provide traditional insurance services that are purely protection, but also provide various supporting services for financial planning in the future, according to their needs and financial capabilities, whether they are personal, family or group. one service offered is a combination of insurance and investment, known as Unit Link. The application of a hybrid contract on the unit link in Prudential Pamekasan life insurance is a contract between a participant and a sharia insurance company using a tijarah contract called wakalah bil ujrah, and an easyarabah / musyarakah contract on its investment. and covenants among participants using the tabarru contract 'in the form of a grant, and Qard. The advantages and disadvantages of implementing Unit Link hybrid contracts at PT Prudential Pamekasan syariah and conventional can be seen from the reasons customers choose insurance and the most influential is the rate of premium returns and the investment returns, in this case PRUsyariah is relatively smaller than conventional. 3). The implementation of the Prudential PRUlink Pamekasan hybrid contrac Unit Link in the perspective of Islamic economics can produce multiple legal interpretations between those who allow and those who do not.
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Busch, Danny. "The Future of the Special Duty of Care in the Financial Sector – Perspectives from the Netherlands". European Business Law Review 32, Issue 3 (1 de junio de 2021): 473–500. http://dx.doi.org/10.54648/eulr2021017.
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A clear trend is evolving as more and more banks and other financial institutions are being successfully sued before the civil courts of the Netherlands for breaches of their special duty of care (‘bijzondere zorgplicht’). Whereas it was initially mainly banks that had reason to worry about claims for damages based on a breach of the special duty of care, other financial institutions too are now having to take the possibility of such claims very seriously. Another factor is that the special duty of care owed by financial institutions now seems to apply not only in their dealings with retail clients but also in relation to non-retail clients that need protection. The author discusses the main developments relating to the special duty of care, leading to a consideration of how things may evolve in the future. Banks, financial institutions, MiFID (Directive 2004/39/EC), MiFID II (Directive 2014/65/EU), conduct-of-business rules, duty of care, product governance, product intervention, mistake, error, contract law, tort law, Dutch Civil Code, Unfair Contract Terms Directive (Directive 93/13/EEC), nudging, FinTech, sustainable finance, mass damage
6
Santoso, Lukman y Tri Wahyu Surya Lestari. "Konparasi Syarat Keabsahan “Sebab Yang Halal” Dalam Perjanjian Konvensional Dan Perjanjian Syariah". Al-Istinbath : Jurnal Hukum Islam 2, n.º 1 (31 de julio de 2017): 1. http://dx.doi.org/10.29240/jhi.v2i1.152.
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As social beings, social relations are fundamental and inseparable. Social interaction that has many differences requires the existence of a specific guidance or law adopted by the community. The law is for the sake of realizing a sense of security and assured in establishing community relations, as well as to realize a good social relationship, harmonious and without having to harm others. A specific form of guidance in society is the agreement. Indonesia has three sub-systems of law that are broadly divided into namely western law, customary law, and Islamic law. The procurement of agreements in order to increase security and certainty is already inevitable in the modern era, which is rapidly growing as it is today. Therefore, before entering into an agreement, it is necessary to comply with all conditions of the validity of the agreement in order for the agreement to become valid as a law so that the purpose of the agreement can be reached. One of the terms of the validity of the treaty that is "lawful cause" is an important thing to be studied deeply by the parties who make the contract because of the difference of the legal system in its environment (Indonesia) is mainly the conventional agreement system which is used as the standard of legislation in Indonesia and the system Islamic agreement or sharia that is used as the guidance of the majority of Indonesian people who are Muslims, so that there are no things that do not want inflicted in the future
7
Choi, Byeong Gyu. "A Study on Insurance Law Cases of the Year 2021 and their Analysis". Korean Insurance Law Association 16, n.º 2 (30 de junio de 2022): 109–40. http://dx.doi.org/10.36248/kdps.2022.16.2.109.
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Significant judgments were also made in relation to insurance in 2021. The Supreme Court suggested that if a medical opinion is submitted as evidence, it cannot be denied arbitrarily, and if the court wants to infer a causal relationship differently from such a medical opinion, it should make a careful judgment based on other medical and professional data. However, this position is difficult to accept. This is mainly because the attending physician makes the decision, because it is difficult to guarantee the objectivity of the attending physician’s opinion. Another thing that draws attention is whether the civil prescription of 10 years is applied as the prescription for the right to claim the refund of unfair profits when the insurance contract is invalid or whether the prescription of 5 years is applied by analogy with Article 64 of the Commercial Act. Insurance money is paid by the insurer through commercial activities. Therefore, it is correct to think that the five-year prescription applies to expeditious processing of commercial transactions to claim the return of the insurance contract because it is invalid. Claiming the refund of the insurance money paid when the insurance contract is invalid is seeking the return of the benefits themselves made on the basis of the contract, which is a commercial activity. This is because it should be regarded as a case in which there is a need to solve the problem as quickly as possible. The Supreme Court ruled that a 10-year civil prescription applies to the right to claim the return of unfair profits due to illegal dividends. It is difficult to see that there is a great need to quickly confirm the exercise of the right to request the return of unreasonable profits for the purpose of recovering the amount paid due to illegal dividends. Accordingly, it is reasonable as the attitude of the Supreme Court to consider that the right to claim the return of unfair profits due to illegal dividends is subject to Article 162 (1) of the Civil Act and is subject to the civil statute of limitations of 10 years. Another important issue is whether the insurer is allowed to preemptively file a non-obligation lawsuit in the event of a dispute with the insurer as to whether the policyholder has violated the obligation to notify. It can be affirmed that if the strong insurer indiscriminately files a debt non-existence suit, the weak consumer is inferior in intellectual or economic ability, so there is a problem. However, the people’s right to a trial is recognized as a basic right under the Constitution (Article 27 Paragraph 1 of the Korean Constitution). Therefore, it is not permissible to fundamentally prevent the insurer from taking a preemptive action for non-obligation. However, it should be considered permissible to stipulate that financial business operators, such as insurers, are not permitted to file lawsuits again by limiting certain amounts in the relevant special laws, such as the Financial Consumer Protection Act, by recognizing one-sided binding force on the results of dispute mediation. I think it is reasonable to set the standard of 10 million won as the standard. The role of precedents in the field of insurance law is very large. It is necessary to continuously monitor Supreme Court precedents in the future.
8
Yushchenko, M. S. y O. S. Kochina. "Problematic questions of donation agreement for the future". Uzhhorod National University Herald. Series: Law, n.º 63 (9 de agosto de 2021): 178–82. http://dx.doi.org/10.24144/2307-3322.2021.63.31.
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The scientific article is devoted to the analysis of problematic issues related to the donation agreement for the future. Despite the fact that the topic of the gift agreement is quite common and sufficiently disclosed in scientific articles, textbooks, manuals and monographs, problematic aspects of the gift agreement with the obligation to transfer the gift in the future is still not given due attention. Due to the lack of interest in this type of contract, there is a small amount of research that is not able to fully disclose its content.
It is established that the basis for the existence of the donation agreement for the future was the enshrinement in the Civil Code of Ukraine of the possibility of consensus of the donation agreement itself. The paper indicates possible options for the transfer of the thing in the future, as well as the essential conditions, the violation of which entails the invalidity of this type of contract.
In addition, much attention is paid to the features of the gift agreement with the obligation to transfer the gift in the future, which are not enshrined in law, but they can be easily identified by analyzing scientific papers and articles of the Civil Code of Ukraine on donations.
This article considers such a feature of the contract of gift for the future as its gratuitousness, which is characterized by its imperative. Occasionally, the connection of gratuitousness with the reasons and motives of the gift is determined, because the donor, concluding this type of contract may express some gratitude to the person, seek to provide him with financial assistance, or encourage the person to take beneficial actions. That is why much attention is paid to the study of practical cases related to reciprocal satisfaction, which goes beyond the contract of gift for the future. In addition, the motives for such actions and the real threats that may be faced by the gifted.
The next, related to the problematic aspects of the contract of donation for the future, is the considered feature of the property of the alienated property. It also analyzes the possibility of donating a thing that the donor does not yet own. The scientific work argues the refusal to perform the contract on condition of loss of the thing, its withdrawal from circulation, as well as the refusal of the gifted person to accept the gift.
At the same time, the rights of the donor and the gifted are considered, in case of death of one of them after the relevant term, term, adjournment, but until the actual transfer or acceptance of the gift, outlines the difference between the gift agreement and the will.
The results of the article emphasize the need for further elaboration and more thorough study of the problematic issues of the donation agreement for the future, as well as the improvement of civil legislation in this area.
9
Vanin, Vitaly V. "The Contract of Participation in Shared Construction as the Sale of a Future Thing: Problems of Protecting the Right to Proper Quality of the Construction Object". Rossijskoe pravosudie, n.º 9 (23 de agosto de 2022): 49–55. http://dx.doi.org/10.37399/issn2072-909x.2022.9.49-55.
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Problem statement. The absence in the current legislation of a direct solution to the question of the place of the contract on participation in shared construction in the system of civil law contracts creates prerequisites for different approaches to the legal qualification of this contract in the doctrine and judicial arbitration practice, the predominant of which is the qualification of it as a contract of sale of a future thing. Goals and Objectives of the study. Identification of individual problems of protecting the right to proper quality of a shared-equity construction object that arise when qualifying a contract of participation in shared-equity construction as the sale of a future thing, the formation of proposals to overcome them. Investigation of the procedural features of the protection of the right to proper quality of the common property of an apartment building as an element of the subject of the contract. Research methods. Dialectical, analysis, synthesis, comparative-legal, formal-legal, linguistic. Results. Brief conclusions. It is concluded that there are grounds for qualifying a shared construction contract as a named sui generis contract, which opens up the possibility of legal assurance of the quality of the work result before their completion, thereby creating additional guarantees for the protection of the rights of a participant in shared construction. The necessity of applying the construction of an indirect class action in the protection of the right to the proper quality of the common property of an apartment building is justified.
