Articoli di riviste: "Consideration (Law)"

1

Pu, Dong-Ho. "A Study on the Consideration of American Contract Law". Legal Theory & Practice Review 11, n. 4 (30 novembre 2023): 235–72. http://dx.doi.org/10.30833/ltpr.2023.11.11.4.235.

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Susanti, Dewi Elvi. "PEMIDANAAN TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA STUDI KASUS PERKARA PIDANA NO. 07/PID-SUS-ANAK/2017/PN.PDG". JCH (Jurnal Cendekia Hukum) 4, n. 2 (28 marzo 2019): 187. http://dx.doi.org/10.33760/jch.v4i2.103.

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This study illustrates the basis and consideration of public prosecutors and judges in convicting children as perpetrators of crimes in a letter of claim and decision. There were two issues that would be examined, namely: a) What is the basis and consideration of the Public Prosecutor to file a complaint against the Child as a criminal in a case Number: 07/Pid.Sus-Anak/2017/Pn.Pdg, b) What is the basis and consideration of the Judge in making a decision on the Child as a criminal offender in the decision Number: 07/Pid.Sus-Anak/2017/Pn.Pdg, To discuss this problem a normative juridical method is used. From the results of the research obtained answers, a) the basis of the public prosecutor to file a claim against a child is Law Number 3 of 1997 concerning the Juvenile Court and Law Number 11 of 2012 concerning the Juvenile Justice System, and several Circular of the Indonesian Attorney General, while prosecutor's consideration General filed a claim in court No. 07/Pid.Sus-Anak/2017/Pn.Pdg was the fulfillment of the elements of the article being charged, things that incriminate and alleviate children's actions, the condition of parents of children, recommendations of correctional facilities (Bapas), paying attention to the interests of the community, victims and perpetrator; b) the basis of the judge in making a decision in case No. 07/Pid.Sus-Anak/2017/Pn.Pdg was Law Number 11 of 2012 concerning the Criminal Justice System of Children and was Law Number 3 of 1997 concerning Juvenile Courts. There were 2 (two) considerations the judge handed down the decision in case No. 07/Pid.Sus-Anak/2017/Pn.Pdg are juridical considerations and non-juridical considerations.

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강창보 e kim yeu-sun. "Consideration About House Lease Law of Japan". 법과정책 20, n. 2 (agosto 2014): 1–24. http://dx.doi.org/10.36727/jjlpr.20.2.201408.001.

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IWASHIMIZU, Yukio. "Consideration on Acoustoelastic Law for Shear Waves." Journal of the Society of Materials Science, Japan 41, n. 466 (1992): 1191–97. http://dx.doi.org/10.2472/jsms.41.1191.

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Benedict, Jörg. "Consideration Formalismus und Realismus im Common Law of Contract Consideration Formalismus und Realismus im Common Law of Contract". Rabels Zeitschrift für ausländisches und internationales Privatrecht 69, n. 1 (2005): 1. http://dx.doi.org/10.1628/0033725054397480.

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Fleming, David. "Contract—Economic Duress—Consideration". Cambridge Law Journal 48, n. 3 (novembre 1989): 362–63. http://dx.doi.org/10.1017/s0008197300109596.

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Jumadi, Jumadi, e Indrajaya Indrajaya. "Pertimbangan Hakim Menjatuhkan Hukuman Pidana Bersyarat terhadap Pelaku Tindak Pidana Narkotika". Wajah Hukum 6, n. 2 (14 ottobre 2022): 471. http://dx.doi.org/10.33087/wjh.v6i2.1096.

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Abstract One of the goals of criminal law is as a social institution that includes several things, namely as part of a social reaction when there is a violation of applicable norms. When the judge's decision by imposing a conditional criminal sentence on narcotics, it often invites debate and dissatisfaction from various parties. The problem of this journal is what is the basis for the judge's consideration of imposing a conditional criminal sentence and what are the inhibiting factors for the application of the judge's decision. This research is an empirical legal research that prioritizes field data using the analytical descriptive specification method. The results of the study that the judge's consideration of imposing a conditional sentence in a narcotics crime case at the Palembang Class IA District Court was based on juridical considerations (legal certainty), namely Article 14a to Article 14f of the Criminal Code, Article 127 paragraph (1) letter c of the Narcotics Law and sociological considerations and philosophical considerations. The inhibiting factors for applying conditional criminal penalties at the Class IA Palembang District Court are the law factor, law enforcement officers, infrastructure, and the cultural factor of the community itself.

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Polishchuk, Artem. "Consideration of intellectual property law in the context of European Union practice". Law. Human. Environment 15, n. 1 (27 gennaio 2024): 70–84. http://dx.doi.org/10.31548/law/1.2024.70.

