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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 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.

Today the EU is being confronted with internal and external economic challenges. They may become a threat of European stability. Significant strategies must be implemented for the promotion of a sustainable development reflected in economic resilience. The paper deals with the question of boosting the competitiveness of the EU via a rapid implementation of the trust-like mechanisms- "analogues" of the common law trust. It is mainly oriented on the method of a comparative analysis and presents certain prorated fruitful ways of rapid implementation of the trust-like devices in civil law jurisdictions. The outcomes of the paper will be useful for the successful planning of the European entrusting processes, because they indicate to the necessity of the implementation of the American models of mutual funds and the beginning of the utilization of an express trust, which will serve a great variety of socio-economic purposes. [ABSTRACT FROM AUTHOR]

In March 2012, the Australian Commonwealth Attorney-General's Department published a Discussion Paper which explored the prospect of codifying or otherwise reforming the Australian law of contract. There is little reason to think that the codification of the Australian law of contract is likely to be embarked upon in the foreseeable future. At the same time, recent years have seen a resurgence of interest in codification in Britain. This paper examines the experience of contract codification efforts in Australia with a view to identifying a number of cautionary lessons. It focuses on two challenges inherent in contract codification which have been given too little attention by the proponents of reform in Australia. [ABSTRACT FROM AUTHOR]

The paper focuses on the analysis of the problems that may be driven by mass tokenization of the objects of civil law, i.e. the creation of a digital representation of such objects in the form of a record in blockchain. This occurs where the value of such objects is transferred subsequently by means of disposal of such tokens, which is a subject of separate rights to it. The paper outlines two core problems, which were inspired by recent legislative activities in Belarus and Russia. The first is a possible displacement of existing legal regimes of objects of civil rights by the legal regime of the token. Secondly, the problem of definition of the nature of rights to tokens arises (in rem versus ad personam) as well as remedies for their violations. Provisions of the Belarus Decree “On the development of digital economy” of 21 December 2017 and drafts of the laws on blockchain and ICO, discussed in Russian Parliament and Government are taken to illustrate these problems. [ABSTRACT FROM AUTHOR]

The article discusses issues on law and economics, particularly on the use of legal and regulatory systems to avoid severe macroeconomic crises. Also cited are the 2019 paper by economist Ben Bernanke on disrupted credit, global financial crisis, and financial stability policy, as well as the effects of major bank failures on the economy.

The life of companies, including the aerospace companies, depends on the business cycle. The paper presents the trends of law in ascending and descending period of the business cycle. A point of the paper is the separation of military and civil law in aerospace, public and private law, national and corporate security systems. Also the laws to be apply in relation with public authorities, private organizations, citizens are approched. In the paper are included some keys for interpretation such as the hierarchy of social values. In modern times, the humans life, rights and property must be the main protected values. The paper shows the methods to be accepted for the analyse/analysis of law in aerospace field: logical analysis, hystorical method, comparative method, social research, experimental method. In the aerospace field each of them has some particularities. The classification of laws depending of economic impact in the aerospace field is an other section. There are presented implications on cost, income, receipts, payments, duration of the activities, other restrictions. [ABSTRACT FROM AUTHOR]

The development of cyberspace law poses a challenge to the traditional borders of law. The increase of activities and business deals on the internet has awakened the interest of lawyers, civil servants, businessmen, and scholars regarding the manner on how to determine internet jurisdiction. The goal of this paper is to establish the criteria for determining jurisdiction that are being used by courts when they have to resolve cases on the internet. The paper analyses academic literature and selected cases in the US, Europe, Colombia, and the world with qualitative and inductive method, using primary and secondary sources, documentary review, and direct observation techniques. The conclusions are that: 1) Differences between common or civil law systems seem to be disappearing when new rules emerge to establish jurisdiction on the internet; 2) An alternative use of both new online and traditional offline rules is observed in resolving cases by the courts, especially in the US; 3) International cases suggest that courts have applied traditional rules rather than online rules like the Zippo test, Calder tests, or the mere accessibility among others; 4) European (Germany, Netherlands) and the Colombian cases show that they prefer use offline criteria, although we can find some online rules. [ABSTRACT FROM AUTHOR]

