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Journal articles on the topic 'Harm to third parties'

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1

Friehe, Tim, Eric Langlais, and Elisabeth Schulte. "Firm Liability When Third Parties and Consumers Incur Cumulative Harm." Environmental and Resource Economics 81, no. 1 (2021): 53–71. http://dx.doi.org/10.1007/s10640-021-00617-2.

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AbstractThis paper analyzes liability rules when consumers and third parties/the environment incur harm. Expected harm is convex in the level of output and modeled as a power function. We show that the social ranking of liability rules previously established for the case in which only consumers suffer harm (Strict Liability dominates No Liability and Negligence) may be reversed if harm to third parties or the environment is sufficiently important.
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2

Howarth, David. "My brother's keeper? Liability for acts of third parties." Legal Studies 14, no. 1 (1994): 88–104. http://dx.doi.org/10.1111/j.1748-121x.1994.tb00566.x.

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In what circumstances, if any, can a person be held liable in tort for failing to prevent another person from causing harm?Different legal systems answer the question in different ways. In many US jurisdictions, for example, although theoretically there is a presumption against liability, a great number of categories of citizen (including doctors, bar-keepers and psychologists) are held responsible for the harm caused by others to whom, for example, they have prescribed medicines or served alcoholic drinks or offered advice.
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3

Saunders, Ben. "Harm to What Others? J. S. Mill's Ambivalence Regarding Third-Party Harm." Journal of the History of Philosophy 62, no. 2 (2024): 263–87. http://dx.doi.org/10.1353/hph.2024.a925520.

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abstract: John Stuart Mill's harm principle holds that an individual's freedom can only be restricted to prevent harm to others. However, there is an important ambiguity between a strong version, which limits legitimate interference to self-defense and therefore prohibits society from protecting third parties (those who are not its members), and a narrow version, which grants any society universal jurisdiction to prevent nonconsensual harms, no matter who is harmed. Mill sometimes appeals to the strong harm principle to preclude interference, but elsewhere endorses measures (including humanita
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4

Hau, Maksymilian. "Wolny rynek czy wolny rynek idei? Refleksje na temat ochrony wolności religijnej przedsiębiorców na kanwie wyroku Sądu Najwyższego USA w sprawie 303 Creative LLC przeciwko Elenis." Przegląd Prawa Konstytucyjnego 82, no. 6 (2024): 163–78. https://doi.org/10.15804/ppk.2024.06.11.

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Although the protection of religious freedom through freedom of speech is not a new concept in US jurisprudence, the recent decision of the Supreme Court of the United States in the Elenis case extended its application to commercial companies, holding that it is lawful to refuse to provide a service to third parties if doing so would compel the owners of the companies to make a speech that is inconsistent with their religious beliefs. Such a broadly defined protection of religious freedom raises concerns from the perspective of harm to third parties in terms of equal access to services in the
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5

Slovenko, Ralph. "The duty of therapists to third parties." Journal of Psychiatry & Law 23, no. 3 (1995): 383–410. http://dx.doi.org/10.1177/009318539502300304.

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This paper discusses the duty that therapists owe to persons other than patients. It discusses leading cases in the law of torts, beginning with the landmark 1928 case on duty in negligence law of Palsgraf v. Long Island R.R. Co.; then the 1980 decision of Molien v. Kaiser Foundation Hospital, which drew a distinction between “direct” and “indirect” harm; then the 1976 decision of Tarasoff v. Regents of the University of California, which set out a theory of “special relationship” of a therapist to a person harmed by a patient; and finally the 1994 decision of Ramona v. Isabella, Rose & We
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6

Yazici, Emir. "Transborder identities, bias, and third-party conflict management." Conflict Management and Peace Science 37, no. 4 (2018): 490–511. http://dx.doi.org/10.1177/0738894218800816.

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Which third parties are more likely to manage interstate conflicts? Once they do, what kind of conflict management methods do they use? I argue that ethnic, language, and/or religious ties between a potential third party and disputant states can affect both the likelihood and the type of conflict management. If there are strong identity ties (ethnic, language, and/or religious) between the majority group in a potential third-party state and the majority group in one of the disputant states, both the likelihood of conflict management in general and the likelihood of economic conflict management
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7

Hereth, Blake. "Self-Defense for Theists." Journal of Analytic Theology 10 (October 21, 2022): 246–76. http://dx.doi.org/10.12978/jat.2022-10.011104070407.