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The development of effective legislation on intellectual property in the context of shaping a digital society is an important issue for ensuring the stable development of innovation and protecting creators’ rights. The aim of the work is to analyse the constitutional and international principles of legislative regulation in the field of intellectual property law in the European Union to improve its legal regulation in Ukraine. The scientific basis was the application of the dialectical method as a way to delve deeper into the issues of intellectual property law, as well as the use of methods such as detailing and synthesis, abstraction, analysis and synthesis, and comparative legal method. The peculiarities of legislation on intellectual property in Ukraine and the European Union have been studied, revealing the lack of unified legal regulation of intellectual property issues. Experience confirms that institutional support is necessary for the field of intellectual property in Ukraine. To determine an effective state policy, it is necessary to develop and implement new terminology in the field of copyright protection. In the past, insufficient international cooperation has led to Ukrainian legislation not meeting modern requirements, especially in actively developing areas that require special terms and designations for the protection of intellectual work results. Based on the results of the conducted research, it has been established that the system of intellectual property protection in Ukraine is developing and requires constant improvement. The existence of violations of intellectual property rights indicates the need for the implementation of a programme to improve this system, as state protection of intellectual property is the main aspect of developing an innovative economy and increasing Ukraine’s competitiveness. In other words, due to significant gaps in legislation, manufacturers of innovative products will not rush to introduce them to the Ukrainian market, and high-tech start-ups are not protected from unfair copying of ideas. Also, based on the research results, gaps have been identified in the regulation of legal regimes for texts, music, and images generated by artificial intelligence. The research results can be useful for legislators working on improving legislation on intellectual property and for the development of strategies for managing intellectual property, which will contribute to increasing competitiveness and innovative development of business

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Bilalu, Naskur, Ridwan Jamal, Nurlaila Harun e Syahrul Mubarak Subeitan. "Compilation of Islamic Law as Judge's Consideration at a Religious Court in North Sulawesi, Indonesia". Samarah: Jurnal Hukum Keluarga dan Hukum Islam 6, n. 2 (3 ottobre 2022): 514. http://dx.doi.org/10.22373/sjhk.v6i2.12441.

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This study examines the Compilation of Islamic Law (KHI) as a consideration for Religious Court Judges in North Sulawesi in resolving legal cases. This paper is empirical legal research using the sociology of law approach based on facts related to the considerations of judges and decisions of the religious courts in North Sulawesi as the application of the Compilation of Islamic Law. The data collection technique is based on literature review, especially court decisions and in-depth interviews with judges. The findings show that there are four forms of application of KHI, namely: First, KHI is the main reference with considerations: 1) if there is no basis for legal considerations in Laws and Government Regulations; 2) KHI is the agreement of the ulema and is a series of written laws; 3) KHI is jurisprudence, Second, KHI is a reinforcement reference to Government Laws and Regulations with the following considerations: 1) KHI is a reaffirmation of Government Laws and Regulations; 2) KHI provides Islamic characteristics and values; 3) KHI is a special provision for Muslims; 4) KHI realizes marriages must be carried out based on the provisions of the law of religion and belief. Third, KHI is a special reference with the considerations: 1) KHI regulates specifically, while it is not found in laws and Government Regulations; 2) KHI is a special reference for Religious Courts; 3) KHI has regulated while the laws and regulations have not regulated, and Fourth, KHI is not a reference at all with the consideration that no legal basis is found.

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Ivanova, Biljana, e Aleksandar Savić. "Theoretical consideration of citizen's income tax". Ekonomski izazovi 11, n. 22 (2022): 27–34. http://dx.doi.org/10.5937/ekoizazov2221027i.

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Before we ask the question of payroll tax and where we are looking for an answer, lets look at the Labor Law, which provides us with an employment relationship as such in which we exercise certain rights, one of which is the right to salary. What happens to the tax and who is obliged to submit to it, the Law clearly classifies, and this issue necessarily intertwines the economy and law and in correlation with the Constitution, is a necessary assumption of every citizen who contributes with his work, the state with which he is employed. we must not remain excluded from the sphere of interest.

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Baase, Mathabo. "Chastisement and the Consideration of African Customary Law in Child Law Matters". Constitutional Court Review 11, n. 1 (dicembre 2021): 207–28. http://dx.doi.org/10.2989/ccr.2021.0008.

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Ji, Yi, Defu Lin, Wei Wang, Shaoyong Hu e Pei Pei. "Three-dimensional terminal angle constrained robust guidance law with autopilot lag consideration". Aerospace Science and Technology 86 (marzo 2019): 160–76. http://dx.doi.org/10.1016/j.ast.2019.01.016.

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Chin, Hee-Kwon. "Communication and consideration in Confucian traditional criminal law". Northeast Asian law journal 11, n. 3 (31 gennaio 2018): 363–82. http://dx.doi.org/10.19035/nal.2018.11.3.15.

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Hun Park. "Consideration in the Education Scope of Taxation Law". Seoul Tax Law Review 13, n. 3 (dicembre 2007): 33–71. http://dx.doi.org/10.16974/stlr.2007.13.3.002.