The paper deals with the actual problem of the concept of legal subjectivity in labour law in the context of relation between two main laws in this matter -- Civil Code and Labour Code -- which is based on the principle of subsidiarity of civil law. It analyses the problematic from a historical perspective since the distinction of labour law legal personality and capacity from classic private law legal personality and capacity in 1965 by issuing the first Labour Code (65/1965 Coll.) until the adoption of the new Civil Code in 2012 (89/2012 Coll.) through all the important historical changes (liberalization of labour market in 1990s, preparation for EU membership, adoption of New Labour Code in 2006 etc.). The conclusion is devoted to the consequences of the new Civil Code (89/2012 Coll.), which was issued in 2012 and shall be effective on 1st January 2014, for the adaptation of labour law in the area of legal subjectivity. [ABSTRACT FROM AUTHOR]

This paper attempts to carry out an analysis of metaphors in a corpus of legal documents, within the theoretical framework of the cognitive metaphor theory as conceived by . There is a notable use of conceptual metaphors and framings in the law we live by which, undoubtedly, have a major impact on the way millions of people in the world act and react in their attempt of decoding legal messages. Since metaphors are basically cognitive constructs, their meaning can be grasped only through a process of transfer of significance from a source domain to a target one, leading thus, to an interpretation of the legal discourse. [ABSTRACT FROM AUTHOR]

This paper investigates the administrative, criminal and civil aspects of Italian law in order to find out whether and how current legal regulations impact on robot deployment in urban environments. The paper is based on a case study. The objects of this study are two autonomous mobile robots designed to carry out urban hygiene services in pedestrian areas. The paper points out a major problem in Italian law - the lack of legal qualification for autonomous mobile robots operating on public roads. On the contrary, at present, no relevant implications are identified with regard to Italian criminal and civil law. As a matter of fact, although autonomous, the robots that are at the center of this study can still be considered as properties and, therefore, are excluded from any personal liability in case of damage to people or things. [ABSTRACT FROM AUTHOR]

This paper examines the historical development of French Canada's civil law tradition of a dual system of notaires and avocats within the legal profession. The two streams of practice are differentiated in terms of their professional structure, jurisdictions, education and professional training, and character of legal work. The two have also repeatedly jostled for professional control over law creation, governance, and legal markets. Notaires, originally Quebec's 'first legal profession' and with noble standing as 'Defenders of the Code Civil', were largely displaced from the legal profession's helm of power and influence during the 1990s, an era described as la periode noire in the history of the Quebec notariat. This study explores structural and cultural dynamics of contested borders between these professional groups and the impact on the careers of legal practitioners. At the core of this analysis are personal biographies in the struggle for solidarity and resistance against the decline of a noble profession. The paper concludes with a discussion of the impressive reversal of fortunes taking place for le notariat in recent years. [ABSTRACT FROM AUTHOR]

In this paper, the author analyzes the restrictions imposed on party autonomy to set the arbitration procedure, derived from Constitutional Law inter alia. He does so, through a comparative exercise that deals with the case of amigable composición as an example of ADR whose contractual nature favors party autonomy. In order to demonstrate that the constituent and the Colombian legislator could have further favor party autonomy in arbitration, the author analyses the similarities between these two mechanisms. Thus, through an investigation on the roots, regulation and jurisprudential evolution of amigable composición in Colombia and in comparative law, he identifies why there are so many differences in the practice of these proceedings. [ABSTRACT FROM AUTHOR]

The applicable law to the International Contract of Distribution of the European Union presented a lot of difficulties under the application of the Rome Convention of 1980, subsequently this uniform legal norm required establishing the law applicable to the international contract, to identify the characteristic performance in such legal relationship. The characteristic performance of the distribution contract could not be determined in a uniform way, because some of the courts of the Estates which made part of it understood that it was carried out by the distributor, others maintained that is was the grantor of the merchandize, while others considered that this contract could not be established under characteristic performance theory. The Rome I Regulation from the European Union has made important modifications regarding determining the applicable law to this contract, since it has established in a rigid and direct way the norm of the habitual country of residence of the distributor for this legal relationship to be applied. The present paper pretends to analyze if the rigid determination of the law applicable to the distribution contract in the Regulation of the European Union Rome I, manages to solve interpretation problems presented on the Rome Convention of 1980, bringing legal certainty through the foreseeable applicable law to the international contract. [ABSTRACT FROM AUTHOR]

