Search

And, in conclusion. Writing an academic paper represent an integral part of the scientific call and is one of the most difficult calls. Search the whole man, engaged all his thoughts, mental and physical strength. At the same time, should bear in mind, that creativity provides joy, and especially scientific research and writing. Bearing in mind the beautiful thoughts of the call of scientists, we think that this call must be deserved, and this is possible only by persistent and consistent scientific research on a certain topic performed by persons who showed talent and interest during the studies in dealing with the scientific work. Old and well-known truth that nothing is created without the diligence and persistence: every great scientific work is the result of personal gift, inspiration, creative verve as well as intensive work, diligent and exceptional effort; great and long-term thinking, from the selection of topics, work-plan, introduction and development of conclusions. Presented conclusion is confirmed with Schopenhauer the differentiation of three types of writers: first that are largest group, writes without thinking: by memory, rewrite directly from others’ books; second group, who are frequent, think while write, they think „they could write“; and the third group, that are rare, they thought before they started to write; they have something to pass on to readers, some experience, a thought. Real writer tends to fall in the last category.

It is no exaggeration to say that for all its progress and transformation, material and spiritual, humanity has to thank first of all science, scientific creativity and research. Without the development of science there can be no progress or prosperity of a country and people. Science is a great ornament as he said a great French thinker Montaigne, who also added that she was at the same time and the tool that helps us surprisingly. Research call one of the highest that man can call himself the desire and choose. Anyone who added on a case even grain amount of knowledge and repository of knowledge that already exists, has done something significant in life. In addition, we should not lose sight of any deep, unalloyed joy that gives each creation, and especially scientific research and writing. Research call one of the toughest calls. It requires the whole man, attracts all his thoughts, and engage all its spiritual and physical strength. Necessary properties of a scientist are extraordinary diligence, strong will and patience, developed the capacity of thinking, intense attention, deep concentration, built habits of discipline and accuracy, broad general culture in a specific scientific area and discipline, and mastery of the methodology and scientific disciplines and fields, and above all the creative imagination.

The article discusses the existence of shell companies or those devoid of physical or human substance, as a problem issue in the international economic order as of April 2019. Topics covered include such companies' place of incorporation legalistic treatment in private law, and the global competition for incorporation services and misuse of corporate personality. Also noted is the need to view private laws on the national level as they can lead to poor outcomes in various jurisdictions.

The EU Biocidal Products Regulation (BPR) regulates the placing on the market and use of biocidal products. Biocidal products require an authorisation before they can be placed on the market. The active substances contained in the biocidal product must be approved beforehand. Questions repeatedly arise about the distinction between biocides and cleaning agents/detergents and about certain labelling obligations. In particular the question of how products are claimed and marketed, and which factors may lead to a cleaning product having to be authorised as a biocide under the BPR. Due to a lack of clarity in the regulations and the non-availability of guidelines, especially in borderline areas, this article attempts to differentiate between cleaning agents and a biocide application with a concrete example from the pulp and paper industry and to illustrate which circumstances are relevant. [ABSTRACT FROM AUTHOR]

Copyright of An-Najah University Journal for Research, B: Humanities is the property of An-Najah National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The compatibility in terms of domestic systems that embed specific values of particular legal traditions is a critical determinant of international cooperation. We analyze international cooperation on professional qualifications because a domestic qualification system best showcases its distinct approach to social governance. Civil law states, which value written rules and certainty, use paper examinations as a core component of competency assessment of professionals, and upon international cooperation they opt to harmonize paper examinations. Common law states regard track record as important in assessing competence, and they often mutually allow professionals from partner states who have a good track record to practice in their territory. Cooperation between civil and common law states is possible when both parties make a conscious effort to align their domestic systems. In this case, an international mechanism has features of harmonization and mutual recognition. We also consider how to generalize the findings to explain states' attitude toward inter-governmental organizations in general. [ABSTRACT FROM AUTHOR]

The article presents the discussion on addressing the need for empirical data regarding the legal system's responses to child abuse and neglect. Topics include implementation and effectiveness of law enforcement strategies for identifying, investigating, and clearing cases of child maltreatment and child trafficking; and treatment to poor legal outcomes such as involvement in juvenile delinquency or adult criminality.

