Suchergebnisse

Our law recognises two types of loans, namely a loan for use (commodatum) and a loan for consumption (mutuum)'. In a loan for use something is delivered for use by a borrower without reward, and the borrower is obliged to return the same thing he received on loan. For example, a person may lend another person an asset of his, and when the recipient has finished using that asset the identical asset in the same condition as received, is to be returned to the lender. In a loan for consumption one or more units of some fungible thing are delivered to the borrower. The borrower may consume what has been received but is bound to return the same number of units of the type of the thing borrowed. In constrasting a commodatum with a mutuum, it can be seen that a lender ·in the first instance retains ownership of the asset loaned, whereas in the second, ownership is passed to the borrower, who undertakes to repay the loan by delivering things of an identical quality and quantity as those borrowed. Thus, an essential characteristic of a loan of money is that the lender is either the owner of the funds advanced, or is authorised to make the loan by the owner. Once delivery has taken place to the borrower a contract can probably be said to be binding. 2 Thus, a contract of loan cannot be said to be binding by part performance as, in mutuum the only person bound is the person who received a service by the handing over of the money in question.

Section II of this paper briefly sets out the jurisdictional scheme of the 1984 Act. Section III presents and describes the argument that the "related to" bankruptcy jurisdiction is unconstitutional. Statements in the legislative history indicate that some legislators believed it would be unconstitutional for a federal court to take jurisdiction in a non-diversity case with Marathon-type state law issues. Several cases have adopted this reasoning and have held that in order for a federal court to have "related to" bankruptcy jurisdiction there must be an independent basis for federal jurisdiction. The Supreme Court cases supporting "related to" jurisdiction are set out in section IV. Section V examines the "original ingredient" theory of Osborn v. Bank of the United States and discusses pendent and ancillary jurisdiction as bases for the "related to" jurisdiction. Although courts that uphold "related to" jurisdiction reach the correct result, justifying the federal court's "related to" bankruptcy jurisdiction on grounds of pendent or ancillary jurisdiction strains those concepts as we know them. Section VI discusses various theories of protective jurisdiction, articulates the most persuasive of those theories, and explains how the political process is the most acceptable check on federal power when protective jurisdiction is involved. Section VII reexamines the "related to" bankruptcy jurisdiction in the context of the political process check on protective jurisdiction, concluding that the compromise Congress reached between federal and state interests in the 1984 Act shows that the political process can function as a meaningful check on federal intrusion into state judicial sovereignty. Section VIII contains some brief conclusory remarks.

El estudio lleva a cabo un análisis crítico de la regulación de los contratos de consumo transfronterizos. Se trata de un análisis que ha cobrado actualidad a la vista de la necesidad de dar explicación a los cambios en las soluciones de Derecho internacional privado, ahora contenidas en el Reglamento Roma I sobre la ley aplicable a las obligaciones contractuales, y de encontrar la relación entre estas soluciones con las nuevas directrices que ha comenzado a seguir el legislador europeo en las directivas de armonización de los derechos de los consumidores y con las normas estatales españolas de Derecho internacional privado. Se analiza también el impacto sobre el tratamiento de los supuestos transfronterizos de las más recientes decisiones del Tribunal de Justicia dictadas en este ámbito. The study carries out a critical analysis of the regulation of cross-border consumer contracts. This is an analysis nowadays required in view of the need to explain the changes in the private international law solutions, now contained in the Rome I regulation on the law applicable law to contractual obligations, and to find out the relationship between these solutions with the new guidelines followed by the European legislator in the directives on harmonization of consumer rights and with the Spanish state rules of private international law. It also analyses the impact on the treatment of the cross-border cases of the most recent decisions of the European Court of Justice issued in this field.

В статье рассматриваются конституционные основы формирования в современной России демократического правового государства. Выделяются организационно-функциональные признаки правового государства, в частности базовый принцип разделения властей. Показана особая роль Конституции РФ 1993 г. в регулировании общественных отношений. ; In the article are observed the constitutional foundations of formation a democratic law-governed state in modern Russia. Organizational and functional features of the rule of law are highlited, the basic principle of separation of powers is among them. The special role of the Russian Constitution, 1993 in the regulation of social relations.

Анализируется германский опыт преподавания курса «государственное (конституционное) право ФРГ», в частности изучаются его традиционные структурные элементы. На основании проведенного исследования сделаны выводы и предложения по оптимизации курса «конституционное право России», преподаваемого в современных российских университетах. ; The author analyses the German practice of teaching the Staatsrecht (State (Constitutional) Law of Germany) course and the main structural elements of the course. On the basis of the research conducted, several conclusions and proposals regarding the optimization of the structure of the Constitutional (State) Law of Russia course are made.