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According to Theistic Defensive Incompatibilism, common theistic commitments limit the scope or explanation of permissible self-defense. In this essay, I offer six original arguments for Theistic Defensive Incompatibilism. The first four arguments concern narrow proportionality: the requirement that the defensive harm inflicted on unjust threateners not exceed the harm they threaten. Hellism, Annihilationism, and Danteanism each imply that narrow proportionality is rarely satisfied, whereas Universalism implies that killing never harms. The final two arguments concern wide proportionality, or
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8

Handoko, William Surya Putra. "Akibat Hukum bagi Kreditur Setelah Perjanjian Perkawinan Dibuat dan Telah Disahkan." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 6, no. 1 (2021): 55. http://dx.doi.org/10.17977/um019v6i1p55-65.

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This study aimed to analyze legal problems due to the change in the legal status of the debtor’s property in marriage which was previously a joint property into the personal property of each husband or wife. This study used a statutory approach and an analysis approach, while the analysis techniques used grammatical interpretation and systematic interpretation. After the decision of the Constitutional Court was issued, the creation of marriage agreements that had been ratified would result in the law of separation of property and applied to third parties. The marriage agreement should not harm
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9

Musyarif, Muhammad Abdul Hakim Aliy Ainun, and Merline Eva Lyanthi. "Perlindungan Hukum bagi Pihak Ketiga atas Sertifikat Hak Milik Tanah yang Dijadikan Jaminan Kredit." Journal Evidence Of Law 4, no. 1 (2025): 30–35. https://doi.org/10.59066/jel.v4i1.936.

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This writing journal aims to study and find out the legal protection obtained by third parties as owners of land ownership certificates as replacement collateral for debtors at the bank. The problem taken in this journal is: How is Legal Protection for Mortgage Owners as Replacement Collateral by Debtors in Banks. This journal research uses a normative juridical approach method with the writing reference being positive legal rules in Indonesia. After that, carry out a normative analysis and use legal materials such as the 1945 Constitution, the Civil Code, statutory regulations, mortgage right
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10

Abu Bakar. "Investment Accounting Analysis and Its Impact on Nominal Investment Assets of DKI Jakarta Provincial Governmen." Jurnal Pengabdian Masyarakat dan Riset Pendidikan 4, no. 1 (2025): 202–18. https://doi.org/10.31004/jerkin.v4i1.1568.

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This study aims to find out and understand how the recording of investment, investment gain, profit sharing, profit sharing realization and loss accounting. The research method used is descriptive. The results of the study show that capital investment accounting is recorded according to three investment valuation methods. 2) Profit sharing accounting is divided into three. Investment in BUMD, in third parties and in limited liability companies. The impact of this investment accounting application is that the nominal amount of investment value is always changing for BUMD and limited liability c
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11

Ngwena, Charles, and Ruth Chadwick. "Genetic Diagnostic Information and the Duty of Confidentiality: Ethics and Law." Medical Law International 1, no. 1 (1993): 73–95. http://dx.doi.org/10.1177/096853329300100106.

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The article explores in the context of the duty of confidentiality the ethical and legal dilemmas posed for the doctor holding a patient's genetic information where there are two competing interests — the interest in protecting the confidentiality of the patient and the interest in protecting a third party from harm. The discussion is confined to third parties that are either genetically related to the confider or share a reproductive interest with him/her. It is submitted that it is desirable in exceptional circumstances to give the doctor a discretion to disclose confidence to a third party
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12

Onamson, Friday Okafor. "Devolution of corporate managerial powers: A critical analysis." Corporate Board role duties and composition 11, no. 3 (2015): 66–83. http://dx.doi.org/10.22495/cbv11i3art6.

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Generally, corporate managerial powers which, among others, entail powers to manage the company as a going concern, to exercise good faith and to act within powers are devolved to the corporate management. The corporate board may be negatively or positively active in the exercise of its powers. For third parties, the law made adequate protection for third parties which shield them from harm of agency problems. But the same cannot be said of the company. In certain cases where the board is positively active, this may unwittingly result in Longe Effect. Where the company suffers due to manageria
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13

Chang, Kevin C. "When Do-Gooders Do Harm: Accountability of the United Nations toward Third Parties in Peace Operations." Journal of International Peacekeeping 20, no. 1-2 (2016): 86–110. http://dx.doi.org/10.1163/18754112-02001007.

