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Objectives This study aimed to summarise the competencies and legal position of the dental hygienist (DH) regarding oral radiology through a worldwide review. Methods A structured and peer-reviewed online questionnaire of 27 questions was developed. This was emailed to all DH associations that are members of the International Federation of Dental Hygienists (IFDH) or European Dental Hygienists Federation (EDHF). After obtaining the data, all responding associations were contacted to confirm that the data were summarised in the correct order and were asked to provide further clarification of answers if necessary. A descriptive analysis was performed to summarise the data. Results The response rate was 84%, as 26 out of 31 countries completed the questionnaire. In 78% of the countries, the DH can legally take intraoral radiographs, but in 42% of the countries, the dentist first needs to provide a referral or indication for a radiograph. In 46% of the countries, the DH may not formulate a diagnosis based on a radiograph. In only 27% of the countries, the DH can independently own radiographic equipment. Conclusions The required qualifications, skills, and scope of practice of the DH regarding oral radiology vary by country and, within some countries, even vary by state or province.

A Divisive Ruling on Devices The FDA has long taken the legal position that regulated devices could also be categorized as drugs. But according to a recent case, products meeting the definition of ...

Double employment is a situation where an employee holds double paid jobs, either as an employee or as being self-employed. The issue of double employment has been subject to discussion and even has brought to industrial dispute between employer and employee which require the judicial intervention. While some employers allow their employees to engage in double employment, there are few legislations clearly prohibit this practice. In Malaysia, as to date there is no specific law regulating double employment by employees. This article aims to analyse the position of double employment in Malaysia.

There are different factors and basis for appointment of directors in a company’s board. Some of them are appointed based on their expertise in the respective sectors or industries as independent directors in the board, while others may be appointed by creditors or major shareholders or interest group as nominee director. Just like all directors, nominee directors are expected to act in the best interests of the company to which they are appointed. Further, they also owe the same legal fiduciary duties to the company similar to other directors. Nominee directors bears additonal expectation as they do not only manage and perform in the company’s board, but they are commonly expected by their appointers to represent the interest of the appointers in any commercial decisions made by the board of the company and also to update the appointers on the company’s performance from time to time. The objective of this paper is to study the duties owed by nominee directors in the event of conflicts of interest that possibly occurs between the company where they are sitting as board members and their appointers. The study will focus on the law governing them in Malaysia. This research adopted qualitative analytical method in which books, article journals, internet sources and other relevant documents are analysed. It was found that it is very crucial for the nominee directors to observe certain rules pertaining to their duties and involvement in decision making in order to mitigate such conflicts.

Considering that the documentary letter of credit is the most frequently used instrument of free foreign currency payments, as well as that the correspondent bank is an almost indispensable participant in the international letter of credit transaction, this paper is dedicated to analysing its position. The correspondent bank may take on the role of advising a letter of credit to a beneficiary, honour presented documents, or add its confirmation to a letter of credit. Depending on whether it appears as an advising, nominated or confirming bank, its rights, obligations, and responsibilities will be determined. This paper discusses the legal position of the correspondent bank depending on the role it plays, but also the liability of the issuing bank for the damage that the correspondent bank causes to the beneficiary by its actions.

Developer agreements haves been regulated beyond the Polish Civil Code, as a named contract. The necessity to of granting the effective protection to the buyer has been the reason for this regulation, taking into consideration that the a preliminary agreement does not guarantee this protection effectively. The notion of the term “the buyer” has the wider scope than “the consumer” – the buyer means the a natural person, both a he consumer and the an entrepreneur as well, regardless the purpose of concluding the contract. The precontractual informative duties of the developer constitute the one of the aspects of the buyer protection. Before the conclusion of the contract, the developer is obliged to provide the buyer with the information on its financial and legal position, as well as the details concerning the premises to be acquired premises. The aforementioned information hasve to be real and honest. The consequences of the a breach of precontractual duties are various, taking into consideration if the contract hasve been subsequently concluded – the damage repair of the position as the buyer counted on at conclusion of the contract, the withdrawal from the contract, the evasion of the legal consequences of a declaration of intent, as well as the administrative and penal sanctions.

A person or a human community needs learning (the need for knowledge, skills, and attitudes) to emerge, so there should be non-formal education. It’s in this capacity that non-formal education is said to be multi-audience, not only in terms of age, but also individual and social characteristics such as gender and gender, demographics, geography, occupation, formal educational background, and so on. Various problems are still often faced by these non-formal educators, where they should be guaranteed protection under the law. In fact, non-formal educators continue to experience discomfort conditions without an adequate protection system. Legal efforts to improve the status of non-formal educators according to the national education system, so that non-formal educators haven’t been recognized by the government even though they are temporary teachers who work in private educational institutions, so they haven’t received the protection and protection of the government as provided to teachers. Civil servants and private teachers.

