Suchergebnisse

En abril del año 2015 se promulgó la ley que creó el acuerdo de unión civil en Chile. Este artículo investiga las principales ideas discutidas en el debate legislativo y del rol que cumplieron profesores de derecho de familia invitados como expertos al mismo. Proponemos que la participación de estos abogados fue marginal dentro y fuera del Congreso. Como consecuencia, la ley que creó el acuerdo de unión civil presentó serias falencias. En este artículo proponemos considerar las batallas intra-profesionales por el reconocimiento de un saber experto, como un factor clave en la formulación de políticas en materia de género y sexualidad. Y de paso, esperamos abrir un debate desde una perspectiva interdisciplinaria que reimagine al derecho de familia desanclado de relaciones diádicas, centradas en la atracción sexual y orientadas a la procreación.In Chile, a bill recognizing civil unions for same-sex and opposite-sex couples was signed into law in April 2015. In this article, we analyze the parliamentary debate on the civil union's law and the role of law professors invited as experts in the debate. We conclude that their position as experts was marginal inside and outside the Congress. As a result, the parliament approved the law with several shortcomings. The contribution of this research is twofold. First, we propose that intraprofessional battles over expertise are a crucial factor to understand better the formulation of gender and sexual policies in Latin America. Second, from an interdisciplinary approach, we propose to reimagine family law decoupled from norms centered on dyadic and romantic relationships and oriented to procreation.

Robbery is one of the most dangerous criminal offences, because it encroaches on the fundamental values protected by criminal law − personal property, health and freedom. The dangerousness of this crime relates to a violent attempt against another person's property. Not only that is one of the most dangerous but also one of the most often committed criminal offences against property and, as a result, robbery cases constitute the highest workload for courts. The adoption of the 2000 Criminal Code of the Republic of Lithuania established new elements of the crime of robbery. Important changes were introduced in the principal attributes of the elements of robbery, the qualified elements of robbery were also revised. A substantial change was made in the attribute 'way of commission of robbery', which also predetermined a different assessment of offence completion; an entirely different system for grouping the qualifying attributes was created, introducing the qualifying attributes that had not been applied until that time, etc. Thus, the legislation brought about a new challenge in the interpretation of robbery elements and application of the criminal law, and the set objectives have been pursued for more than a decade already. With the new content of the robbery elements established in the criminal law, the case law of cassation has been developed since the entry into force of the 2000 CC that laid down the foundations for proper application of the law and for the development of the concept of the said crime, however, there was, in principle, no consistent research on this topic. In response to these challenges, the dissertation includes a complex study of the elements of robbery.

Indonesia is a plural or pluralistic society, which includes a variety of awareness both personal and group. In the development of the legal system in Indonesia, which became an important part of cultural and community awareness is very influential in the development. Indonesia is a culture and awareness of the law is no single or uniform, although in principle there are various similarities in the pluralistic society. Existing equation should be used to formulate a legal union, although many different cultures in Indonesia. Pancasila is the philosophical basis for the formation of the unitary state of Indonesia, therefore, for the realization of national unity in enacting a national law in Indonesia must be based on Pancasila and the 1945 Constitution as the supreme norm. The objective of this study will clarify that the law enacted at this time still does not reflect the values of Pancasila and impressed liberalism, as the law is currently drafted and enforced on the basis of normative thinking less backed up to a statement of the case and the plural society , namely empirical thinking. Methodology This study will explain the values of Pancasila and culture in the development of legislation that affects the development of the other, which can be reviewed comprehensively in this paper. Thus for the sake of the welfare of the nation and public awareness of the law, the results of this study will explain the need for the development of legal systems that systemic and continuously keeping with the character of the Indonesian nation, namely the development of legislation based on the Pancasila.