The common law trust institution always encounters modifications when it is transplanted to civil law jurisdictions. China designs its Trust Law with three characteristics in the process of localization: indeterminate title of trust assets, settlor's intrusive rights, and beneficiary's right in personam with two peculiarities. By virtue of these characteristics, Chinese lawmakers and politicians expect to make the trust institution more acceptable for the general public and orchestrated with the civil law tradition. However, these characteristics give rise to theoretical confusions and practical obstacles. This unintended result is not caused by insufficient rules in the Trust Law but by a deficient conceptual basis within the Chinese jurisprudence that is needed to underpin the trust institution. This paper addresses this problem by testing the prevailing contract theory and the novel special patrimony theory and, after systematic analyses, finds that the special patrimony theory works better to conceptualize China's Trust Law. This finding may provide some reflections to other trust-reception civilian jurisdictions to understand the trust institution. [ABSTRACT FROM AUTHOR]

The pair Public Law/Private Law is thought to be the summa divisio in Law (especially in the Continental Law tradition). But the rational of this divide («the quid») is a very much discussed question. The reason may be that we usually use the words in different contexts and with different meanings. No single explanation can give account of all of them. This paper tries an explanation of the different contexts and meanings of the pair Public Law/ Private Law. [ABSTRACT FROM AUTHOR]

The Romanian Company Law uses an intricate and elusive definition of the founders of the company, although is granting them special rights, privileges and responsibilities. This paper is aiming to identify this obscure category of persons and to present a comprehensive picture of the legal position of the company's founders, as resulting from the provisions of the Company Law, taking also into account the developments brought to the legal regulation of the civil companies, as designed by the recent adopted Civil Code. [ABSTRACT FROM AUTHOR]

This conceptual paper introduces the important link between law and knowledge resources. We analyse the three key types of institutions: common law, civil law, and social norms, conventions and how they define the nature of property rights for knowledge resources and assets. Knowledge, because of its intangible nature and value, raises fundamental issues of, measurement and property rights that do not arise for more traditional, tangible assets. We provide a conceptual analysis on how to measure and assess the value of property rights for knowledge assets and knowledge networks. A key conclusion from our analysis is that informal institutions such as social norms and conventions are relatively superior to legal institutions such as common law and civil law in the analysis of property rights of knowledge assets and knowledge networks. [ABSTRACT FROM AUTHOR]

The paper discusses influences on the Bosnian medieval law development, its role and importance in context of the European ius commune. Adopted Roman law influenced the law of the Duchy of Bosnia, then the Kongdom of Bosnia, primarily through the law of Mediterranean cities, where a legal transaction was the liveliest. The influence of the Hungarian law and the Sasks law was also visible, but the impact of canon law, which was developed and sirens from the Franciscan monastery was not negligible either. Revewing the elements of the Bosnian medieval law, it is evident that the Roman law had the greatest impact on contries of the former European area, where the Bosnia as a whole shared the fate of the legal development of neighboring countries. [ABSTRACT FROM AUTHOR]

Value debts are obligations whose object is the payment or delivery of a sum of money. The aim of this paper is to study the legal nature of this category of obligations. During this process we shall consider from the start that value debts represent an intermediary category between monetary obligations and obligations in kind. The difficulty of grouping value debts into one of the already created categories of civil law emerges from their structure and functioning. Our conclusion regarding the legal nature of this type of obligation is the following: until future legal modifications we will consider that value debts are part of obligations to do, i.e. intermediary obligations between monetary obligations and obligations in kind. [ABSTRACT FROM AUTHOR]

Very little literature concerns conflicts between civil law and common law requirements for judgment recognition and enforcement (JRE) and grounds for refusing JRE. This paper intends to fill this gap by using the finality dispute between Mainland China and Hong Kong as an example. It compares relevant Chinese law, Hong Kong law, U.S. law, and EU law. It also analyzes Mainland judicial statistics from 1999 to 2010. It argues that Hong Kong courts inappropriately apply the law of the requested court to determine the finality of a Mainland judgment in the judgment recognition and enforcement proceedings. It proposes three solutions to solve the finality dispute between Mainland China and Hong Kong: amend Hong Kong law, amend Mainland law, or adopt interregional law approaches. [ABSTRACT FROM AUTHOR]