—Village Credit Institutions (LPD) as an institution established specifically for the sake of the welfare of the Pakraman Village community, Village Credit Institutions do not serve outside of the Pakraman Village area where the Village Credit Institution operates. The establishment of Village Credit Institutions (LPDs) began to be carried out and the existence of LPDs was regulated under Regional Regulation (PERDA) namely Bali Provincial Regulation Number 8 of 2002 concerning Village Credit Institutions (LPD), which have now been changed to Bali Provincial Regulation Number 3 of 2017. The Regional Regulation regulates the conditions for the Establishment of Village Credit Institutions (LPD). The problem statement is: 1) What is the legal position of the Village Credit Institution (LPD) in the Micro Finance Institution system? 2) What is the role of Village Credit Institutions (LPDs) in the Micro Finance Institution system? The research method used is normative legal research. The source of legal material that will be used is the research source of primary, secondary and tertiary materials. The techniques for collecting primary and secondary legal materials were collected based on the topic of the program which had been formulated based on the snowball system and disclassified according to sources and hierarchies to be presented comprehensively. Analysis of legal materials with legal interpretation and presented in the form of analysis descriptions. The legal position of the Village Credit Institution based on the customary law community in Bali in the Micro Kauangan Institution system according to Law Number 10 of 1998 concerning Banking cannot be equated. The Village Credit Institution has a very strategic role because so far it has been serving small micro enterprises (MSEs) and rural communities in Bali through financial services that are carried out in accordance with customer needs, personal approaches, and proximity to customers.

The article is devoted to the analysis of the legal position of the Ministry of Finance of Russia and the Federal Tax Service of Russia that, guided by Art. 76 of the Tax Code of the Russian Federation, tax authorities are entitled to suspend operations on all accounts and deposits of individual entrepreneurs. It does not matter for what purpose such accounts were opened: for carrying out entrepreneurial activity, or for carrying out operations not related to entrepreneurial activity. After analyzing the current legislation and judicial practice, the author comes to the conclusion that the cash flows of the client as an individual and as an individual entrepreneur are clearly divided. According to the account of an individual intended for consumer purposes, it is impossible to carry out operations related to his entrepreneurial activity. The suspension of operations on a citizen’s accounts that are not related to his entrepreneurial activity violates the rights not only of the citizen himself, but also of third parties. Refusal to a citizen to open an account with reference to Art. 76 of the Tax Code violates the rights of a citizen as a party to a public contract and a consumer. The collection of tax payments from the accounts of individuals that were not opened for business purposes would undoubtedly go beyond the framework of tax relations in public law and invade other relations, including civil law.

A patient's personal information can only be disclosed to those involved in his/her care if consent to such disclosure is given. This consent normally extends implicitly beyond medical staff to other professionals who may also be involved in care. It also commonly includes administrative, secretarial and managerial staff as well as healthcare professionals. This constitutes the duty of confidentiality. In certain specified circumstances, a patient's otherwise confidential information may be disclosed without consent to permit benefits to particular others. The legal position is complex, and while doctors should be familiar with most routine situations (e.g. reporting of certain infectious diseases), advice should always be sought if doubt exists.

The given scientific work is devoted to the research of the actual question concerning the legal grounds and the effectiveness of non-titular possession, as a proper legal phenomenon, and the design of the socially expected result – the revitalization of material turnover as an element of building a market society. Different aspects of the essence of the powers of the unlawful actual owner are analyzed. The legal position of the owner is determined, when the transfer of property is stipulated by the contract, but such fulfillment does not take place, the possibility of applying the legal regime of detention of another’s property to such cases is clarified. Substantial changes to the current Ukrainian legislation are proposed, which exclude the mixing of material and binding mechanisms for regulating relations regarding the non-titular maintenance of another’s property. The article investigates the content of the concept of illegal possession as a phenomenon that characterizes the possession of a thing by a person who illegally seized it from the owner or title holder, or otherwise acquired, without having proper grounds for this acquisition. The criteria for the division of such ownership into good faith and bad faith are defined. A specific interpretation of these legal definitions is provided. The author’s position on the necessity of narrowing the doctrinal definition of an unscrupulous illegal owner is substantiated. It should not extend to cases where the acquirer first legally obtained the property (for example, by deed), but then the specified grounds ceased and it was not returned, and cover only a circle of purely material relations, such as theft or other seizure of property out of will. the owner. In other words, when the legal protection of the infringed property is possible in material ways, such as vindication. The article also analyzes the issue of determining the title of property belonging to one person but located in another. Such an analysis identifies a key problem: whether such possession is subject to legal protection, and if so, at what point, in what manner and on what grounds it should occur. The paper concludes that there is a legal basis in modern Ukrainian civil law for non-titular possession of someone else’s thing that needs further regulation.