Статья посвящена специфике законотворчества в субъектах РФ, анализу структурных элементов этой деятельности, а также форм участия российских регионов в федеральном законотворческом процессе. Автор отмечает существование пробелов в осуществлении регионального законотворчества. Установлена необходимость повышения эффективности законотворческого процесса в субъектах РФ, активизации участия региональных парламентов в федеральном законотворческом процессе при недопустимости опережающего законотворчества субъектов России по предметам совместного ведения. ; The article is devoted to the specificity of lawmaking in the regions of the Russian Federation, the analysis of the structural elements of this activity and the forms of the participation of the Russian regions in federal law-making process. The author notes the existence of deficiencies in the process of regional lawmaking implementation and ascertains the necessity of rise in the efficiency of law-making process in the regions of the Russian Federation, the activization of the participation of regional parliaments in federal law-making process preserving the inadmissibility of leading lawmaking of regions of Russia on the subjects of joint authority.

The assessment of the possible health impacts associated with an industrial installation has been made compulsory by various pieces of legislation, in particular the Law of 30 December 1996 (the 'Air Law'). It complements environmental impact assessments. It is carried out in accordance with the health risk assessment (ERS) approach, detailed and detailed in various circulars and guides, the main stages of which are as follows: (I) inventory of polluting substances and their flow, (ii) determination of their hazards, according to available toxicological data, including dose/effect relationships to produce reference doses, (iii) population exposure study (routes and exposure levels), (iii) health risk characterisation by comparing exposure levels and reference doses. ; International audience The assessment of impacts on human health linked to an industrial plant became mandatory through several regulations, especially the French Law of December 30th 1996 ("Law on Air"). This is complementary to the studies of environmental impact. It is achieved through an approach called Health risk assessment, which is detailed in several guidelines and is based on the following steps : i) an inventory of pollutants and their fluxes, ii) a determination of their hazards, based on available toxicological data, including dose/effect relationship, in order to set up reference doses, iii) a study of exposure of the populations (routes and levels of exposure), iiii) a characterization of the health risk, by comparing exposure levels and reference doses. ; The assessment of the possible health impacts associated with an industrial installation has been made compulsory by various pieces of legislation, in particular the Law of 30 December 1996 (the 'Air Law'). It complements environmental impact assessments. It is carried out in accordance with the health risk assessment (ERS) approach, detailed and detailed in various circulars and guides, the main stages of which are as follows: (I) inventory of polluting substances and their flow, ...

A New Introduction to American Constitutionalism is the first truly interdisciplinary study of the American constitutional regime. Mark A. Graber explores the fundamental elements of the American constitutional order with particular emphasis on how constitutionalism in the United States is a form of politics and not a means of subordinating politics to law.

This work presents the findings of an empirical study conducted at Goethe University Frankfurt, concerning the legal realities of public defender assignment since the new law came in effect in 2010. The monograph summarizes the results of a survey of around 3,300 public defenders, and is the most comprehensive study of public defense undertaken in Germany

In America today, a public official's lawful income consists of a salary. But until a century ago, the law frequently authorized officials to make money on a profit-seeking basis. Prosecutors won a fee for each defendatn convicted. Tax collectors received a cut of each evasion incovered. Naval officers took a reward for each ship sunk. The list goes on. This book documents the American government's 'for profit' past, to discover how profit-seeking defined officials' relationshp to the citizenry and to explain how lawmakers - by banishing the profit motive in favour of the salary - transformed that relationship forever.

Litigating before the Supreme Court in a time of transition and discerning what the current climate of political division means for the future of the Court and the nation's legal culture were key themes of a Conversations@BC Law discussion Oct. 18 between former US Solicitor General Donald Verrilli and Professor Kent Greenfield.

This article aims to analyze the problem of reunification between the PRC and Taiwan in the last decade, as part of two milestones: first, the enactment of the Anti-Secession Law of March 14, 2005; and second, the signing of the Economic Cooperation Framework Agreement on 30 June 2010. Adapted from the source document.

Article 7 TEU protects the European Union against political developments in one or more member states that undermines values on which the common association is based. We identify three particular reasons for such a provision. First, the level of cooperation achieved within the European Union requires consensus on fundamental values among those public officials of the member states who participate in EU decision making. Second, since the European Union is not merely an association of states, but a polity of constitutional quality, diversion from the common values would undermine the realisation of rights of private persons of other member states in their cross-border activities. Finally, Article 7 TEU protects citizens and resident legal persons of the violating state against political changes that do not respect liberal values, even if achieved through a democratic process. The last issue, which, as the Polish and Hungarian cases have revealed, has been the most controversial, forms in fact the very core of the European integration project. Article 7 TEU does not only allow for political sanction, but creates a special liability regime. Legal scholarship, however, has not yet undertaken a serious analysis of its individual components. A comprehensive analysis requires bringing together legal experts on European law, constitutional law, law of tort/delict, and experts that can bring a comparative perspective on solutions in other jurisdictions. The contributions to this book have been discussed during a conference at the Charles University Prague in 2016.--