Academic literature on the topic 'Domestic relations (Hindu law)'

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Journal articles on the topic "Domestic relations (Hindu law)"

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Aisyah, Siti. "GENDER DIVISION OF LABOUR AND POLYGAMY." ALQALAM 26, no. 2 (2009): 229. http://dx.doi.org/10.32678/alqalam.v26i2.1557.

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The Indonesian patriarchal culture and gender inequality is reflected in state policies, regulations and laws. As a pluralistic country comprising of different ethnic groups with specific cultures and traditions, Indonesia has four formal religions: Islam, Christianity, Hindu and Buddhism. Because of this, Indonesian law reflects cultural and religious diversity, including customary law or Adat law, the Marriage Law of 1974 as well as civil and criminal law. Two serious concerns of Marriage Law of 1974 are in relation to gender division of labour and polygamy which undermine Indonesian Muslim
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GC, Ram. "Influence of Casteism in Modern Nepal: A Sociological Perspective." Marsyangdi Journal 3, no. 1 (2022): 122–27. http://dx.doi.org/10.3126/mj.v3i1.47961.

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Casteism is a hierarchical phenomenon where prejudice occurs on the basis of caste superiority. It occurs disparity and injustice among human beings. So, the New Civil Code declared the practice of untouchability illegal. But the practice of caste discrimination is still existed in the various spheres of life in Hindu society. In this article, I have tried to present the structure of the caste system as it is manifested in the context of Nepal and discussed the pattern of social discrimination faced by the people. The objective of this paper is to analyze these practices as they occur in the d
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CHATTERJEE, NANDINI. "Religious change, social conflict and legal competition: the emergence of Christian personal law in colonial India." Modern Asian Studies 44, no. 6 (2010): 1147–95. http://dx.doi.org/10.1017/s0026749x09990394.

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AbstractOne of the most contentious political issues in postcolonial India is the unfulfilled project of a ‘uniform civil code’ which would override the existing ‘personal laws’ or religion-based laws of domestic relations, inheritance and religious institutions. If the personal laws are admitted to be preserved (if somewhat distorted) remnants of ‘religious laws’, then the legitimacy of state intervention is called into question, especially since the Indian state claims to be secular. This paper, by discussing the history of the lesser-known Christian personal law, demonstrates that this conu
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Hashmi, Javed Hassan, and Waseem Ishaque. "Rise of Hindu Nationalism: Impact of Domestic Environment on International Relations." Global International Relations Review IV, no. IV (2021): 32–42. http://dx.doi.org/10.31703/girr.2021(iv-iv).04.

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This article briefly examines the rise of Hindu nationalism, its role in the formulation of the domestic environment and assesses its impact on the international relations of India. Since the ascendance of Modi to power,the involvement of RSS in Indian politics and governmental affairs has increased manifold. Curbs on civil society, NGOs, and media freedom have been noticed by independent observers. Hate speech and the enactment of laws to marginalize space for minorities are common happenings. This article has incorporated an integrative review technique while working under an overall design
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Pande Putu Gita Yani, I Ketut Sukadana, and Luh Putu Suryani. "Perkawinan yang Tidak Dicatatkan dalam Masyarakat Hindu di Bali." Jurnal Preferensi Hukum 2, no. 1 (2021): 150–55. http://dx.doi.org/10.22225/jph.2.1.3061.150-155.

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According to Article 2 of Law Number 1 of 1974 concerning Marriage, that marriage is considered valid if carried out according to religion and belief, and registered with civil registration. The divorce process is not stated in the Hindu community in Bali and due to marriage which is not recorded in the Hindu community in Bali. The research method uses a type of normative research, legal research that examines written law and divided aspects. Over time, problems often arise as a result of disharmony in domestic life. As a divorce arises, divorce is the end of a marriage. In Law No. 1 of 1974 t
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de Estrada, Kate Sullivan. "What is a vishwaguru? Indian civilizational pedagogy as a transformative global imperative." International Affairs 99, no. 2 (2023): 433–55. http://dx.doi.org/10.1093/ia/iiac318.