The provision of clinically assisted nutrition and hydration (CANH) often presents clinicians with ethical dilemmas. As the population grows there is increasing prevalence of patients with conditions such as stroke, dementia, advanced malignancy, cerebral palsy and eating disorders and a greater demand for CANH. It is important that healthcare professionals are familiar with the ethical and legal position for the provision of CANH. In addition, it is important to be aware of the clinical indications, relative contraindications and alternative means of supporting patients for whom CANH is not appropriate; this includes education and training for staff, patients, carers and relatives. The lack of high-quality evidence around clinical outcomes, particularly in the form of randomised clinical trials, and the challenges of accurate prognostication in patients who are approaching the end of life make decisions around the provision of CANH difficult for healthcare professionals.

Purpose The purpose of this paper is to explore the contentious issue whether lawyers become launderers when they accept dirty money as legal fees. Lawyers represent criminal defendants who may wish to pay for their legal fees with proceeds of their criminal activities. The paper analyses the legal position of Namibia and Zimbabwe on such tainted fees and proceeds to compare with the different position taken by the United States. Design/methodology/approach The paper adopts a desk research methodology with reliance on various sources such as statutory laws, case laws, books, journal articles and the internet. Its scope is limited to issue and content analysis relating to the use of dirty money as legal fees. Findings The paper shows that lawyers become launderers when they accept dirty money as legal fees with knowledge or suspicion of its origins. It concludes that the prohibition of dirty money as legal fees is important in the fight against economic crime in Namibia and Zimbabwe. Even though it is decriminalised in the USA, the continuous prosecution of lawyers for tainted fees shows that state authorities are aware of the dangers of tainted legal fees. Originality/value This paper adds to the few available literature on dirty money and legal fees. It provides sound reasons why prohibition of tainted attorneys’ fees adds muscle to the fight against economic crime. No prior literature is available on tainted legal fees in Namibia and Zimbabwe specifically.

In the article, the author considers a legal position of a driver in relation to a transport service user and in relation to uber as a transport market maker and transporter, respectively freight forwarder. The driver's role in the uber system is largely determined with the legal nature of Uber's legal position by the principle of the seesaw toy. If uber has an intermediary role, then driver is a carrier, and vice versa, if uber has been deemed a carrier, then a driver has a role as a carrier's assistant. Also, if a driver has been considered as a carrier, then it is unclear whether he is a public or only a private carrier, having in mind an (in)definite number of users. In the first chapter of the article, the author explains the impact of the sharing economy and technical progress on creating a new mode of transport. Furthermore, the legal problem of the new way of providing a transport service has been highlighted, as well as a legal qualification of subjects involved in Uber's business structure. Finally, the author concludes that a driver should be deemed as a carrier's assistant, having in mind that uber as a carrier and as the organizer of the transport market has a decisive influence on the whole process of transporting a passenger (from the beginning phase to ending).

This paper is the study of three modes of business and transactions including Gharar, Salam and Istisna’, widely used in Islamic Banking and Islamic Financial Institutions. This study delving in Fiqh Literature brings to the fore the juristic status of all three modes of business and transaction supported by the arguments from Quran, Sunnah and Fiqh literature. The Objective of this paper is to remove misconceptions surround these modes of business and transactions and to clariy their legal position.

The article focuses on analyzing and commenting on the nature of cryptocurrency (typically Bitcoin) and the legal position of this cryptocurrency in Vietnam through comparison with countries like France (Europe) and Thailand in order to make a perfect recommendation for Vietnamese law on this issue. Accordingly, the paper shows that in France, cryptocurrency is considered a kind of asset, although the French law currently does not recognize the ability to pay in encrypted money for all transactions, though in fact, it can be converted into real money. In Thailand, cryptocurrency is seen as a type of stock and can be traded on the stock exchange. Meanwhile in Vietnam, although there are many conflicting opinions, however, with the current regulations, cryptocurrency is sufficient to be considered a kind of property rights recorded in Vietnam Civil Code in 2015. And therefore, although not used as a means of payment as legal money, cryptocurrency should have been the object of exchange and transaction activities as a type of securities in Thailand. The management of cryptocurrency under the securities model could help Vietnam to control well the illegal cryptocurrency transactions such as money laundering, terrorist financing, etc. Besides, it also helps increase revenue for the State budget through taxation on transactions and income generated from such transactions.

