Suchergebnisse

Die Vorbereitungen laufen bereits viele Jahre, nun liegt er endlich vor: der Entwurf der Europäischen Kommission für ein Gemeinsames Europäisches Kaufrecht als Optionales Instrument. Beteiligte an den Vorarbeiten und wichtige Kritiker derselben setzen sich in diesem höchst empfehlenswerten Buch mit dem Kommissionsentwurf auseinander. Wie wird die Harmonisierung des europäischen Vertragsrechts durch den Entwurf vorangetrieben? Wie "schlägt" sich der Entwurf im Vergleich zum BGB, zum DCFR oder zu den Acquis-Principles? Beleuchtet werden insbesondere Irrtumsanfechtung, AGB-Kontrolle, allgemeines und besonderes Leistungsstörungsrecht beim Kauf und bei verbundenen Dienstleistungen sowie übergreifende Fragestellungen zum Verbraucherrecht. Der Band wird abgerundet durch eine Synopse des Kommissionsentwurfs und der vorangegangenen Machbarkeitsstudie, in der die Entwicklung des Textes deutlich wird.

""5. Ex Plautio libri V""""6. Epistularum libri XIV""; ""7. Incertae sedis fragmenta""; ""7. P. Iuventius Celsus Titus Aufidius Hoenius Severianus""; ""1. Responsa""; ""2. Epistularum libri""; ""3. Quaestionum libri""; ""4. Commentariorum libri""; ""Additamenta.""; ""1. Veterum sententiae et libri""; ""2. Incertorum sententiae et libri""; ""3. Quae quaeruntur vel dubitantur quaeque quaesita vel dubitata sunt""; ""4. Quae recepta sunt, placuerunt, constant similiaque""; ""5. Quod �dicitur� vel �vulgo dicitur� similiaque""; ""Corrigenda et addenda""; ""Indices""

""Contents ""; ""Preface to This Edition ""; ""Preface to the Original Edition ""; ""Introduction ""; ""I. General Remarks ""; ""II. Notes on the Specific Selections ""; ""Part I. The will and intellect ""; ""Part II. The will and its inclinations ""; ""Part III. Moral goodness ""; ""Part IV. God and the moral law ""; ""Part V. The moral law in general ""; ""Part VI. The intellectual and moral virtues ""; ""Part VII. The love of God, self, and neighbor ""; ""Part VIII. Sin ""; ""Texts in Translation ""; ""Part I. The Will and Intellect ""; ""Part II. The Will and Its Inclinations

Status of religious communities -- Constitutional guarantees: a historical overview -- Legal registration of religious communities -- State support for Islamic religious communities -- Muslims in integration laws -- Mosques and prayer houses -- Burial and cemeteries -- Education and schools -- Compulsory education -- Religious education -- Independent schools -- Further and higher (tertiary) education -- Islamic religious education training at universities -- Islamic chaplaincy in public institutions -- Employment, social laws and discrimination -- Religious holidays -- Islamic slaughter and food regulations -- Islamic goods and services -- Islamic dress -- Criminal law -- Male circumcision -- Female genital mutilation -- Forced marriages -- Family law -- Private international law -- Marriage and divorces -- Spouses' matrimonial property rights -- Inheritance law -- Substantive family law -- Marriage -- Divorce -- Spouses' matrimonial property rights -- Inheritance law -- Children -- General considerations -- Islamic custody and fostering in Swedish law -- Bibliography

Traditionally, the quality of law is associated with observing certain principles of law making, the so-called principles of good legislation. Such a way of thinking, however, seems to be an over-simplification. Thus, the author indicates that the high-quality of legislation and the principles of good legislation are not the same. Law passed on the basis of good legislation procedures does not automatically result in the high-quality law, in particular, if one makes an assumption that the quality of law depends, above all, on legal certainty being ensured. The reflections presented here express an opinion on the immediate connection between the quality of law and the theory of law. In this perspective, thoughts on the quality of law resulted in an opinion how firmly the process of improvement in law quality is associated with the development of the theory of law. As regards the studies on the quality of law as a measure of legal certainty, three issues are pointed out in the material: 1. the quality of law from the point of view of its formation in reference to certain general social phenomena, 2. the quality of law relating to a person, 3. the quality of law in judicial activities.

This article deals with the evaluation of some of the new and significantly modified concepts included in the Tax Ordinance bill. The proposed bill introduces a number of previously non-existent regulations (e.g. non-executive forms of settlement) into the general tax law, it codifies the general principles of the tax law, and substantially modifies some of the existing regulations (e.g. statutes of limitation, correction of declarations). The purpose of the publication is to clarify these regulations and to indicate possible changes, which the author finds essential, to the proposed legislation. ; Artykuł poświęcony jest ocenie niektórych nowych oraz istotnie zmodyfikowanych instytucji, zawartych w projekcie ustawy Ordynacja podatkowa. Przedstawiony projekt wprowadza bowiem do ogólnego prawa podatkowego szereg instytucji dotychczas w nim nieistniejących (np. niewładcze formy załatwiania spraw), kodyfikuje ogólne zasady prawa podatkowego, a także w sposób istotny modyfikuje niektóre z obecnie obowiązujących przepisów (np. przedawnienie, korygowanie deklaracji). Celem publikacji jest przybliżenie tych instytucji oraz wskazanie ewentualnych niezbędnych, zdaniem autorki, zmian proponowanych przepisów