This Article critically explores the notion of legal empowerment and adds to the existing efforts to conceptualize and measure legal empowerment. Our thesis is that legal empowerment should be sought not in the process of providing legal solutions but in the subjective self-belief that a person possesses. This belief concerns an individual's perception of his ability to mobilize the necessary resources, competencies, and energies to solve particular problems of a legal nature. This model rejects the existence of an overall quantity of legal empowerment. People's beliefs in their abilities to solve legal problems differ by type of problem, distribution of power in important relationships, social support infrastructure, language, and many other factors. We propose a measurement framework in which the model of task-specific subjective legal empowerment is estimated through a probabilistic assessment of perceived capabilities to sort out problems from everyday life, which normally could be resolved with legal means. Validity of the tool is assessed through application to convenience samples of beneficiaries of Non-Governmental Organizations (NGOs) providing legal aid to vulnerable people in Azerbaijan, Mali, Rwanda, Egypt, and Bangladesh. The results suggest that subjective legal empowerment is an observable and measurable psychological state. The major policy implication from this proposed model of subjective legal empowerment is that it could be used as a measurable benchmark for assessing the impact of diverse legal interventions on the subjective legal empowerment of individuals and social groups. [ABSTRACT FROM AUTHOR]

Various reasons explain why Europe lags behind the United States in empirical legal studies. One of them is a scarcity of available data on judicial decision making, even at the highest levels of adjudication. By institutional design, civil‐law judges have lower personal profiles than their common‐law counterparts. Hence very few empirical data are available on how courts are composed and how that composition changes over time. The present project remedies that by easing access to such data and lowering the threshold for empirical studies on judicial behavior. This paper introduces the German Federal Courts Dataset (GFCD) as a resource for empirical legal scholars, with the objective of inspiring more European lawyers to engage with empirical aspects of civil‐law adjudication. To that end, several thousand pages of German court documentation were digitized, transcribed into machine‐readable tables (ready to be imported into statistics software), and published online (www.richter-im-internet.de). To simultaneously explore innovative ways of sharing public‐domain datasets, the data were modeled as linked open data and imported into the Wikidata repository for use in any computational application. [ABSTRACT FROM AUTHOR]

This paper analyses the application of force majeure, the principle of change of circumstances, and the doctrine of frustration in the context of the COVID-19 pandemic in New Zealand and China. The paper will first outline the general legal test and legal consequences of the three doctrines. Secondly, the paper will discuss the legal tests and legal consequences of the three doctrines specifically in New Zealand and China and in the context of COVID-19. Thirdly, the paper will discuss the similarities and differences between the three doctrines. In the second part of this paper, the paper will discuss how the three doctrines apply to commercial lease cases in the context of COVID-19. The paper will select two commercial lease cases in New Zealand and China to analyse the robustness of all three legal doctrines in providing practical workable solutions for tenants and landlords during government-imposed lockdowns and enforced closures of leased premises. The paper illustrates how the differences in the legal tests, legal consequences and underlying rationales of the doctrines result in different outcomes of a case. The paper concludes that the doctrines each have their strengths and weaknesses and other civil and common law countries can learn from the experiences of China and New Zealand. Furthermore, the paper suggests that courts should carefully consider the relevant facts and circumstances of a case when applying legal doctrines. Moreover, courts need to strike the right balance between doing the victims of unforeseen circumstances and upholding the principle of the sanctity of contract. The analysis of the three doctrines is particularly useful in this day and age where there is a high likelihood of the occurrence of another pandemic-level event and causing unprecedented disruptions to the commercial world. Moreover, the research has provided tenants and landlords with a good starting point as to how to protect themselves in the event of an unforeseen event. [ABSTRACT FROM AUTHOR]

