Artykuły w czasopismach: „Consideration (Law)”

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강창보 i kim yeu-sun. "Consideration About House Lease Law of Japan". 법과정책 20, nr 2 (sierpień 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, nr 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, nr 1 (2005): 1. http://dx.doi.org/10.1628/0033725054397480.

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

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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, nr 2 (28.03.2019): 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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Jumadi, Jumadi, i Indrajaya Indrajaya. "Pertimbangan Hakim Menjatuhkan Hukuman Pidana Bersyarat terhadap Pelaku Tindak Pidana Narkotika". Wajah Hukum 6, nr 2 (14.10.2022): 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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Bilalu, Naskur, Ridwan Jamal, Nurlaila Harun i 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, nr 2 (3.10.2022): 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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Baase, Mathabo. "Chastisement and the Consideration of African Customary Law in Child Law Matters". Constitutional Court Review 11, nr 1 (grudzień 2021): 207–28. http://dx.doi.org/10.2989/ccr.2021.0008.

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Ji, Yi, Defu Lin, Wei Wang, Shaoyong Hu i Pei Pei. "Three-dimensional terminal angle constrained robust guidance law with autopilot lag consideration". Aerospace Science and Technology 86 (marzec 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, nr 3 (31.01.2018): 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, nr 3 (grudzień 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, nr 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, nr 1 (grudzień 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 (1.08.2000): 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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Ivanova, Biljana, i Aleksandar Savić. "Theoretical consideration of citizen's income tax". Ekonomski izazovi 11, nr 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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Barnes, Richard. "Refugee Law At Sea". International and Comparative Law Quarterly 53, nr 1 (styczeń 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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Sliva, I. I., i O. S. Makarchenko. "Reporting of public law entities". Izvestiya MGTU MAMI 7, nr 4-1 (20.02.2013): 271–75. http://dx.doi.org/10.17816/2074-0530-68263.

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Thel, Steve, i Edward Yorio. "The Promissory Basis of Past Consideration". Virginia Law Review 78, nr 5 (sierpień 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, nr 2 (marzec 2003): 284–93. http://dx.doi.org/10.1111/1468-2230.6602007.

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

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Calliess, Christian. "Europe as Transnational Law– The Transnationalization of Values by European Law". German Law Journal 10, nr 10 (1.10.2009): 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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Ungerer, Johannes. "A BIDIRECTIONAL ANGLO-GERMAN COMPARISON OF CONSIDERATION IN CONTRACT LAW". International and Comparative Law Quarterly 72, nr 1 (styczeń 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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Song, Junhong, i Shenmin Song. "Robust impact angle constraints guidance law with autopilot lag and acceleration saturation consideration". Transactions of the Institute of Measurement and Control 41, nr 1 (26.03.2018): 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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Cronin, Kathryn. "A Primary Consideration: Children's Rights in Australian Immigration Law". Australian Journal of Human Rights 2, nr 2 (wrzesień 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, nr 6 (listopad 2018): 1064–82. http://dx.doi.org/10.1111/1468-2230.12382.

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

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Siems, Mathias. "The law and ethics of ‘cultural appropriation’". International Journal of Law in Context 15, nr 4 (grudzień 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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Sullivan, George M., i Edward J. Harrick. "Race harassment: The Supreme Court's initial consideration". Liverpool Law Review 10, nr 2 (1988): 167–84. http://dx.doi.org/10.1007/bf01082756.

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

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Baharuddin, Alhamid, M. Taufan B. i Syahabuddin Syahabuddin. "Analysis of Judges’ Considerations in Deciding Judicial Divorce at the Palu Religious Court". INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 2, nr 2 (7.12.2020): 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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Acharya, Shuvan. "International Agencies Affecting the Business Law". Pravaha 25, nr 1 (12.10.2020): 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, nr 2 (10.07.2014): 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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Chng, Kenny, i 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, nr 2 (2.07.2016): 323–32. http://dx.doi.org/10.1080/14729342.2016.1274128.

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Budziszewski, J. "Tolerance and Natural Law". Revue générale de droit 29, nr 2 (18.03.2016): 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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Cruz, S. P. de. "Assumpsit, consideration and third party rights". Journal of Legal History 7, nr 1 (maj 1986): 53–67. http://dx.doi.org/10.1080/01440368608530852.

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Mapareppa, Andi Kusuma, i Jawade Hafidz. "RELEASE OF ALL LEGAL DEMANDS (ONTSLAG VAN RECHT VERVOLGING) IN JUDGMENT'S CONSIDERATION". Law Development Journal 2, nr 3 (11.10.2020): 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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Sands, Philippe, i Caroline Blatch. "Estuaries in European Community Law: Defining Criteria". International Journal of Marine and Coastal Law 13, nr 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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LIU, Qiao. "Chinese ‘Case Law’ in Comparative Law Studies: Illusions and Complexities". Asian Journal of Comparative Law 14, S1 (7.08.2019): S97—S117. http://dx.doi.org/10.1017/asjcl.2019.1.

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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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Ling, Philip Chie Hui, Cher Siang Tan, Yeong Huei Lee i Yong Eng Tu. "DESIGN CONSIDERATION OF CONTAINER SHELTER IN MALAYSIA". Jurnal Teknologi 83, nr 5 (1.08.2021): 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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Greenfield, Patricia A. "How Do Arbitrators Treat External Law?" ILR Review 45, nr 4 (lipiec 1992): 683–96. http://dx.doi.org/10.1177/001979399204500405.