The existence of human rights in the conception of the rule of law and democracy in Indonesia is the most basic. However, the concept of regulating human rights by the state does not mean that there is a restriction on human rights by the State, but the concept is regulation by the State. Using normative legal research, also called doctrinal law research. In this type of legal research, law is often conceptualized as what is written in laws and regulations (law in books). Analyzed using qualitative descriptive analysis. The results of this study indicate that, in a democratic country, the implementation of human rights is a must. The degree of implementation of democracy and human rights is also influenced by the role of the State. The implementation of democracy and human rights with the people's sovereignty are ideals to be achieved.Keywords: democracy; human rights. AbstrakKeberadaan Hak Asasi Manusia dalam konsepsi Negara hukum dan demokrasi di Indonesia suatu hal yang paling mendasar. Namun konsepsi pengaturan hak asasi manusia oleh negara tersebut bukan berarti terjadinya pengekangan hak asasi manusia oleh Negara, namun konsepsinya adalah pengaturan oleh Negara. Menggunakan penelitian hukum normatif, di sebut juga penelitian hukum doktrinal. Pada penelitian hukum jenis ini, acapkali hukum di konsepkan sebagai apa yang tertulis dalam peraturan perundang undangan (law in books). Dianalisis menggunakan analisis deskriptif kualitatif. Hasil penelitian ini menunjukkan bahwa, pada suatu Negara yang berdemokrasi, implementasi Hak Asasi Manusia merupakan suatu keharusan. Tingkatan implementasi demokrasi dan hak asasi manusia juga dipengaruhi oleh peran Negara. Implementasi demokrasi dan Hak asasi manusia yang berkedaulatan rakyat merupakan cita-cita yang hendak dicapai.Kata Kunci : demokrasi; hak asasi manusia.

The many figures that populated the family in the seventeenth and eighteenth centuries gradually disappeared until the couple of husband and wife took the centre of the stage, and the marriage contract became constitutive of domestic relations.- Carole Pateman, The Sexual Contract, p.116.This paper is an historical study of the dissolution of the productive household in (primarily) nineteenth-century English law and legal thought. Building on Pateman's insights into the construction of the family and marriage in political thought, the paper shows how law and legal thought contributed to the disaggregation of work and family life, and constructed (in place of the household) a legal conception of the private family that revolved around the married couple. The first part of the paper traces the movement in scholarly legal thought from Blackstone's "private oeconomical relations", to the late nineteenth century category of "Domestic Relations", and the eventual emergence of "Family Law" in the twentieth century. It identifies two key processes in this intellectual shift: the excision of master-servant law from the legal household and its (imperfect) identification with contract; and a concomitant move away from a contractual treatment of marriage towards a modern, specifically legal, status-based conception of the relation. The second part of the paper considers how institutional lawmaking and social norms combined to disaggregate the household in distinctly gendered ways. Addressing enclosure laws, family wage ideology, married women's property laws, and judicial reinforcement of women's presumed domesticity in breach of promise to marry cases, it shows how law and ideology reinforced the sexual contract by splitting the household along corresponding female/male and family/work lines.

Robbery is one of the most dangerous criminal offences, because it encroaches on the fundamental values protected by criminal law − personal property, health and freedom. The dangerousness of this crime relates to a violent attempt against another person's property. Not only that is one of the most dangerous but also one of the most often committed criminal offences against property and, as a result, robbery cases constitute the highest workload for courts. The adoption of the 2000 Criminal Code of the Republic of Lithuania established new elements of the crime of robbery. Important changes were introduced in the principal attributes of the elements of robbery, the qualified elements of robbery were also revised. A substantial change was made in the attribute 'way of commission of robbery', which also predetermined a different assessment of offence completion; an entirely different system for grouping the qualifying attributes was created, introducing the qualifying attributes that had not been applied until that time, etc. Thus, the legislation brought about a new challenge in the interpretation of robbery elements and application of the criminal law, and the set objectives have been pursued for more than a decade already. With the new content of the robbery elements established in the criminal law, the case law of cassation has been developed since the entry into force of the 2000 CC that laid down the foundations for proper application of the law and for the development of the concept of the said crime, however, there was, in principle, no consistent research on this topic. In response to these challenges, the dissertation includes a complex study of the elements of robbery.

