Thematische Bibliographien / De facto relationship law

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Auswahl der wissenschaftlichen Literatur zum Thema „De facto relationship law“

Autor: Grafiati

Veröffentlicht am 13. Dezember 2023

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Zeitschriftenartikel zum Thema "De facto relationship law"

Barzó, Tímea. „From Marital Property Law To Family Property Law : Theoretical and Practical Aspects of Property Law Regulations Protecting Families“. Law, Identity and Values 1, Nr. 1 (2021): 23–39. http://dx.doi.org/10.55073/2021.1.23-39.

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Although the legislator prefers the institution of marriage and accepts it as a form of family relationship, the system of family relationships has altered as a result of social changes, which can also be seen in the legal regulation. Therefore, the framework of previous thinking, which is almost exclusively based on matrimonial property rights, has been modified by the social and economic changes and the consequent constant change in regulation and attitudes. As a result, not only matrimonial property regimes but also the legal relationship between persons living in a registered partnership or de facto partnership, and their relationship with third parties are covered by matrimonial property law as well. Consequently, it is necessary to apply a new comprehensive terminology to these property relations, which is family property law. However, it can also be stated that during the development of the family property regulation, the legislator sought to incorporate guarantees into the system during the analysis of the diversity of family relationships, which prevented the endangerment of family existence, the vulnerability of the weaker partner or the rights of minors belonging to the family. However, most of the protecting provisions in the family property law apply to persons living in a marriage (registered partnership), the property relations of de facto partners are less regulated, and they contain only partially, or under certain circumstances family protection standards, legal consequences, and safeguards. The reason of this is that the legislature protects and favours marriage in principle over the other two legally regulated forms of partnership, by which it encourages young people and couples to marriage which requires mutual responsibility, solidarity, and commitment.

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Kucherenko, O. „OWNERSHIP PROPERTY ACQUIRED IN ACTUAL MARRIAGE RELATIONS: WORLD EXPERIENCE AND UKRAINIAN PRACTICE“. Scientific Notes Series Law 1, Nr. 12 (Oktober 2022): 29–34. http://dx.doi.org/10.36550/2522-9230-2022-12-29-34.

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The article is devoted to the study of the topical issue of establishing the right of ownership of property acquired in a de facto marital relationship. The preconditions for the recognition of de facto marital relations as a separate institution of family and civil law are outlined. The main approaches to understanding the status of partners in actual marital relationships are studied. Gaps in national legislation and imperfections in certain legal norms have been identified, which determine the relevance of scientific research to solve this problem. The peculiarities of the norms of the Ukrainian civil legislation concerning the settlement of the researched problems are established. It is emphasized that the right of joint ownership of property acquired in a de facto marital relationship does not arise automatically, like the right of joint ownership of a legal spouse, on the basis of the fact of marriage registration, but is established on the grounds of civil law. The peculiarities of recognizing the right of ownership of property acquired by partners who are in a de facto marital relationship under US law have been studied. It is emphasized that American case law is based on the fact that adult citizens who voluntarily live together and are in a marital relationship, as competent as others, to enter into contracts that ensure respect for their earnings and property rights.

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Parkinson, Patrick. „Constitutional Law and the Limits of Discretion in Family Property Law“. Federal Law Review 44, Nr. 1 (März 2016): 49–75. http://dx.doi.org/10.1177/0067205x1604400103.

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The argument of this Article is that the width of discretion that trial judges have to alter property rights under the Family Law Act 1975 (Cth) (‘the Act’) has been overstated. The property aspects of the Act can only be valid to the extent to which the law is an appropriate application of the marriage and divorce powers in the Constitution or is within the boundaries of the States’ reference of powers about de facto relationships. These constitutional provisions place significant constraints upon judicial discretion. In relation to marriages, the need to adjust property rights must result from the circumstances of the marital relationship or be justified as a consequence of the financial impact upon a party of its breakdown. The authority of Parliament to make laws concerning the alteration of the property rights of de facto partners is limited to cases of relationship breakdown. Furthermore, the Family Court of Australia and the Federal Circuit Court of Australia are both Chapter III courts. That has implications for the kind of discretion that Parliament can lawfully confer upon the trial judge, and the limits of that discretion. Some recent dicta and decisions of the Full Court of the Court suggest a view of judicial discretion which, it is argued, is inconsistent with the nature of judicial power in a Chapter III court. The discretion of trial judges is fettered by three duties: The duty to follow the interpretation of the Act as established authoritatively by appellate decisions, taking account of guidelines in appellate judgments; the duty to give reasons that explain the outcome of the case, and in particular, to justify the alteration of legal and equitable interests in specific items of property; and the duty to avoid arbitrary and capricious decision-making. The current jurisprudence on family property law is not necessarily consistent with these constitutional limitations.

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Badran, Ahmed. „Revisiting regulatory independence: The relationship between the formal and de-facto independence of the Egyptian telecoms regulator“. Public Policy and Administration 32, Nr. 1 (01.08.2016): 66–84. http://dx.doi.org/10.1177/0952076716643381.

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Regulatory governance scholars tend to focus on either the formal or de-facto independence of regulatory agencies. Very little attention has been given to linking these two sides together and even less has been said about the relationship between these two aspects. In this paper, the relationship between the formal and de-facto independence of the Egyptian telecoms regulator will be investigated. The aim is to contrast these two aspects of regulatory independence. In addition, the way in which the formal independence is translated by the sector regulator into practice. The paper argues that the formal independence of the Egyptian telecoms regulatory agency is an important but not a sufficient factor to guarantee the de-facto independence of the agency. Empirical data collected from 44 interviews with different stakeholders in the Egyptian telecommunications market is analyzed. Documentary analysis of the telecoms Law and other official policy documents and reports is also considered. The initial findings of the paper show that the telecoms law grants the regulator the ability to act independently from the Ministry and the regulated industry. Nonetheless, this strong legal mandate has not been fully translated into independent practices on the ground in regards to the way the regulatory agency connects with the Ministry of Telecoms and the previous sector incumbent. The paper suggests that the relationship between formal and de-facto independence of telecoms regulators should be carefully considered.

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Pavlović, Mina. „Istopolne zajednice života u svetlu primene Haškog protokola o merodavnom pravu za obaveze izdržavanja iz 2007. godine“. Anali Pravnog fakulteta u Beogradu 70, Nr. 3 (28.09.2022): 819–47. http://dx.doi.org/10.51204/anali_pfbu_22306a.