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Abstract Ambitions for India to enact the role of vishwaguru or ‘world teacher’ are a conspicuous feature of foreign policy discourse under contemporary Hindu nationalist rule in India. This discourse, and India's foreign-policy practice, engage the international realm with a puzzling intensity given Hindu nationalism's inward-looking and exclusionary emphasis on majoritarian cultural unity. In this article, I leverage International Relations scholarship on social closure, international order and recognition struggles to examine the historical lineages and recent articulations of nineteenth-ce
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Wai, Robert. "Trade law as foreign relations law." University of Toronto Law Journal 74, Supplement 1 (2024): 167–85. http://dx.doi.org/10.3138/utlj_2024_0010.

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This article reflects on the normal frame for international trade law in times of resurgent assertions of national interest in domestic politics and in foreign relations. An emphasis on national interest poses special problems when legal and economic relations are fundamentally transnational, necessarily involving multiple and complex connections across national borders and reflecting a diverse and complex pluralism within each national tradition. This is especially true in Canada, which is a society foundationally built on flows of people, goods, capital, and ideas from around the world as we
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Lowe, A. V., Colin Warbrick, and Colin Warbrick. "International Law and Domestic Law: Ministerial Powers." International and Comparative Law Quarterly 38, no. 4 (1989): 965–77. http://dx.doi.org/10.1093/iclqaj/38.4.965.

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Genrikh, Natalya V. "Criminalization and international relations." Gosudarstvo i pravo, no. 11 (2022): 114. http://dx.doi.org/10.31857/s102694520022765-2.

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The article discusses the relationship between the process of criminalization of socially dangerous acts and international legal relations. The bilateral nature of such a relationship is emphasized: the influence of international law norms on the transformation of criminal law and the impact of criminal law on international and foreign policy relations. The insufficiency of political and doctrinal constructions to resolve the issue of the relationship between international and domestic law is noted. The article reveals the content of a two-level legal mechanism developed and tested by the Cons
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Peters, Anne. "Foreign Relations Law and Global Constitutionalism." AJIL Unbound 111 (2017): 331–35. http://dx.doi.org/10.1017/aju.2017.90.

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This essay draws upon the perspectives, concepts, and tools developed in the literature on global constitutionalism as support for “normalizing” foreign relations law—that is, presumptively subjecting foreign relations actions to the constitutional and other legal standards that apply to domestic actions.
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Dissertations / Theses on the topic "Domestic relations (Hindu law)"

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Ḥarrāq, al-ʻAlamī. "al-Tawthīq al-ʻadlī bayna al-fiqh al-Mālikī wa-al-taqnīn al-Maghribī wa-taṭbīqātuhu fī mudawwanat al-usrah". al-Rabāṭ : Dār al-Salām, 2005. http://catalog.hathitrust.org/api/volumes/oclc/191871567.html.

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Osei-Tutu, Julia J. "Trips and domestic control : implications for developing countries." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=34016.

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This paper examines the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) on domestic control. The paper explains why intellectual property became part of the global trade agenda. The author considers arguments both for and against stronger global protection for intellectual property rights. Through analysis of the World Trade Organization (WTO) cases on the TRIPS Agreement, the author argues that the TRIPS Agreement has effectively removed from WTO Member states control over their intellectual property regimes. The author focuses on the negativ
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Mugisha, Julius P. K. "Recognition of common-law spousal relationships in Canadian family law." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80943.

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Common-law spousal relationships have become increasingly common with a growing number of Canadians electing to enter into them. This thesis appreciates the injustices suffered by common-law spouses during and at the termination of their spousal relationships, and reinforces the view that the denial of marital property benefits dishonors the dignity of common-law spouses. Common-law spouses experience similar needs as their married counterparts when the relationship ends. Most of the current functions of marriage can be fulfilled within common-law spousal relationships and should more a
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O'Hanlon, Johanne Elizabeth. "Can lessons from game theory be applied to family law negotiations?" Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99557.