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The United Nations’ mandate in a peace operation can be multi-dimensional, ranging from ceasefire monitoring to investigating human rights abuses to post-conflict stabilisation and recovery. The exercise of wide-ranging powers comes with risks of failure and unintended consequences. Like any organisation, the un is subject to flaws in decision-making that may result in harmful impact to the local population. Until recent times, international lawyers have paid scant attention to the un’s potential to inflict harm in the pursuit of its noble aims. The expansion of the un’s role over the decades
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14

Damanik, Saka Baja Pratama. "Tanggung Jawab Direksi Atas Keputusan Bisnis yang Merugikan Pihak Ketiga dalam Hukum Perseroan Terbatas Indonesia." Wajah Hukum 8, no. 2 (2024): 575. http://dx.doi.org/10.33087/wjh.v8i2.1497.

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This research aims: to find out the responsibility of the Board of Directors for business decisions that harm third parties in Indonesian limited liability company law; The problems in this research are: what is the responsibility of the Board of Directors for business decisions that are detrimental to third parties in Indonesian limited liability company law; The research method used is the normative juridical research method and the approaches used are the Conceptual Approach and Legislative Approach.. Analysis of the legal materials used in this research was carried out using descriptive an
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15

Akbar, Nico, Rapung Rapung та Awal Rifai. "Perspektif Fikih Islam Terkait Ṣulḥ Fuḍūlī dalam Proses Perdamaian Pihak Bersengketa". AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab 3, № 4 (2024): 654–72. http://dx.doi.org/10.36701/qiblah.v3i4.1661.

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Sulh fuduli is a peace-making effort conducted by a third party without formal authority. In Islamic jurisprudence, the legitimacy of sulh fudhuli is recognized, though there are differences among jurists across various schools of thought regarding its specifics, procedures, and conditions. This study aims to understand the perspectives of Islamic jurists on Sulh Fuduli in the peace process between disputing parties, using a qualitative research approach and literature review method. The results of this research indicate that Islamic jurists have significant views on the role of third parties
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16

Simamora, Y. Sogar, Sujayadi Sujayadi, and Yuniarti Yuniarti. "BINDING EFFECT OF ARBITRATION CLAUSE TO THIRD PARTIES: PRIVITY OF CONTRACT DOCTRINE Vs. PIERCING THE CORPORATE VEIL." Yuridika 33, no. 1 (2018): 171. http://dx.doi.org/10.20473/ydk.v33i1.7256.

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The arbitration agreement is the legal basis for the arbitration forum to examine and adjudicate the dispute which arose from a private relationship where the parties agree to settle the dispute in arbitration forum. As an agreement, the arbitration agreement still applies the principles of contract, including the principle of privity of contract. In the doctrine of privity of contract, an agreement is only binding and have legal effect only to the parties, the agreement in principle, cannot provide profit or loss to a third party. In the arbitration agreement, only the parties are bound by th
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17

Mina, Mahboobeh, Mehdi Sokhanvar, Davood Jahanbazi, and Seyyed Hoseyn Hoseyni Rechi. "Legal-Juridical Analysis of the Basis and Impact of Harmful Contracts on the Relations of the Sides and the Third Parties under the Act 2014 of the Way of Implementing Financial Sentences." Journal of Politics and Law 10, no. 2 (2017): 188. http://dx.doi.org/10.5539/jpl.v10n2p188.

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Given the relativity principle of contracts their impacts in proportion to third parties are an exceptional issue. In a possible assumption there is a possibility of harm and damage to a third party because of the contract between two people. In our juridical texts, some religious experts have sporadically in a topic of jurisprudence stated the instances of these contracts and have considered two theories of validity and invalidity about them. On the basis of this assumption, although the law of the way of implementing financial sentences considered hanged in 2014 but its 21st article with a b
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18

McIvor, Claire. "Liability in Respect of the Intoxicated." Cambridge Law Journal 60, no. 1 (2001): 109–27. http://dx.doi.org/10.1017/s0008197301000642.