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Same-sex marriages, registered partnerships and de facto unions are considered same-sex relationships in comparative law. In the Hague Protocol, an important source of the Serbian conflict of law system, nothing is indicated about its application to these relationships, nor is the notion of „family relationship“ defined in sense of Article 1. This paper examines the scope of interpretation of this notion and whether it includes same-sex relationships. The main dilemma is whether the application of the Protocol may arise from autonomous interpretation of notion „family relationship“ or from the decision of each contracting state. Taking a position regarding these issues, the author examines the possibility of application of the Protocol to determine applicable law in disputes regarding maintenance of same-sex relationships, concluded abroad, and processed before domestic authorities. Special attention is paid to the analysis of a hypothetical case and the extent of the public-policy clause from Article 13.

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Atkin, Bill. „The Legal World of Unmarried Couples: Reflections on "De Facto Relationships" in Recent New Zealand Legislation“. Victoria University of Wellington Law Review 39, Nr. 4 (01.12.2008): 793. http://dx.doi.org/10.26686/vuwlr.v39i4.5492.

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This article is a revised version of a paper presented at a conference in Vienna 16-20 September 2008, the 13th World Conference of the International Society of Family Law. The paper notes how the New Zealand legislation for most purposes equates the legal position of de facto, civil union and married couples. The main part of the paper focuses on the key definition of "de facto relationship" and draws attention in particular to the leading High Court decision of Scragg v Scott. While there will inevitably be borderline situations, most are likely to fall easily within or outside the definition.It is very fitting to have in this issue of the Law Review a piece by Professor Atkin on New Zealand's relationship property law: in the 1970s when the original matrimonial property statute was enacted, Professor Angelo and Professor Atkin together made submissions to Parliament and subsequently co-authored articles on the subject.

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Stakhyra, Hanna. „Applicability of Private Law of De-facto Regimes“. osteuropa recht 65, Nr. 2 (2019): 207–22. http://dx.doi.org/10.5771/0030-6444-2019-2-207.

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The applicability of private law of de-facto regimes poses particular conflict-of-law challenges for the state and its respective authorities involved, in particular courts. This article analyses these challenges in the light of the Luhansk and Donetsk National Republics in Ukraine, and further illustrates problems arising from the (non-)recognition of de facto regimes in the context of other territories such as Taiwan and Moldova, and Crimea, among others. The article concludes that recognized states cannot simply ignore the existence of a de facto regime territory. The political nonrecognition of such territories should not be an obstacle to the application of the law to protect the rights of individuals in private relationships.

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Wudarski, Arkadiusz. „The concept of de facto relationships in Poland“. Studia Universitatis Moldaviae. Seria Stiinte Sociale, Nr. 3 (Juni 2023): 70–75. http://dx.doi.org/10.59295/sum3(163)2023_08.

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This article is the first in a series of articles dedicated to de facto relationships, i.e. cohabitation, in Poland. Traditionally, cohabitation has been defined in Poland in opposition to marriage, and means a long-term relationship between a man and a woman who are living together outside a formal marriage. Cohabitation is widespread in Poland and is accepted by the great majority of citizens. At the same time, currently, there are no legislative proposals aimed at regulating in a comprehensive manner cohabitation, and it seems unlikely that this will change in the near future. Attempts to create a legal framework for cohabiting persons have, to a modest extent, and limited to selected aspects of civil law, been undertaken in the past. Looking to the future, then, we can expect to see a continuation of the past pattern of uncoordinated, scattered legislation. The concept of cohabitation will likely be introduced into various legal acts, and thus, indirectly, cohabitations will be partially integrated into the Polish legal system.

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Kamiński, Konrad. „Małżeństwa de facto w Japonii wobec wyzwań COVID-19“. Gdańskie Studia Azji Wschodniej, Nr. 23 (31.08.2023): 180–93. http://dx.doi.org/10.4467/23538724gs.23.011.18157.

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The purpose of this article is to identify the key issues arising in relation to the existence of de facto (common law, nai’en) marriages in Japan. This paper will first show the broader context of the impact of the pandemic on legal-family relations in Japan. The discussion will then focus on the issue of de facto marriages, i.e. the genesis and increasing role of de facto marriages in Japan will be presented. Indeed, there have been increasing symptoms of the inclusion of informal relationships close to the marriage relationship in a legal context. The examples presented in this article provide a starting point for an analysis of the demands that have emerged in Japanese public space in relation to the specific needs of the COVID-19 pandemic era, i.e. the change of the unified spousal name system, as well as the issue of access to the partner’s medical information, and legal regulation related to parental authority

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Jessep, Owen. „De Facto Relationships and the Law in Papua New Guinea“. International and Comparative Law Quarterly 41, Nr. 2 (April 1992): 460–72. http://dx.doi.org/10.1093/iclqaj/41.2.460.

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Dissertationen zum Thema "De facto relationship law"

Turnbull, Christopher J. „Family law property settlements: Principled law reform for separated families“. Thesis, Queensland University of Technology, 2017. https://eprints.qut.edu.au/113831/1/Christopher_Turnbull_Thesis.pdf.

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This thesis investigates the philosophical basis, values, and practical application of family law, specifically property settlements for separated spouses, where those spouses have children of their relationship. It is a step forward in understanding of how judges decide cases, as it reports on the results and process of decision-making using 200 decisions from family law courts. It develops criteria for defining justice in this context, including a clear purpose to the law, consistency of decision-making, non-discrimination between spouses, giving weight to financial disadvantage, and priority to the economic interests of children.

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Venkateswaran, Koduvayur Subramanian. „Formal and De Facto states of emergency : the Indian experience - 1947-1997“. Thesis, Queen's University Belfast, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.263573.

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Lundkvist, Julia. „Ipso facto-klausuler vid insolvensrättsligt förfaranden: EU:s rekonstruktionsdirektivs påverkan på ipso facto-klausulers rättsverkan vid ett insolvensrättsligt förfarande i Sverige“. Thesis, Umeå universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-180555.

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Carvalho, Luiz Gustavo Santana de. „Prescrição tributária: norma, fato e relação jurídica“. Universidade de São Paulo, 2013. http://www.teses.usp.br/teses/disponiveis/2/2133/tde-25112016-122459/.