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Arifin, Zaenal. "REFORMULASI AKAD MUDHARABAH DALAM SISTEM PERBANKAN SYARI’AH SESUAI DENGAN UU NO. 21 TAHUN 2008 TENTANG PERBANKAN SYARI’AH (STUDI DI BANK TABUNGAN NEGARA SYARI’AH KANTOR CABANG SEMARANG)". Jurnal Ius Constituendum 3, n.º 1 (21 de abril de 2018): 83. http://dx.doi.org/10.26623/jic.v3i1.865.
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<p align="center"><strong>ABSTRAK</strong></p><p align="center"><strong> </strong></p><p> Bank merupakan lembaga perantara keuangan masyarakat <em>(financial intermediary)</em>, bank menjadi media perantara pihak – pihak yang memiliki kelebihan dana <em>(surplus of fouds)</em>. Perbankan syari’ah di kenal dengan akad Mudharabaha sebagai akad yang dilakukan antara pemilik modal dengan pengelola dimana keuntungan disepakati di awal untuk dibagi bersama dan kerugian ditanggung oleh pemilik modal diterapkan bank syari’ah ke dalam produk penyaluran dana berupa pembiayaan mudharabah. Problematika timbul dengan adanya agunan atau jaminan dalam pembiayaan akad mudharabah, hal ini karena ada nya perbedaan pendapat antar ulama.</p><p> Berdasarkan pada latar belakang diatas, penulis merumuskan tujuan penulisan, yaitu untuk mengetahui penerapan akad mudharabah di Bank Tabungan Negara Syari’ah Kantor Cabang Semarang dan untuk mengetahui reformulasi akad mudharabah yang ideal untuk diterapkan oleh perhbankan syari’ah yng sesuai dengan UU No. 21 Tahun 2008 tentang perbankan syari’ah. Metode pendekatan yang digunakan dalam penelitian ini adalah pendekatan yuridis sosiologis. Spesifikasi penelitian ini bersifat analisis, yang diharapkan mampu memberikan gambaran secara rinci, sistematis dan menyeluruh mengenai segala hal yang berhubungan dengan objek yang akan diteliti. Data yang digunakan dalam penelitian ini adalah data primner dan data sekunder, yaitu data yang diperoleh melalui wawancara dan bahan – bahan pustaka yang dikumpulkan melalui data kepustakaan, yang kemudian dianalisis secara kualitatif.</p><p> Kesimpulan dari penelitian ini adalah bahwa penerapan akad mudharabah di Bank Tabungan Negara Syari’ah Kantor Cabang Semarang yaitu berupa tabungan mudharabah dan pembiayan mudharabah, dalam pelaksanaan simpanan atau tabungan berjalan dengan baik, sedangkan skema pembiayaan mudharabah masih diperuntukan bagi perusahaan yang berbadan hukum seperti PT, CV, Koperasi, BMT dan perusahaan swasta yang bonafid. Selain itu dalam memberikan pembiayaan mudharabah mengharuskan adanya agunan atau jaminan sebagai upaya untuk mengantisipasi hal – hal yang tidak diinginkan dikemudian hari.</p><p align="center"><strong><em>ABSTRACT</em></strong></p><p><em>The Bank is a financial intermediary institution, it is the mediator of the parties with surplus of funds. Syari'ah banking is known as Mudharabaha contract as a contract between the owner of capital and the manager where the profit is agreed at the beginning to be shared and the loss is borne by the owner of the capital applied to the syari'ah bank in the distribution of funds in the form of mudharabah financing. The problems arise with the existence of collateral or guarantee in financing mudharabah agreement, this is because there are differences of opinion among scholars.</em></p><p><em>Based on the above background, the authors formulated the purpose of this paper, namely to determine the application of mudharabah contracts in the Bank Tabungan Negara Syari'ah Branch Office of Semarang and to determine the ideal mudharabah contract formula to be applied by the syari'ah banking in accordance with Law no. 21 Year 2008 on syari'ah banking. The approach method used in this research was the sociological juridical approach. The specification of this study is analytical, which was expected to provide a detailed, systematic and comprehensive description of all matters relating to the object to be studied. The data used in this study were primary and secondary data, namely data obtained through interviews and library materials collected through library data, which then analyzed qualitatively.</em></p><p><em>The conclusion of this research is that the application of mudharabah contract in Bank Tabungan Negara Syari'ah Semarang Branch Office is in the form of mudharabah saving and mudharabah financing, in the implementation of saving goes well, while the mudharabah financing scheme is still intended for companies with legal status such as PT, CV, Cooperative, BMT and bona fide private company. In addition, in providing mudharabah financing requires the existence of collateral or security in an effort to anticipate things that are not desirable in the future.</em></p>
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Chepelenko, A. K. y M. O. Reznikova. "Contract for the purchase and sale: legal aspects". Analytical and Comparative Jurisprudence, n.º 2 (23 de junio de 2023): 129–33. http://dx.doi.org/10.24144/2788-6018.2023.02.21.
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The article is devoted to the particularities of the contract for the purchase and sale. The authors draw attention to a number of aspects of legal regulation that are insufficiently researched and definitely debatable, which are primarily related to the definition of the range of essential conditions of the contract for the purchase and sale. The authors also made an attempt to establish separate problems of legal regulation of the contract for the purchase and sale. The article analyzes the signs of the contract for the purchase and sale, reveals the content of this type of contracts, pays attention to the legal nature of the contract for the purchase and sale, examines the complex and multifaceted issues related to the subject of the contract for the purchase and sale in modern conditions of the development of civil law. The subject of the contract for the purchase and sale is recognized by law as an essential condition for all types of contracts. The subject matter can be any property that the seller has at the time of the conclusion of the contract, property rights and “future things” (ie, property that will be created by the seller in the future). Attention is drawn to the fact that the contract for the purchase and sale is consensual, bilateral (mutual), retaliatory by its legal characteristics. The authors draw attention to the types of the contract for the purchase and sale. Certain types of the contract for the purchase and sale include retail sales contract, goods supply contract, goods supply contract for state needs, contract for contracting agricultural products, energy supply contract, real estate sale contract, mine contract. The article also defines the peculiarity of the contract for the purchase and sale, which is that the specified contract is the main regulator of relations between producers and consumers, legal relations in the field of distribution and redistribution of material goods, ensuring the free and optimal development of all forms of ownership, entrepreneurship and trade. The norms of the Civil Code of Ukraine, which regulate the investigated issues, were analyzed.
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Kuznetsova, Anna y Inese Tenberga. "Purchase and sale and prohibition of uncertainty (gharar) in the Islamic tradition". Pravovedenie 66, n.º 2 (2022): 162–92. http://dx.doi.org/10.21638/spbu25.2022.203.
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The article deals with the requirements of Islamic law to the classical contract of sale. The authors conclude that the prescriptions regarding the conclusion of a contract of sale, the object of sale and price formation are largely explained by the attraction of Islam to fairness in trade. Analyzing the object of sale, the authors refer to the concept of property al-mal and its forms — al-‘ayn property and al-dayn property. They insist that al-dayn is not an analogue of “obligation”, “debt” or “right of claim” in the civilian or common law’s traditions, but a unique concept of Islamic law, literally meaning “property-in-the-future”. Considering limitations to sale of aldayn property, this article presents the approaches of madhhabs regarding the admissibility of and conditions for the sale and purchase of bay’ al-dayn. The basic tool of Islamic law on its way to a sustainable trade turnover is the prohibition of transactions involving excessive uncertainty gharar. The authors reveal the meaning of this concept, which has been widely discussed among Muslim scholars, and distinguish the notion of gharar from the notions of risk and gambling maysīr. Application of gharar prohibition to the contract of sale has its own characteristics and gharar becomes key point in deciding whether it is admissible to sell a non-existent thing — bai‘ al-ma‘dum and sell a thing that is not available for physical inspection at the time of the transaction — bai‘ al-ghayb. In this context, the authors pay attention to the distance sale of goods by preliminary inspection, by sample and by description. Islamic law offers an effective mechanism for removing the uncertainty gharar from the contract of sale, giving the buyer the right of khiyar al-ru’yah, which is the right to unilaterally withdraw from the contract at the moment of physical inspection of the goods.
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Budhiawan, A., T. Kamello, N. N. Sirait y H. Purba. "Cancellation Standard of Agreements Based on the Doctrine of Undue Influence in Court Verdicts". Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 3, n.º 4 (9 de noviembre de 2020): 3445–53. http://dx.doi.org/10.33258/birci.v3i4.1381.