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Kaneko, Hiroyuki. "A Consideration on Faraday’s Second Law of Electrolysis". Review of Polarography 63, n. 1 (2017): 29–36. http://dx.doi.org/10.5189/revpolarography.63.29.

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Mitchell, Dame Roma. "Consideration of gender in changes in the law". Australian Feminist Studies 1, n. 1 (dicembre 1985): 41–54. http://dx.doi.org/10.1080/08164649.1985.10382904.

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Rud, Anthony G. "Moral Consideration Regarding the Arizona Tax Credit Law". education policy analysis archives 8 (1 agosto 2000): 39. http://dx.doi.org/10.14507/epaa.v8n39.2000.

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I begin by commenting on the language used, both by the Arizona tax credit law, and by our commentators, and then turn to a discussion of a factor I believe fuels the impetus for sectarian education. I end with a consideration of questions related to the social, cognitive, and moral costs of such privatization, in contrast to a democratic commitment to education.

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Barnes, Richard. "Refugee Law At Sea". International and Comparative Law Quarterly 53, n. 1 (gennaio 2004): 47–77. http://dx.doi.org/10.1093/iclq/53.1.47.

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Coping with refugees arriving by sea is a problem that has existed for a number of years.1 Throughout this period the crux of the matter has remained the same, reconciling the humanitarian plight of refugees and asylum-seekers with the destination States' concerns about illegal immigration, mass migrations of people, and the costs of asylum. The boarding of the Tampa by Australian SAS troops in August 2001, in order to prevent the disembarkation of 433 asylum-seekers on Christmas Island, has once again brought into sharp focus the acute tension created between competing legal norms, and between moral and legal considerations. What are the rights of vessels and people in distress under the 1982 Convention on the Law of the Sea and other maritime agreements? How do commercial considerations affect the obligation to assist those in distress at sea? What are the rights of refugees under the 1951 Refugee Convention and other human rights instruments? What are the powers of a coastal State to protect itself from threats to national security in its coastal waters? This article examines the legal obligations incumbent upon coastal States and flag States in respect of asylum-seekers rescued at sea and seeks to answer these questions. It goes on to suggest that the law in respect of search, rescue, and refuge is highly unsatisfactory because a number of key obligations are poorly defined and inadequately implemented. It alsoseems clear that insufficient weight is given to humanitarian considerations. Finally, consideration is given to possible solutions to the problem.

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Muh. Iqbal Ameth, Hamsir e Fadli Andi Natsif. "A Review of Juridical and Criminological The Crime of Horrible Bodily Damage". Alauddin Law Development Journal 6, n. 1 (26 marzo 2024): 74–83. http://dx.doi.org/10.24252/aldev.v6i1.22532.

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This study aims to examine the application of material criminal law related to the crime of grievous bodily harm and the consideration of judges in determining criminal sanctions against perpetrators. Conducted in the Makassar District Court with a qualitative approach using the interview method. The results showed that the panel of judges in certain cases found the defendant guilty in accordance with Article 351 of the Criminal Code, based on the facts of the trial such as witness statements and evidence. Although the judge's decision tends to judicial considerations without specifying the background of the subjective consideration, the sanctions imposed are in accordance with the law, although they are lower than the prosecutor's demands.

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Sliva, I. I., e O. S. Makarchenko. "Reporting of public law entities". Izvestiya MGTU MAMI 7, n. 4-1 (20 febbraio 2013): 271–75. http://dx.doi.org/10.17816/2074-0530-68263.

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Calliess, Christian. "Europe as Transnational Law– The Transnationalization of Values by European Law". German Law Journal 10, n. 10 (1 ottobre 2009): 1367–82. http://dx.doi.org/10.1017/s2071832200018277.

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Values define an important link between law and culture. Giving consideration to the title of the German Law Journal's Tenth Anniversary Symposium, “The Transnationalization of Legal Cultures,” I will address how European law has affected the transnationalization of values.

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Song, Junhong, e Shenmin Song. "Robust impact angle constraints guidance law with autopilot lag and acceleration saturation consideration". Transactions of the Institute of Measurement and Control 41, n. 1 (26 marzo 2018): 182–92. http://dx.doi.org/10.1177/0142331218758885.

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In this paper, for the three-dimensional terminal guidance problem of a missile intercepting a manoeuvring target, a robust continuous guidance law with impact angle constraints in the presence of both an acceleration saturation constraint and a second-order-lag autopilot is developed. First, based on non-singular fast terminal sliding mode and adaptive control, a step-by-step backstepping method is used to design the guidance law. In the process of guidance law design, with the use of a finite-time control technique, virtual control laws are developed, a tracking differentiator is used to eliminate the ‘explosion of complexity’ problem inherent in the traditional backstepping method, and an additional system is constructed to deal with the acceleration saturation problem; its states are used for guidance law design and stability analysis. Moreover, the target acceleration is considered bounded disturbance, but the upper bound is not required to be known in advance, whereas the upper bound is estimated online by a designed adaptive law. Next, finite-time stability of the guidance system is strictly proved by using a Lyapunov method. Finally, numerical simulations are presented to demonstrate the excellent guidance performances of the proposed guidance law in terms of accuracy and efficiency.