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O presente trabalho consiste num estudo analítico sobre a prescrição tributária com a finalidade de, didaticamente, buscar identificar um subsistema jurídico próprio, dotado de normas e valores próprios, que permita o estudo destacado do tema dentro do sistema do direito positivo, a partir de uma análise lógico-sintática da expressão prescrição tal qual referido na alínea b do inciso III do art. 146 da Constituição Federal de 1988 (CF/88)2, que outorga competência ao legislador complementar para fixar normas gerais sobre a prescrição tributária, para construir uma significação possível para tal expressão, identificando sua acepção de base3, não se admitindo que se diga que o seu conteúdo seja vazio, a fim de que se possa identificar o regime jurídico aplicável à prescrição tributária, com a completa compreensão dos limites da competência do legislador complementar e ordinário nesse âmbito, de modo que se possa perceber a existência de uma tríplice4 perspectiva pragmática do uso dessa expressão no discurso do direito positivo, no qual por vezes é tomado como norma prescricional, ou como fato prescricional (hipotético), ou ainda como relação jurídica prescricional, o que já foi anteriormente investigado por outros autores, mas não sob o rótulo aqui sugerido, apesar de pouco explorada, daí porque merecendo melhor atenção, compreensão e aplicação na solução de casos da pragmática jurídica, para, ao final, identificar os eventuais acertos e/ou vacilos da jurisprudência do Superior Tribunal de Justiça (STJ) e do Supremo Tribunal Federal (STF) no julgamento dos casos e problemas aqui apresentados.
The present paper consists of an analytical study on tax statute of limitations with the aim of identifying, didactically, a special legal subsystem, endowed with its own normative values and rules, allowing the aforementioned study within the system of positive law, from a logical syntactic analysis of the phrase Statute of Limitations pursuant to as mentioned in Article 146, III, b, of the 1988 Brazilian Federal Constitution5, which grants to the supplementary law competence concerning establishing general rules with regard to the tax limitation, to constitute a possible meaning to such a phrase, identifying its basic acceptation6, not considering to say that its content is hollow, in order to identify the legal regime applicable to tax limitation, with the comprehensive understanding of the supplementary and ordinary laws competence limits herein, in order to realize the existence of a triple7 pragmatic perspective of using such phrase in the utterance of the positive law, in which is sometimes taken as statute of limitations, or statute of limitations fact (hypothetical), or even as Legal Relationship of Limitations, which has previously been investigated by other authors, but not under the approach suggested hereto, though little investigated, hence why deserves better attention, understanding and application in solving cases of Legal pragmatism, to, in the end, identify any adjustments and/or wanderings of the jurisprudence of the Superior Court of Justice (STJ) and the Federal Supreme Court (STF) in judging cases and claims presented herein.

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Ndlovu, Sibonelo. „Critical Analysis of Ex Post Facto Environmental Impact Assessment Authorisations in South African Law“. Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4488.

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In this dissertation I consider the issue of ex post facto EIA authorisations from the inception of the EIA regime in South African law to present. At the heart of the analysis is the question of whether, at different stages of the evolvement of the EIA regime, such authorisations are provided for in South African law, adequately or at all.

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Akcan, Victoria. „Skyddar aktiekapitalet borgenärerna? : Eller utgör aktiekapitalet de facto ett legalt hinder för entreprenörerna?“ Thesis, Jönköping University, JIBS, Commercial Law, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-12282.

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The purpose with this essay is to investigate whether the legal capital can be justified as creditor protection and whether the legal capital prevent entrepreneurship.

Historically the legal capital has been justified by means of creditor protection. Nowdays the development within EU rather reduces or abolish the legal capital. Sweden has recently, 1 of April 2010, reduced the legal capital from 100 000 Swedish crowns to 50 000 Swedish crowns. In the preparatory work it has been admitted that the legal capital does not in reality offer creditors much protection. Although the lawmaker decides to retain the legal capital and justifies the legal capitals existence with the argument that involuntary creditors has the need of the legal capital. It is also argued in the preparatory work that a reduction of the legal capital does not necessarily mean that new business creation will increase. Rather, the private limited liability company will instead be more available.

I will present different authors views on the legal capital doctrine. The views that are presented are critical to the legal capital doctrine. I will also present different statistics that compares countries legal environment and how it effects entrepreneurship

My conclusions are that legal capital can be questioned, especially on efficiency grounds. I also argue that legal capital in fact hinders entrepreneurship and I base my premise on the different statistics that has been presented.

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Harrela, Maija. „Twin and epidemiological studies on insulin-like growth factor binding protein-1 : relationships to insulin sensitivity and cardiovascular risk“. Helsinki : University of Helsinki, 2002. http://ethesis.helsinki.fi/julkaisut/laa/kliin/vk/harrela/.

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Malcomson, Maurice Joseph. „A critical analysis of the 'de jure, de facto' position of school governors in Northern Ireland : a preparation for governorship“. Thesis, University of Ulster, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369983.

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Parmenion, Espeche Sebastián. „The Financial and Tax Law and its Relationship with Private Law“. Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/118962.

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The purpose of this paper is to glimpse as the Tax Law is inserted in the unit of general law, being important for understanding the knowledge of public and private law in general.In the second part of the paper, the author analyzes how private law applies to the financial subsidiary way through forwarding making the tax law itself or by express provision of the civil. He emphasizes in this introduction as dogmatic construction of the tax liability, originated and rationale in civil liability.Finally the author explains how general principles of law necessarily apply to financial law. Thus, the principles of good faith, breach of law, and the doctrine of estoppel, are universal principles applicable to every right and inexcusably financial and tax law.
El presente artículo busca vislumbrar cómo el Derecho Financiero y Tributario está inserto en la unidad del Derecho en general, resultando importante para su comprensión el conocimiento del Derecho Público y Privado. Por ello, el autor analiza cómo se aplica en forma subsidiaria el Derecho Privado al Derecho Financiero a través del reenvío que realiza la propia legislación fiscal o por disposición expresa de la civil. Destacamos en esta introducción cómo la construcción dogmática de la obligación tributaria tuvo su origen y razón de ser en la de la obligación civil.Finalmente el autor explica cómo los Principios Generales del Derecho necesariamente se aplican al Derecho Financiero. Así, los principios de buena fe, abuso del derecho, y la doctrina de los actos propios, son principios universales aplicables a todo el Derecho e inexcusablemente al Derecho Financiero y Tributario.