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The doctrine of undue influnce has now become one of the new grounds of will defect to cancel the agreement or contract in the court’s practices. Undue influence as a condition of will defect is not set out in the Civil Code. This study discusses the cancellation standard of the agreement due to a defect of will be based on the doctrine of undue influence in the court judgments. The research method is a normative juridical through several approaches: doctrinal approach and theoretical approach that are associated with secondary data in the form of statutory provisions, and court verdicts relating to the legal problems. The results of the study found that the court verdicts to cancel the agreement based on the doctrine of undue influnce is occurs due to two main factors: the economic excellence factor and the psychiatric excellence factor. Several elements used to see the event are (1) the existence of a special circumstance, (2) a real thing, (3) abuse of circumstance, and (4) causal relationship. It can be concluded that undue influence doctrine is contrary to the principle of justice, the principle of freedom of contract, the principle of consensus, the principle of good faith, as well as the principles of decency and habit. It’s recommended to form a legal norm in the Civil Code. The doctrine of undue influence should also be specified to limited circumstances of pre-contract, after execution of the contract, or because of a real loss for either the involved parties.
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Bernardi, Nico. "Silence Can Be Golden: The Benefits That Confidentiality Clauses Can Bring Survivors Seeking Settlement". Canadian Journal of Women and the Law 33, n.º 1 (1 de agosto de 2021): 1–31. http://dx.doi.org/10.3138/cjwl.33.1.01.
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Pervasive sexual harassment is a wicked problem rooted in the systemic exploitation of power. October 2017 marks the beginning of increased visibility to this wicked problem. In response, some US states have adopted blanket prohibitions on confidentiality clauses in matters relating to sexual harassment and abuse. In this article, I urge British Columbia’s legislators to be wary of following suit for many reasons. These reasons include the freedom to contract, access to justice, and concerns that any advantages associated with blanket prohibitions selectively benefit white, heterosexual, middle-class women over queer, trans, Indigenous, disabled, and youth communities. I argue that existing legal tools already prevent the misuse or abuse of confidentiality clauses as well as offer recourse if parties have entered into an agreement with unjust provisions. Fundamentally, confidentiality clauses do not achieve the very thing to which they purport: they do not eliminate sexual harassment.
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Brazier, Lauren. "The Unaccepted Repudiation: A Thing Still Writ in Water". Victoria University of Wellington Law Review 44, n.º 1 (1 de mayo de 2013): 63. http://dx.doi.org/10.26686/vuwlr.v44i1.5009.
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This article analyses the recent decision of the Supreme Court in Ingram v Patcroft Properties Ltd concerning the legal effect of an unaccepted repudiation. The issue before the Court was whether, and when, a lease had been successfully cancelled by either party. This involved difficult questions of whether there is a "third choice" in the face of a repudiation, the extent to which a party must be ready and willing to perform if it wishes to cancel a contract, and whether the rules of the common law regarding these issues survived the enactment of the Contractual Remedies Act 1979. The article suggests that the Supreme Court did not adequately address these issues. A failure to pinpoint the precise issue in the case gave rise to a confusing judgment that did not fully address the relevant legal principles and their application under the Act. The article discusses those principles, the theoretical issues concerning their application under the Act, and addresses aspects of the judgment in Ingram v Patcroft Properties Ltd that will make the resolution of future cases more difficult.
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Farabi, Mohammad Al. "IBN KHALDUN'S CONSIDERATIONS RELATING TO ISLAMIC EDUCATION AND THEIR PERSPECTIVE ON THE FUTURE". Ta dib Jurnal Pendidikan Islam 11, n.º 2 (22 de marzo de 2023): 205–14. http://dx.doi.org/10.29313/tjpi.v11i2.10531.
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Ibn Khaldun is a thinker in Islamic education who is concerned with the circumstances of students' growth and development from the psychological, pedagogical, social, and spiritual perspectives. The purpose of this article is to look at Ibn Khaldun's social background, his main points of view on education, an analysis of those views, and projections of those views into the future. This study describes Ibn Khaldun's ideas on Islamic education in a descriptive manner using the library research method. Ibn Khaldun's ideas, which view learning potential as a natural thing that can be developed by choosing the right method of learning, are included in the findings found in this article. In this situation, educators can use the malakah and at-tadrij methods in accordance with the level of the students' cognitive development and their level of openness to learning. The ideas put forth by Ibn Khaldun can be developed as potential directions for Islamic education in the future, and his thoughts are pertinent to the current understanding of modern education. Ibn Khaldun's educational idea is regarded as a strong foundation for organizing Islamic education because it offers a strong foundation on the psychological, pedagogical, social, and spiritual aspects of Islam.
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Juhász, Ágnes. "Interpretation and contractual intention : Some issues concerning the partial invalidity of the contract". Multidiszciplináris tudományok 12, n.º 3 (2022): 24–35. http://dx.doi.org/10.35925/j.multi.2022.3.3.
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The interpretation of both the judicial act and the contract is an essential and much-researched topic of contract law since interpretative questions relating to the contract are raised in almost all cases. The intention is a basic ‘building block’ of contractual agreements, therefore, in case of a legal dispute, revealing the parties’ real intention is indispensable. Nevertheless, there are also cases where the application of certain legal consequences raises the need for interpretation. For instance, when a ground for invalidity concerns only a certain part of the contract, the legislator provides partial invalidity or the invalidity of the contract in its entirety. Regardless of what type of invalidity is declared as a general rule, contractual parties, or in case of debate, the court shall decide about the legal status of the parties’ contract. In the lack of the parties’ expressed declaration, the decision shall be made on the real, interpreted, or ultimately, on the hypothetic contractual intention of the parties. In the study, both the issues of the interpretation of the contract and the problem of partial invalidity are examined comprehensively by the review and analysis of both the Hungarian and foreign literature. It is also reviewed, how the interpretation theories and methods can help the exploration of the contractual parties’ real intention, if parties did not provide the future legal status of their contract for the case of partial invalidity.
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Juhász, Ágnes. "The Applicability of Artificial Intelligence in Contractual Relationships". Acta Universitatis Sapientiae Legal Studies 9, n.º 1 (2 de diciembre de 2020): 63–82. http://dx.doi.org/10.47745/ausleg.2020.9.1.04.
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The appearance and the impacts of AI and digitalisation in the different types of legal work and in different legal areas and in relation to certain legal institutions, are examined and analysed nowadays by many researches, in many ways. In this study, we examine the impact digitalisation and AI have on the law of obligations, particularly on the law of contract and which challenges shall the national legislators face in the near future. In the first part of the study, we deal with the formation of contracts by electronic means. After the short review of the related Hungarian regulation in force, recent results of the EU legislation will be introduced, which was generated by both the expansion of digital content and digital services. In the second part of the study, attention will be paid to a relatively new phenomenon, the so-called smart contract. In the course of our examination, we attempt to designate the framework of the notion of smart contract and to draft all those questions relating to smart contracts, which shall be answered over time by the legislation and by the contract law regulation.
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Botha, Larysa y Renier Steyn. "Conceptualisation of Psychological Contract: Definitions, Typologies and Measurement". Journal of Social Science Studies 8, n.º 2 (22 de julio de 2021): 1. http://dx.doi.org/10.5296/jsss.v8i2.18703.
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Background: Psychological contracts, and particularly the honouring of these contracts – are central to employee behaviour and organisational success. The interest of academics and practitioners in this construct is therefore understandable. However, due to the immense amount of information on the topic, a comprehensive review of the literature is necessary. Aim: The aim of this article is to present a critical review on the conceptualisation of the psychological contract, distilling and operationalising the concept, to ensure that debate and future research are linked to a dominant body of knowledge. Setting: Present literature on psychological contracts is fragmented as no conceptual standardisation exists. Method: A comprehensive literature review was conducted to obtain a large quantum of conceptualisations of the construct and evaluate these for breadth of adoption, consensus, and operationalisation. Results: After reviewing reputable sources published between 1960 and 2020, a standard definition proposed, the most recognised typologies specified, and sound measures identified. It was found that Rousseau’s (1995) definition and typologies (transactional and relational contracts) are still widely used, and that the measuring scale for transactional and relational contracts by Millward and Hopkins (1998) demonstrates good psychometric properties and broadly utilised. Conclusion: Since its inception, several amended definitions, typologies, and measurement of the psychological contract have been presented. Nonetheless, the original conceptualisations still seem to prevail. Managerial implications: Researchers and practitioners are now aware of the most widely adopted definitions, typologies and measuring instruments relating to psychological contract and these should guide them in future discussions and research in the field.
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Wibawa, M. Nuzul. "IMPLIKASI ASAS KEBEBASAN BERKONTRAK DALAM PRAKTEK PENGGUNAAN FORMAT-FORMAT KONTRAK". ADIL: Jurnal Hukum 2, n.º 3 (17 de mayo de 2019): 355–68. http://dx.doi.org/10.33476/ajl.v2i3.848.
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One thing that is common in most of case files submitted to the court is theambiguously multi-interpretational contracts or the imbalanced positions of the partiesinvolved, which consequently results in dispute instead of sustainable harmony betweenthem. This research applies normative method which involves literature study andrelated provisions of law. From the above explanation, it can be concluded that anyaspects related to legal contracts could potentially lead to dispute when none of theinvolved parties has the willingness to anticipate it. In practice, moreover, physicalform of legal contract might spark particular conflicts. Government, in this regardthrough relevant agencies, should play an active role in formulating clear, definitivestandard—including the one which regulates technical aspects—of legal contracts tominimize potential conflicts or disputes in the future.
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Coleman, Emmanuel, Isaac Kwesi Nooni, Samuel Korenteng Fianko, Linka Dadzie, Ebenezer Nickson Neequaye, Jasmine Owusu-Agyemang y Edna Obuo Ansa-Asare. "Assessing contract management as a strategic tool for achieving quality of work in Ghanaian construction industry". Journal of Financial Management of Property and Construction 25, n.º 1 (2 de enero de 2020): 41–60. http://dx.doi.org/10.1108/jfmpc-08-2018-0046.