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The author suggests using lessons from Game Theory to improve the negotiation process and to construct more fitting agreements upon the breakdown of the family unit in the cases of separation or divorce. Currently many settlement agreements are inappropriate for the parties for a variety of reasons, including not establishing the parties' true interests during the negotiations. Furthermore, an inappropriate agreement may not be reopened by the court, given strict procedural and jurisprudential requirements. Game Theory lessons promote communication, cooperation, and forgiveness without allowin
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Frits, Paul K. "Measures affecting domestic and foreign competition in the Canadian computer-telecommunications sector." Thesis, McGill University, 1989. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59390.

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The thesis examines the Canadian policy and law affecting those services sectors affected by the provisions of the Canada - U.S. Free Trade Agreement which relate to telecommunications, enhanced network services, and computer/information services.<br>In particular, constitutional law and administrative law in telecommunications matters are examined. Also examined in detail are those provisions of the Free Trade Agreement which affect the regulatory measures relating to the telecommunications transport sector and regulatory measures relating to other services which extensively utilize telecommu
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Cheng, Ka-po Maria. "A proposal for the establishment of the family law court in Hong Kong and the possible contribution of the social work profession /." [Hong Kong : University of Hong Kong], 1985. http://sunzi.lib.hku.hk/hkuto/record.jsp?B12322349.

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Hagelüken, Alexandra. "The impact of EC law and WTO law on domestic law : a critical analysis of the case law of the European Court of Justice." Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21683.

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The relationship between, on the one hand, European Community Law and World Trade Organization Law and, on the other hand, domestic law lies at the heart of this thesis The European Treaty and the World Trade Organization Agreements have far reaching impacts not only on their Member States, but also on individuals. It is of crucial importance for the protection of individual rights and for the effective enforcement of these treaties whether individuals can invoke them before their national courts. After giving an overview of the general theories, which exist in international law with respect t
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Stuntz, Jean A. "His, Hers, and Theirs: Domestic Relations and Marital Property Law in Texas to 1850." Thesis, University of North Texas, 2000. https://digital.library.unt.edu/ark:/67531/metadc2495/.

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Texas law regarding the legal status of women and their property rights developed from the mingling of Spanish and English laws. Spanish laws regarding the protection of women's rights developed during the centuries-long Reconquest, when the Spanish Christians slowly took back the Iberian Peninsula from the Moorish conquerors. Women were of special importance to the expansion of Spanish civilization. Later, when Spain conquered and colonized the New World, these rights for women came, too. In the New World, women's rights under Spanish law remained the same as in Spain. Again, the Spanish w
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潘榮 and Wing Poon. "A critical analysis of the marriage law of the People's Republic of China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1991. http://hub.hku.hk/bib/B31972779.

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Welchman, Lynn. "Beyond the code Muslim family law and the shariʼa judiciary in the Palestinian West Bank /". The Hague ; London ; Boston : Kluwer Law International, 2000. http://catalogue.bnf.fr/ark:/12148/cb37739801w.

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Books on the topic "Domestic relations (Hindu law)"

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Sharma, K. M. Hindu law. Kamal Publishers, 2000.

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1941-, Mahmood Tahir, ed. Studies in Hindu law. 2nd ed. Law Book Co., 1986.

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Rakshit, Mridul Kanti. The principles of Hindu law: Personal law of Hindus in Bangladesh and Pakistan, containing law of socio-economic relations of the members of the Hindu society as well as the socio-engineering law of property of Hindus as modified by various legislative enactments, with upto date judicial precedents. 3rd ed. Mrinalkanti Rakshit, 1985.

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Srinivasan, M. N. M.N. Srinivasan's commentary on the Hindu Marriage Act, 1955 (Act No. 25 of 1955): Alongwith marriage rules and marriage registration rules under Hindu Marriage Act, 1955. 2nd ed. Delhi Law House, 2010.

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Khaṇḍelavāla, Kr̥shṇāvatāra. Dainika jīvana ke āvaśyaka kānūna. 2nd ed. Manoja Pablikeśansa, 2008.