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Farmer, James A. „An ex post facto research study of the relationship between juvenile exploitation and work-related stress experienced by staff members“. The Ohio State University, 1986. http://rave.ohiolink.edu/etdc/view?acc_num=osu1250095356.

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Bücher zum Thema "De facto relationship law"

Willmott, Lindy. De facto relationships law. North Ryde, N.S.W: LBC Information Services, 1996.

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Commission, Queensland Law Reform. De facto relationships. North Quay, Qld: The Commission, 1992.

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Commission, Queensland Law Reform. De facto relationships. [North Quay, Qld.]: The Commission, 1993.

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Parliament, New Zealand. De facto relationships (property) bill. Wellington, N.Z: New Zealand Govt., 1998.

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Foreman, Carol. Guide to the De Facto Relationships Act in New South Wales. Sydney: Butterworths, 1985.

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Australia. Parliament. Joint Standing Committee on Migration Regulations., Hrsg. Change of status on grounds of spouse/de facto relationships: Second report. Canberra: Australian Govt. Pub. Service, 1991.

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Commission, Queensland Law Reform. De facto relationships: Claims by surviving de facto partners under the Common Law Practice Act 1867 for damages for wrongful death. [North Quay, Qld.]: The Commission, 1994.

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Champlain, Andre F. De. An overview of nonlinear factor analysis and its relationship to item response theory / Andre ́F. De Champlain. Newtown, PA: Law School Admission Council, 1999.

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Zhaskaĭrat, Mira. De jure, de facto: Nauchnye ocherki. Karaganda: Karagandinskiĭ gosudarstvennyĭ universitet im. akademika E.A. Buketova, 2013.

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Hugo A. Quirós E. de A. Caducidad ipso facto y caducidad ipso jure. [Bolivia]: [s.n.], 1990.

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Buchteile zum Thema "De facto relationship law"

Kratochvíl, Vladimír. „Pár amatérských úvah o (na veřejném právu) nezávislém uplatňování soukromého práva a subsidiaritě trestního práva (trestní represe)“. In Pocta prof. Josefu Bejčkovi k 70. narozeninám, 659–71. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0094-2022-30.

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Using Civil Law and Criminal Law as examples, this article deals with the relationship of private law and public law from the application perspective of such laws. In this respect, civil law relies on the applicative independence of the private law on the public law; criminal law relies on the principle of subsidiarity of criminal law (or criminal repression). The aforesaid civil law rule, as well as the above-mentioned criminal law principle determine the relatively concrete “perimeters” of the operation of each branch of such laws. Such fact is not understood only as a relatively precise suppression of application of a law by another law. Such consequences, however, cannot be ruled out. In case such consequences arrive, it is essential to see them primarily as the above-mentioned relatively precise suppression of the determined “perimeters”. Consequently, on the contrary it represents a certain level of consolidation of one or the other law within the process of application.

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Pihera, Vlastimil. „Soukromý úřad. Skica“. In Pocta prof. Josefu Bejčkovi k 70. narozeninám, 695–706. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0094-2022-32.

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The paper deals with the unusual notion of “private office”, i.e. the institution of office in private law, primarily taking into account its concept in German private law, as elaborated mainly in Florian Jakoby’s habilitation thesis Das private Amt published in 2007. It deals with its definition as a specific organisational entity to which rights and obligations can be assigned even in private law, despite the fact that it has no legal personality. Particular attention is paid to the relationship between private office and separate patrimony and its role in corporate law. The author concludes that, particularly in these areas, the concept of private office can help to better structure our thinking about the function and nature of legal relationships.

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Neil, Andrews. „Part IV Vitiation, 14 Undue Influence“. In Contract Law in Practice. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780192897947.003.0014.

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The equitable doctrine of undue influence operates to protect weaker parties from the abuse of their relationships by stronger parties. The five main topics within this chapter are: (i) undue influence can be (a) proved, and is then called ‘actual undue influence’, or (b) it can be inferred to have arisen, and it is then called ‘presumed undue influence’; (ii) for the purpose of presumed undue influence, the law recognizes certain standard relationships of trust and confidence (solicitor and client, guardian and ward, etc); non-standard relationships might be shown, on the facts of the case, to involve such a relationship; for example, this is necessary with respect to marital relationships and relations between banker and customer; (iii) the presumption that there has in fact been an abuse of a relationship is activated within the presumed category if the relevant transaction or gift ‘calls for explanation’; (iv) if actual undue influence, or the presumed form, is shown, it is incumbent on the stronger party to satisfy the court that, nevertheless, the weaker party entered the transaction, or made the gift, with free and informed consent; (v) one important context is the giving of guarantees by spouses or partners to support the receipt by the other spouse of partner of a business loan.

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Rickford, Jonathan. „Do Good Governance Recommendations Change the Rules for the Board of Directors?“ In Capital Markets and Company Law, 461–92. Oxford University PressOxford, 2003. http://dx.doi.org/10.1093/oso/9780199255580.003.0020.

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Abstract This chapter examines questions surrounding the relationship between “good governance recommendations”, or “codes on corporate governance” and the law, addressing: the extent to which such recommendations have become formal or de facto rules; whether the results are beneficial; the extent to which such recommendations depend on other rules for their effectiveness; and the extent to which the phenomenon belongs to company or capital market regulation.

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Krasas, Jackie. „Still in an Abusive Relationship“. In Still a Mother, 140–71. Cornell University Press, 2021. http://dx.doi.org/10.7591/cornell/9781501754296.003.0007.

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This chapter looks at the annual conference called the Battered Mothers Custody Conference, which aims to inform, support, and advocate for survivors of domestic violence. It explains that the annual event, which started in 2006, allows survivors to network with each other and with the professionals and advocates who come to present at the conference. It also mentions the publication A Judge's Guide: Making Child-Centered Decisions in Custody Cases, which urges judges to count domestic violence as a serious factor in the determination of child custody, arguing that an abuser acts de facto against the best interests of the child by virtue of their abuse. The chapter mentions recommendations in the guide for training all parties engaged in custody disputes in a domestic violence context. It points out American states that have some consideration of domestic violence built into its state custody laws.