Robbery is one of the most dangerous criminal offences, because it encroaches on the fundamental values protected by criminal law − personal property, health and freedom. The dangerousness of this crime relates to a violent attempt against another person's property. Not only that is one of the most dangerous but also one of the most often committed criminal offences against property and, as a result, robbery cases constitute the highest workload for courts. The adoption of the 2000 Criminal Code of the Republic of Lithuania established new elements of the crime of robbery. Important changes were introduced in the principal attributes of the elements of robbery, the qualified elements of robbery were also revised. A substantial change was made in the attribute 'way of commission of robbery', which also predetermined a different assessment of offence completion; an entirely different system for grouping the qualifying attributes was created, introducing the qualifying attributes that had not been applied until that time, etc. Thus, the legislation brought about a new challenge in the interpretation of robbery elements and application of the criminal law, and the set objectives have been pursued for more than a decade already. With the new content of the robbery elements established in the criminal law, the case law of cassation has been developed since the entry into force of the 2000 CC that laid down the foundations for proper application of the law and for the development of the concept of the said crime, however, there was, in principle, no consistent research on this topic. In response to these challenges, the dissertation includes a complex study of the elements of robbery.

The scope of land disputes that became the competence of the State Administrative Judicature according to the judicial principle adopted in Indonesia, the implementation of the Decision of the State Administrative Court in the settlement of land disputes.This research is conducted through normative legal approach (juridical normative), that is how law is utilized as an instrument to realize the application of land dispute resolution mechanism through authority to try State Administration Court. This research uses normative legal research type to identify and analyze legal factor which is an obstacle in the application of legislation, where this study refers to the laws and regulations on land and State Administration Judicature Law, court decisions and other legal materials.That the State Administration Dispute in the field of land arises because of a written stipulation issued by the State Administration or Administrative Officer containing State Administration law action which in accordance with the prevailing laws and regulations has been concrete, individual and final in the form of land certificate of ownership the right to land issued by the Government. Implementation of the Decision of State Administration which has been decided and has the force of law in practice raises a polemic in the community where the State Administration officials are not willing to carry out the decision of the Administrative Court of the State. This condition is caused because the State Administrative Court is not the executor (executor of the decision) but only as supervisor of the implementation of the decision, for all government actions in order not to violate the law and the role of legal protection for the community.

The article examines the technique of private enforcement as a juridical instrument to protect the market in combination with the punitive sanction mechanisms of public law. After a first definition of private enforcement, we investigate the position taken by the European Commission on the use of private enforcement, verifying its function with respect to the objectives of market protection. The main instruments of private enforcement are therefore considered: civil liability, termination of the contract, nullity of the contract, injunction. We will focus on the main constraints to the application of the abovementioned instruments of private enforcement proposing solutions in the light of an overcoming of the boundaries between public law and private law. As highlighted in Directive 2014/104/EU, "the practical effect of the prohibitions laid down requires that anyone – be they an individual, including consumers and undertakings, or a public authority – can claim compensation before national courts for the harm caused to them by an infringement of those provisions." For this reason it is important to consider all the different private enforcement tools and try to remove the obstacles to their effective functioning. Private law is activated on the action of individuals who exercise the rights recognised by the law. Individuals being closer to the emergence of the problem are able to represent the violation of the interests at stake according to the logic proper to the principle of subsidiarity. The Principle of subsidiarity states that a wider and greater body, such as a government, should not exercise functions that can be carried out efficiently by a smaller one, such as an individual or a private group, acting independently.

By analyzing one of the most eventful periods of the modern history of Poland, the early 80s of the XX century, the author examines the dynamics of social and political conflict on the eve of the introduction of martial law, which determines the location of the leading political forces in these events in Poland, that were grouped around the Polish United Labor Party and the Independent trade union «Solidarity», their governing structures and grassroots organizations, highlighting the development of socio-political situation in the country before entering the martial law on the 13th of December and analyzing the relation of the leading countries to the events, especially the Soviet Union.
Also, the author distinguishes causes that prevent to reach the compromise in the process of realization different programs, that were offered to public and designed by PUWP and «Solidarity» and were "aimed" to help Polish society to exit an unprecedented conflict.
This article provides a comparative analysis of the different analytical meaningful reasons, offered by historians, political scientists, lawyers, and led to the imposition of martial law in the Republic of Poland. The author also analyses the legality of such actions by the state and some conclusions that were reached by scientists, investigating the internal dynamics of the conflict and the process of implementation of tasks, that Polish United Workers' Party (which ruled at that time) tried to solve with martial law and «Solidarity» was used as self-determination in Polish society.
Keywords: Martial law, Independent trade union «Solidarity», inter-factory strike committee, social-political conflict, Polish United Workers' Party, the Warsaw Pact, the Military Council of National Salvation