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Wani, M. A. Treatise on competing faith oriented family norms: Hindu, Christian, and Islamic principles. Upright Study Home, 1990.

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Sharma, Preeti. Hindu women's right to maintenance. Deep & Deep Publications, 1990.

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Bhavadeva. Dattaka-tilakaḥ: The Sanskrit text critically edited with the editor'sṬīkā named Dīpti along with English and Bengali translations together with an elaborate introduction and appendices. The Asiatic Society, 2004.

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1941-, Mahmood Tahir, ed. The Hindu Minority & Guardianship Act, 1956 and the Hindu Adoptions & Maintenance Act, 1956. 2nd ed. Law Book Co., 1986.

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Mishra, Prakash Chandra. Dāyabhāge uttarādhikārikramaḥ. Available at Sanjulata Mishra, 2003.

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Book chapters on the topic "Domestic relations (Hindu law)"

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Bauman, Richard W. "Domestic Relations Law." In Critical Legal Studies. Routledge, 2021. http://dx.doi.org/10.4324/9780429044793-15.

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de Santa Cruz Oliveira, Maria Angela Jardim. "The Relations Between International Law and Domestic Courts." In International Trade Agreements Before Domestic Courts. Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-13902-9_2.

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Barton, Thomas D. "Challenges When Family Conflicts Meet the Law—A Proactive Approach." In Children in Custody Disputes. Springer Nature Switzerland, 2023. http://dx.doi.org/10.1007/978-3-031-46301-3_9.

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AbstractThe final contributing chapter assumes that the effectiveness of addressing a social problem depends, in part, on the quality and appropriateness of the procedures used to address that problem. For the author, attributes of domestic relations problems—especially child custody issues—do not fit well with the capabilities of traditional legal procedures. However, this lack of fit between problem and procedure can be overcome and procedures improved. Using a proactive approach, the author identifies a need of acknowledging and incorporating different ways of speaking about domestic relations problems. He concludes that the legal system should supplement its traditional problem-solving methods with others, for example, the welfare system and psychology.
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Tams, Christian J. "A Dangerous Last Line of Defence: Or, A Roman Court Goes Lutheran." In Remedies against Immunity? Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_13.

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AbstractThe chapter addresses questions of international law implicated by Sentenza 238/2014. It begins by revisiting the longstanding debate about state immunity and its limits, arguing that notwithstanding decades of discussion, a ‘grave breaches’ exception has never had more than marginal support in positive international law. Against that background, it comes as no surprise that the Italian Constitutional Court (ItCC), in Judgment 238/2014, did not assert the existence of a grave breaches exception as a matter of international law. Instead, the ItCC relied on what might be termed a ‘foreign relations law’ approach, holding that Italian constitutional law required it not to give domestic effect to the international law of state immunity. This ‘foreign relations law’ approach offers a last line of defence for those seeking to limit the reach of rules of state immunity. As is set out in this chapter, it is an effective line of defence because international law does not ‘by itself, possess the force to amend or repeal internationally unlawful domestic (…) acts’ (Antonio Cassese). At the same time it is a dangerous line, as it risks weakening international law generally and not just in the area of immunity. This chapter suggests that, when read as a foreign relations law decision, Sentenza 238/2014 is not as such unusual: it is one of many decisions accepting some form of ‘constitutional override’ that limits the effects of international law within domestic legal orders. However, Sentenza 238/2014 stands out because—unlike other decisions—it seems to refuse international law any place in the construction of constitutional law: in the ItCC’s ‘separatist treatment’ (Kolb) international law is denied a directive function (‘Orientierungswirkung’); it is not factored into the equation. Seen in that light, Sentenza 238/2014 (counter-intuitively, for a ‘Roman’ decision) has a ‘Lutheran’ quality; it is informed by a stubborn ‘here I stand, I can do no other’ aspect, which limits the potential for a constructive dialogue between domestic and international judiciaries.
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Chaudhry, Faisal. "From Contract to the Nascent Anthropological Discourse about Status." In South Asia, the British Empire, and the Rise of Classical Legal Thought. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/oso/9780198916482.003.0009.