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Roehling, Mark V. „Legal Theory: Contemporary Contract Law Perspectives and Insights for Employment Relationship Theory“. In The Employment Relationship, 65–93. Oxford University PressOxford, 2004. http://dx.doi.org/10.1093/oso/9780199269136.003.0004.

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Abstract Across disciplines, researchers have found it useful to view the employment relationship through a contract lens (e.g. implicit contracts, Williamson 1993; psychological con tracts, Rousseau 1989). Despite the fact that all uses of the contract perspective to study the employment relationship can be traced to the field of law and the legal conceptualization of contracts, the richness of legal theories of contract is not adequately reflected in the employment relationship literature.

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Hernández, Gleider. „4. International law and municipal law“. In International Law, 78–102. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198748830.003.0004.

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This chapter assesses the relationship between international law and municipal law. Though international law deals primarily with inter-State relations, and municipal law addresses relationships between individuals or between individuals and the State, there are many overlapping issues on which both international and national regulation are necessary, such as the environment, trade, and human rights. Though the international legal order asserts its primacy over municipal legislation, it leaves to domestic constitutions the question of how international legal rules should be applied or enforced in municipal orders. Two conflicting doctrines define the relationship between international and municipal legal orders: dualism and monism. Dualism is usually understood as emphasizing the autonomy and distinct nature of municipal legal orders, in which the State is sovereign and supreme. Meanwhile, theories of monism conceive the relationship between international and municipal legal orders as more coherent and in fact unified, their validity deriving from one common source.

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Hernández, Gleider. „4. International law and municipal law“. In International Law, 86–112. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192848260.003.0004.

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Baskind, Eric, Greg Osborne und Lee Roach. „4. The creation of the agency relationship“. In Commercial Law, 60–84. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198825975.003.0004.

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This chapter considers the various methods by which a relationship of agency can be created, namely, by agreement, by ratification, by operation of law (including agency by necessity), and arising due to estoppel. It should be noted that an agency relationship might be held to exist, even though the parties or one of the parties do not wish for it to exist, or have expressly declared that such a relationship does not exist. Equally, the fact that the parties describe themselves as ‘principal’ and ‘agent’ will not conclusively establish that a relationship of agency exists, and the courts will disregard such labels if the realities of the relationship indicate that it is not one of agency. An agency relationship can therefore be created consensually or non-consensually. The chapter also discusses preliminary issues such as the capacity of agent and principal, and the formalities needed to create a relationship of agency.

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Baskind, Eric, Greg Osborne und Lee Roach. „4. The creation of the agency relationship“. In Commercial Law, 63–86. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192895653.003.0004.

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This chapter considers the various methods by which a relationship of agency can be created, namely by agreement, by ratification, by operation of law (including agency by necessity), and agency arising due to estoppel. It should be noted that an agency relationship might be held to exist, even though the parties or one of the parties do not wish for it to exist, or have expressly declared that such a relationship does not exist. Equally, the fact that the parties describe themselves as ‘principal’ and ‘agent’ will not conclusively establish that a relationship of agency exists, and the courts will disregard such labels if the realities of the relationship indicate that it is not one of agency. An agency relationship can therefore be created consensually or non-consensually. The chapter also discusses preliminary issues such as the capacity of agent and principal, and the formalities needed to create a relationship of agency.

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Konferenzberichte zum Thema "De facto relationship law"

Hall, David C., Ron Kohl und Roger Graves. „Development of an Ideal Project Law“. In ASME 2003 International Mechanical Engineering Congress and Exposition. ASMEDC, 2003. http://dx.doi.org/10.1115/imece2003-41674.

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Our research collaboration has begun a project to develop an Ideal Project Law (IPL). What we are trying to accomplish is the development of some equation with a mathematical underpinning that can usefully relate Functionality, Cost, Schedule and Risk which can then be graphed, and this graph then becomes a decision making and communications aid. For some of us, the current contention is that a possible IPL is analogous to the Ideal Gas Law (IGL), which relates Pressure (P), Volume (V) and Temperature (T) for reasonably well-behaved gases. (P*V)/T = Constant (where the constant has very much to do with the nature of the gas under discussion). This is due to our belief that the IPL will represent some form of a relationship (inverse or direct) between Cost (C), Schedule (S), Functionality (F) and Risk (R) much like the IGL represents relationships between P, V and T for a given gas. We also expect that at least some of the factors will change based on the type of project, so we might have to develop a range of factors and constants. The Ideal Gas Law informs us, for example, that if you keep V fixed and increase P, then you can expect T to also increase. So “keep this one factor fixed, and change that other factor and then watch the third factor move one way or the other” relationships can be described via the Ideal Gas Law. We believe that this “push on one factor and see what happens to the other factors” feature of the Ideal Gas Law seems to be very analogous to project and operation Cost, Schedule, Functionality and Risk relationships. This law, or some such function, is absolutely essential. Having such a Law that is proven valid will introduce (or rather tactfully enforce) some systematic thinking in the project and operational management set-up. Otherwise, no matter how elaborate a case is made for project or operational risks, the risk decisions will be left to the whims, fancies and moods of the key decision-making person(s) in the organization or project — we are working towards reducing this subjectivity in decision-making. We may determine that it is impossible to have a 100% scientific outlook on project or operational factors simply because human beings are involved, but if that is the case, we may be able to be at least 80% scientific about it.

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Plotnic, Olesea. „INTERACTION BETWEEN CONSUMER LAW AND COMPETITION LAW IN PANDEMIC TIMES“. In International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times): Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18835.

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If in the case of consumer law, as protected persons are the consumers, then in the case of competition law, the protected entities are the competitors. A combination of actions in competition law presupposes that the same commercial offer satisfies several individual interests of consumers. In the strictest sense, such a combination implies the same legal fact, simultaneously opening up more possibilities for the consumer to choose due to loyal offers from a professional, if he is monopolistic or dominant in the market. More broadly, it can also be accepted that offers can be combined from several competing professionals relating to the same product or service and concerning the same individual interest of a consumer. The possible complementary effects of common law, which would justify the non-limitation of a specific piece of legislation, can never lead to a new monopoly. In some cases this will make competition law more effective and, in other cases, provide marginal and non-exclusive protection to consumers who do not have a direct right guaranteed by competition law. The purpose of this article is to demonstrate the interdependent relationship between competition law and consumer law, from the perspective that both have the same common goal, namely to limit abuses by professionals in their economic activity, especially during pandemic times.