In the UK, the Medicines and Healthcare products Regulatory Agency classifies ‘pre-filled syringes’ for flushing Intravenous (IV) cannulas and IV access devices as ‘borderline’ devices and offers some advice on how control measures can help mitigate risks. The Medicines Act (1968) and Medical Device Regulations try to address the legal position of these devices and allow each employer to identify those groups of staff allowed to use them. In turn, this may help address anomalies around the need to prescribe and document their use. This article describes how one large university health board in Wales implemented a change in products and practice and explores the issues around adopting and using CE-marked pre-filled, sterile syringes of 0.9% sodium chloride in place of manually drawing up an IV flush (the CE mark indicates devices that conforms with European legal requirements). Whether the use of individual components or a single pre-filled device can lead to a streamlined and cost-effective way to manage the flushing of IV cannula and vascular access devices was explored. Additional risk factors were identified, and the legal status clarified in line with current guidelines and regulations. As 0.9% sodium chloride in ampoules and vials is classified as a prescription-only medicine, the administration needs control via formal prescription or a patient group direction. Adopting and using these pre-filled syringes as CE-marked medical devices requires careful consideration and sign-off from each employing authority, before implementing them for flushing IV cannulas and IV access devices.

Key content Following the diagnosis of absolute uterine factor infertility (AUFI), women may experience considerable psychological harm as a result of a loss of reproductive function and the realisation of permanent and irreversible infertility. Adoption enables women with AUFI, and their partners, to experience social and legal parenthood, also often providing benefits for the adopted child. Surrogacy offers the opportunity to have genetically related offspring. Outcomes are generally positive in both surrogates and the children born as a result. Uterine transplantation is the only option to restore reproductive anatomy and functionality. While associated with considerable risk, it allows the experience of gestation and the achievement of biological, social and legal parenthood. Learning objectives To gain an understanding of the routes to parenthood available for women with AUFI experiencing involuntary childlessness, such as adoption, surrogacy and, most recently, uterine transplantation To consider a suggested management plan to facilitate counselling in women with AUFI who experience involuntary childlessness. Ethical issues In the UK, whilst the number of children requiring adoption continues to increase, the number being adopted from care is decreasing. Some cultures may hold ethical or religious beliefs that surrogacy is unacceptable, and its legal position in many jurisdictions is problematic. Restrictive selection criteria and high costs may limit future availability of uterine transplantation

This paper tends to clarify implications of delivery of goods performed by a maritime carrier to a consignee at the place of destination; particularly, a delivery made without receiving the original bill of lading in exchange for the goods delivered to the consignee. In spite of the importance of such delivery, none of the related international conventions has addressed the implications of such a delivery for the liability of the maritime carrier. This gap has given rise to inconsistency between the approaches adopted by various jurisdictions worldwide, and such a divergence will contradict the fundamental international principle of unifying the international maritime rules. Hence, the study is discussing the area of ambiguity under both the English and the Qatari law to reach some suggestions that could be adopted under both jurisdictions to clarify the legal position of maritime carriers as well as to protect them from liability arising under this delivery.

Algorithmic trading – where two computer programs deal directly with each other – is a commonplace of modern securities trading. However, in general such trading occurs subject to exchange rule books, or under framework contracts, which establish the legally binding nature of such interactions. When computer programs purport to deal with each other directly outside such a framework, the legal position becomes considerably more complex. This note examines two problems which can arise in such cases; first as to how a contract can be formed at all between two parties in the absence of any conscious act by either party, and second, the consequences for third parties of a finding that such a contract was void or nonexistent.

Background: Mitochondrial DNA (mtDNA) diseases are a group of maternally inherited genetic disorders caused by a lack of energy production. Currently, mtDNA diseases have a poor prognosis and no known cure. The chance to have unaffected offspring with a genetic link is important for the affected families, and mitochondrial replacement techniques (MRTs) allow them to do so. MRTs consist of transferring the nuclear DNA from an oocyte with pathogenic mtDNA to an enucleated donor oocyte without pathogenic mtDNA. This paper aims to determine the efficacy, associated risks, and main ethical and legal issues related to MRTs. Methods: A bibliographic review was performed on the MEDLINE and Web of Science databases, along with searches for related clinical trials and news. Results: A total of 48 publications were included for review. Five MRT procedures were identified and their efficacy was compared. Three main risks associated with MRTs were discussed, and the ethical views and legal position of MRTs were reviewed. Conclusions: MRTs are an effective approach to minimizing the risk of transmitting mtDNA diseases, but they do not remove it entirely. Global legal regulation of MRTs is required.

Return-oriented programming (ROP) is the major exploitation technique to hijack control flow in the presence of non-executable page protections. ROP can be prohibited by ensuring that ret targets legal position. One method is to check whether the predecessor of the target of a ret is a call to identify the illegal use of return. Performing check at each ret with low performance overhead is challenging. To reduce the performance overhead, prior proposals check at critical API functions or system calls and rely on the OS to identify these events. The goal of this paper is to mitigate ROP attacks while incurring negligible storage and performance overheads, and without relying on OS support. This paper proposes a hardware mechanism RCecker (Return-Call pair checker) to enforce the backward CFI (control flow integrity). We propose RCecker-S checking at each ret when the target of the ret has been figured out at EX stage. We analyze the cause of the high performance overhead of RCecker-S. We further propose RCecker-R checking only when RAS (Return Address Stack) mispredicts the targets to reduce the performance overhead. However, the attacker can use Spectre-like attack to pollute RAS and bypass the check of RCecker-R. We propose RCecker-spec based on RCecker-R in addition to check at each speculative ret when the target of the ret has been predicted at the fetch stage. We implement RCecker on RISCV BOOM core and evaluate its security effectiveness and performance overhead. RCecker-spec can successfully detect the ROP attacks in RIPE benchmark. For the SPECINT CPU2006 benchmark, the average performance overhead is 0.69%.