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Abstract Chapter eight continues charting the law’s emergence, turning from market governance to status relations in the domestic arena. Starting from the understanding of the law of status in classical legal thought, it highlights its evident difference from what historians of South Asia see as a ‘personal law’ confined to the religio-cultural realm already by the 1770s. The chapter then turns to how status was taken up in the ordinary language discourse of nascent sociologico-anthropological theorizing after 1857, focusing on Henry Maine’s equivocal version of the concept and its broader currency among those who formulated the Punjab’s ‘customary law.’ It concludes by starting to discuss the overfreighting of the Anglo-Hindu and Anglo-Muslim subsystems of the personal law after 1857. The chapter also argues that ordinary language discourse about status varied markedly from its doctrinal counterpart in a way that proved a key source of variation in how classical legal thought globalized.
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Symeonides, Symeon C. "Status and Domestic Relations." In Choice of Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/acprof:oso/9780190496722.003.0014.

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Basch, Norma. "Marriage and Domestic Relations." In The Cambridge History of Law in America. Cambridge University Press, 2008. http://dx.doi.org/10.1017/chol9780521803069.009.

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White, G. Edward. "6. Law and domestic relations." In American Legal History. Oxford University Press, 2013. http://dx.doi.org/10.1093/actrade/9780199766000.003.0006.

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"Family Law and Domestic Relations." In Principles and Practice of Forensic Psychiatry, 2Ed. CRC Press, 2003. http://dx.doi.org/10.1201/b13499-41.

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McKendrick, Ewan. "7. Intention to Create Legal Relations." In Contract Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198855293.003.0007.

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An essential ingredient of a binding contract is that the parties must have had an intention to create legal relations. In other words, they must have had an intention to be bound by the terms of their agreement. This chapter, which examines the doctrine of intention to create legal relations, begins by considering cases involving domestic and social agreements before turning to analyse the role of intention to create legal relations in the commercial environment.
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Conference papers on the topic "Domestic relations (Hindu law)"

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Mazurenko, Andrey Petrovich, and Olga Viktorovna Dyachenko. "LEGAL POLICY IN THE ENERGY SECTOR: PUBLIC AND PRIVATE LEGAL ASPECTS." In Themed collection of papers from Foreign International Scientific Conference « Science in the Era of Challenges and Global Changes» Ьу НNRI «National development» in cooperation with AFP (Puerto Cabezas, Nicaragua). Мау 2023. - Caracas (Venezuela). Crossref, 2023. http://dx.doi.org/10.37539/230527.2023.76.65.008.

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International and national legal policy in the energy sector are considered. The points of view of various authors on the content and purpose of modern legal policy, as well as the place of energy law in the system of domestic legislation are analyzed. Conclusions are drawn about the uniqueness and complexity of energy law, consisting in a dialectical combination of public-legal and private-law ways of regulating energy relations, as well as about the lack of formation of a full-fledged legal policy in this area.
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Yousefi, Camelia. "The Relationship between Perceived Domestic Violence and Quality of Sexual Relations among Women Filing for Divorce in Court of Law, Mofatteh Branch in Tehran." In The 5th International Conference on Research in Behavioral and Social Science. acavent, 2018. http://dx.doi.org/10.33422/5icrbs.2018.12.80.

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Dimitrov, Vasil. "AUTONOMY AND RESPONSIBILITY OF MODERN SPORT: BETWEEN NATIONAL STANDARDS, THE APPLICABILITY OF EUROPEAN UNION LAW AND MARKET MECHANISMS." In INTERNATIONAL SCIENTIFIC CONGRESS “APPLIED SPORTS SCIENCES”. Scientific Publishing House NSA Press, 2022. http://dx.doi.org/10.37393/icass2022/134.

