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.

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.)

Introduces papers from a conference focused on the bijural programs of Louisiana State University Law Center and McGill University Faculty of Law. The programs educate all first-degree law students in both the common law and civil law traditions, preparing them for the increasing globalization of legal practice. (EV)

Copyright of CEPS Journal is the property of University of Ljubljana, Faculty of Education 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.)

Explores a text by Rene David relating to the teaching of comparative law and the comparative teaching of law. Discusses bijural education as a way to comprehensively teach the civil and common law traditions. Addresses construction of a bijural curriculum and skills of comparative law teaching. (EV)

Explores why bijuralism as a pedagogical strategy is not enough if globalization is to turn from ideal into reality, but asserts that, nevertheless, it will instill a certain intellectual curiosity of still other forms of legal life, and a sensibility that may result in a better understanding of these other forms. (EV)

Using the example of McGill University's bijural program, explores how teaching the common and civil law traditions together provides an opportunity to teach in law's "cosmos" rather than its "empire," so that a bijural legal education can plainly and confidently ally itself with the great university tradition of prizing knowledge over information. (EV)

Discusses why bijural legal education is a positive development. Describes a joint-degree law program at the University of Paris that offers some of the same benefits. (EV)

Offers an elementary two-legal-jurisdiction analysis using conventional economic assumptions, exploring how and why a distinctive body of legal doctrine comes into being. Asserts that elementary economic theory offers the simplified answer that the legal doctrine will take the shape it does because it is efficient for the group that adopts it. (EV)

Documents how the introduction of an integrated (or bijural) approach to the teaching of the civil and common law at Louisiana State University in 2001, as at McGill University in 1999, represents a restoration of a way of thinking about law that was not uncommon in 19th-century Louisiana and Quebec. (EV)

Describes the bijural program of Louisiana State University Law Center. The program educates all first-degree law students in both the common law and civil law traditions, preparing them for the increasing globalization of legal practice. (EV)

Describes the bijural program of McGill University Faculty of Law. The program educates all first-degree law students in both the common law and civil law traditions, preparing them for the increasing globalization of legal practice. (EV)

It is generally accepted that law consists of two main domains -- private and public. At the same time, there is clear scepticism about the sharp separability of these domains. The problem of distinguishing private and public law is undoubtedly also a problem of public administration and its implementation as it is possible that the public purpose will also be fulfilled by private law norms. In addition, there may be legal institutes that combine more or less the norms of public and private law, for which the designation of hybrid legal institutes seems appropriate. However, such institutes may present some difficulties associated with legal dualism. The aim of this two-part paper (within its limited scope) is to provide a basic introduction to the issue of socalled hybrid legal institutes. In the first part of the paper, besides some general background, the text presents a triad of such institutes that are applied in the context of public administration and for which some debate over their legal nature could be observed in the domestic literature. In the second part (which will be published in a future issue of the journal), the text attempts to answer the research question of how to deal with these institutes, or rather considers some basic criteria for distinguishing private and public law in the context of public administration regulation. [ABSTRACT FROM AUTHOR]

Copyright of Pravni Vjesnik is the property of Pravni fakultet Sveucilista J. J. Strossmayera u Osijeku 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.)

Copyright of Jurnal Jurisprudence is the property of Jurnal Jurisprudence 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 use of historical arguments in legal reasoning today is relatively rare and often superficial. The aim of the paper is to clarify whether the situation can be changed and whether this would be useful for the interpretation of codified private law. In the author’s view, a change in this direction will be possible and justified when historical arguments are made available in a way that is clearly linked to issues of contemporary practice and is addressed to lawyers who believe in the existence of objective premises of rationality in law and are open to including historical arguments into topical reasoning in order to support a solution that he or she considers legitimate. The author believes that the best way for making historical arguments available for such a purpose is a historical commentary on the Civil Code. The article presents a conception for such a commentary. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil 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 article presents a speech of delivered by Professor of Law Marianne Constable at a Symposium in Honor of Professor Penelope J. Pether at Villanova University School of Law in the U.S. in 2015. Topics discussed include Penelope Pether's articles on private judging or secret judging; judiciary's use, abuse, and misuse; and Pether's reaction against pro se prisoner appeals and civil rights litigants.

This paper considers the hotly debated issue of whether one should grant moral and legal personhood to intelligent robots once they have achieved a certain standard of sophistication based on such criteria as rationality, autonomy, and social relations. The starting point for the analysis is the European Parliament's resolution on Civil Law Rules on Robotics (2017) and its recommendation that robots be granted legal status and electronic personhood. The resolution is discussed against the background of the so-called Robotics Open Letter, which is critical of the Civil Law Rules on Robotics (and particularly of §59 f.). The paper reviews issues related to the moral and legal status of intelligent robots and the notion of legal personhood, including an analysis of the relation between moral and legal personhood in general and with respect to robots in particular. It examines two analogies, to corporations (which are treated as legal persons) and animals, that have been proposed to elucidate the moral and legal status of robots. The paper concludes that one should not ascribe moral and legal personhood to currently existing robots, given their technological limitations, but that one should do so once they have achieved a certain level at which they would become comparable to human beings. [ABSTRACT FROM AUTHOR]