In recent years it has become fashionable again among politicians and publicists across Europe to practice 'Brussels bashing' and make the EU responsible for many ills of globalisation and modern society. This applies in particular to the field of environmental law. The European Union has been active in the field of environmental protection since the 1970s, i.e. since a time when there was no Union yet but a European Economic Community (EEC), a European Coal and Steel Community and a European Atomic Energy Community (Euratom). The EEC Treaty of 1957 did not know the term 'environmental protection' and for the next decades did not contain any explicit legislative competence for this subject matter. The main instrument of EU environmental policy is the directive. In the European context it means a framework law, as proposed by the EU Commission and adopted by the Council and the European Parliament, which the Member States have to transpose within certain deadlines into their national law, and specify and implement by their authorities into practice. The directive is binding as regards the objective (the result to be achieved) but leaves the choice of form and methods to the national authorities. It is estimated that 80% of current environmental law in Germany (as well as probably in other Member States) is determined by the European Union.
The author of this article presents his thoughts on how the EU shapes Member State environmental law and policy, highlighting inter alia "innovation from Brussels" such as EIA, access to environmental information and climate protection, as well as the systematic and risk-based approach as hallmark of EU legislation.

INTRODUCTION: Smoke-free policies are effective in eliminating health hazards that can lead to chronic diseases and premature death. How hospitality businesses experience clean indoor air policies may provide leverage in States that have not adopted such policies. This study assessed whether North Carolina restaurants and bars receive complaints and/or experience benefits five years after implementation of the State's smoke-free law. METHODS: A 2015 mail survey was used to assess problems, benefits, and voluntary policies (i.e., policies related to the use of electronic cigarettes indoors and outside smoke-free seating areas) among restaurant and bar owners/managers. The survey yielded 135 responses for a response rate of 20.3%. RESULTS: The two most frequently selected benefits among respondents were customers breathing less tobacco smoke (65.2%) and fewer complaints about secondhand smoke (58.5%). The majority of restaurants (79.7%) and bars (71.4%) reported experiencing at least one benefit from the law. Restaurants were significantly more likely than bars to restrict the use of electronic cigarettes inside. No significant difference was found between restaurants and bars in smoke-free outdoor customer areas. Bars were more likely to report problems with the smoke-free law (e.g. lack of outdoor space for smoking, compliance issues). CONCLUSIONS: This study reveals successes of North Carolina's smoke-free law. The majority of respondents reported experiencing at least one benefit of the law and some reported that they had implemented additional voluntary policies. Learning more about how hospitality businesses experience smoke-free laws can help other states and communities deal with similar policy changes in the future.

