International audience ; Many Asian and African constitutional and statutory texts use the phrase personal laws in order to determine the rules applicable to family matters such a marriage, divorce, maintenance and in some countries inheritance. However, this term is extremely vague and often without a clear definition in the legal texts. This paper tries to show the high degree of un-determination of the statutory references to personal laws. This chaotic situation can be explained by historical and political factors. Nevertheless, the paper proposes to stipulate a conventional definition of personal laws in order to facilitate the comparison between the Asian and African countries with a plurality of personal laws. Based on common features of these legal systems knowing a plurality of personal laws, such a definition can be useful for practical as well as for theoretical purposes.
International audience ; Many Asian and African constitutional and statutory texts use the phrase personal laws in order to determine the rules applicable to family matters such a marriage, divorce, maintenance and in some countries inheritance. However, this term is extremely vague and often without a clear definition in the legal texts. This paper tries to show the high degree of un-determination of the statutory references to personal laws. This chaotic situation can be explained by historical and political factors. Nevertheless, the paper proposes to stipulate a conventional definition of personal laws in order to facilitate the comparison between the Asian and African countries with a plurality of personal laws. Based on common features of these legal systems knowing a plurality of personal laws, such a definition can be useful for practical as well as for theoretical purposes.
International audience ; Many Asian and African constitutional and statutory texts use the phrase personal laws in order to determine the rules applicable to family matters such a marriage, divorce, maintenance and in some countries inheritance. However, this term is extremely vague and often without a clear definition in the legal texts. This paper tries to show the high degree of un-determination of the statutory references to personal laws. This chaotic situation can be explained by historical and political factors. Nevertheless, the paper proposes to stipulate a conventional definition of personal laws in order to facilitate the comparison between the Asian and African countries with a plurality of personal laws. Based on common features of these legal systems knowing a plurality of personal laws, such a definition can be useful for practical as well as for theoretical purposes.
Europe accounts for the largest number of assisted reproduction treatments (ARTs) in the world, with 56 percent of the global reproductive market quota, followed by Asia (23 percent) and North America (15 percent). However, Europe's legal landscape of reproductive bio-commodities is a patchwork of permissive and restrictive countries, one of the main reasons for the transnational movement to access ARTs. Spain is the main destination for European middle- and upper-class couples seeking egg donation. The use of legislation has been a significant feature in making Spain a leading country in the global reproscape. This paper aims to understand the specific role of several undetermined legal concepts used by the Spanish regulation, such as "compensation" or "best interest of the child" in making global reproductive bio-commodities.
2 HISTORICAL BACKGROUND3 THE MAIN SOURCES OF EU LAW; 3.1 Primary sources of law: the treaties; 3.2 Secondary sources: secondary legislation; 3.2.1 Regulations; 3.2.2 Directives; 3.2.3 Decisions; 3.2.4 Non-binding measures; 3.3 General principles of EU law; 3.3.1 Proportionality; 3.3.2 Legal certainty; 3.3.3 Procedural rights; 3.3.4 Principle of equality; 3.3.5 Protection of human rights; 3.4 Decisions of the Court of Justice; 4 THE RELATIONSHIP BETWEEN EU LAW AND NATIONAL LAW; 4.1 Principle of supremacy and the principle of conferral.
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In random digit dial (RDD) telephone surveys, some telephone numbers cannot be definitively determined to be residential or nonresidential even after many call attempts. Estimating residency rates for these undetermined telephone numbers is important because the residency rate is needed to compute the response rate accurately. This article reviews methods used previously to estimate the residency rate for undetermined telephone numbers & discusses some of the problems with these methods. A new approach using survival analysis methods is introduced that uses data on the number of call attempts to the telephone numbers. The approach is extended to include other auxiliary data known about the sampled telephone numbers, such as whether they are listed. The survival function method is then applied to two large RDD surveys & the estimates are compared to estimates using other methods. Limitations & precautions for the survival function method are discussed. 3 Tables, 2 Figures, 11 References. Adapted from the source document.
The actual article aims to analyze the validity of judicial activism within the scope of the Democratic State of Law under the bias of the Systems Theory. For that purpose, the following aspects will be investigated: the distinction between society, system, communication, programming and coding; the luhmannian theory and its systems; the evolution of systems and the and the communicative forms of propagation; the time according to Luhmann, the conception of a systemic unity and the existence of autonomous branches of the law, and the distinction between judicial activism, motivated free conviction of the judge and judicial pro-activity and the risk to the Democratic State of Law in the face of an eventual dictatorship of the judiciary. In order to obtain the results intended by this research, the method of approach to be followed will be the empirico-dialectic, making use of a bibliographic and legislative research, having as a background a reference system based on the linguistic turnaround, represented by the Logical Semantic Constructivism taken from Paulo de Barros Carvalho. In conclusion, it is demonstrated that judicial activism does not have validity within the Democratic State of Law, if it is based on the theoretical framework adopted here. ; O presente artigo visa a analisar a validade do ativismo judicial no âmbito do Estado Democrático de Direito diante da Teoria dos Sistemas. Com esse intuito, são investigadas a distinção entre Sociedade, sistema, comunicação, programação e codificação; a teoria luhmaniana e seus sistemas; a evolução do sistema e as formas de propagação comunicativas; o tempo segundo luhmann, a concepção de uma unidade sistêmica e a existência de ramos autônomos do direito, e a distinção entre ativismo judicial, livre convencimento motivado do juiz e pró-atividade judicial e o risco ao Estado Democrático de Direito diante de uma eventual ditadura do Poder Judiciário. Para a obtenção dos resultados almejados pela pesquisa, o método de abordagem a ser seguido será o empírico-dialético, utilizando-se de pesquisa bibliográfica e legislativa, tendo como pano de fundo um sistema de referência pautado no giro linguístico, representado por meio do Constructivismo Lógico-Semântico de Paulo de Barros Carvalho. Em conclusão, aponta-se que o ativismo judicial não tem validade no âmbito do Estado Democrático de Direito, tendo-se por base o referencial teórico adotado.