This paper discusses the legal precedents that have supported the official recognition of homosexual organizations by universities and colleges. Among the court cases that are reviewed are the following: (1) Brandenburg v. Ohio (1969), which ruled that expressions not inciting unlawful behavior may not be subject to government restraint; (2) Healy v. James (1972) and Wood v. Davison (1972), which ruled that First Amendment rights of freedom of association applied to students, and as a result, official university recognition was necessary to protect that right; (3) Gay Students Organization of the University of New Hampshire v. Bonner (1974), which ruled that mere speculation of future illegal activity was an insufficient reason for regulation by the university; and (4) Gay Rights Coalition of Georgetown University (1981, 1983) and Gay Rights Coalition v. Georgetown University (1987), a nearly decade long struggle which culminated in the decision that the Catholic university had denied recognition of the association based on the groups' sexual orientation, not just because the groups' purposes and activities conflicted with Catholic doctrine. It is concluded that, based on these court cases and others, the courts will not allow college and university administrators to control the philosophical nature of student organizations nor the lifestyles of those individuals with whose ideas they disagree. Contains seven references. (GLR)

Access to legal information is fundamental to access to justice. Yet accessibility refers not only to making legal documents available to the public, but also rendering legal information comprehensible to them. A vexing problem in bringing legal information to the public is how to turn formal legal documents such as legislation and judgments, which are often highly technical, to easily navigable and comprehensible knowledge to those without legal education. In this study, we formulate a three-step approach for bringing legal knowledge to laypersons, tackling the issues of navigability and comprehensibility. First, we translate selected sections of the law into snippets (called CLIC-pages), each being a small piece of article that focuses on explaining certain technical legal concept in layperson's terms. Second, we construct a Legal Question Bank, which is a collection of legal questions whose answers can be found in the CLIC-pages. Third, we design an interactive CLIC Recommender. Given a user's verbal description of a legal situation that requires a legal solution, CRec interprets the user's input and shortlists questions from the question bank that are most likely relevant to the given legal situation and recommends their corresponding CLIC pages where relevant legal knowledge can be found. In this paper we focus on the technical aspects of creating an LQB. We show how large-scale pre-trained language models, such as GPT-3, can be used to generate legal questions. We compare machine-generated questions against human-composed questions and find that MGQs are more scalable, cost-effective, and more diversified, while HCQs are more precise. We also show a prototype of CRec and illustrate through an example how our 3-step approach effectively brings relevant legal knowledge to the public. [ABSTRACT FROM AUTHOR]

Copyright of Critique of Law: Independent Legal Studies / Krytyka Prawa: Niezalezne Studia nad Prawem is the property of Akademia Leona Kozminskiego 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.)

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet 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 article is about private law contracts and their social, economic, and religious background in Sasanian Persia (224–651) before the advent of Islam. After a brief introduction to the sources and research method, the paper examines Zoroastrian moral teachings about obligations in general and contractual obligations in particular. To emphasise the religious background, the Avestan hymn to Mithra and the Vendidad are scrutinised which have a classification of contracts and a pyramid of sanctions for their breach. The second part of the article analyses private law contracts, which can be found in the Sasanian Law Book called Madigan I Hazar Dadestan, such as sale, barter, donation, lease, and loan, together with legal guarantees such as surety and pledge. In addition to legal dogmatics, attention is also paid to gaps in the law and the opportunities they provide for parties to achieve unlawful ends with legal means, as well as the prudence of Sasanian lawyers and how they stopped such abuses of the law. [ABSTRACT FROM AUTHOR]

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet 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.)

In order to explore the connotation and construction path of the principle of good faith from the perspective of civil and commercial law, this paper combines intelligent algorithms to analyze the connotation and construction path of the principle of good faith from the perspective of civil and commercial law. Moreover, this paper presents a topology network specially used to improve the energy absorption efficiency of the isolation resistor used in the power divider and theoretically analyzes the effectiveness of the isolation topology. In addition, this paper further optimizes the topology of the two-way broadband filter power divider and builds a simulation model based on the basic content of the principle of good faith. From the research results, the simulation model proposed in this paper can play a certain role in the connotation and construction path of the principle of good faith from the perspective of civil and commercial law. On this basis, some suggestions on the connotation and construction path of the principle of good faith are put forward. [ABSTRACT FROM AUTHOR]

In this paper, I shall set out the pros and cons of assigning legal personhood on artificial intelligence systems (AIs) under civil law. More specifically, I will provide arguments supporting a functionalist justification for conferring personhood on AIs, and I will try to identify what content this legal status might have from a regulatory perspective. Being a person in law implies the entitlement to one or more legal positions. I will mainly focus on liability as it is one of the main grounds for the attribution of legal personhood, like for collective legal entities. A better distribution of responsibilities resulting from unpredictably illegal and/or harmful behaviour may be one of the main reasons to justify the attribution of personhood also for AI systems. This means an efficient allocation of the risks and social costs associated with the use of AIs, ensuring the protection of victims, incentives for production, and technological innovation. However, the paper also considers other legal positions triggered by personhood in addition to responsibility: specific competencies and powers such as, for example, financial autonomy, the ability to hold property, make contracts, sue (and be sued). [ABSTRACT FROM AUTHOR]