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Purpose This study aims to investigate the attainment of quality in Government of Ghana’s (GoG) infrastructural projects through effective contract management and especially, relating to qualification, competence and experience of supply chain stakeholders. Design/methodology/approach A survey questionnaire and field observations were used to collect primary data from staff of the education ministry and construction professionals. Documentary analyses of contract documents were also undertaken. Findings The results show that executing agencies’ failure to apply appropriate contract management processes was linked to the gap between stakeholders’ knowledge and actual practice. This was confirmed by Spearman’s rho tests of correlation between overall mean ranks given by professionals and non-professionals, which indicated strong agreement between those groups. Factors such as contractors’ engagement of unqualified supervisory staff, lack of proper projects monitoring and evaluation by executing agencies mainly contribute to the poor quality of work. Research limitations/implications Investigations were limited to the Funds and Procurement Management Unit of the Ministry of Education, Metropolitan, Municipal and District Assemblies and local contractors. Nonetheless, the methodology used could be used in future studies to analyse the socio-economic implications on the quality of education infrastructure. Practical implications Construction is booming in Ghana but the capacity to improve the work quality through effective contract management is limited. However, with the effort of stakeholder and statutory bodies’ support in capacity building initiatives, GoG projects could offer some novel solutions to improve quality of work. Social implications Construction industry professionals and students’ knowledge and perception on construction industry and contract management is significantly improved. Originality/value This study provides information on respondents’ knowledge on contract management process, which, if not properly understood, can lead to poor quality of work and loss of money.
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Shakhanov, V. V. y E. V. Shorgina. "Renting a future thing: problems of the legal construction of the contract and the possibility of using the contract system in the field of ensuring state and municipal needs". Право и государство: теория и практика, n.º 3 (2022): 49–52. http://dx.doi.org/10.47643/1815-1337_2022_3_49.
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Lain, David, Kari Hadjivassiliou, Antonio Corral Alza, Iñigo Isusi, Jacqueline O’Reilly, Victoria Richards y Sue Will. "Evaluating internships in terms of governance structures". European Journal of Training and Development 38, n.º 6 (1 de julio de 2014): 588–603. http://dx.doi.org/10.1108/ejtd-04-2013-0044.
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Purpose – This paper aims to evaluate internships in terms of governance structures. Internships are being promoted as a European Union policy lever to address high youth unemployment. However, concerns exist that internships often have few developmental opportunities and poor employment outcomes, something this conceptual paper examines. Design/methodology/approach – The authors develop a conceptual framework for distinguishing between different types of internships based on “dimensions of governance” (contract, agreed duration and partnership). A distinction is made between “open market”, “educational” and “active labour market policy” internships, drawing on examples and evidence from Spain and Portugal. Findings – The authors argue that “governed” internships, linked to educational programmes or genuine active labour market policies, are much more likely to have beneficial outcomes than “open market internships”. This is because they provide the positive governance conditions relating to contract, duration and partnership arrangements under which employers, interns and third parties understand how they can benefit from the internship and what their responsibilities are. Research limitations/implications – The strength of the paper lies in outlining an analytical framework for future research. The evidence presented from Spain and Portugal provides support for the conceptual framework; future comparative internship research should further test the propositions made across a range of countries and contexts. Social implications – By increasing understanding of internship governance, employers, policymakers and educationalists will be in a better position to design successful internships. Originality/value – The paper broadens the focus beyond educational internships alone and proposes a conceptual framework for future research.
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Wang, Guizhou, Si Zhang, Tao Yu y Yu Ning. "A Systematic Overview of Blockchain Research". Journal of Systems Science and Information 9, n.º 3 (1 de junio de 2021): 205–38. http://dx.doi.org/10.21078/jssi-2021-205-34.
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Abstract Blockchain has been receiving growing attention from both academia and practices. This paper aims to investigate the research status of blockchain-related studies and to analyze the development and evolution of this latest hot area via bibliometric analysis. We selected and explored 2451 papers published between 2013 and 2019 from the Web of Science Core Collection database. The analysis considers different dimensions, including annual publications and citation trends, author distribution, popular research themes, collaboration of countries (regions) and institutions, top papers, major publication journals (conferences), supportive funding agencies, and emerging research trends. The results show that the number of blockchain literature is still increasing, and the research priorities in blockchain-related research shift during the observation period from bitcoin, cryptocurrency, blockchain, smart contract, internet of thing, to the distributed ledger, and challenge and the inefficiency of blockchain. The findings of this research deliver a holistic picture of blockchain research, which illuminates the future direction of research, and provides implications for both academic research and enterprise practice.
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Theroux, Michael P. y April D. Grosse. "Force Majeure in Canadian Law". Alberta Law Review 49, n.º 2 (1 de diciembre de 2011): 397. http://dx.doi.org/10.29173/alr122.
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Force majeure clauses are intended to allocate risk for future events that, if they occur, will affect the ability of one party to perform its obligations under the contract. This article undertakes a comprehensive review of the Canadian law of force majeure and its application in the energy sector. The article begins by examining the legal foundations of force majeure found in the common law, Canadian jurisprudence, and other legal regimes. It then describes the operation of a force majeure clause and analyzes how such a clause is likely to be interpreted by the courts. Along with analyzing specific aspects of force majeure, such as triggering events, foreseeability and control, and issues relating to impact and causation, the authors incorporate many practical suggestions that will be useful to drafters of force majeure clauses.
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Fillion, Réal. "The Continuing Relevance of Speculative Philosophy of History". Journal of the Philosophy of History 8, n.º 2 (18 de julio de 2014): 180–95. http://dx.doi.org/10.1163/18722636-12341270.
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Speculative philosophy of history is concerned with history as a whole, which includes explicitly relating the past to the present and the present to the future. It proposes a philosophical appreciation of the importance of history in our lives and in our self-knowledge, but where history is understood not only as revealing to us what is past, but also as a shaping of the present, which itself sets the conditions for future developments. The notion of history-as-a-whole I propose to call, for the purposes of discussion, the past-present-future complex and it is this complex that is the explicit concern of the speculative philosopher of history. The speculative philosopher of history is never far from the historian and her work, whose concern is to elucidate the past and reveal its intelligibility, and in that sense, the past remains the privileged “object” of history, precisely because the past, as past, needs to be re-presented in order to be known, and is known through its re-presentations. I will here briefly discuss Frank Ankersmit’s account of the work of representation in his recent Meaning, Truth, and Reference in Historical Representation (Ithaca: Cornell University Press, 2012). Two things about this work of re-presentation will be noted: 1) because what is re-presented is a past reality, it provides a contrast to present reality, and 2) because the past re-presented is meant to be an account of the reality of the past, it gives us a sense of the necessity of what has been. For the speculative philosopher of history, taking these two features together raises the modal consideration of the relation between the necessity of what has come to pass (as re-presented) and the lived contingency of the present. Here I will briefly discuss the relevance of Michel Foucault’s work in relating past and present in terms of the contingent formations that shape our lives (including the histories we re-present). While Foucault’s focus on contingent formations privileges the notion of possibility within the historical field of the present, it does not systematically address how such possibility might relate to the future. For this last modal consideration, I will discuss briefly Ernst Bloch’s work, specifically the notions of Not-Yet- and What-Is- as discussed in the Principle of Hope (Cambridge: The MIT Press, 1986) as a way to address the future within the past-present-future complex that is the concern of speculative philosophy of history.
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Ajemunigbohun, Sunday Stephen, Folake Feyisayo Olowokudejo y Ismaila Adeleke. "Claims Settlement and Risk Attitudes: Evidence from the Motor Insurance Policyholders". Studia Universitatis Babes-Bolyai Oeconomica 67, n.º 2 (1 de agosto de 2022): 33–49. http://dx.doi.org/10.2478/subboec-2022-0008.
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Abstract Claims, being the heartbeat of the workability of insurance, are the most critical contact influencer between the insuring public and the insurer. It serves as a critical path to truth that shapes the policyholders’ ultimate perceptions of their insurers. Therefore, this study aimed at evaluating the relationships between claims settlement and risk attitudes, with specific reference to motor insurance policyholders in Lagos, Nigeria. The study adopted a cross-sectional survey research design. A survey based questionnaire was applied to 287 motor insurance policyholders. The findings-show that claims settlements are significant in attracting reasonable risk attitudes. The study recommends that motor insurance providers should put in place fascinating claims packages in order to boost the confidence level of the motoring communities. Government should rejuvenate and empower the motor insurance public complaint commission to address issues relating to motor insurance claims of either party in the motor insurance contract. Future research work could direct attention to insurance fraud issues emanating from the insurance claims settlement manual.
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Vedran Uran. "THE TECHNIQUES OF EXERCISING FUTURES AND FORWARDS BY THE HEDGING METHOD". Journal of Energy - Energija 55, n.º 5 (20 de enero de 2023): 578–95. http://dx.doi.org/10.37798/2006555400.