A number of high-profile legal challenges to the concept of brain death have recently been made in the USA, Canada and the UK. The legal claim has been that brain-dead patients are not dead in accordance with the legal definition of brain death, and so are wrongly being declared dead. Yet, the definitions of brain death in these countries are not the same. In this editorial, we examine the significance of these legal challenges and their potential impact on intensive care unit (ICU) practice. We discuss whether the legal position in the UK and Canada is more secure than that in the USA and, as a result, is less susceptible to any legal challenges that are likely to impact on ICU practice. Jurisdictions which have legislation that mirrors that operative in the USA, such as Australia, potentially inherit the same legal difficulties that have arisen in the USA. We also discuss whether these jurisdictions might consider adopting the definition of brain death that is adopted in the UK and Canada to avoid further legal challenges.

The establishment of an innovative and complex system in which the seizure of assets acquired through crime has been implemented forecfully, and the new laws and institutional support aimed at facilitating the implementation of special measures confirm this. Changes have been made, and because in many respects they deviated from the usual rules of criminal law, they caused a lot of dilemmas and created a series of questions that were not answered. One of them is the issue of victimization and the prominence of property claim in a special procedure. The aim of the paper is to point to the legal position of the injured party in a special procedure and to examine and offer solutions for the realization of the compensation of the injured person. The possibilities for the principle of property balancing and compensation of the injured persons to be brought closer to the ideal of fair restitution are being investigated, and the directions of a possible solution to the problem of identifying the injured persons in a special procedure will be investigated. Furthermore, there are arguments which justify the secondary role of the injured parties in a special procedure and give suggestions de lege ferend that would make the partial property satisfactory, not undermining the basic aim of applying a special measure, but complementing it.

With the transition of the economy of the Republic of Belarus to market relations, it became necessary to search for new sources of income for financing socially important spheres of social relations. The social policy priority areas of the Republic of Belarus are the protection of citizen’s health and the provision of quality medical care. At the same time, the state is not able to provide the population with free medical care of adequate volume and quality. State obligations to provide such assistance are not fully provided with financial resources. The growing public demand for health services requires additional sources of funding. We believe that additional sources of financing for health services can be provided by health insurance. However, the minimum state guarantees of citizens for free medical care should also be fixed at the legislative level. We consider legal status of the independent subject of relations on voluntary medical insurance – the executor of medical service. Also we substantiate the expediency of fixing at the legislative level of medical service Institute executor. As the executor of medical services it is offered to consider not only the organizations of health care of the state and non – state forms of ownership providing medical care, but also other subjects which according to the legislation of Republic of Belarus, are authorized to carry out medical activity-individual entrepreneurs and other organizations.

The main purpose of this article is to present the role and position of partners in a limited partnership. The growing interest in choosing this organizational and legal form is due to its specificity. A limited partnership allows shaping the rights and obligations of the company’s partners, who are divided into two groups: general partners and limited partners. The reason for different legal nature of these entities who are relative to each other should be noticed. Furthermore their liability for the company’s liabilities is shaped differently, as well as the issue of running company’s affairs and its representation. Currently a common type of limited partnership called Limited Liability Limited Partnerships (LLLP), wherein Limited Liability Company as a legal person becomes the general partner. This legal solution is beneficial for its partners. In doctrine is considered as an atypical legal company.

Data on which to base guidelines on the management of in-flight medical emergencies are severely limited by the lack of uniform national and international reporting. In-flight cardiac arrest is rare during commercial passenger flights, but where the initial rhythm is shockable, survival rate to hospital is around 23%. With minor adjustments (for lack of space, noisy environment, limited medical facilities, etc.), standard CPR and use of an AED are appropriate. The ability to perform advanced life support procedures is very limited. Diversion of an aircraft is costly, and may incur risks to safety as well as inconvenience to passengers. It is mainly justified if a victim regains a circulation or remains in a shockable rhythm. Voluntary attendance by healthcare professionals at in-flight cardiac arrests is common, but may have little effect on survival of the patient. The legal position of healthcare professionals who volunteer to assist at an in-flight emergency is complicated, but successful prosecution or litigation is very rare. Future national and international discussion and research in the field is needed. In the meantime, deliberately didactic and pragmatic advice on the management of in-flight cardiac arrest is offered. It is hoped that this will stimulate discussion.