Deprivation of an entity of acquired rights deriving from an administrative act is possible through the combined application of administrative provisions of substantive and procedural law. The limits of durability acquired under an administrative decision rights are the constitutional principle of the protection of acquired rights and the general principles of administrative procedure. The permanence of the right acquired by the administrative decision is not absolute. Repeal or change of the administrative decision is possible only in the mode provided in the law, since the administrative decision makes use of the presumption of regularity. The deprivation of administrative and legal powers in the area of public law takes place in the context of an assessment of the implementation of an administrative decision carried out by a state body. This assessment is possible with the use of two procedural institutions for the expiry of an administrative decision and a substantive institution for the withdrawal of rights. The body assesses whether the addressee of an administrative act has implemented the administrative decision not only in accordance with its content but also the provisions of the generally applicable law. The deprivation of a party of an acquired right is often accompanied by the need to award damages (grant compensation). The procedure and premises for claiming compensation liability have been regulated in the provisions of substantive administrative law. The principle of the effectiveness of public administration bodies is one of the basic principles of administrative law. Its application is not limited only to the creation of law, but also includes the application of law by public administration bodies. The problem of the efficiency of operations of state bodies is of particular importance not only in the area of enforceability of an administrative decision, but also its authorising function. The efficiency of operations of entities in the State structure is assessed through the prism of the implementation of a given administrative decision.

Deprivation of an entity of acquired rights deriving from an administrative act is possible through the combined application of administrative provisions of substantive and procedural law. The limits of durability acquired under an administrative decision rights are the constitutional principle of the protection of acquired rights and the general principles of administrative procedure. The permanence of the right acquired by the administrative decision is not absolute. Repeal or change of the administrative decision is possible only in the mode provided in the law, since the administrative decision makes use of the presumption of regularity. The deprivation of administrative and legal powers in the area of public law takes place in the context of an assessment of the implementation of an administrative decision carried out by a state body. This assessment is possible with the use of two procedural institutions for the expiry of an administrative decision and a substantive institution for the withdrawal of rights. The body assesses whether the addressee of an administrative act has implemented the administrative decision not only in accordance with its content but also the provisions of the generally applicable law. The deprivation of a party of an acquired right is often accompanied by the need to award damages (grant compensation). The procedure and premises for claiming compensation liability have been regulated in the provisions of substantive administrative law. The principle of the effectiveness of public administration bodies is one of the basic principles of administrative law. Its application is not limited only to the creation of law, but also includes the application of law by public administration bodies. The problem of the efficiency of operations of state bodies is of particular importance not only in the area of enforceability of an administrative decision, but also its authorising function. The efficiency of operations of entities in the State structure is assessed through the prism of the implementation of a given administrative decision.

During the political transformation in Poland, electoral law was frequently changed. The general principles, already adopted in 1991, were maintained in parliamentary elections (to the Sejm). The changes only affected the detailed solutions concerning how the votes were calculated as mandates, and the sizes of constituencies. The so-called elective thresholds, which were introduced in 1993, have been maintained. In practice, the result of the current system of parliamentary elections is that the parties that attract approximately 25% of the votes cast by all those authorized to vote, win over half the parliamentary mandates, thereby exercising power. Therefore, the claim that a democratic electoral system is based on the principle of majority rule seems doubtful here, as what we actually get entails the rule of the largest social group, or at least the one that has the most effective organization. Contrary to popular belief, the majority elections to the Senate do not change the above rule. A voter supporting a given candidate in these elections is mainly directed by the political group which supports this candidate. The electoral system to the Senate was finally formed in 1991 and only slightly amended in 2001. Asingle-mandate constituency in the elections to the upper chamber of the parliament was only introduced by Electoral Law in 2011. ; During the political transformation in Poland, electoral law was frequently changed. The general principles, already adopted in 1991, were maintained in parliamentary elections (to the Sejm). The changes only affected the detailed solutions concerning how the votes were calculated as mandates, and the sizes of constituencies. The so-called elective thresholds, which were introduced in 1993, have been maintained. In practice, the result of the current system of parliamentary elections is that the parties that attract approximately 25% of the votes cast by all those authorized to vote, win over half the parliamentary mandates, thereby exercising power. Therefore, the claim that a democratic electoral system is based on the principle of majority rule seems doubtful here, as what we actually get entails the rule of the largest social group, or at least the one that has the most effective organization. Contrary to popular belief, the majority elections to the Senate do not change the above rule. A voter supporting a given candidate in these elections is mainly directed by the political group which supports this candidate. The electoral system to the Senate was finally formed in 1991 and only slightly amended in 2001. Asingle-mandate constituency in the elections to the upper chamber of the parliament was only introduced by Electoral Law in 2011.

This article contains an overview of how the study of human rights issues has developed into a separate multidisciplinary field of academic study & education in Sweden. Its relationship to the different fields of political science is outlined, as well as general problems of a multidisciplinary subject. Three contributions to an edited volume containing Swedish & foreign scholarship on human rights issues drawn from the Swedish Forum for Human Rights, a biannual gathering of practitioners & scholars, are discussed. Those contributions deal with the tensions between universalist & relativist approaches to the character of human rights, the tensions between the development of international law & power relations in international politics, & tensions between group rights & individual rights. 25 References. Adapted from the source document.