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THIS article considers how third parties may be held personally liable for harm inflicted by, and upon, the intoxicated. It charts the development of ‘alcohol liability’ in Canada and Australia and then goes on to demonstrate how this novel category of liability for the acts of others is beginning to work its way into the English law of tort.
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19

Rashkow, Bruce. "Remedies for Harm Caused by UN Peacekeepers." AJIL Unbound 108 (2014): 10–16. http://dx.doi.org/10.1017/s239877230000177x.

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Since the creation of the United Nations, the need for the Organization to enjoy immunity from the juris-diction of Member States has been widely recognized as necessary to achieve its important and far ranging purposes. However, it has also been understood that this immunity was not intended to shield the Organization from responsibility as a “good citizen” on the world stage to respond to justifiable claims against the Organization by third parties resulting from the activities or operations of the Organization. The United Nations has generally achieved these dual objectives, although two re
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20

Risma, Siti, and Akhmad Budi Cahyono. "Implementasi Prinsip Kehati-Hatian Notaris dalam Pembuatan Akta Perjanjian Perkawinan Yang Berlaku Surut." Wajah Hukum 9, no. 1 (2025): 143. https://doi.org/10.33087/wjh.v9i1.1732.

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The research with this title aims to find out the implementation of the precautionary principle which is carried out by a notary in the process of making a retroactive marriage agreement deed, namely an agreement whose process begins after the marriage is carried out. The focus of this research is how the notary applies the precautionary principle so that the agreement does not harm third parties, such as creditors, and ensures that the agreement remains legally valid. In addition, this research also explores the mechanism of making a marriage agreement deed in the realm of still protecting th
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21

Зырянов, Сергей. "Pre-Trial Appeal in the Sphere of State Control (Supervision) by Third Parties." Public Administration Issues, no. 4 (September 15, 2015): 186–96. https://doi.org/10.17323/1999-5431-2015-0-4-186-196.

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The article considers relationship between the institutions of state control (supervision) and people who are interested in the performance of the control-supervision activity. The rights of citizens, for whom this activity is formally carried out, must be protected, in the event that authorized officials act (or do not act) in such a way that do harm to the life, health of people, their property, and the environment. According to the control-supervision relationship personsbenefi ciaries of the control-supervision activity are to take the legitimate place of third parties (persons) claiming i
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22

Meliana and Adeani Putry. "TINJAUAN PELEPASAN INFORMASI MEDIS PASIEN RAWAT JALAN KEPADA PIHAK KETIGA ASURANSI KESEHATAN SWASTA DI RUMAH SAKIT SETIA MITRA JAKARTA." MEDICORDHIF Jurnal Rekam Medis 8 (February 15, 2022): 54–63. http://dx.doi.org/10.59300/mjrm.v8i1.67.

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The release of medical information is a procedure for releasing, disseminating, and disclosing data or patient medical information for other purposes that do not harm the patient which has been regulated by law, medical information can be provided to insurance, the patient or the patient's family, the hospital that is the place of referral, other doctors treating patients, and for court purposes. The research method used is a type of qualitative descriptive analysis research method. Of the 8 requests that do not meet the requirements, there are 7 requests and there is 1 request that meets the
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23

Manzo, Alejandro Gabriel. "Enforceability of judgments against sovereign States: critical analysis of the NML vs. Argentina injunction." Revista Direito GV 14, no. 2 (2018): 682–706. http://dx.doi.org/10.1590/2317-6172201826.

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Abstract Sentences against sovereign States are difficult to enforce in courts. The Court of New York, in “NML Capital Ltd. vs. Argentina” (NML), tried to solve this situation with an injunction that blocked the payments of Argentina’s sovereign debt. The specialized literature has theoretically predicted that this injunction would cause harm to third parties and problems with other States. This article empirically corroborates these predictions with the analysis of a trial derived from NML: the “Citibank Argentina” case. The analysis of this case confirms the restraints presented by the liter
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Siller, Dr Heidi, Claudia Beck-Rabanser, Prof Dr Margarethe Hochleitner, and Dr Silvia Exenberger. "“Not a Woman-Question, But a Power-Question”: A Qualitative Study of Third Parties on Psychological Violence in Academic Medicine." Workplace Health & Safety 69, no. 1 (2020): 41–49. http://dx.doi.org/10.1177/2165079920938001.