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ABSTRACT The heterogeneous nature of sports relations, which are subject to the regulation of sports law, predetermines the different nature of regulation, which in turn provides for a different “autonomy” of sports organizations. The autonomy of individual and collective action is possible only in the existence of normative systems and cultural models that allow different degrees of conformity to their prescriptions and requirements. The research aims to reveal some legal, sociological, and practical aspects of autonomy in sports, and features of manifestation on a national and European scale
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Miladinović, Zoran. "SPECIAL OBLIGATIONS OF THE RAIL CARRIER TO USERS OF THE RAIL TRANSPORT SERVICE - PASSENGERS." In International scientific conference challenges and open issues of service law. Vol. 2. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko2.003m.

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The paper discusses the special obligations of the railway carrier towards the users of railway transport services, i.e. passengers, with a special emphasis on solutions in EU and Serbian regulations. National and international regulations on the transportation of passengers by rail regulate the legal relations regarding the mutual rights and obligations of the contracting parties - the railway carrier and passengers. However, practice has shown that passengers very often suffer certain inconveniences and even damage in the event of disruptions in transport, and such situations were not regula
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Pavićević, Aleksandra. "COMPENSATION, COMPLAINT OF UNFULFILLED CONTRACT AND IUS RETENTIONIS." In International scientific conference challenges and open issues of service law. Vol. 2. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko2.647p.

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The subject of the work are three interesting institutes of civil law, namely: compensation, complaint of unfulfilled contract and right of retaning possession, which share the common role of private law security of threatened claim and which are carried out using an authentic technique of self-protection. Bilaterally binding debtor-creditor relations in general, including those in the sphere of service law, often in practice suffer from various disturbances of mutual obligations, due to breach of contractual obligations, violation of bona fides, etc. At that time, the creditor was recognized
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Mustetsa, Iryna, and Svitlana Luchyk. "Ways to improve the management of enterprises in the tourism industry of Ukraine in martial law." In Conferinta stiintifica internationala "Strategii si politici de management in economia contemporana", editia VII. Academy of Economic Studies of Moldova, 2023. http://dx.doi.org/10.53486/icspm2022.20.

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The article considers the problems of development and management of tourism enterprises during the martial law in Ukraine. It is established that the aggression of the Russian Federation and the beginning of the war with Ukraine affected all key aspects of the life of the Ukrainian people and shook the entire civilized world. Numerous bombings of the Black Sea coast, which houses the largest number of Ukrainian tourism facilities, have preserved the work of hospitality enterprises and forced management to make decisions not to open the tourist season in many areas, and catastrophic business lo
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Кулаков, А. А. "LEGAL AWARENESS: CONCEPT AND ESSENTIAL-CONTENT CHARACTERISTIC." In ИНСТИТУТЫ ЗАЩИТЫ ПРАВ ЧЕЛОВЕКА И ГРАЖДАНИНА В ИСТОРИИ РОССИИ. Crossref, 2022. http://dx.doi.org/10.56777/lawinn.2023.25.69.011.

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Понятие «правосознание» непосредственно связано с понятием «право» и находится в одном содержательно-смысловом пространстве вместе с понятиями «правовая жизнь», «правовые отношения», «правовая культура», «правовая активность» и т.д. Актуальность исследования правосознания обусловливается всевозрастающий ролью человеческого фактора в решении тех проблем общественно-политической и социально-экономической жизни общества и государства, которые волнуют сегодняшний мир, в целом. Автор обращает внимание на отдельные аспекты понимания и интерпретации понятия «правовое сознание», которые разрабатывалис
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Reports on the topic "Domestic relations (Hindu law)"

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Michel, Bob, and Tatiana Falcão. Taxing Profits from International Maritime Shipping in Africa: Past, Present and Future of UN Model Article 8 (Alternative B). Institute of Development Studies (IDS), 2021. http://dx.doi.org/10.19088/ictd.2021.023.

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International maritime shipping is an essential part of global business. Since the establishment of the current international tax regime in the 1920s, there has been a consensus that profits generated by this business are taxable only in the residence state –the state where the shipowners are located. Source states – the port states where business physically takes place – are generally expected to exempt income from international shipping. This standard is currently reflected in Article 8 of the OECD Model and Article 8 (Alternative A) of the UN Model, and is incorporated in the vast majority
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