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Supply and demand are always supposed to be balanced due to certain limitations relating to electricity. Electricity prices fluctuate constantly and cannot be determined with complete certainty. The spot market price of electricity is a reflection of the continuous equilibrium among the production and supply of electricity. Due to uncontrolled exposure to the risk of the continual fluctuations of the spot market prices, market participants can incur financial losses. For this purpose, future and forwards have been introduced on the market. Owing to them, market risk can be hedged by employing the hedging method. Two types of such contracts exist: futures traded on electricity exchanges and forwards traded on over-thecounter markets. In this article, the descriptions, differences and application of these contracts are presented. A description of the hedging method and its application to futures is provided. At the end of the article, an application of a futures contract on the largest Middle European electricity exchange, EEX, is presented.
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Schutte, PJW. "Oordrag van eiendomsreg en die vulgêre reg in die Wes-Romeinse ryk". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 3, n.º 2 (10 de julio de 2017): 1. http://dx.doi.org/10.17159/1727-3781/2000/v3i2a2886.
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It is generally accepted that an abstract system is applied in South Africa with regard to the transfer of ownership. It is a characteristic of the abstract system that the different legal acts which form part of the process, namely the obligatory agreement, delivery of the thing concerned or registration, and the real agreement are separated from each other and that each has its own requirements. However, there is no certainty about the question as to whether or not this distinction stems from Roman law. The purpose of this article is to ascertain whether the distinction between the different legal acts existed in the vulgar law.It appears that the legal position in the vulgar law differs from South African law in that no distinction between the obligatory agreement and delivery of the thing existed. The conclusion of the sale, payment of the purchase price and the delivery of the merx took place simultaneously. It was considered to be one single act which also transferred ownership from one person to another. It furthermore appears that the intention of the parties to transfer ownership played a very important role. Yet, it was only the intention that existed at the time when the obligatory agreement was entered into, that mattered. Ownership did not pass by virtue of a separate meeting of the minds which could be abstracted from the obligatory agreement.Although certain formal requirements, the purpose of which were to enable the state to collect taxes, had been introduced in the vulgar law, writing and registration had not been regarded as formal requirements for the transfer of ownership in immovable property. Yet, the practice had been to draw written documents relating to the contract of sale, and to register them in municipal registers. This form of registration, however, is not tantamount to registration in the Deeds Registry.The conclusion is that an independent real agreement, which could be abstracted from the obligatory agreement was unknown to the vulgar law. There was no clear-cut distinction between the different legal acts such as that existing in South African law at present.
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Crossland, Zoë. "The knots of narrative. Contemporaneity and its relation to history". Archaeological Dialogues 22, n.º 1 (15 de mayo de 2015): 15–20. http://dx.doi.org/10.1017/s1380203815000033.
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In this wonderfully rich and thought-provoking article, Gavin Lucas exhorts us to write about archaeology in the mode of the contemporary. This is to attend to the shifting interplay between past, present and future, undertaken through a focus on the relations between objects, in contrast to the impoverished concern with succession and order that a notion of chronological contemporaneity imposes. His paper undertakes the useful task of disentangling concepts around time and contemporaneity, and raises a number of interesting questions. Here, I would like to discuss two of the most compelling contributions of Lucas's paper: the foregrounding of modes of persistence and of consociality, both of which I would like to explore by reflecting on my experiences of historical narrative and alternate temporalities in the history of highland Madagascar. The issue of persistence introduces the question of historical privilege – that is, how do some things persist while others fall to dust? And how is that persistence recognized and maintained? This same question of recognition (and misrecognition) is also at the heart of consociality; how are consociates acknowledged as contemporaneous, and what room is there for refusal?
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Ernawati, Nurjeny y Ferryal Abadi. "Analysis of The Effect of Job Satisfaction, Organizational Supports, and Leadership Style on Work Motivation in Improving Employee Performance". Eduvest - Journal of Universal Studies 4, n.º 4 (25 de abril de 2024): 1805–14. http://dx.doi.org/10.59188/eduvest.v4i4.1115.
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Purpose – The service sector is a business that prioritizes trust, so client satisfaction is the main thing. Improving the quality of services provided by the company can encourage the achievement of business success now and in the future. Methodology –To answer the objectives set in this research, an online electronic questionnaire was used as a tool to collect data relating to the variables, which were distributed to 210 back-office employee respondents of Holding Company. The collected data is then processed using the SEM test. Findings – six hypothetical conclusions can be drawn, namely that it is proven that job satisfaction, organizational support, and leadership style have a positive and significant effect on employee work motivation. It is proven that work motivation, job satisfaction, and leadership style have a positive and significant effect. Originality – Previous research discussed job satisfaction, organizational culture, leadership style, work motivation, and employee performance. The research's aim, based on the research gap above, is to explain how job satisfaction, organizational support, and leadership style influence work motivation in improving employee performance.
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Lee, Su-Jin. "Important Civil Procedure Law Cases in 2022". Kyung Hee Law Journal 58, n.º 1 (30 de marzo de 2023): 151–214. http://dx.doi.org/10.15539/khlj.58.1.4.
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In 2022, the Supreme Court issued several significant precedents in Civil Procedure Law. This article highlights seven key precedents relating to the Civil Procedure Law that were issued in 2022. Some of these precedents also touch on other legal areas such as civil law, commercial law, and civil enforcement law, but they were considered within the context of civil litigation legal issues. The seven precedents that are discussed in this article include: 1) the recognition and enforcement of foreign judgments that mandate double compensation; 2) the disclaimer of a lawsuit and the suspension of prescription following the invalidation of a contract name trust; 4) the criteria for determining the eligibility of parties in a lawsuit for the return of co-owned property; and 7) others. Additionally, 14 cases were summarized and classified separately based on the other precedents of the Civil Procedure Act issued in 2022.
While this article only provides a brief overview of these precedents, it is intended to be a useful resource for future studies on the 2022 civil procedure law cases.
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Niswatul Malihah y Tapa’ul Habdin. "SIHIR DALAM AL-QUR’AN: KAJIAN TAFSIR TEMATIK". At-Tahfidz: Jurnal Ilmu Al-Qur'an dan Tafsir 4, n.º 1 (31 de diciembre de 2022): 74–95. http://dx.doi.org/10.53649/at-tahfidz.v4i1.200.
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This research examines magic in holy Qur’an, which the magic is a maksiat and a great sin, because magic is an odd thing that seems to be an an extraordinary thing but not extraordinary. It can be including to be great sins category because magic can be learned and obtained through with demon approach by committing crimes of statement which contains destruction and praise to demon. Look at the rise if shamanic practices right now, it’s often found that people who depend on witchcraft in their view can give the benefit for him and other, even the magic essentially brings to mudharat. This phenomenon can be looked from peoples whom come to shamans as alternative medicine or to aim of predicting their future or to harm other with guna-guna because of desire and envy. In this regard, Al-Qur’an has explained how dangerous the magic, and need to necessary to understand how the nature of magic, the relationship with demon and mudharat in life. The researcher explains with the thematic interpretation with library research. This research uses primary data sources is Al-Qur’an and tafsir books as secondary data sources. The results of the research obtained that magic is real and affect someone’s soul because Al-Qur’an has explained the verses relating to the magic which happened on the prophet’s time and will not inflict to mudharat from magic to His creatures except His permission. Based of law, the magic is a prohibited act in Al-Qur’an for learn or teach it and the perpetrator of magic is punished as kafir because there is an element of devil worship on it.
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Berlianti y Tabita Loreansa Hura. "Meningkatkan Minat Belajar Anak Melalui Metode Belajar MEDIDOOR". ABDIKAN: Jurnal Pengabdian Masyarakat Bidang Sains dan Teknologi 1, n.º 2 (30 de mayo de 2022): 271–76. http://dx.doi.org/10.55123/abdikan.v1i2.318.
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Learning is an important aspect for every individual to be able to achieve hopes, ideals, and a good future. However, not all individuals want to study seriously, one of which is caused by the situation of boring learning activities. Not to mention that since the pandemic period, the process of teaching and learning activities in schools is very limited, namely only through zoom meetings so that students often find it difficult to understand the material. If this happens continuously, it will cause boredom in students and of course become a serious problem. The same thing happened to one of the children at the Ora Et Labora Nusantara Orphanage who needed help to increase his interest in learning. The process of providing assistance was also carried out in the PKL I mini project activities, using the casework method through the general intervention stage consisting of Engagement Intake Contract, Assessment, Planning, Intervention, Evaluation, and Termination. The focus of the client's problem solving process is the use of the MEDIDOOR learning method (Watching, Discussion, and Outdoor Learning) as a jointly designed strategy to increase the client's interest in learning. The purpose of this program was stated to be achieved, as evidenced by the increased enthusiasm for learning and the client's high curiosity about all kinds of knowledge.
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Issoufou, Chaibou y Naziruddin Abdullah. "REVISITING THE CONCEPT OF LEGAL GUARANTEE IN ISLAMIC LAW FOR STRUCTURING ISLAMIC FINANCIAL PRODUCTS". Humanities & Social Sciences Reviews 7, n.º 2 (20 de julio de 2019): 396–406. http://dx.doi.org/10.18510/hssr.2019.7247.
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Purpose of Study: In the modern Islamic financial products and services, legal guarantee is becoming increasing important in the structuring of products, particularly those used in the investments. As a result of the increasing importance of the concept of guarantee, this paper specifically revisits the conceptual analyses of legal guarantee in Islamic law with a view to providing the basis for the use of this concept in structuring relevant Shari‘ah-compliant products.