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Persheyev, Alisher, Abdimanap Bekturganov e Roza Tokhanova. "Issues of the time limit for consideration of an administrative complaint". BULLETIN of L.N. Gumilyov Eurasian National University LAW Series 146, n. 1 (2024): 176–86. http://dx.doi.org/10.32523/2616-6844-2024-1-176-186.

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Administrative relations as an area of law is an integral aspect of modern society, regulating many relationships among its constituents. Through analysis of administrative law it has been demonstrated that its regulations determine what term should be considered when considering complaints, its implementation in other spheres of law is then assessed.This article investigates issues surrounding the timeliness of administrative complaints review processes. Particular attention is given to factors that contribute to long review processes, which in turn impact administrative efficiency. Authors discuss various legal regulations, organizational features and procedural features while pinpointing key challenges they present and ways to overcome them.According to the results of legal examination, relevant concepts are evaluated; time limits for consideration of complaints, procedures and similar requirements related to other legal areas are taken into consideration, compliance with deadlines signifies the level of importance given to protecting human rights and liberties both criminally as well as administratively.Based on its findings, this paper emphasizes the significance of adhering to time limits for administrative complaints in order to maintain fairness and efficiency of administrative procedures.

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Ungerer, Johannes. "A BIDIRECTIONAL ANGLO-GERMAN COMPARISON OF CONSIDERATION IN CONTRACT LAW". International and Comparative Law Quarterly 72, n. 1 (gennaio 2023): 251–68. http://dx.doi.org/10.1017/s0020589322000513.

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AbstractThis article explores the concept of consideration in contract law from a comparative perspective, looking at how English law and German law distinguish bargains from gifts. Contrary to the orthodoxy that consideration is unique to Common Law and absent from Civil Law, the bidirectional analysis in this article shows how English law and German law can be understood to fulfil a comparable function and can thus inform and benefit each other. The sophisticated English doctrine can be used to refine the rather imprecise German definition of gifts, whilst the understanding of English authorities can profit from reflecting inversely on the criterion of gratuitousness in German law.

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Thel, Steve, e Edward Yorio. "The Promissory Basis of Past Consideration". Virginia Law Review 78, n. 5 (agosto 1992): 1045. http://dx.doi.org/10.2307/1073393.

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Jaffey, Peter. "Failure of consideration: Roxborough v Rothmans". Modern Law Review 66, n. 2 (marzo 2003): 284–93. http://dx.doi.org/10.1111/1468-2230.6602007.

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Adams, John, e Roger Brownsword. "Contract, Consideration and the Critical Path". Modern Law Review 53, n. 4 (luglio 1990): 536–42. http://dx.doi.org/10.1111/j.1468-2230.1990.tb02835.x.

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Baharuddin, Alhamid, M. Taufan B. e Syahabuddin Syahabuddin. "Analysis of Judges’ Considerations in Deciding Judicial Divorce at the Palu Religious Court". INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 2, n. 2 (7 dicembre 2020): 1–17. http://dx.doi.org/10.24239/ijcils.vol2.iss2.18.

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The aim of this paper is to discuss Judges’ consideration in making decision in the case of judicial divorce. This study uses qualitative methods and data was gathered through observation, in-depth interviews, and written material. Data analysis was analyzed using grounded theory approach. The results showed that there were two basic considerations for judges in deciding a lawsuit for divorce at the Palu Religious Court Class 1A, namely written law and unwritten law. Written laws include Al-Qur'an, Hadith, Laws, and Compilation of Islamic Laws, while the unwritten law is the customs and values that live in society. Based on the decision Number 452/Pdt.G/2019/PA.Pal, these laws were used as the basis for the judge's consideration in deciding this case, because continual disputes and quarrels occurred between husband and wife, that resulted to the separation of residence which has lasted for about 11 months, and it is no longer possible to live in harmony in the household.

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Siems, Mathias. "The law and ethics of ‘cultural appropriation’". International Journal of Law in Context 15, n. 4 (dicembre 2019): 408–23. http://dx.doi.org/10.1017/s1744552319000405.

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AbstractCultural appropriation is often defined as the ‘taking of intellectual property, cultural expressions or artefacts, history, and ways of knowledge’. Despite this apparent link to intellectual property, legal issues are only rarely mentioned in the current debate. Thus, to start with, this paper aims to fill this gap in identifying the possible bases in existing laws that may, at least in principle, justify claims of unlawful behaviour. As far as ethical considerations are concerned, the paper then notes a deep divide between those who fully endorse the notion of cultural appropriation and those who are resolutely opposed to it. This paper aims to give fair consideration to both sides of the argument, suggesting three categories of potentially unethical conduct. On this basis, the paper finally revisits possible legal responses from a normative perspective.