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Tavits, Gaabriel. „Protection of the Weaker Party – to Whom is Labour Law Still Applicable?“ In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.33.

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National law is affected by a number of different international regulations and agreements. International agreements provide for rules aimed at harmonizing certain requirements and understandings that different countries should follow. In labour relations, international standards are set at two different levels – on the one hand, by the International Labour Organization (ILO), and on the other by regional standards – by the Council of Europe and the directives and regulations adopted by the European Union. All these international rules have important implications for national labour law. However, such international norms do not provide a clear personal scope – that is, it is not clearly defined to whom such international norms apply. Although the various international rules do not directly define the persons to whom those norms apply, – the implementation of international rules remains a matter for national law. Thus, the concept of both employee and employment relationship is shaped by national law. The exception here is the European Union, where the European Court of Justice has given an autonomous meaning to the concept of worker (particularly in the context of freedom of movement for workers). Although the concept of a worker and of an employment relationship has been developed by the Court of Justice of the European Union, Member States retain the right to define the employment relationship in accordance with the law in force in the respective Member State. The main factor in shaping employment relationships is the employee's dependence on the person providing the work, and the person providing the work also has an obligation to pay remuneration for the work performed. Although the scope of those rules is defined differently by different international rules, the characteristics generally applicable to the definition of an employee and the employment relationship are similar to those used in national law.

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Magno de Abreu Neiva, Carlos. „Analogical reasoning, deductive reasoning and their relationship with the enquiry of the facts of the case“. In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws103_02.

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Lolong, Wenly RJ. „The Dimension of Law as a Social Fact in Relationship with Counter-Terrorism Crimes in Indonesia“. In Proceedings of the International Conference on Research and Academic Community Services (ICRACOS 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/icracos-19.2020.39.

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YU, YUN-LING. „THE INFLUENCE OF CIVIL CODE ON ECONOMIC LAW“. In 2021 International Conference on Management, Economics, Business and Information Technology. Destech Publications, Inc., 2021. http://dx.doi.org/10.12783/dtem/mebit2021/35619.

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The promulgation of the "Civil Code" provides a path for the codification of other important legal departments closely related to the socialist market economy and the improvement of the socialist legal system with Chinese characteristics. However, due to the fact that the development of economic law in our country is relatively short and the economic development is changing rapidly, the current economic code is facing numerous obstacles. This article analyzes the relationship between civil law and economic law, drawing on the innovation of the content of the Civil Code, and puts forward new requirements for the development of the content, concept and system of economic law, and promotes the development of economic law.

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Inaba, Takashi, Kazuhiko Yamazaki und Shota Hiratsuka. „Visioning design for making the law familiar - Four utilization models of the law“. In 14th International Conference on Applied Human Factors and Ergonomics (AHFE 2023). AHFE International, 2023. http://dx.doi.org/10.54941/ahfe1003345.

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The Japanese government has proposed Society 5.0, which is now known as the 4th Industrial Revolution, and the use of open data is attracting more and more attention and rapidly changing society and industrial structure. In line with these changes, the existence of law is also being called upon to change. However, while it is "extremely important to make the judiciary more familiar and accessible to the public," [Note 1] this has yet to be achieved. Rapid innovation has led to the creation and expansion of markets that have no legal system in place, and the law is still left to only a few experts.This study aims to create new social value by exploring the ideal form of law suited to the current social situation. We will also utilize design as a means to achieve this goal, and summarize the results as a case study of initiatives in the fields of law and design.3. This study contentBased on the aforementioned background, we surveyed domestic and foreign cases of advanced efforts regarding the Japanese people's awareness of and relationship with laws, and presented the characteristics of these cases. Based on these characteristics, we proposed a vision of "Law and Design for All. Finally, we will discuss and summarize the process that led to the vision proposal and discuss what is needed for collaboration in the fields of law and design in Japan.In this paper, we show what a "vision utilizing law and design" looks like, based on the current research we have conducted. In addition, the definition of vision in this study is "a desired vision of the future based on an individual's intrinsic motivation.4. research resultsA literature review was conducted to examine the Japanese people's awareness of the law. The survey revealed that they perceive that current laws are made by lawmakers whom they trust but do not trust, and that they are not involved in the process. In addition, they are not aware that they are making the laws, and are only required to decide and abide by them without knowing it. As a result, we believe that the problems are that they do not know that the law exists, they do not know how to use it because they do not know it, and the law is not up to date.We surveyed examples of activities, technologies, and services to solve these problems, and categorized them according to the target areas. As a result, we were able to classify them into LegalTech, OpenGovernment, GovTech, CivicTech, and Others (cases of utilization other than technology). It was found that there is a major trend toward the use of open data and citizen participation.In addition, a workshop was held to survey individuals' awareness of legal issues and use it as a reference for creating a vision. The theme was "issues and desires that you feel in your daily life that you think are related to the law. The participants were asked to write their awareness of legal issues on post-it notes and paste them on imitation papers. The reason for the ambiguity of "I think it is related to the law" was not the fact that the law is actually related to the issue, but rather to find out "what the person who wrote the post-it thinks is related to the law.As a result of the workshop, it can be said that the state that "Law and Design for All" aims for is a state where "people's awareness of the law is changing," "people are becoming more familiar with the law," "people are thinking about creating a better society," and "people feel their personal opinions are reflected in policy and law. It can be said that "people's awareness of the law is changing. We believe that law is subject to change, and that it is necessary to move from passive involvement to active involvement. Based on the above given conditions, we proposed a model in which law is viewed from the perspective of four relationships: "utilize," "protect," "improve," and “create.5. ConclusionBased on a survey of Japanese people's awareness of the law, case studies, and workshops, we have proposed a model that views the law from four perspectives. In the future, we plan to increase the number of cases in which this model is used and elaborate on it.The proposed model will enable us to understand the stages of legal utilization, and to realize the state that "Law and Design for All" aims to achieve through the cycle of the four stages. In other words, the "vision of utilizing law and design" can be described as the creation of a story that utilizes the proposed model.

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Wang, Peng. „Did the Preliminary Objections Judgment Resolve the Chagos Archipelago Sovereignty Dispute?“ In COFOLA International 2022. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0231-2022-5.