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Background Psychological violence is a persistent issue in academic medicine and affects the health and safety of health care workers. This violence is also debated as part of medical culture. Third parties, persons learning about violations after it happened, may provide an understanding of the interplay between gender and psychological violence. Perspectives on research on psychological violence in academic medicine are currently lacking. Methods In this qualitative exploratory study, interviews were conducted with women from a working group on equal treatment at one medical university in Au
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25

Wiguna, I. Nyoman, Laila Maghfira Andaretna, Michael Christian Budianto, and Tanaya Anindhita Vala. "Legal Protection for Third Parties in Good Faith on Actio Pauliana Litigation in Bankruptcy Proceedings." Yuridika 39, no. 2 (2024): 181–210. http://dx.doi.org/10.20473/ydk.v39i2.56057.

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Actio Pauliana in bankruptcy, as stipulated under Law Number 37 of 2004, empowers the Curator to seek the annulment of transactions undertaken by the bankrupt debtor, causing harm to the bankrupt estate. Actio Pauliana requires proof that a third party, the debtor's transaction partner is proven to not have acted in good faith, as outlined in the law. However, the legislation lacks clarity on the criteria safeguarding third parties in good faith against Actio Pauliana claims. This research employs a doctrinal research method involving a statute, conceptual, case, and comparative approach. The
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26

Halimi, Halimi. "NOTARY RESPONSIBILITY FOR THIRD PARTY LOSSES DUE TO THE ISSUANCE OF THE DEED OF BINDING OF LAND PURCHASE AGREEMENT." Trunojoyo Law Review 5, no. 2 (2023): 101–28. http://dx.doi.org/10.21107/tlr.v5i2.21163.

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Third parties in the formation of the Deed of Sale and Purchase Agreement (APPJB) Land have rights to the object regulated in the PPJB even though they are not involved in its formation as long as they have legal ties to the object being agreed upon. So that when a material loss occurs to a third party originating from the issuance of the PPJB, does the notary have the responsibility to compensate for the loss or vice versa. This type of legal research is a type of normative legal research. The results of this study indicate that legal remedies that can be taken by a third party if the deed of
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27

Rott, Peter. "New Liability of Online Marketplaces Under the Digital Services Act?" European Review of Private Law 30, Issue 6 (2022): 1039–58. http://dx.doi.org/10.54648/erpl2022046.

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Until now, online platforms are by and large exempt from liability for unlawful third party content, and they exempt any liability for such content in the standard terms of their contracts with users. The new Digital Services Act introduces new duties of online platforms, some of which relate to their dealings with information provided by third parties to consumers and with illegal content. However, it is designed as a public law instrument. The article explores whether those new duties, or rather their breach, can nevertheless trigger civil liability of online platforms towards victims of unl
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28

Kim, Sung Hee, Richard H. Smith, and Nancy L. Brigham. "Effects of Power Imbalance and the Presence of Third Parties on Reactions to Harm: Upward and Downward Revenge." Personality and Social Psychology Bulletin 24, no. 4 (1998): 353–61. http://dx.doi.org/10.1177/0146167298244002.

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29

Andayani, Lily, Sherly M. Imam Slamet, and Indah Dwiprigitaningtias. "KEDUDUKAN HARTA BAWAAN (HARTA ASAL) DALAM PROSES PERALIHAN HAK MENURUT PRESPEKTIF UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN." Jurnal Academia Praja 7, no. 1 (2024): 111–24. http://dx.doi.org/10.36859/jap.v7i1.2052.

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Marriage is a legal relationship that is a legal relationship between a man and a woman who have fulfilled the requirements of marriage according to the provisions, for as long as possible. The position of property in the marriage is different, so that it will result in different rights to the property. Not all marriages run smoothly, so that it can result in the termination of marital relations either due to the death of one of the parties (divorce dead) or divorce (divorce alive). One of the legal consequences of a marital bond is the formation of marital property. The classification of mari
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30

Syahraya, Weiheilmina. "PERLINDUNGAN KONSUMEN ATAS PENYALAHGUNAAN FITUR SHOPEE PAYLATER YANG DILAKUKAN PIHAK KETIGA." Journal of Private and Economic Law 4, no. 1 (2024): 1. https://doi.org/10.19184/jpel.v4i1.27861.