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Skrypnyk, Valentyna. "The doctrine of consideration in english contract law and related legal constructions in the law of countries of the romano-german legal family". 33, n. 33 (28 giugno 2022): 83–91. http://dx.doi.org/10.26565/2075-1834-2022-33-09.

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Introduction. The article is devoted to the doctrine of consideration in Anglo-American law and similar legal constructions in the law of the countries of the Romano-Germanic legal family. On the basis of foreign studies of the doctrine of consideration, the author finds out the legal nature of this doctrine in contract law. Attention is focused on the fact that consideration is associated with the categories of interest, good, benefit, benefit, loss. It is indicated that consideration is an essential condition for the validity of any contract, including an informal one. An attempt is made to compare the doctrine of consideration with the concept of cause of transaction in the RomanoGermanic legal family, which was developed due to the reception of Roman law. Summary of the main research results. Reasonable causes as promises to carry out an exchange of certain goods brings this concept closer to the doctrine of consideration. However, the ambiguity of the term “causa” in the sources of Roman law (motive, purpose, result, basis) makes it impossible to find the origins of the doctrine of consideration in the Roman concepts of causa, as indicated in the article. The modern understanding of the cause of action as the goal that the parties seek to achieve when entering into a contract is also different from the doctrine of consideration. The author emphasizes that the Civil Code of Ukraine contains neither the doctrine of consideration nor the concept of cause. On the other hand, in the civil law of Ukraine, the category of counter is manifested in the concepts: "counter performance", "counter obligations", "counter claims". It is emphasized that Article 538 of the Civil Code of Ukraine "Reciprocal performance of an obligation" also cannot be considered an analogue of the doctrine of counter-provision, since the right to refuse to perform a counter-obligation established in this article is applied precisely at the stage of performance of the contract to obligations that are interdependent Conclusions. The author made a conclusion about the possibility and usefulness of the reception of the counterproviding doctrine and its application in national judicial practice.

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Cronin, Kathryn. "A Primary Consideration: Children's Rights in Australian Immigration Law". Australian Journal of Human Rights 2, n. 2 (settembre 1996): 195–208. http://dx.doi.org/10.1080/1323238x.1996.11910955.

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Barnett, Katy. "A Critical Consideration of Substitutive Awards in Contract Law". Modern Law Review 81, n. 6 (novembre 2018): 1064–82. http://dx.doi.org/10.1111/1468-2230.12382.

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Lin, W. W., D. J. Lee e X. F. Peng. "Condensation performance in horizontal tubes with second-law consideration". International Journal of Energy Research 25, n. 11 (2001): 1005–18. http://dx.doi.org/10.1002/er.737.

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Acharya, Shuvan. "International Agencies Affecting the Business Law". Pravaha 25, n. 1 (12 ottobre 2020): 185–89. http://dx.doi.org/10.3126/pravaha.v25i1.31965.

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International Business Law (IBL) is the law that has been deliberately working to bring the peace and justice all around the world. IBL is the grass or the parent platform that provides guideline and expertise to develop the national business law. As every country have their own set of laws with own set of rules andregulations.IBL helps to bring together with the rules and regulations that has-been built up by the incorporation and taking in the consideration of the entire world in one. It helps to bring in the individuality and makes the system easier to understand and incorporate the system in one another. IBL having the influence in the national laws plays a significant role and it is necessary for it to take all of the considerations in account while IBL encompasses all the necessary voices for the international organizations; it is equally necessary for them to take account of each laws and formation of the new laws.

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Kantaria, Saloni. "The Enforcement of Foreign Judgments in the uae and difc Courts". Arab Law Quarterly 28, n. 2 (10 luglio 2014): 193–204. http://dx.doi.org/10.1163/15730255-12341279.

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A party seeking to enforce a foreign judgment in the uae can do so through the uae local courts or the difc courts. However, each court applies different considerations in determining whether to recognise and enforce foreign judgments from countries with which the uae has no treaty. Since there are not many countries with which the uae has a bilateral or multilateral treaty, careful consideration should be given when selecting the country whose courts will have jurisdiction over any dispute as this may have a bearing on the recognition and enforcement of any judgment in the uae. This article will assist in these considerations.

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Budziszewski, J. "Tolerance and Natural Law". Revue générale de droit 29, n. 2 (18 marzo 2016): 233–38. http://dx.doi.org/10.7202/1035677ar.