Background: The Civil Code would dictate the affiliation of Albanian civil law to the Romano-Germanic family, finally separating it from Ottoman law. This Code, to this day, preserves its contemporary character, individuality, and integrity, not only because it is based on the idea of protecting basic human rights and freedoms, as well as the democratic model of society that inspired it, which always remain valid, but also that it continues as a working tool for specialists in this field. Undoubtedly, foreign rights, especially French, Italian, and to some extent, German and Swiss, would inspire the Albanian legislator to sanction in its provisions the equality of all citizens, the emancipation of land ownership, and the freedom to engage in economic activities. Methods: The methodology used during the drafting of this paper is mainly based on Albanian and foreign doctrinal views, focusing in particular on the Italian and European doctrines, due to this doctrine and this legislation being referred to by our legislator at the time of drafting the Civil Code. Also, among the methods used in this paper are the analysis and comparative methods. Results and Conclusions: The acceptance of foreign law in the Civil Code of Zog, more than "a matter of quality", was a "matter of power", because foreign rights, especially French and Italian, which found their sanction in this Code, they were rights belonging to the spiritual influence of modern civilization, and above all, to that of the "Italian Renaissance" and the "French Revolution.". [ABSTRACT FROM AUTHOR]

The paper analyses the historical development of the transfer of contracts under German Law, regarding the principle of succession for the assignment of claims and the assumption of debts and the influence of the German Federal Court of Justice on the transfer of shares in a company. It also provides a dogmatic framing of the subject and shows the prerequisites for a valid transfer of contracts under German Law. Additionally, the paper outlines the protection of succession in contract law and how the Draft Common Frame of Reference codified the transfer of contracts. Finally, the author argues for the statutory addition of a third variant, of private assumption of debt, which is effective without the creditor’s consent. [ABSTRACT FROM AUTHOR]

Copyright of Teoría & Derecho. Revista de Pensamiento Jurídico is the property of Editorial Tirant Lo Blanch SL 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 paper looks at contracts and contract law as a place of both commodification and resistance to commodification. Commodification and contract are connected through the lens of flexibilisation, seen in particular as one party's unilateral prerogative to adapt the content of the contract's performance. Flexibilisation in this sense works to entrench the market mechanism (qua responsiveness to price and demand dynamics) in situations where marketisation makes the realisation of long-term human needs rely on the short-term horizon of market operations. Two such contexts of marketisation in the context of European Private Law are considered as examples, namely transfer of enterprise and acquisition of a (household) customer portfolio in energy markets. The paper argues that 'taking contractual equality seriously' can contribute to decommodification -- or at least throw some sand in the wheels of commodification. [ABSTRACT FROM AUTHOR]

This paper aims to analyze the legal nature of concessionaire and PPP contract in Albanian Legislation and through the perspective of European legislation analyzing mainly the Italian and French legislation and doctrine in this area. The main hypothesis that this paper aims to address is related to the fact, if it is enough to categorize these kinds of contracts with a hybrid status between public and private law, or the fact that so many countries appellate more and more to the concessionaire and PPP contracts is the momentum to create a separate law discipline as so many universities in France, USA, Japan do. Also, this paper aims to make a comparative study of Albanian legislation in the area of concessionaire and PPP contracts with the European legislation being the fact that for Albania this is a new area, and is a considerable lake of doctrine and legal studies that analyze the specifics and characteristics of such kind of contracts, putting at the last instance not only the Albanian contractual authorities but also the national courts in difficulties of implementation and interpretation. [ABSTRACT FROM AUTHOR]

In situations where the fundamental human right to work is threatened by unlawful termination of employment, i.e., if the termination of employment occurs contrary to the provisions of the Labor Law or another special law, the employee achieves protection through the court in a procedure which is regulated by the Civil Procedure Law. In the paper, the authors deal with the peculiarities of the litigation procedure for protection against unlawful termination of employment, but also with the normative solutions and legal consequences of unlawful termination of employment that occur for the employer. [ABSTRACT FROM AUTHOR]

By writing this paper, the authors intended to answer questions raised by the transfer of digital artworks in the online space. At the beginning of the study, the basic expressions, including NFT digital artwork, will be explained. Then, it will be examined how these new forms of artwork can be treated by civil law. Although NFTs change hands daily, their legal nature, i.e. if they shall be deemed as things in the civil law sense, is unclear. If NFTs are treated as things, they can be a subject of ownership, and the provisions on the transfer of ownership rights shall be applied, which raises several further questions. According to another approach, NFTs embody the right to dispose, while there are other opinions as to which NFTs, following the model of bank account money, shall be deemed as claims facilitating the application of the provisions of the law of obligations. After reviewing the different approaches to the legal nature of NFTs, features of online auctions of NFT artworks will be introduced. Then, it will be examined if the platforms enabling online auctions fall under the scope of the recently adopted Digital Market Act and if so, which rules of the Act are applicable for them. [ABSTRACT FROM AUTHOR]