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Financial Technology has a big influence on the economy, especially in the advancement of the marketplace, one of which Shopee has presented an innovation, namely the Shopee Paylater feature. However, the presence of Shopee Paylater actually becomes a gap for irresponsible parties to carry out account hacking actions. Therefore, legal protection is needed for Paylater users and strict security of user data to prevent acts of data misuse or account hacking by third parties. This includes both preventive measures, such as secure authentication systems, and repressive measures, such as legal reco
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Yang, Mingjian, Dandan She, and Yangming Guo. "Multiagent Game of Intelligent Building Detection and Its Harm Rumor Analysis." Mathematical Problems in Engineering 2023 (May 5, 2023): 1–17. http://dx.doi.org/10.1155/2023/6639335.

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The “14th Five-Year” development plan of the construction industry of the Chinese government makes it clear that intelligent buildings are the general direction of future construction development. However, the occurrence of construction accidents in recent years has brought huge casualties. With the rapid development of third-party inspection institutions, their judgment has become an important threshold for the access to smart buildings. The failure of inspection institutions to detect the renewal of leases may lead to the failure of intelligent systems, leading to the failure of construction
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Frankland, E. Gene. "The Alternative for Germany from Breakthrough toward Consolidation?" German Politics and Society 38, no. 1 (2020): 30–54. http://dx.doi.org/10.3167/gps.2020.380103.

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The emergence of new parties, especially of populist radical-right parties, has generated considerable scholarly as well as media attention in recent decades. German exceptionalism since the 1950s has come to an end with the electoral successes of the Alternative for Germany (AfD), formed in 2013. Comparative studies, however, provide caution about quick pronouncements of party system transformation. Party organization is an important factor in a new party’s coping with changing external circumstances. Accordingly, this article concerns itself first with the formative circumstances of the AfD
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Karol, David E., Isabel N. Schuermeyer, and Craig A. Brooker. "The Case of H.S.: The Ethics of Reporting Alcohol Dependence in a Bus Driver." International Journal of Psychiatry in Medicine 37, no. 3 (2007): 267–73. http://dx.doi.org/10.2190/pm.37.3.c.

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The physician's duty to preserve patient confidentiality is challenged when doing so may endanger third parties. We present the case of a bus driver whose alcohol dependence raised concerns of a risk not only to his own health and safety, but to public safety as well. We first examine the legal and ethical obligations to report his alcohol use to his employer and then stress the importance of weighing the potential harm of violating patient-physician confidentiality against the severity of risk to the general public.
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Kanygina, Yuliya. "DUTIES TO ONESELF AND THIRD-PARTY BLAME." Public Affairs Quarterly 34, no. 2 (2020): 185–203. http://dx.doi.org/10.2307/26921126.

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Abstract A number of viable ethical theories allow for the possibility of duties to oneself. If such duties exist, then, at least sometimes, by treating ourselves badly, we wrong ourselves and could rightly be held responsible, by ourselves and by non-affected third parties, for doing so. Yet, while we blame those who wrong others, we do not tend to, nor do we think ourselves entitled to blame people who treat themselves badly. If we try, they might justifiably respond that it is none of our business. This disanalogy might be thought of as a reason for skepticism about duties to oneself. It al
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Putu Trisna Witariyani, I Nyoman Sujana, and Ni Made Puspasutari Ujianti. "Akibat Hukum Perjanjian Kawin terhadap Pihak Ketiga dalam Perspektif Putusan Mahkamah Konstitusi No. 69/PUU-XIII/2015." Jurnal Interpretasi Hukum 2, no. 1 (2021): 207–11. http://dx.doi.org/10.22225/juinhum.2.1.3105.207-211.

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Property problems in marriage often occur. With this, the couple can make a marriage agreement for those who want to separate their marital assets. One of the marriage agreement arrangements, which is mentioned in paragraph (1), namely in Article 29 of Law Number 1 of 1974 concerning marriage states that a marriage agreement can be made before the marriage takes place and binds a third party as long as the third party is involved. However, after the issuance of the Constitutional Court Decision No. 69 / PUU-XIII / 2015 the arrangement of the agreement in marriage has changed. This study aims t
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Setiawan, Rahmat, and Yuhelson Yuhelson. "Legal Protection for Directors Related to Agreements with Third Parties that Cause Losses to the Company." Jurnal Sosial Teknologi 4, no. 6 (2024): 353–62. http://dx.doi.org/10.59188/jurnalsostech.v4i6.1256.