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Noticing the conclusion of the Preliminary Objections Judgment in the case of Mauritius vs. Maldives Maritime Delimitation, this paper asks whether the Special Chamber’s decision has resolved the sovereignty dispute over the Chagos Archipelago. It re-examines the conclusion that the continued claim of the United Kingdom to sovereignty over the Chagos Archipelago is a mere assertion and the UK has no legal interest in it. This paper argues that the legal system has a self-reproducing nature by which the Special Chamber regenerates decisions already established in the legal system as the distinction between lawful and unlawful is the most fundamental determination of this system. In this sense, the confirmation of the Advisory Opinion of the International Court of Justice by the Special Chamber should be regarded as a consequence of its subjectivity and the fact that it almost distinguishes the legal system from other systems outside the law. From a perspective outside the legal system, the claim of courts that its role of “dispute settlement” is more like “case settlement”, since courts are resolving disputes after legalization, not the disputes themselves. The de facto settlement of disputes should be based on the elimination of the interests or claims of the disputing parties. In this sense, dispute settlement depends on how the legal and political systems work together in a coupling relationship.

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Akhmadi, Akhmadi, Liah Culiah und Helmi Yazid. „Profitability as a Mediation Factor: A Test of The Relationship of Capital Structure to Company Value“. In Proceedings of the International Conference on Sustainability in Technological, Environmental, Law, Management, Social and Economic Matters, ICOSTELM 2022, 4-5 November 2022, Bandar Lampung, Indonesia. EAI, 2023. http://dx.doi.org/10.4108/eai.4-11-2022.2327869.

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Zatloukalová, Lucie. „Principles of European Family Law as an Inspiration for Law Makers in Europe“. In COFOLA 2021. Brno: Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-9981-2021-5.

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The Commission on European Family Law is an international group of academic experts on family law. The principles aim is to help harmonize European law and to inspire national legislators to modernize their legislation. The principles try to capture the common core of individual national legislations. If some substantial question has no common core, the Commission creates a new rule, so-called “better law”. The Principles relating to couples in de facto unions deals mainly with the definition and application framework, general rights and obligations, agreements, property and debts, termination of cohabitation, death and mutual disputes. The Principles are of a recommendatory nature only. In Czech Republic the conservative approach prevailed, and de facto unions have no specific legal regulation. In the future, there can be some interesting legal constructions of rights and duties of couple in de facto union that could be an inspiration for Czech legislator. In this contribution I will choose such rights and duties according to the Principles.

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Berichte der Organisationen zum Thema "De facto relationship law"

Pavlyuk, Ihor. MEDIACULTURE AS A NECESSARY FACTOR OF THE CONSERVATION, DEVELOPMENT AND TRANSFORMATION OF ETHNIC AND NATIONAL IDENTITY. Ivan Franko National University of Lviv, Februar 2021. http://dx.doi.org/10.30970/vjo.2021.49.11071.

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The article deals with the mental-existential relationship between ethnoculture, national identity and media culture as a necessary factor for their preservation, transformation, on the example of national original algorithms, matrix models, taking into account global tendencies and Ukrainian archetypal-specific features in Ukraine. the media actively serve the domestic oligarchs in their information-virtual and real wars among themselves and the same expansive alien humanitarian acts by curtailing ethno-cultural programs-projects on national radio, on television, in the press, or offering the recipient instead of a pop pointer, without even communicating to the audience the information stipulated in the media laws − information support-protection-development of ethno-culture national product in the domestic and foreign/diaspora mass media, the support of ethnoculture by NGOs and the state institutions themselves. In the context of the study of the cultural national socio-humanitarian space, the article diagnoses and predicts the model of creating and preserving in it the dynamic equilibrium of the ethno-cultural space, in which the nation must remember the struggle for access to information and its primary sources both as an individual and the state as a whole, culture the transfer of information, which in the process of globalization is becoming a paramount commodity, an egregore, and in the post-traumatic, interrupted-compensatory cultural-information space close rehabilitation mechanisms for national identity to become a real factor in strengthening the state − and vice versa in the context of adequate laws («Law about press and other mass media», Law «About printed media (press) in Ukraine», Law «About Information», «Law about Languages», etc.) and their actual effect in creating motivational mechanisms for preserving/protecting the Ukrainian language, as one of the main identifiers of national identity, information support for its expansion as labels cultural and geostrategic areas.

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Dzhangarov, A. I., und H. A. Akhmetova. TRENDS IN MODERN INTERNATIONAL RELATIONSHIP AND INTERNATIONAL LAW. Ljournal, 2019. http://dx.doi.org/10.18411/1414-2368-7894-78951.

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Ördögh, Tibor. Rule of Law in the Western Balkans. Külügyi és Külgazdasági Intézet, 2021. http://dx.doi.org/10.47683/kkielemzesek.ke-2021.67.

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Rule of law is a much-debated concept today, and it is one of the fundamental pillars of any democratic system. When it comes to the countries of the Western Balkans striving to become members of the European Union, it is important to look at the characteristics they have in this respect, and to what extent they meet the criteria for becoming a member state. Due to their particular way of development, there are different de facto political systems functioning within the region, which is an obstacle that also stands in the way of rule of law. This study presents those aspects of the rule of law that clearly demonstrate falling behind other political systems. An independent judiciary, civil liberties, media pluralism, and corruption are all factors that require reform in the examined countries. It may be wise to try and point out the shortcomings of the system along the lines of these aspects.

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Christenson, Timothy. Can't We All Just Get Along? Improving the Law Enforcement-Intelligence Community Relationship. Fort Belvoir, VA: Defense Technical Information Center, Juni 2007. http://dx.doi.org/10.21236/ada573203.

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Lakdawala, Leah K., Diana Martínez Heredia und Diego A. Vera-Cossio. The Impact of Expanding Worker Rights to Informal Workers Evidence from Child Labor Legislation. Inter-American Development Bank, Januar 2023. http://dx.doi.org/10.18235/0004689.