Methodology: The study adopts a comparative legal analysis of the views of classical Muslim jurists. The researchers examine the principles relating to guarantee, such as the meaning of guarantee, its authority, its pillars and conditions. Other principles include modes of guarantee and its objective. The paper also examines the principles and terms of guarantee necessitates an assessment of the effect of the guarantee contract on the contracting parties, particularly whether the guarantor has the right of recourse to the guaranteed person for a refund. The researchers adopt qualitative research methodology to analyse and examine the data. Results: It was found that although guarantee is permissible in Islamic law, it is not absolute. In fact, to make it more Islamically acceptable or Shari’ah compliant there are other terms and conditions that the contract has to fulfil especially by the guarantor, guaranteed person as well as guaranteed asset.
Results: Legal Guarantee is permissible in Islamic law to prevent harm that may happen to the traders and investors, and protect the public interest. Classical and contemporary Muslim scholars’ views are that guarantee is not limited to guarantee for debt, but extended to the guarantee for other commercial transactions like guarantee of future liability and physical punishment. Guarantee has its own pillars and conditions, which should be met in order for a guarantee contract to be a valid one. The researchers suggest to conduct empirical research in order to have a clear picture on the concept of legal guarantee for structuring Islamic financial products.
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Słotwiński, Szymon. "Municipal Lex Contractus – Effectiveness of the Terms and Conditions for the Sale of Real Estate from the Municipal Real Estate Stock in Shaping the Real Estate Development Process". Review of European and Comparative Law 53, n.º 2 (30 de junio de 2023): 209–32. http://dx.doi.org/10.31743/recl.14625.
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The municipality, acting in the sphere of dominium, independently decides on the use and manner of use of individual assets. However, the trade in real estate constituting the subject of ownership of this local self-government unit requires compliance with a number of legal regulations, the most significant of which is the Act of August 21, 1997 on Real Estate Management (consolidated text Journal of Laws of 2021 item 1899, as amended). However, none of the provisions of the law refers explicitly to the freedom and limits of shaping by the municipality of the terms and conditions for the disposal of real estate, which in the case of a non-tender route are determined in negotiations conducted with the buyer, while in the case of a tender they are announced in the contract notice. The content established in this manner is then included in the protocol, which forms the basis for the conclusion of the contract, and thus directly affects the shape of the contractual legal relationship. The purpose of the publication will therefore firstly be to set out the legal framework for the municipality’s determination towards the future buyer of the real estate of the specific manner, in which the investment is to be carried out, as well as to answer the question as to the real possibility of the former owner (municipality) co-shaping the investment proces on the sold real estate after the buyer has signed the contract. The importance of the issue under consideration is expressed in the decision as to whether the creation by the municipality of its own lex contractus by means of the terms and conditions for the disposal of the real estate relating to specific deadlines for the commencement and completion of the investment process, the manner of use and development of the real estate, as well as the liability of the new owner towards the previous owner for their violation, is legally effective and can actually be enforced by the municipality.
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Smead, Richard G. "The Mountain Valley Provision—Impacts and Implications for the Market and the Future". Climate and Energy 40, n.º 2 (10 de agosto de 2023): 28–32. http://dx.doi.org/10.1002/gas.22365.
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The political theater that recently played out related to the US debt ceiling may have illustrated the chaos that polarization has brought to Washington, but it showed one other thing as well: even when it does not have much to do with the matter at hand—as in defaulting on the national debt—there's actually an appetite for federal permitting reform on both sides of the aisle. The Fiscal Responsibility Act (FRA) addressed some immediate priorities relating to infrastructure— including changes to the review process under the National Environmental Policy Act (NEPA). But then, surprising many in the natural gas industry, as well as many of the industry's critics, the FRA actually ordered the regulatory permitting of the long‐delayed, controversial Mountain Valley Pipeline (MVP). For over five years, MVP has been in various stages of regulatory limbo, having received a certificate from the Federal Energy Regulatory Commission (FERC) years ago but continually failing to secure the other federal permits necessary for completion. That failure was generally not the result of actions of the agencies involved, but rather of successful efforts by project opponents to gain appellate court reversals of the agency actions approving the pipeline. The MVP saga has proven that even an “act of congress” does not necessarily end the drama. Well after the passage of the FRA, the Fourth Circuit U.S. Court of Appeals, which had been the dominant forum for most of the previous stoppages, issued a stay of the construction under a U.S. Forest Service permit that MVP had already received. The outcome of that action is unknown at the time of publication, but presages the ongoing legal arm‐wrestling that will likely surround the FRA provision and the project.
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Kochan, Thomas A., Christine A. Riordan, Alexander M. Kowalski, Mahreen Khan y Duanyi Yang. "The Changing Nature of Employee and Labor-Management Relationships". Annual Review of Organizational Psychology and Organizational Behavior 6, n.º 1 (21 de enero de 2019): 195–219. http://dx.doi.org/10.1146/annurev-orgpsych-012218-015335.
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This article reviews work and employment research, paying particular attention to theory and applications by scholars in organizational psychology and organizational behavior (OP/OB) and employment or industrial relations (ER), with the objective of better understanding employee and labor-management relationships. Our animating premise is that juxtaposing these two research traditions provides a stronger basis for analyzing these relationships today. OP/OB offer micro- and meso-level focuses, whereas ER focuses on organizations, collective actors, and labor markets, with an emphasis on historical context. We hope this review motivates efforts to think about and build new social and psychological contracts that are attuned to the evolving dynamics present in the economy, workforce, and society. To this end, we look to the future and propose ways of deepening, broadening, and accelerating the pace of research that might lead to useful changes in practices, institutions, and public policies.
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Pinto, Ricardo Figueiredo y Carlos Alexandre Felício Brito. "Artificial intelligence and uncertainties in education: imagery representations of health course students". Concilium 23, n.º 17 (9 de septiembre de 2023): 369–82. http://dx.doi.org/10.53660/clm-1902-23n03.
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The was aim of this work was to understand the imagery representations of students of courses in the health area in relation to the object of knowledge called artificial intelligence. The study was developed in São Caetano do Sul, São Paulo, Brazil. Students from health schools participated (n=83). Data were collected using the Free Word Evocation Technique (TALP). The analysis was based on matrix analysis using the IRaMuTeQ software. The observed salience, based on the findings, revealed the center of the image representations (artificial intelligence) centered on the elements "Technology", "Future" and "Innovation", being the link of the senses perceived by the students after being questioned about how they think the object of study. knowledge during their training process as future health professionals. As a flexible system (peripheral system), in this way of thinking, we highlight the “Robots”, the “ChatGPT” and the “Fear”, thus revealing the uncertainties in education, as a way of interacting in the learning process in this new artificial context. However, it was possible to observe, in contrast, the way of representing this object linked to the problem of “unemployment”.
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Gardiner, Stephen M. "On the Scope of Institutions for Future Generations: Defending an Expansive Global Constitutional Convention That Protects against Squandering Generations". Ethics & International Affairs 36, n.º 2 (2022): 157–78. http://dx.doi.org/10.1017/s089267942200017x.
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AbstractWe are in the early stages of a new “intergenerational turn” in political philosophy. This turn is largely motivated by the threat of global climate change, which makes vivid a serious governance gap surrounding concern for future generations. Unfortunately, there is a lack of fit between most proposed remedies and the nature of the underlying problem. Most notably, many seem to believe that only piecemeal, issue-specific, and predominantly national institutions are needed to fill the intergenerational governance gap. By contrast, I argue that we should adopt a genuinely global approach that treats intergenerational questions as foundational, and advocates for new permanent institutions with ongoing responsibilities to act on intergenerational threats. In this essay, I summarize my diagnosis of the underlying problem—that we face a basic standing threat that I call the “tyranny of the contemporary”—and sketch my proposal for a global constitutional convention aiming at institutions with standing authority and a broad remit. I then develop some of these ideas further through responses to fellow advocates for reform who nevertheless consider my proposals to go too far. In particular, I reject a counterproposal made by Anja Karnein, who argues that reforms should address only threats whose negative impacts would cross a high threshold. I argue that this would leave future generations vulnerable to what I call “squandering generations”. Among other things, these intergenerational squanderers violate appropriate relationships between past, present, and future generations. Yet, in my view, a central task of defensible intergenerational institutions is to protect the future against such abuse.
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Deely, John. "From semiosis to semioethics: The full vista of the action of signs". Sign Systems Studies 36, n.º 2 (31 de diciembre de 2008): 437–91. http://dx.doi.org/10.12697/sss.2008.36.2.09.
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How anything acts depends upon what it is, both as a kind of thing and as a distinct individual of that kind: “agere sequitur esse” — action follows being. This is as true of signs as it is of lions or centipedes: therefore, in order to determine the range or extent of semiosis we need above all to determine the kind of being at stake under the name “sign”. Since Poinsot, in a thesis that the work of Peirce centuries later confirmed, the proper being of signs as signs lies in a relation, a relationship irreducibly unifying three distinct terms: a foreground term representing another than itself — the representamen or sign vehicle; the other represented — the significate or object signified; and the third term to or for whom the other-representation is made — the interpretant, which need not be a person and, indeed, need not even be mental. The action of signs then is the way signs influence the world, including the world of experience and knowledge, but extending even to the physical world of nature beyond the living. It is a question of what is the causality proper to signs in consequence of the being proper to them as signs, an indirect causality, just as relations are indirectly dependent upon the interactions of individuals making up the plurality of the universe; and a causality that models what could or might be in contrast to what is here and now. To associate this causality with final causality is correct insofar as signs are employed in shaping the interactions of individual things; but to equate this causality with “teleology” is a fundamental error into which the contemporary development of semiotics has been inclined to fall, largely through some published passages of Peirce from an essay within which he corrects this error but in passages so far left unpublished. By bringing these passages to light, in which Peirce points exactly in the direction earlier indicated by Poinsot, this essay attempts a kind of survey of the contemporary semiotic development in which the full vista of semiosis is laid out, and shown to be co-extensive with the boundaries of the universe itself, wherever they might fall. Precisely the indirect extrinsically specificative formal causality that signs exercise is what enables the “influence of the future” according to which semiosis changes the relevance of past to present in the interactions of Secondness. Understanding of this point (the causality proper to signs) also manifests the error of reducing the universe to signs, the error sometimes called “pansemiosis”.