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The Board of Directors is obliged to take responsibility for its actions on the employment contract agreement of any responsibility born of any transaction or employment contract activity carried out by it in accordance with the duties and responsibilities given by the board of commissioners to it as a director of the company, with the consideration that the activity has been carried out with due regard to prudential standards and good faith from the duties and functions as a director. The research method used is normative juridical research using primary, secondary, and tertiary legal materia
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Swanson, Elizabeth. "Freedom, Commerce, Bodies, Harm: The Case of Backpage.com." Social Inclusion 5, no. 2 (2017): 3–15. http://dx.doi.org/10.17645/si.v5i2.925.

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This article situates lawsuits against Backpage.com in the context of changing laws and norms of sexual commerce and trafficking, and of evolving legal interpretations of Section 230 of the Communications Decency Act. Section 230 has been used repeatedly to shield internet service providers such as Backpage.com from liability for content generated by third parties that has led to criminal harm to others; in this case, the trafficking and commercial sexual exploitation of minors. Moving to a critique of the law as at times grievously detached from the realities it addresses, I compare the legal
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Irawan, Anang Ade, A. Rachmad Budiono, and Herlin Wijayanti. "Pertanggungjawaban Ahli Waris Notaris sebagai Pejabat Umum atas Akta Notaris yang Menimbulkan Kerugian Para Pihak." Lentera Hukum 5, no. 2 (2018): 322. http://dx.doi.org/10.19184/ejlh.v5i2.6992.

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This article discusses the provision of Article 65 of Notary Law (UUJN) which contains the unclear time limit of the notary's responsibility in performing his duties as a public official. The article does not provide explicit explanations to the extent to which the notary no longer holds the responsibility after termination or death to the authentic deeds made. The purpose of this study is to know, identify and analyze the form of accountability of notary heirs as general officials on notarial deeds that cause harm to the parties. By using normative research, there are research results among o
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Tjandraningsih, Dewi. "Use of Credit Cards as a Means of Payment in Trade Transactions at PT Bank Central Asia Tbk and PT Bank Danamon Indonesia Tbk Tangerang Branch." International Journal of Law Review and State Administration 2, no. 4 (2024): 136–45. https://doi.org/10.58818/ijlrsa.v2i4.156.

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This study aims to examine how to address misuse involving fraud, forgery, and theft related to credit card usage and explore methods for mitigating such issues. Additionally, the study investigates the legal protections available to parties involved in credit card transactions as a payment tool in commercial transactions. The research employs a normative legal approach, which involves examining problems based on legal principles, legal norms, applicable regulations, and relevant legal theories to provide a framework for verifying or testing truths. Conclusion Misuse can occur either by partie
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Štefko, Martin. "Liability of the Employer for Injury Caused to a Third Party in His or Her Workplace." Societas et Iurisprudentia 10, no. 3 (2022): 19–33. http://dx.doi.org/10.31262/1339-5467/2022/10/3/19-33.

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The aim of this paper is to show, using the example of the Section 101(5) of the Czech Labour Code, that the recodification of private law has had a number of consequences, even to the point of making previously excluded constructions permissible. If the general courts originally rejected the employer’s liability for harm caused to the third parties at his/her workplaces, now, after the recodification, such liability is being imported. However, the rather complex legal regulation for a layman is still not settled in the application practice, and the courts are still looking for its optimal imp
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Terwindt, Carolijn, and Tara Van Ho. "Assessing the Duty of Care for Social Auditors." European Review of Private Law 27, Issue 2 (2019): 379–401. http://dx.doi.org/10.54648/erpl2019020.

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This article analyses the appropriate duty of care under English tort law for social auditors towards third parties at risk of suffering damages from their negligence. After explaining the work of social auditors, the article considers whether the duty of care established for financial auditors is an appropriate one for social auditors. It concludes that a robust duty of care does exist for social auditors to guard against negligent audits that could harm workers at audited facilities. Due to differences between the financial and social audit, it further argues the duty of care for social audi
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Lavenia, Mela, Moh Luay Khoironi, Widiastuti Widiastuti, and Serlin Peda Ngura. "Legal Liability for Doctors' Malpractice Through Liability Insurance." Journal of Legal and Cultural Analytics 3, no. 4 (2024): 393–402. https://doi.org/10.55927/jlca.v3i4.12389.