Space research is heralded as the harbinger of the next level of advancement in science and technology. The fact that countries are spending millions of dollars in this regard is testament to its potential. India is making inroads in the field and, in the last 15 years, has established itself as a dominant player. According to Antrix, the commercial wing of the Indian Space Research Organization, India commercially launched 209 foreign satellites of other countries into space. Apart from this, Antrix is applying its success in other commercial activities, like remote sensing, selling of space objects (parts of satellites and launching vehicles), and mission support. In keeping with this development, the Indian legal position and policy framework with respect to commercial space activities are reviewed. The article also surveys India’s commitment to international space law and its reflection in national legislation. Finally, the existing policy related to commercial space in India is examined and m...

For the new Law on General Administrative Procedure of 2016, despite many novelties, it can not be said that it brought substantial changes in the legal regime of the costs of administrative proceedings, especially not in aspect of improving the legal position of the parties. Although there are certain novelties that can be said to constitute positive solutions, most of the legal changes are not of particular importance forlegal position of a parties in the administrative procedure. Particularly valuable criterion is the new provision on the concept of procedural costs, which contributed, without improving the legal regime of procedural costs, to hide the fact that the right of a party to the costs of legal representation in administrative proceedings still depends exclusively on the free assessment of their necessity, and justification by the official conducting the proceedings.

Pre-emption right, at the same time, can be regarded as limitation of the co-owner's freedom to dispose of his share, and as a part of the legal mechanism which leads to the 'relaxation' of a complex social relationship. When examining reasons thatfavour the existence of a statutory pre-emption right of a co-owner, one ought to commence with the legal position of the co-owner - seller. Indeed, one ought to assess if the optimal protection of his economical interests has been compromised by favouring other co-owners as buyers. In the given context, this article enumerates reasons that justify the subsistence of the statutory pre-emption right of the co-owner.

The family-run business model is in the Czech Republic not used in the scope, as it is the case of other EU Member States. Until recently one of the reasons was also the absence of a legislative framework that would give to the family business or its organization a comprehensive and systematic rules and a stable order. This has - from a part - changed since January 1st, 2014 with the entry into force of the new Czech Civil Code, Act No. 89/2012 Coll. The present paper aims at pointing out the ways, forms and the diversity of family business from business in general according to the legislation in the Civil Code introducing in its Sections 700 - 707 the institute of family enterprise. In the context of economic-legal analysis undertaken some aspects related to the family enterprise are highlighted, in particular the sharing of profit gains, employment of family members in the operation of the family enterprise and the continuing of operation of the family business after the death of the family member being in the legal position of the entrepreneur. info:eu-repo/semantics/openAccess

For the period of the Roman Republic of agrimensura has come a long way from the simplest forms of dividing land to developed systems of surveying. The first type of survey was arcifinius - limitation of relief; it was intended for allocation of land plots Ager Publicus. Private lands were divided first on simple stripes (lacinae) or pieces (praecisura), evolving to a rectangular shape. In the III century BC in Italy has spread the system of surveying scaminace-stargaze (scamnatio-strigatio), dividing the field into large rectangles, which were allocated small plots. From the II century BC spread the division of land in straight lines -limits (limitatio). Arable land passed to the property, clearly differed from the fragments of the Ager Publicus, designed as arcifinius, which was provided rent under the ground. Feature of Roman agrimensura has become a fixture of all types of land allocation to a particular legal position.

Service of proceedings on the defendant must be effected in such a way that he is able to adequately defend his legal position and is therefore directly linked to Article 6(1) of the European Conve...

The article deals with the issue of the functional roles of the contract concluded between the co-authors of works of science. In particular, it has been found out that the contract between the co-authors of works of science performs regulatory, initiative, program-coordinating, informative, warranty and protective functions. The detailed description of these functions is provided. Special attention is devoted to regulatory function of the contract, concluded between the co-authors of works of science. From the analysis of numerous researches it is revealed that for the time being, the market conditions, regulatory function of the contract is crucial and primary, and all others derived from it. On the basis of the current legislation of Ukraine it is known that under the law the co-authors have the right to adjust their relationships, which are not regulated, in the contract. It has been determined that the agreement between the co-authors is to organize and coordinate their actions aimed at distribution of property rights and the use and disposal of these rights and the joint work of science. The author emphasizes that the concluded contract of work of science is the only means of legal regulation of their relations. The analysis of the initiative functions of the contract between the co-authors of works of science has been done. It has been found out that such a contract is an act of collective expression of the initiative authors of the work of science and implementation of discretionary. It has been concluded that co-authors independently decide whether they conclude the contract, and the issue of its form and content. The program-coordinating and informative functions of the contract between the co-authors have been characterized. It is established that the contract is organizing internal relations and co-coordinated efforts of scientific, but also serves as a specific program for them. Based on case studies of contractual practices it has been clarified that the contract between the co-authors of works of science contains information on rights and obligations for both parties and the third ones. The existence of the guarantee function concluded between the co-authors of works of science and its reasons have been examined. The conclusion about the necessity of specifying the contract conditions, grounds and means of co-responsibility in external relations to the third parties has been done. In addition, for enhancing the research, the author suggests taking into consideration the provisions on the conditions, grounds and facilities of co-responsibility to each other in the contract. The characteristic of the protective function of the contract between the co-authors of works of science has been done. The legal position of the higher courts has been analyzed. On the basis of jurisprudence the protective function of the contract between the authors of works of science has been established.