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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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Nurmagambetov, Amanzhol Magzumovich. "PROCEDURAL ASPECTS OF LABOR LAW: THE EXPERIENCE OF UZBEKISTAN AND KAZAKHSTAN". American Journal of Political Science Law and Criminology 04, nr 02 (1.02.2022): 27–30. http://dx.doi.org/10.37547/tajpslc/volume04issue02-05.

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This article discusses issues related to the consideration of labor disputes, which are one of the important institutions of labor law. In this regard, the labor legislation of both states is analyzed. When highlighting the procedural aspects of labor law, the opinions of scientists are taken into account. A proposal has been developed for further improvement of legislation related to the consideration of labor disputes in the labor market of Uzbekistan.

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Abbasi, Mahmood, i Nazli Mahmoodian. "Jurisprudence-Legal Consideration of Single-Status Childbearing". International Journal of Medical Toxicology and Forensic Medicine 10, nr 3 (13.10.2020): 32553. http://dx.doi.org/10.32598/ijmtfm.v10i3.32553.

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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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AKSENOVA, MARINA. "Symbolism as a Constraint on International Criminal Law". Leiden Journal of International Law 30, nr 2 (3.01.2017): 475–99. http://dx.doi.org/10.1017/s0922156516000741.

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AbstractInternational criminal law is being pulled in different directions by various conflicting considerations – deterrence, retribution, justice for victims, reconciliation, and setting the historical record. This trend is detrimental to the survival of the system as it erodes coherence and undermines its legitimacy. One may suggest that international criminal law needs a principle objective to bring order to the system. This article argues that while this statement may be true, it is equally important to have a discussion about pragmatic policy choices underlying the system. Acknowledging that the role of international criminal law is symbolic assists with constraining over-ambition implicit in the discipline. Treating symbolism as a policy consideration places necessary checks on other goals proclaimed by international courts and UN executive bodies and also serves as a tool informing the exercise of discretion in international criminal law.

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SWAMINATHAN, Shivprasad. "Eclipsed by Orthodoxy: The Vanishing Point of Consideration and the Forgotten Ingenuity of the Indian Contract Act 1872". Asian Journal of Comparative Law 12, nr 1 (2.05.2017): 141–65. http://dx.doi.org/10.1017/asjcl.2017.5.

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AbstractThe definition of consideration in Section 2(d) of the Indian Contract Act 1872 substantially anticipated the far-reaching reforms to the orthodox doctrine of consideration that were proposed by the English Law Revision Committee (1937). These included making enforceable, through the doctrine of promissory estoppel, promises without consideration in the traditional sense that were meant to and did induce reliance; making enforceable a promise to perform a pre-existing duty; and making binding a promise to keep an offer open. The pivots of the definition in Section 2(d) were: a ‘subjective’ conception of consideration on which value was to be measured by the desire of the contractors alone, as opposed to an external standard; a concomitant purging of the traditional requirements of benefit and detriment; and the recognition of induced reliance as a form of consideration. The definition was designed to mark the vanishing point of consideration without having to formally abolish it. This design, however, went awry as courts and scholars in India projected the orthodox English model of consideration, replete with benefit and detriment, and external standards of value, upon this provision. Consequently, an ingenious piece of draftsmanship came to be eclipsed by orthodoxy.

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Karisoh, Fernando J. M. M., Caecilia J. J. Waha, Jemmy Sondakh i Emma V. T. Senewe. "The Court Ruling Regarding Gender Change in Human Rights Law". Journal of The Community Development in Asia 4, nr 3 (20.09.2021): 79–91. http://dx.doi.org/10.32535/jcda.v4i3.1183.

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The phenomenon of gender change in Indonesia shows that many people want to change their gender. This study aims to examine and analyze legal arrangements in the field of human rights regarding gender change, the implementation of court decisions in Indonesia regarding gender change and the effect of the formation of laws and regulations that specifically regulate gender change on court decisions in Indonesia. Normative research carried out by means of law, conceptual and case approaches. The results showed international agreements and national legislation have not specifically regulated gender change. The court ruling is based on consideration of the results of the medical examination and legal considerations. The establishment of legislation in particular can strengthen court ruling.

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Tan, Ming Ren. "CONTRACTUAL VARIATIONS: LONG LIVE THE DOCTRINE OF CONSIDERATION?" Cambridge Law Journal 80, nr 2 (lipiec 2021): 235–38. http://dx.doi.org/10.1017/s0008197321000386.

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Hanigsberg, Julia E. "Homologizing Pregnancy and Motherhood: A Consideration of Abortion". Michigan Law Review 94, nr 2 (listopad 1995): 371. http://dx.doi.org/10.2307/1289842.

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Mielitz, Katherine S., i Catherine Marcum. "A Consideration for Increasing Post-Release Financial Success". American Journal of Criminal Justice 45, nr 5 (10.01.2020): 955–69. http://dx.doi.org/10.1007/s12103-019-09515-2.

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Virgo, Graham. "Withdrawal from Illegal Transactions—A Matter for Consideration". Cambridge Law Journal 55, nr 1 (marzec 1996): 23–26. http://dx.doi.org/10.1017/s0008197300097671.

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Samuels, Alec. "Surrogacy and the law: Possible reforms". Medico-Legal Journal 88, nr 3 (21.05.2020): 144–47. http://dx.doi.org/10.1177/0025817220923688.

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A consideration of the concept, law and practice of surrogacy, and the merits and demerits of the concept. A discussion of payments, foreign surrogacies, delay in finality, and the need for control and regulation.

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