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Ellerman, David. "Corporate governance, capital theory, and corporate finance theory: An approach from property theory". Corporate Ownership and Control 1, n.º 4 (2004): 13–29. http://dx.doi.org/10.22495/cocv1i4p1.
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An analysis of the corporate governance debate is developed using a descriptive theory about the system of private property and contract in a market economy. There are strong implications for capital theory and corporate finance theory. The structure of the main results is that what often appears as being an owned property right is upon analysis seen to be only a contractual position—and contractual positions only extend a few years into the future. An enterprise could be described concretely as specific people working with specific machines producing a certain product or it could be described more abstractly using the economists’ notion of a production function. But either way, it is not determined who is legally undertaking the enterprise until the contracts between the factor suppliers are given. Thus the determination of who undertakes an enterprise is contractually determined; it is not an owned property right. In this sense, there is no such thing as the "ownership of the firm" since the party undertaking an enterprise, the residual claimant, is determined by the direction of the hiring contracts. There is the ownership of a conventional joint stock corporation, but a corporation does not "own" the enterprise that it is currently undertaking by virtue of its contractual position. For another party to take over the enterprise, it is sufficient to redo the contracts, not "buy the firm." Since a corporation’s paid contracts at best extend only a few years into the future, there is no basis for the common assumption in capital theory or corporate finance theory that the corporation "owns" the future enterprise cash flows in perpetuity. This simple result thus has rather strong implications for considerations of enterprise governance as well as for capital theory and corporate finance theory. Many of the "ownership" assertions that fuel the debate about enterprise governance are groundless, and the discounting of future enterprise net returns beyond the horizon of current contracts does not represent the valuation of current property rights.
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Onyoin, Moses y Christopher Bovis. "Social Construction of Institutional Complementation in Cross Sector Collaborations: An Empirical Exploration of a Public Private Partnership Case". International Journal of Management and Applied Research 8, n.º 2 (1 de junio de 2021): 91–108. http://dx.doi.org/10.18646/2056.82.21-006.
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Despite an increasing adoption of cross sector collaborative models, especially contractual Public Private Partnerships (PPPs), as an important public services delivery modality, PPPs continue to experience serious institutional gaps that challenge the course of their implementation. This paper utilizes the new institutionalism theoretical lens and draws on interview and documentary evidence from a concession-type Infrastructure Public Private Partnership Project to foreground the different mechanisms used to remedy contractual gaps that are, inadvertently, necessarily or strategically, left open by contracting partners due to the lack of sophistication in setting efficient and precise institutions at the contracting phase. The study discerns the primacy of three socially constructed institutions complementation mechanisms including (a) contract renegotiations and amendments, (b) the development of new regulatory guidelines and standards, and (c) the establishment of inclusive coordinating structures. Based on the evidence, the paper argues that when confronted by emergent and unique challenges unanticipated in the elaborate contractual provisions, there still remains viable opportunity through an ongoing, concerted, and in a collective manner for responsible actors to complement initial institutions in a way necessary to overcome challenges and stay the main cause of the partnership. Other implications relating to specific sector structures and sector regulation are highlighted along with insights for future work.
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Onyoin, Moses y Christopher Bovis. "Social Construction of Institutional Complementation in Cross Sector Collaborations: An Empirical Exploration of a Public Private Partnership Case". International Journal of Management and Applied Research 8, n.º 2 (1 de junio de 2021): 91–108. http://dx.doi.org/10.18646/2056.81.21-006.
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Despite an increasing adoption of cross sector collaborative models, especially contractual Public Private Partnerships (PPPs), as an important public services delivery modality, PPPs continue to experience serious institutional gaps that challenge the course of their implementation. This paper utilizes the new institutionalism theoretical lens and draws on interview and documentary evidence from a concession-type Infrastructure Public Private Partnership Project to foreground the different mechanisms used to remedy contractual gaps that are, inadvertently, necessarily or strategically, left open by contracting partners due to the lack of sophistication in setting efficient and precise institutions at the contracting phase. The study discerns the primacy of three socially constructed institutions complementation mechanisms including (a) contract renegotiations and amendments, (b) the development of new regulatory guidelines and standards, and (c) the establishment of inclusive coordinating structures. Based on the evidence, the paper argues that when confronted by emergent and unique challenges unanticipated in the elaborate contractual provisions, there still remains viable opportunity through an ongoing, concerted, and in a collective manner for responsible actors to complement initial institutions in a way necessary to overcome challenges and stay the main cause of the partnership. Other implications relating to specific sector structures and sector regulation are highlighted along with insights for future work.
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Zubaydi, Haider Dhia, Pál Varga y Sándor Molnár. "Leveraging Blockchain Technology for Ensuring Security and Privacy Aspects in Internet of Things: A Systematic Literature Review". Sensors 23, n.º 2 (10 de enero de 2023): 788. http://dx.doi.org/10.3390/s23020788.
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As the Internet of Things (IoT) concept materialized worldwide in complex ecosystems, the related data security and privacy issues became apparent. While the system elements and their communication paths could be protected individually, generic, ecosystem-wide approaches were sought after as well. On a parallel timeline to IoT, the concept of distributed ledgers and blockchains came into the technological limelight. Blockchains offer many advantageous features in relation to enhanced security, anonymity, increased capacity, and peer-to-peer capabilities. Although blockchain technology can provide IoT with effective and efficient solutions, there are many challenges related to various aspects of integrating these technologies. While security, anonymity/data privacy, and smart contract-related features are apparently advantageous for blockchain technologies (BCT), there are challenges in relation to storage capacity/scalability, resource utilization, transaction rate scalability, predictability, and legal issues. This paper provides a systematic review on state-of-the-art approaches of BCT and IoT integration, specifically in order to solve certain security- and privacy-related issues. The paper first provides a brief overview of BCT and IoT’s basic principles, including their architecture, protocols and consensus algorithms, characteristics, and the challenges of integrating them. Afterwards, it describes the survey methodology, including the search strategy, eligibility criteria, selection results, and characteristics of the included articles. Later, we highlight the findings of this study which illustrates different works that addressed the integration of blockchain technology and IoT to tackle various aspects of privacy and security, which are followed by a categorization of applications that have been investigated with different characteristics, such as their primary information, objective, development level, target application, type of blockchain and platform, consensus algorithm, evaluation environment and metrics, future works or open issues (if any), and further notes for consideration. Furthermore, a detailed discussion of all articles is included from an architectural and operational perspective. Finally, we cover major gaps and future considerations that can be taken into account when integrating blockchain technology with IoT.
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Capicchioni, Amos. "Constructive trust per risolvere un caso di approfittamento contro coscienza (Fattal v Fattal, 22 aprile 2022)". N° 1 (gennaio-febbraio), n.º 1 (2 de febrero de 2023): 66–73. http://dx.doi.org/10.35948/1590-5586/2023.239.
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TesiDue fratelli pattuiscono oralmente che il maggiore, unico intestatario di un appartamento, lo avrebbe venduto al minore ad un prezzo prestabilito. Circa vent’anni anni dopo, il fratello maggiore procede all’alienazione nell’errata convinzione che suo fratello minore gli abbia corrisposto quanto concordato. Invece quest’ultimo era perfettamente a conoscenza di possedere indebitamente la proprietà dell’appartamento. Pertanto, seppur in presenza di un void contract per mancanza della forma scritta ad substantiam (imposta dalla section 2 del LPA), la Corte, al fine di porre rimedio alla frode commessa, nomina il fratello minore constructive trustee dell’appartamento a favore di quello maggiore. Allo stesso modo, questa identifica un classico esempio di “presumed resulting trust”: ipotesi che ricorre qualora la proprietà del bene venga trasferita gratuitamente o ad un prezzo vile da un soggetto ad un altro ed in assenza dell’intenzione del primo di donare così che si presume che il trasferente non abbia inteso spogliarsi del suo beneficial interest. Nel caso in cui la medesima vicenda pendesse innanzi ad un giudice italiano, il trasferimento operato dal fratello maggiore in virtù dell’accordo orale parrebbe integrare i presupposti di un’esecuzione de facto di un contratto nullo per mancanza della forma prescritta dalla legge. Oltre a tale eventualità, un’ulteriore strategia difensiva potrebbe fondarsi sul precetto contenuto all’art. 2037 cod. civ. che impone a colui che abbia ricevuto indebitamente una cosa determinata di restituirla o sulla disciplina di chiusura relativa all’arricchimento senza causa. The author's view Two brothers orally agree that the older, sole owner of an apartment, would sell it to the younger at a pre-established price. About twenty years later, the older brother proceeds with the sale in the mistaken belief that his younger brother has paid him what was agreed. Instead, the latter was perfectly aware that he unduly owned the property in the apartment. Therefore, even in the presence of a void contract due to the lack of the ad substantiam written form (imposed by section 2 of the LPA), the Court, in order to repair to the fraud committed, appoints the younger brother constructive trustee of the apartment in favor of the older. Similarly, this identifies a classic example of “presumed resulting trust” a hypothesis that occurs when the ownership of the asset is transferred for free or at a base price from one person to another and in the absence of the former’s intention to donate so that it is presumed that the transferor did not intend to divest himself of his beneficial interest. In the event that the same question would hang in front of an Italian judge, the transfer made by the older brother by virtue of the oral agreement would appear to integrate the conditions of a de facto execution of a contract that was void due to the lack of the form prescribed by law. In addition to this eventuality, a further defensive strategy could be based on the precept contained in the art. 2037 of the civil code which imposes to a person who has received a certain thing unduly to give it back or on the closing discipline relating to unjust enrichment.