Der Beitrag untersucht regulatorisches Umfeld und gelebte Wirklichkeit der Tätigkeit ausländischer Anwaltskanzleien in der Volksrepublik China. Dabei wird zunächst kurz die Bedeutung und Entwicklung des Anwaltsberufes nach Gründung der Volksrepublik insgesamt betrachtet, woran sich die ausführliche Analyse der relevanten rechtlichen Vorschriften für ausländische Anwaltskanzleien in ihrer historischen Entwicklung bis heute anschließt. Insgesamt wird dabei ein derzeit nur semi-geöffneter Markt für ausländische Anwaltskanzleien konstatiert, dessen Spielregeln nicht immer durch klare gesetzliche Vorschriften vorgegeben werden. Komplettiert wird die Betrachtung stets durch den unerlässlichen Blick in die anwaltliche Praxis und die dort gefundene Handhabung der fraglichen Normen unter Berücksichtigung des behördlich geprägten modus vivendi. Der Beitrag schließt mit einem Plädoyer gegen die bisherige protektionistische Politik und für eine weitere Öffnung des chinesischen Marktes für ausländische Kanzleien und unterbreitet hierzu konkrete, detaillierte Vorschläge, wie diese wünschenswerte Öffnung – nicht zuletzt im chinesischen Interesse – erfolgen könnte. ; Red lines and grey areas: foreign law firms in ChinaThe article deals with the regulatory environment and the lived reality of legal practice conducted by foreign law firms in the People's Republic of China. After giving a brief introduction on the importance and development of the legal profession in general following the foundation of the People's Republic, the author thoroughly examines the relevant legal provisions concerning foreign law firms and the development of these provisions over time. Observations are supplemented by always taking into account actual legal practice and the practical solutions found for dealing with the various provisions and the given administrative modus vivendi. Overall, an only semi-open market for foreign law firms is presently found, one whose basic rules are not always clear. The article concludes with a plea against the existing protectionist policy and in favour of a further opening of the Chinese market for foreign law firms. In doing so, the author offers detailed suggestions on how to implement this desirable change, also spelling out the possible benefits for Chinese interests.

24 páginas ; Interdisciplinarity is a key element in environmental protection. This involves interaction not only between different spheres o knowledge, natural sciences, economic, political, social, legal, etc., but also within the framework o the law that regulates the management, preservation and recovery o the environment. The importance o the objective pursued in this matter requires consistency, coordination and consistency between the different branches o the legal system in order to unify the regulation o environmental protection from the different legal fronts. As with any other branch o law, civil law and environmental law must also be predicated on harmonized interaction. The basic idea o this paper is to analyze whether there are institutions in the civil law area that can contribute to the legal protection o the environment. ; La interdisciplinariedad es un elemento clave en materia de protección ambiental. Implica la interacción no solo entre diferentes ámbitos del conocimiento (ciencias naturales, económicas, políticas, sociales, jurídicas, etc.), sino también en el marco del propio derecho que regula la gestión, preservación y recuperación del medio ambiente. La importancia del objetivo que se persigue en esta materia exige consonancia, coordinación y consistencia entre las diferentes ramas del ordenamiento jurídico a efectos de unificar la regulación de la protección ambiental desde los diferentes frentes jurídicos. Como con cualquier otra rama del derecho, entre el derecho civil y el derecho ambiental también debe predicarse una interacción armonizada. La idea de base de este escrito consiste en analizar si en el ámbito del derecho civil existen instituciones que puedan contribuir a la protección jurídica del medio ambiente.

Abstract: Analysis Of Legal Considerations On Household Violence As A Factor Causes Of Divorce (Case Study Of Religious Courts Verdict In Manna Class II No. 0018/Pdt.G/2014/PA.Mna dan No. 0466/Pdt.G/2014/PA.Mna). Based on reports of the National Commission for Women gathered from Religious Court, it shows that the Religious Court is the first door to reveal the household violence. This study will address whether the acts of household violence may be a reason to file for divorce? And what is to be considered by Manna Religious Court in deciding a divorce case by reason of household violence? This research is a qualitative juridical normative approach to legislation and case study approach. The result shows thathousehold violence can be used as an excuse to initiate divorce (Law No. 23 Year 2004 concerning the Elimination of Household Violence Article 5, 44, 45). It can be linked to the Marriage Act jo Government Regulation No. 9 of 1975, and the Compilation of Islamic Law (Presidential Decree No. 1 of 1991 Section 19 (b) and (d) of Government Regulation No. 9 of 1975 and Section 116 (b). Manna Religious Court in deciding a divorce case by reason of household violence, namely the decision number: 0018 / Pdt.G / 2014 / PA.Mna, the contested divorce, the legal basis for its consideration, namely, Article 39 paragraph (2) of law No. 1 Year 1974 Jo. Section 116 (g) Compilation of Islamic law. Accordingly, the plaintiff had been grounded and is not against the law. However, the decision in its consideration of the judges did not mention about the mediation process.