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Although the practice of tolerance might appear to be endangered by the natural law, closer consideration shows that it is grounded in the natural law. By analysis we find that tolerance is a virtue of the Aristotelian type, founded on the two great pillars of right judgment in the protection of greater ends against lesser ends, and right judgment in the protection of ends against mistaken means, with the second being the more fundamental. While this analysis is new, the insights that it elaborates are old, as can be seen through consideration of the four different ways in which the medieval natural law thinker Thomas Aguinas qualified the classical idea that the purpose of law is to make men good. We conclude that although the natural law does generate a doctrine of tolerance, it does not produce a liberal doctrine of tolerance. That is, it is not based on neutrality, skepticism, abstract subjective rights, or a harm principle, whether of the generic of the John Stuart Millian variety.

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Mapareppa, Andi Kusuma, e Jawade Hafidz. "RELEASE OF ALL LEGAL DEMANDS (ONTSLAG VAN RECHT VERVOLGING) IN JUDGMENT'S CONSIDERATION". Law Development Journal 2, n. 3 (11 ottobre 2020): 331. http://dx.doi.org/10.30659/ldj.2.3.331-338.

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This study aims to identify and explain the basic position of judges' considerations in issuing a decision free from all lawsuits for the accused and to analyze the development of law, law science and legal information technology and to adjust legal theory and legal practice for the sake of a sense of justice in society. This study uses a normative juridical approach. which refers to the applicable laws and regulations by examining secondary data on the principle of legal certainty, the principle of legal justice, the principle of legal usefulness as regulated in law number 4 of 2009 concerning Judicial Power. Based on the results of this study, there are differences in the meaning or terms between a release decision and an acquittal decision. In the judge's consideration in the case decision No.627 / Pid / Sus / 2018 / PN.Smg, in his consideration the judge stated that the defendant's actions were proven but not a criminal act as in the indictment of the public prosecutor and in accordance with the Semarang District Court judge in imposing a crime having considered juridical, sociological and philosophical considerations, in deciding the decision to be released from all lawsuits (ONTSLAG van RECHTVERVOLGING) based on article 191 paragraph (2) of the Criminal Procedure Code, which reads "If the court is of the opinion that the act of which the defendant is accused is proven, but the act does not constitute a criminal act, then the defendant is acquitted of all lawsuits ”.

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Y, Anastasya, e Rr Aline Gratika Nugrahani. "DIHIDUPKANNYA KEMBALI PATEN NOMOR IDP000028054 BERDASARKAN UNDANG-UNDANG PATEN". AMICUS CURIAE 1, n. 1 (19 marzo 2024): 374–83. http://dx.doi.org/10.25105/amicus.v1i1.19592.

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Abstract (sommario):

A right to a Patent may be removed for certain reasons. In the case of a Patent IDP000028054 in the form of a U Profile is abolished because the owner of the Patent is considered negligent in making payment of the annual fee of the Patent. So the issue that arises is whether the judge's reasons and considerations in the deletion of the U Profile Patent are in accordance with the Patent Law and whether the judge's consideration of the revival of the U Profile Patent that has been abolished is in accordance with Article 141 of the Patent Law. In order to answer this problem, normative research is carried out which is descriptive analysis sourced from secondary data taken through document and literature studies. Data processing is carried out qualitatively, then conclusion making is carried out using deductive logic methods.As per the analysis of this ruling, it is known that the deletion of the U Profile Patent is unlike the applicable provisions under the Patent Law and the judge's consideration relating to the revival of the U Profile Patent is in accordance with the Patent Law

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Dudás, Gábor János, András György Kovács e Márton Schultz. "Personal Data as Consideration". Santander Art and Culture Law Review 9, n. 2 (13 dicembre 2023): 215–42. http://dx.doi.org/10.4467/2450050xsnr.23.029.18649.

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Abstract (sommario):

This article argues that personal data may have a commercial value in the European legal systems, and as such it can function as a consideration and has a quid pro quo character. It claims that the European Data Protection Board (EDPB) should not exclude that data concerning the data subject can be used as contractual consideration, especially in the world of the Internet. In particular, it cannot be excluded solely on the basis that the right to privacy is not transferable, a position taken thus far in the EDPB’s practice. This proposed new approach is supported by the fact that in some EU Member States the property aspects of the general right of personality have been recognized, a stance which may also apply to personal data, without the need to recognize a kind of data ownership or sui generis intellectual property right in the data. Thus, the theory of commercial aspects of personality rights can be linked to the commercial value of personal data. The quid pro quo function of personal data may also be recognized in line with the provisions of the General Data Protection Regulation (GDPR). In fact, maintaining the interpretation of the EDPB – which denies the quid pro quo character of personal data from a fundamental rights perspective – means that the dangers of such data processing cannot be assessed. This affects cultural heritage in many aspects – from the sending of newsletters to selling merchandise products in museums. The EDPB’s guidelines, as soft law, have no direct impact on the case-law of the national courts, thus this also significantly increases the risk of a collision between the simultaneously available remedy regimes established by the GDPR.