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We study the effects of a Bolivian law that introduced benefits and protections for child workers (who are overwhelmingly informal workers) and lowered the de facto legal working age from 14 to 10. We employ a difference-in-discontinuity approach that exploits the variation in the laws application to different age groups. Work decreased for children under 14, whose work was newly legalized and regulated under the law, particularly in areas with a higher threat of inspections. The effects appear to be driven by a reduction in the most visible forms of child work, suggesting that firms may have reduced employment of young children to minimize the risk of being inspected. In contrast, we nd that more formal channels of adjustments - such as increased costs of hiring due to the costs of complying with the new law - are unlikely to explain the overall decline in the work of young children.

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Stuedlein, Armin, Ali Dadashiserej und Amalesh Jana. Models for the Cyclic Resistance of Silts and Evaluation of Cyclic Failure during Subduction Zone Earthquakes. Pacific Earthquake Engineering Research Center, University of California, Berkeley, CA, April 2023. http://dx.doi.org/10.55461/zkvv5271.

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This report describes several advances in the cyclic failure assessment of silt soils with immediate and practical benefit to the geotechnical earthquake engineering profession. First, a database of cyclic loading test data is assembled, evaluated, and used to assess trends in the curvature of the CRR-N (cyclic resistance ratio - the number of equivalent cycles) relationship. This effort culminated in a plasticity index-dependent function which can be used to estimate the exponent b in the power law describing cyclic resistance, and may be used to estimate the cyclic resistance of silt soils as well as the number of equivalent loading cycles anticipated for subduction zone earthquakes. Statistical models for the cyclic resistance ratio and cyclic strength ratio are presented in this report. The SHANSEP (Stress History and Normalized Soil Engineering Properties)-inspired functional form of these models have been trained and tested against independent datasets and finalized using a combined dataset to provide reasonable estimates of resistance based on the available data. These models can be used to provide provisional estimates of the CRR-N and cyclic strength ratio power laws for cyclic shear strain failure criteria ranging from 1 to 10%, within certain stated limitations. The ground motion records within the NGA Subduction Project which have been released to the public to-date are implemented to examine the role of subduction zone earthquake characteristics on the number of equivalent loading cycles for a wide range of soils with exponents b ranging from 0.05 (moderate plasticity silt and clay) to 0.35 (dense sand). This analysis shows that the number of loading cycles for a given magnitude subduction zone earthquake is larger than those previously computed, whereas the corresponding magnitude scaling factors for use with the Simplified Method span a smaller range as a result of the ground motion characteristics. Owing to the large variability in the computed equivalent number of loading cycles, consideration of the uncertainty is emphasized in forward analyses. The work described herein may be used to estimate cyclic resistance of intact non-plastic and plastic silt soils and corresponding factor of safety against cyclic failure for a range in cyclic shear strain failure criteria, to plan cyclic laboratory testing programs, and to calibrate models for use in site response and nonlinear deformation analyses in the absence of site-specific cyclic test data. As with any empirical approach, the models presented herein should be revised when additional, high-quality cyclic testing data become available.

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Gáfaro, Margarita, Ana María Ibáñez, Daniel Sánchez-Ordoñez und María Camila Ortiz. Farm Size and Income Distribution of Latin American Agriculture New Perspectives on an Old Issue. Inter-American Development Bank, August 2023. http://dx.doi.org/10.18235/0005088.

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Latin American and Caribbean countries have historically been known for their rates of land inequality, highest in the world. However, these countries also exhibit a high degree of heterogeneity in their patterns of land concentration and average farm sizes. These cross-country differences play a determining role in productivity of farms and the distribution of agricultural income. Constructing a new data-set matching agri- cultural census and household survey data, we provide suggestive evidence on the positive relationship between farm size and farm income and wages. We identify the prevalence of small farms and the resulting low agricultural incomes as an important mechanism contributing to high income inequality in agricultural regions. Low labor productivity in small farms appears as a key explanatory factor.

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Davoudi Kakhki, Fatemeh, und Maria Chierichetti. Exploring the Relationship Between Mandatory Helmet Use Regulations and Adult Cyclists’ Behavior in California Using Hybrid Machine Learning Models. Mineta Transportation Institute, Oktober 2021. http://dx.doi.org/10.31979/mti.2021.2024.

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In California, bike fatalities increased by 8.1% from 2015 to 2016. Even though the benefits of wearing helmets in protecting cyclists against trauma in cycling crash has been determined, the use of helmets is still limited, and there is opposition against mandatory helmet use, particularly for adults. Therefore, exploring perceptions of adult cyclists regarding mandatory helmet use is a key element in understanding cyclists’ behavior, and determining the impact of mandatory helmet use on their cycling rate. The goal of this research is to identify sociodemographic characteristics and cycling behaviors that are associated with the use and non-use of bicycle helmets among adults, and to assess if the enforcement of a bicycle helmet law will result in a change in cycling rates. This research develops hybrid machine learning models to pinpoint the driving factors that explain adult cyclists’ behavior regarding helmet use laws.

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Лов'янова, І. В., und С. Г. Шиперко. Здійснення міжпредметних зв’язків курсу стереометрії з фізикою у процесі розв’язування задач. [б. в.], 2013. http://dx.doi.org/10.31812/0564/2379.

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The Author is given feature of the notion "between subject problem". The Authors have conducted the classification between subject problems on different bases. In article cite an instance problems, in which are fixed the relationship between parallel and perpendicular direct and planes and law of the reflection and refractions of the light.

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Benavente, José Miguel, und Pluvia Zuñiga. How Does Market Competition Affect Firm Innovation Incentives in Emerging Countries? Evidence from Chile and Colombia. Inter-American Development Bank, Mai 2022. http://dx.doi.org/10.18235/0004235.

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The effect of market competition on firm innovation remains controversial, especially in the context of developing countries. This paper presents new empirical evidence about the causal impact of competition on firm innovation for Chilean and Colombian manufacturing firms. Using instrumental-variable estimation, our results show that market competition increases firm propensity to invest in innovation, but this relationship manifests differently in the two countries. While this relationship is linear in Chilean firms, an inversed-U shaped relation prevails in Colombian firms. In both countries, however, innovation incentives are mostly concentrated in the medium range of the firm productivity distribution. These findings are robust to including past innovation engagement, import competition, and business dynamics. In addition, first- stage estimations show that competition law interventions improved market competition in sanctioned sectors while business entry reforms significantly leveraged competition across industries. These findings stress the importance of pro-competition regulations and competition policy, not only to benefit consumers welfare but also to support firm innovation.

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