Transition to oral processes is, without doubt, a Herculean task whose achievement, in fact, is a joint responsibility of the legislature, jurisprudence, doctrine and the national academia, who must work together in order to develop, with solvency, a real oral process. It is a challenge that demands the involvement of all legal actors who are called, in part, to rethink the system, and based on their conclusions, to put it into practice. That's why this paper addresses just one of the main topics to be considered regarding orality: the evidence rules under the oral system. Thus, it seeks to elucidate a structural question or problem: What specific reforms are needed for the rules of evidence in order to achieve the oral process? Identifying the problems that current rules of evidence have and proposing some solutions to that problems. [ABSTRACT FROM AUTHOR]

This paper studies the relationship between Religion and Law, between confesional Law and secular Law, between canon Law and civil Law, between conscience/consciousness and religion, between religion and moral, between conscience/consciousness and Law, and finally between right to freedom of conscience and objection of conscience. [ABSTRACT FROM AUTHOR]

This examination of the implementation of the European Union's Directive on Unfair Commercial Practices in the United Kingdom by the Consumer Protection from Unfair Trading Regulations 2008 assesses the likely impact on the national law governing the marketing practices of rogue traders, including its ambition to simplify and extend legal protection, and the likely success of the Directive in achieving the harmonisation of the laws and practices regulating marketing in Europe. In particular, the discussion evaluates the regulatory strategy of the Directive in its attempt to secure uniform laws through the combination of principles, rules, and concrete examples of prohibited practices. The paper also investigates the likely impact of the Regulations on the private law of contract and tort and the possibilities for improvements in a consumer's personal right of redress. [ABSTRACT FROM AUTHOR]

In this paper, I am concerned with understanding the recent efforts to reform the laws governing marriage and inheritance, the code de la famille or the Family Code in Mali. Since the advent of multiparty elections in the 1990s, prominent members of the Malian government and civil servants, Malian women's rights activists, secular NGOs, and international and bilateral donors have made efforts to promote various social reforms, including the advancement of women's rights and the promotion of gender equality, particularly through changes in the Family Code. While some observers have attributed the lack of reform to the increased influence of “Islamists” and/or to religiously conservative Muslims, I draw on historical research and ethnography to propose an alternative reading of the lack of institutional law reform. As I argue, the gap between Malian civil law relating to the family and the lived experiences and social practices of many Malians, who are overwhelmingly Muslim, has become even more apparent in this era of political liberalization and promotion of global human rights discourses. This has helped to make such proposed social reforms as the promotion of women's rights and family law reform more contentious and the ultimate outcome even more uncertain. [ABSTRACT FROM AUTHOR]

This paper demonstrates how the behavior of the parts within a contract has legal effects in the contract phase named "preliminary treatment". In this sense we perform a legal and doctrinal analysis of the concept of free will and its exteriorization, considering the implications and scope of the effective appearance theory accepted by European courts for such cases where the exteriorized behavior does not agree with the procedure of one party generating a need to protect the other that has legitimate expectation over the imminent celebration of a contract. [ABSTRACT FROM AUTHOR]

The present paper analyses the sharecropping concept's in the Galician civil law ... [ABSTRACT FROM AUTHOR]

François Hotman (1524-1590), a distinguished personality of the French Renaissance, has had multiple interests in the fields of law, history, literature or religious propaganda for the Reform. He wrote in the field of law and he contributed to the development of the study and teaching methods of Roman law. His preoccupations in this domain have proven to be full of daring. His master work will always be the history tractate Franco-Gallia, which has been a huge success at that time. He was also considered to be one of the most important renascentist political writers. He was appreciated and studied for his measureless erudition and his commentaries regarding the operas of the antiquity have been considered to be remarkably valuable (especially the ones about Cicero's discourses). The presence of the 15 exemplaries of his papers in the most important Transylvanian libraries proves the fact that Hotman's writings have been read, quoted, and collected by our intellectuals. Bringing them forward has been an honor for us. [ABSTRACT FROM AUTHOR]