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40

Prameswari, Ajeng Trisna, e Kristiyadi Kristiyadi. "ANALISIS PERTIMBANGAN HAKIM TIDAK TERPENUHINYA UNSUR MEMPERKAYA DIRI DALAM PUTUSAN NOMOR 18PID.SUS-TPK2022PN SMG". Verstek 10, n. 4 (11 luglio 2023): 727. http://dx.doi.org/10.20961/jv.v10i4.72715.

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Abstract (sommario):

This research is to determine the suitability of the judge's considerations with Law no. 31 of 1999 Jo Law no. 20 of 2001 concerning the Eradication of Corruption Crimes for not fulfilling the element of self-enrichment in Decision Number 18/Pid.Sus-TPK/2022/PN SMG. This research uses normative legal research methods that are applied. This study uses a case approach or case approach. The types of legal material used include primary and secondary legal source materials, while the technique of collecting legal materials in analyzing decisions uses literature study techniques and research methods use syllogistic methods. The results of the research and discussion show that the judge's considerations are not in accordance with the provisions of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crime because the judge gives the consideration that the element of enriching oneself is not fulfilled due to the small nominal, the Judge decides with a lighter decision than a lawsuit. Meanwhile, the Defendant was proven to have increased his wealth with the proceeds of corruption so that this did not comply with the provisions of the Law on the Eradication of Criminal Acts of Corruption.Keyword: <a href="/verstek/article/view/72715">Enrich Yourself; Judge's Consideration; Corruption Crime</a>

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41

Sands, Philippe, e Caroline Blatch. "Estuaries in European Community Law: Defining Criteria". International Journal of Marine and Coastal Law 13, n. 1 (1998): 1–22. http://dx.doi.org/10.1163/157180898x00012.

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AbstractIn 1996, the English High Court quashed the Secretary of State's decisions to designate the Humber and Severn bridges as the outer limits of the Humber and Severn Estuaries, for the purposes of implementing the 1991 EC Directive on Urban Waste Water Treatment. The judicial review centred around the meaning of the term "estuary" which, although well established in scientific literature, has apparently never been subject to judicial consideration in EC or international law. In the absence of a clear definition of an estuary, the court held that in designating these bodies of water under the Directive, the government must take into account all the relevant circumstances relating to their objective characteristics-including salinity and topography-having regard to the purpose of the Directive. Economic considerations may not, however, be taken into account in this exercise, in the absence of express provision in the Directive to that effect.

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42

Sullivan, George M., e Edward J. Harrick. "Race harassment: The Supreme Court's initial consideration". Liverpool Law Review 10, n. 2 (1988): 167–84. http://dx.doi.org/10.1007/bf01082756.

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43

Stowe, Hugh. "Restitution and Failure of Consideration in Australia". Cambridge Law Journal 52, n. 3 (settembre 1993): 384–87. http://dx.doi.org/10.1017/s0008197300099876.

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44

Chng, Kenny, e Yihan Goh. "A renewed consideration of consideration: MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2016] EWCA CIV 553". Oxford University Commonwealth Law Journal 16, n. 2 (2 luglio 2016): 323–32. http://dx.doi.org/10.1080/14729342.2016.1274128.

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45

Vasilieva, Larisa Gennadyevna. "ON COURT CONSIDERATION OF CRIMINAL BRIBERY CASES IN HIGHER EDUCATION". Вестник Института права Башкирского государственного университета, n. 2(22) (2024): 29–37. http://dx.doi.org/10.33184/vest-law-bsu-2024.22.3.

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46

LIU, Qiao. "Chinese ‘Case Law’ in Comparative Law Studies: Illusions and Complexities". Asian Journal of Comparative Law 14, S1 (7 agosto 2019): S97—S117. http://dx.doi.org/10.1017/asjcl.2019.1.

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Abstract (sommario):

AbstractChinese court cases have attained increasing importance in recent studies of Chinese law, but remain insufficiently understood. In this article, I demonstrate why Chinese court cases should be given more weighty consideration in comparative studies involving Chinese law as a comparator, and how such cases, particularly ‘Guiding Cases’ and ‘Gazette Cases’ (which are published in the official Gazette of the Supreme People's Court), should be properly dealt with and assessed in view of the complexity of the court case system in China.

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47

Ling, Philip Chie Hui, Cher Siang Tan, Yeong Huei Lee e Yong Eng Tu. "DESIGN CONSIDERATION OF CONTAINER SHELTER IN MALAYSIA". Jurnal Teknologi 83, n. 5 (1 agosto 2021): 1–7. http://dx.doi.org/10.11113/jurnalteknologi.v83.16774.