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Scott, Rosamund. "RECONSIDERING “WRONGFUL LIFE” IN ENGLAND AFTER THIRTY YEARS: LEGISLATIVE MISTAKES AND UNJUSTIFIABLE ANOMALIES". Cambridge Law Journal 72, n.º 1 (marzo de 2013): 115–54. http://dx.doi.org/10.1017/s0008197313000044.
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AbstractUnder English law a child born disabled, for instance by Tay Sachs disease, as a result of negligent embryo selection by preimplantation genetic diagnosis (‘PGD’), can sue the relevant health professionals by means of a 1990 amendment to the Congenital Disabilities (Civil Liability) (‘CD’) Act 1976. By contrast, a second child conceived outside the in vitro fertilisation (‘IVF’) clinic, whose Tay Sachs is not detected in utero by means of prenatal diagnosis, can have no claim against the relevant health professionals due to the decision in McKay and Another v Essex Area Health Authority, which held that a child can have no claim for so-called “wrongful life”. This paper argues that this difference is anomalous and inequitable. It highlights the inadvertent way in which the legislative exception was crafted and shows that there are no relevant differences between the selection practices of PGD and PND that would in any event justify such different treatment. It critiques the English common law position on wrongful life by analysing the ethical and legal foundations of such a claim, arguing that the action should be permitted on the basis of a certain degree of severity, namely where a future child is likely to think that his or her life is not worth living. The analysis makes particular reference to developments since McKay in the law relating to the selective non-treatment of neonates, selective abortion, wrongful birth, and the action for wrongful life itself, as well as to the legal position of pregnant women in relation to the fetus, and the critique by people with disabilities of the practices of PGD and PND. The paper argues that McKay and those parts of the CD Act that purport to deny a claim for wrongful life to children born outside the IVF context should be revisited when the opportunity arises. The duty that health professionals already owe prospective parents to advise of a condition in a developing fetus that would give rise to serious impairments in the future child (which sounds in an action for so-called “wrongful birth”) should be owed at the same time to the future child, realised by advice to the pregnant woman, where a child is likely to be born with a condition that is so severe that any goods in life are outweighed by the burdens.
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Brody, Grace. "Implications of the Selection of Islamic Law in European Private International Law". Michigan Journal of International Law, n.º 43.3 (2022): 803. http://dx.doi.org/10.36642/mjil.43.3.implications.
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The English Court of Appeal in Beximco v. Shamil Bank chose to apply only English law in a breach of contract case, even though the choice of law clause in the contract at issue also selected Islamic law. The court cited three main reasons for this decision. First, article 3(1) of the Rome I Convention “contemplates” that a contract can be governed only by the “law of a country,” and there is no mention of the application of a “non-national system of law such as Sharia law.” Second, Islamic law does not consist of “principles of law” but instead a system of principles which “apply to other aspects of life and behaviour.” Third, even if Islamic law was interpreted to include principles of law, there is no consensus among the Islamic legal community as to what they would be when applied to a financial transaction. As this note will demonstrate, none of these arguments should hold weight in a contemporary European Member State court. For one thing, the court’s ruling is not consistent with the implications of the 2008 Rome I Regulation (“the Regulation” or “the Rome I Regulation”), which updates the Rome I Convention (“the Convention” or “the Rome I Convention”), both of which regulate choice of law issues in the European Union (“EU”). Although the Rome I Regulation was passed four years after the Shamil Bank decision, the content and legislative history of the Regulation suggest that it should be understood to support the validity of non-state sources of law like Islamic law. For another, the Shamil Bank decision misconstrued the nature of Islamic law. Islamic law’s approach to financial issues is demonstrably specific enough to enforce, as is evidenced by the fact that international arbitration proceedings have no difficulty enforcing choice of law clauses which select Islamic law. The weaknesses of the court’s arguments are not the only reason that future European Member State courts should not follow the reasoning of the Shamil Bank decision. In a global system that is trending toward prioritizing party autonomy, as evidenced by the Rome I Regulation and The Hague Principles on Choice of Law in International Contracts (“the Hague Principles”), European Member State court systems should be more open-minded about enforcing the legal systems that parties choose to rely upon in negotiating and drafting their contracts. This is especially true when the contract at issue selects both state law and non-state law, as was the case in Shamil Bank. If parties choose, as they did in that contract, to apply English law “in the spirit” of Islamic law, it would be disrespectful of their autonomy—and would materially alter the nature of the bargain they have entered into—for the court to choose to apply only English law, as the English Court of Appeal did. This is not to say that courts should be forced to apply parties’ selection of all types of non-state law, only those systems that are demonstrably specific enough to administer, as Islamic law is. This note will contend that even though no European Member State court has dealt with the application of Islamic law directly since the 2004 Shamil Bank decision, to the best of this author’s knowledge, if the issue were to arise again, courts should not follow the reasoning of the Shamil Bank decision.
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Jacobs, Trent. "The Uncertain Bright Future of Underground Hydrogen Storage". Journal of Petroleum Technology 75, n.º 04 (1 de abril de 2023): 24–30. http://dx.doi.org/10.2118/0423-0024-jpt.
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The most obvious obstacles to a big ramp-up in global hydrogen production are well known. They include technological breakthroughs to bring down production costs along with new sources of demand from the power and transportation sectors. Less obvious is that a small army of reservoir engineers, geologists, and other subsurface experts will be needed to understand where and how tomorrow’s hydrogen hubs will store their clean-burning fuel. Bulk storage on the surface is considered by many experts to be simply out of the question. That means large hydrogen projects will need a subsurface component, and some think depleted oil and gas fields—with an emphasis on the latter—may fit the bill. Saline aquifers are being eyed for the role too. But as this all suggests, no one has ever attempted to use these formations for hydrogen storage. Just four shallow salt formations, three salt domes in Texas and one salt field in the UK, represent the totality of the world’s hydrogen underground storage (HUS) capacity. Research is underway to expand HUS in salt formations but that will not solve for the fact that they are not a geologic option for many locations where big industrial players are hoping to produce hydrogen. This includes most of Europe and most of the US outside of its Gulf Coast states. By contrast, deeper sedimentary structures of various flavors are in no short supply but lack any material field experience that might help jumpstart the de-risking of storing several Bcf of hydrogen. The upstream industry’s extensive experience in operating what are the closest analogues—natural gas storage and carbon capture and storage (CCS)—will help that process but there are new challenges when it comes to injecting the universe’s smallest molecule into porous media. Topping the list is hydrogen’s strong propensity to migrate inside a reservoir (laterally and vertically) along with the potential for troublesome chemical and biological reactions. Hydrogen may also be clean burning but it offers only about a third of the energy density as methane, which means it needs roughly three times the storage volume to deliver the same energy output to a gas-fired power plant. Among those working to bring clarity to such issues is Mojdeh Delshad, a reservoir engineer and professor at The University of Texas at Austin. Her latest research involved using commercial reservoir simulators to model what would happen if selected gas fields and saline aquifers in the US used for CCS or natural gas storage were instead used to store hydrogen. “We wanted to know about the challenges of hydrogen, which because of its properties—very low density, very low viscosity—is going to move in the reservoir much more quickly than CO2 and methane. And that’s exactly what we found, which means we’re going to have to do something differently with hydrogen storage in order to capture and produce what is injected,” said Delshad.
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Reguera, Consuelo y Antonio L. García-Izquierdo. "Women as Victims of Court Rulings: Consequences of Workplace Harassment in the Hospitality Industry in Spain (2000–2016)". Sustainability 13, n.º 14 (6 de julio de 2021): 7530. http://dx.doi.org/10.3390/su13147530.
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Workplace harassment is a psychosocial risk factor that increasingly affects workers in the hospitality industry. Although this risk factor is recognised by legal regulations in Spain, in many cases the scope of these regulations and their interpretation by the courts remains unclear. The aim of this research is to conduct a qualitative, documentary, and descriptive study of the content of 61 rulings obtained from a search of 2335 rulings in the database of the Judicial Documentation Centre (CENDOJ) for the years 2000 to 2016. The main results show a steady increase in complaints over sixteen years; that women are predominantly the victims of work-related and sexual harassment; and that most harassment is carried out by men, is vertical in nature, and is frequently perpetrated by employers or bosses. Approximately half of the cases resulted in the awarding of some form of financial compensation, and although the amounts were small, over half of these cases involved workplace harassment, with the rest relating to sexual harassment at work. Most cases resulted in the termination of the victim’s contract, either through dismissal or employee abandonment. Based on the results found, we develop proposals that may facilitate future lines of action designed to enhance the defence and legal protection of workers and thus contribute to the promotion and sustainability of wellbeing in the workplace.