Inconsistent levels of safety and security faced during journeys of displacement directly affect the health of individuals and communities. Existing health conditions become harder to manage. This can result in a parallel journey from health to poorer health during which displaced people are in danger of being stigmatised and marginalised, framed as a threat to the health of local populations. Cole explores the legal requirement to provide the right to health across journeys of displacement through three lenses: the legal position of the individual; the agencies who are legally obliged and legally able to provide healthcare; and the different stages within the journey of displacement, which may influence both of the other two factors.

Everyone has seen many products or services on which there is a huge discount which is offered by a large number of players. It is unbelievable to see how these products and services are offered at throwaway prices. Predatory pricing is a strategy whereby a powerful organization with deep pockets, prices its goods or services at rock-bottom levels so that no rivals can compete with them. The researcher in this paper will analyse the impact of predatory pricing upon the consumer as well as upon the business organization. Further, the researcher will also see the legal position under the Indian Competition Law. Also, the researcher will cover the OLA & JIO case.

In the development of South African trust law, the courts have often attempted to identify a basis in Roman-Dutch law for the trust figure, with the inter vivos trust being seen as a contract akin to a stipulatio alteri. The ownership of trust assets, and in particular the legal position of the trust beneficiary, has proved to be closely interwoven with the legal nature of the trust figure.It is submitted that the emphasis on the contractual aspect of the living trust has in the past overshadowed its sui generis nature. In this article, both the acceptance requirement placed on beneficiaries of ownership trusts as manifested in Potgieter v Potgieter NO 2012 (1) SA 637 (SCA), and the trust-relationship theory proposed by JP Coetzee, are discussed. The lack of real rights vesting in the discretionary beneficiary is evaluated, from both a contractual and a sui generis perspective, with the writer proposing the application of the Roman-Dutch principle of ius expectati dominii as a mechanism for developing beneficiary rights. It is submitted that the recognition of a right of expectant ownership will not only address the anomalous position of beneficiaries in ownership trusts but also impact the behaviour of trustees, inhibit alter ego trusts and contribute towards the maturation of the trust figure. In a contractual context, the existence of an enforceable right will allow the courts to apply applicable public policy principles to the evaluation of trustee decisions.

During leniency procedure, the participating companies are obliged to give self-incriminating statements to antitrust authorities. There is a risk that those statements will be utilized as evidence in a court of law by a party who was damaged by the spoken trust arrangement. These actions for damages can impose heavy financial losses to the participating companies. Therefore, to secure the attractiveness of the leniency procedure, the self-incriminating documents should be exempted from the disclosure of evidence or discovery. The purpose of this article is to scrutinize the effects of the new EU directive 2014/104/EU on national regulations which are located in the Finnish Act of Antitrust Damages Actions (laki kilpailuoikeudellisista vahingonkorvauksista, 1077/2016), and review what this means for the incentives to participate in leniency procedure. The Directive made the rules of disclosure of leniency documentation more stringent in comparison with the preceding legislation. Therefore, the legal position of the participating company has weakened. These are the main findings.

Background: Acupuncture is a type of advanced health service which is covered by PT. Askes. Since BPJS Kesehatan applied, acupuncture is not covered by National Health Insurance (JKN) program. BPJS Kesehatan refers to Clause 25 verse (1) letter K of Presidential Regulation No.19 of 2016 concerning Second Amendment of Presidential Regulation No.12 of 2013 concerning Health Insurance. The provisions of the Minister of Health Regulation No.28 of 2014 concerning Guidelines for Implementing National Health Insurance are different from Presidential Regulations on Health Insurance which states that medical acupuncture is covered by JKN. BPJS Kesehatan uses lex superior derogate legi inferior, therefore it does not cover acupuncture in the implementation of the JKN program. This study was a normative study with a statute approach and a conceptual approach. Method: The study showed that the issue of Law No.36 of 2014 concerning Health Practitioner gives legitimacy to acupuncture in Indonesia. The Law of Health Practitioner categorizes acupuncture into physical therapy and separates it from traditional medicine. Results: The provisions in implementing regulations of BPJS Law have not referred to the position of acupuncture in Indonesia and still categorize acupuncture as complementary, alternative and traditional medicines. The settlement of acupuncture regulations disharmony in the JKN program using lex superior principle has not been sufficient because it has not been able to provide legal certainty and legal protection. Conclusion: Regulatory reformation of acupuncture in Indonesia is urgently required, especially in the JKN program, so the implementation of the legal position of acupuncture that is guided by the Law of Health Practitioner can be implemented effectively and efficiently.