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Freight container can become a potential candidate for shelter provision to resolve the housing crisis from increasing refugee population. Currently the freight container is made in accordance with ISO standard, but for living purpose other consideration must be included, especially the requirement from local government. This paper aims to investigate the design consideration of container shelter from legislative perspective in Malaysia. Uniform Building By-Law 1984 was referred, and ventilation, structural and fire requirement of by-law were compared with ISO standard for freight container. Suggestions were made to ensure the structural and legal integrity of container shelter in Malaysia. Potential container building concept was proposed based on design suggestion.

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48

Yocheva, Katerina. "Case-law of the Court of Justice of the European Union with regard to the European Citizen’s Initiative". Yearbook of the Law Department 10, n. 11 (30 dicembre 2021): 152–65. http://dx.doi.org/10.33919/yldnbu.21.10.6.

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Abstract (sommario):

Under consideration in the present article is the case-law of the Court of Justice of the European Union (General court and Court of Justice) in the period 2012–2022 with regard to the European Citizen’s Initiative (ECI). On the first hand under consideration is the relevant case-law of the General court regarding cases about ECI, and on the second hand there is consideration of the respective Court of Justice’s case-law with regard to judgments of the General court that have been appealed before that higher jurisdiction.

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Abbasi, Mahmood, e Nazli Mahmoodian. "Jurisprudence-Legal Consideration of Single-Status Childbearing". International Journal of Medical Toxicology and Forensic Medicine 10, n. 3 (13 ottobre 2020): 32553. http://dx.doi.org/10.32598/ijmtfm.v10i3.32553.

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Abstract (sommario):

Background: Among the achievements of modern fertility technologies available to contemporary humans, we could mention the freezing technique to fertility preservation, and subsequently, unmarried childbearing. The only way for having children was having sexual intercourse with the opposite gender in the past years; however, with the advent of this technology, even without such a relationship, it is possible to have a child. This process could be termed unmarried childbearing or single-status fertilities. This is one of the resent subjects in medical fertility; however, there is no research in this field, in Iran. Methods: This was an applied and theoretical research in the theology field; thus, no research material was implemented. The main method of this research was the bookcase approach. Result: In countries such as the USA, UK, and Australia, where there are more coherent laws about employing modern fertility techniques, this issue is addressed and specific laws exist in this regard. However, despite widespread use of this technique in Iran, we have no law in this respect except for the Fetal Donation Act of 2003, which only covers the general issues. In other words, the social fertility mandate has remained silent given permission, prohibition, and its conditions and effects on the child lineage in Iran's laws. Freezing gametes is practiced in our country for a wide range. Besides, single-status fertility is occurring worldwide. Accordingly, this seems to be among the problems facing our society, and may also be illegally conducted in some cases, in Iran. In Islamic law, the permissible instances of reproductive rights include births through marriage, not otherwise, as well as births employing reproductive aids in terms of meeting the Islamic law. On the other hand, some individuals believe that this case can be regarded as some kind of inoculation with the involvement of a donor agency, and some jurists have voted to allow it. Therefore, these jurists explicitly accepted the use of donor gamete in the form of marital relations. The legislature of the Islamic Republic of Iran also emphasizes on donation to lawful couples in the law of donation approach. Therefore, using donated gametes for childbearing is excluded in singles. Additionally, Judaism and all branches of Christianity, except for the liberal protestant denomination prohibit unmarried childbearing. While the approach to the issue differs from one country to another, the USA Supreme Court has recognized and protected free relationships, family formation, and decisions on births, as freedom rights. The UK law has subjected the provision of services to single women to the welfare of children resulting from the process. However, in France, the provision of infertility treatment services to single individuals is prohibited. According to Australia law, any single or heterosexual individual without receiving medically-assessed services, i.e., referred to as ‘‘clinically infertile’’ cannot use this technology for having children. Conclusion: In some countries, like the USA, bearing a child at a single status is legal; however, in some other regions, like the UK and Australia, it is permitted under special conditions. In some countries, like France, this action is prohibited. There is no law about this matter in Iran. The 167 article of the constitution addresses considering the Islamic verses and narrations on preserving the destination of the generation or acquiring the benefits and disposing of the corruption. In conclusion, the only way to have a child and to realize the principle of reproduction is permitted in the framework of religious marriage; thus, bearing a child at a single status is illegal and prohibited, in Iran.

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50

Greenfield, Patricia A. "How Do Arbitrators Treat External Law?" ILR Review 45, n. 4 (luglio 1992): 683–96. http://dx.doi.org/10.1177/001979399204500405.

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Abstract (sommario):

This study examines arbitrators' treatment of external law in 106 cases decided between January 1980 and June 1985 in which at least one of the parties had filed an unfair labor practice charge with the NLRB. The author finds that although approximately half of the arbitrators cited external law in their opinions —more than would be assumed from the literature —most of these arbitrators engaged in only cursory or conclusory consideration of relevant external law. Other findings are that few arbitrators explicitly refused to consider external law, and the rate of arbitral consideration of external law did not change in response to a 1984 NLRB decision that made it more likely that the NLRB would defer to an arbitrator's decision.

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