Purpose: This paper aims to examine the extent to which these reforms address the limitations of Saudi Arabia's previous investment framework. Long viewed as a hostile environment in which to do business, the Saudi Government has enacted a broad sweep of measures aimed at restoring investor confidence in central aspects of the country's evolving private law framework. Design/methodology/approach: This paper offers a timely assessment of the raft of foreign investment reforms, both legislative and regulatory, that have been introduced in Saudi Arabia over the last decade. Findings: The paper will proceed by outlining the perceived failings of the old investment regime before going on to reforms. Originality/value: It will consider the remaining obstacles to the flow of foreign investment in Saudi Arabia in the context of the dual forces that have historically defined the Kingdom's ambivalent investment law regime. [ABSTRACT FROM AUTHOR]

This paper delves into the historical roots of consumer protection in European legal history, looking beyond its contemporary association with EU regulations from the mid-70s. It explores buyer-seller dynamics, prevalent in both ancient and post-industrial societies, with a particular focus on ancient Rome. Specifically, it studies the need to shield buyers, as the vulnerable party, in sales contracts with professional sellers. It also examines who qualified as a consumer in ancient European legal history and compares it to the contemporary definition in European private law. The first section explores the position of the consumer in ancient Roman society, analyzing legal and non-legal sources to uncover measures aimed at enhancing consumer rights against professional sellers. The role of the curule aediles, particularly their legal innovations in buyer protection, is scrutinized. The paper then transitions to EU law, specifically examining the definition of consumers in Directive 1999/44/EC and the subsequent changes introduced in Directive (EU) 2019/771. The paper concludes with a proposal for a unified definition of consumers at the EU level, drawing insights from the ancient Roman society. It questions the feasibility of crafting a comprehensive consumer definition applicable across directives to foster consistency in consumer protection laws. In essence, the paper explores the historical inception of consumer protection, its current status in contemporary law, and suggests a forward-looking proposition for the future. [ABSTRACT FROM AUTHOR]

Copyright of AIS: Ars Iuris Salmanticensis is the property of Ediciones Universidad de Salamanca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper aims to determine the legal position of laws that use the omnibus method in the system of laws and regulations in Indonesia. The focus of the research focused on the legal position of laws using the omnibus method in terms of the provisions of Article 97A of the Law on the Establishment of Laws and Regulations. Using the normative juridical method through literature study, this paper concludes that with the characteristics of laws that use the omnibus method based on the regulations in Article 97A of the Law on the Establishment of Laws and Regulations, these provisions result in inconsistencies in norms with the provisions of the hierarchy of laws and regulations regulated by Article 7 paragraph (1) and paragraph (2), provision number 223 Annex II Law on the Establishment of Laws and Regulations, as well as deviating the principle of legal preverence, namely the principle of lex posterior derogate legi priori. The vagueness and inconsistency in the formulation of Article 97A norms results in legal uncertainty, thus contradicting the guarantee of legal certainty as mandated by Article 28D paragraph (1) of the NRI Constitution of 1945. [ABSTRACT FROM AUTHOR]

The debate over the Uniform Civil Code (UCC) is mired in the conflict between the right to freedom of religion and the right to gender-based equality. The retraction of the UCC also hinges on legal pluralism. This paper argues for shifting the foci of the debate towards gender-based violence as rightly suggested by the feminist argument in India. In order to do so, this paper argues that the debate over the UCC needs to be restructured around the Due Diligence Obligation (DDO) to the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). This paper presents the argument that the absence of a UCC creates a normative vacuum that is currently filled by an intersubjective climate on patriarchy which primes the average Indian mindset. This intersubjective mindset requires to be replaced by the normative language of the DDO to the CEDAW. This process of norm effectuation also ties into the question of how international norms are implemented in domestic contexts and reiterates the causal chain propounded therein. [ABSTRACT FROM AUTHOR]

The article presents abstracts of papers given at the 25th Annual Conference of the Scottish Legal History Group. They include "Thoughts on Wrang and Unlaw," "The Application of Canon Law in Medieval Scotland, in Light of the Evidence of the Registers of the Sacra Apostolica Penitenzieria," and "Civil Procedure, Appeal and Advocation in the Court of Session in Sixteenth-Century Scotland."