Pest birds are considered as a special kind of vermin, since, in most of countries, their legal position does not enable their direct extermination. Therefore, in order to protect the agricultural areas indirectly from pest birds, the robust and highly selective pest bird sensor is necessary to design. In this contribution, the pest bird detection unit, based on a convolutional neural network, is presented. The convolutional neural network itself is used for the decision making about the pest bird occurrence, while sound recordings are used as input data. The testings, presented at the end of the contribution, proved a very high accuracy of the detection unit, with the results indispensably improved in comparison to previously presented approaches.

This study examines the legal standing of waqf for non-Muslims contributing to the increase of waqf assets in Indonesia. It turns out that raising waqf funds can be accessed from non-Muslim funds that sympathize with the economic value of Islamic philanthropy. Waqf is a deed that is part goodness of Islam and has a socioeconomic dimension. The essence of waqf is to hold the core of waqf and develop the outcome, so that waqf assets do not just disappear. The form of waqf is exciting and has great benefits so that not only a Muslim who is interested in waqf, many non-Muslims also contribute through donations. However, scholars differ in opinions about non-Muslim waqf laws; besides that, the waqf law also does not mention the specificity of waqf only for Muslims. This research is qualitative research through a normative juridical approach through literature in analyzing the data obtained. So, the difference in opinion of the madzhab scholars is essentially allowing non-Muslim endowments if it is not intended for religious facilities such as mosques.

Aim To provide an international perspective on COVID-19 (SARS-CoV-2) safety measures and discuss the medico-legal perspective of providing dental care during the COVID-19 pandemic.\ud \ud \ud Data sources This paper is a narrative review. The authors are drawn from academic dentistry and academic law.\ud \ud \ud COVID-19 safety measures in dental clinics Dental care professionals are considered to be at high risk of exposure and subsequent transmission of COVID-19. Therefore, it is of great importance that dental professions put in place measures to prevent cross infection from the virus. These measures include screening patients and spacing of appointments to allow fallow time. Within the clinic, there is a requirement for adequate ventilation (perhaps aided by air cleaners and disinfection air fogging devices) together with cleaning and use of alcohol gels to ensure hands are clean. With regards to dental treatment, the measures expected are also itemised, such as the use of virucidal antiseptic mouthwash, use of personal protective equipment, rubber dam and moving to non-aerosol generating procedures wherever possible.\ud \ud \ud COVID-19 safety measures and the law The point is made that the need for the implementation of these precautions is not only necessary for cross-infection prevention but also for the avoidance of legal issues. The paper discusses the liability of a dentist, both criminal and civil, should a person contract COVID-19 as a result of attending for dental treatment. Although opinion varies across legal jurisdictions, the general consensus is that a practitioner would only be liable if they had been negligent. This is not just the case when guidelines are available, whether legally enforced or not, as the practitioner is required to deliver care in an up-to-date and evidence-based manner. There is a need to document persuasions taken to protect the practitioner from litigation.\ud \ud \ud Conclusion Dentists should follow the scientific evidence to reduce as much as possible the risk of them contracting or spreading COVID-19. In addition, to avoid criminal or civil legal consequences, all procedures to avoid cross infection should be documented, as in not doing so, the practitioner will not be able to prove they were carried out.

Error in Persona is an error in attracting a party who is considered to have the capacity or legal position to proceed according to the lawsuit filed. The mistake in drawing the party either as a plaintiff or as a defendant will result in the lawsuit containing formal defects. Error in Persona was filed by the defendant on the plaintiff's lawsuit because the lawsuit was directed at the wrong person / party. In a civil suit in the form of contetiosa, contentiosa is a civil suit containing a lawsuit for a dispute between the litigating parties, whose settlement examination is given and submitted to the court where the party filing the lawsuit is called the plaintiff and the party drawn in the lawsuit is called the defendant, the lawsuit is based on the arguments / legal reasons filed. Thus the party filing a lawsuit must be clear and careful in attracting the parties and it must be seen whether the person who is suing and being sued has the capacity and the right legal position.

The decision of the Constitutional court (MK) Numbere 35/PUU-X/2012 has implications for state recognition of the traditional rights of indigenous peoples in the form of custimary forests which have have been neglected. The study aims to determine the legal position of the indigenous people of Marga Sarampas in controlling their land rights. The formulation of the problems raised in this research are (1) how is the recognition and protection of the indigenous peoples of Marga Sarampas; (2) how the rights to land of the indigenous people of Marga Sarampas.