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This study discusses the problems faced by doctors in Indonesia regarding their responsibility towards patients as third parties for their negligence resulting in medical malpractice against patients that is believed to have caused harm to the patient. Through a regulatory approach, this study analyzes the legal framework that regulates the urgency of doctors to obtain professional liability insurance, the requirements that must be met by doctors to file liability insurance claims, and the obstacles that doctors often face when applying for liability insurance. By considering different legal p
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Adžić, Stevan. "Klauzula zabrane konkurencije i prava zaposlenih." Harmonius Journal of Legal and Social Studies in South East Europe 13, no. 1 (2025): 361–81. https://doi.org/10.51204/harmonius_24113a.

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The non-competition clause applies to positions where an employee can acquire specialized knowledge or access important information during their employment. Its purpose is to protect the employer from potential harm caused by the disclosure of information or secrets to third parties, while also limiting the employee’s rights to work after the employment relationship ends. The employment contract specifies the duration of the non-competition period, which, according to the current Labor Law, cannot exceed two years. Additionally, this clause can be geographically limited to avoid competition in
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Setyabudi, Albertus Hansen, Sylvia Janisriwati, and Irta Windra Syahrial. "PERLINDUNGAN HUKUM TERHADAP PIHAK KETIGA DALAM ACTIO PAULIANA." Jurnal Magister Hukum ARGUMENTUM 9, no. 1 (2023): 119–27. http://dx.doi.org/10.24123/argu.v9i1.5771.

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Actio Pauliana is a term for the cancellation of a legal action carried out by the debtor because the legal action can harm the creditor and is not required to be carried out. Actio Pauliana is closely related to bankruptcy law because it can have implications for the process of settling bankrupt assets of debtors who are undergoing the bankruptcy process. In the settlement of bankruptcy assets, the curator will conduct an examination of the ownership of the debtor's bankrupt property which will be used to resolve the bankruptcy process to its creditors. If Actio Pauliana's lawsuit is granted,
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Zikun, I. I. "<i>Culpa levissima</i> and Substitution under Trust Administration." Lex Russica 76, no. 12 (2023): 21–31. http://dx.doi.org/10.17803/1729-5920.2023.205.12.021-031.

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The paper examines the standard of conduct for a trustee and makes an attempt to determine the content of the highest standard of conduct in civil law by the example of an entrusted management agreement (an entrusted management agreement is not an absolute analogue of a common-law trust (or fiduciary) agreement). The paper examines the contradiction between requiring the trustee to exercise the highest standard of behavior and giving him the opportunity to attract third parties to perform his duties. Different legal systems qualify the legal relationship for the management of other people’s pr
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Heriyanti, Heriyanti, Elvira Fitriyani Pakpahan, and Diana Diana. "THE SEVERAL UNLAWFUL ACT AFTER NUPTIAL AGREEMENT IN INDONESIA." International Journal of Law Reconstruction 5, no. 2 (2021): 328. http://dx.doi.org/10.26532/ijlr.v5i2.16291.

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The rule of Constitutional Court has eased on the essential interpretation inherent in the prevailing prenuptial agreement. The prenuptial agreement is understood no longer as the one drawn up prior to the marital process but thereafter as well, as long as it is not against the norms of religion, public order, morals, and third parties. Essentially, it is in accordance Act on Marriage and seemingly more comprehensive than the interpretation of marital agreement of inherence at civil law. The approach method used is a normative juridical approach, the research results obtained state that the im
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Erbakhaev, Evgeniy A., and Maxim V. Kratenko. "Compensation for harm resulting from the usage of a building: Comparative analysis of Russian and Chinese law." Vestnik of Saint Petersburg University. Law 12, no. 2 (2021): 455–76. http://dx.doi.org/10.21638/spbu14.2021.213.

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The article examines the problem of compensation for harm caused in the process of using a building and structure. Attention is paid to the side of the defendant in relation to apartment buildings and non-residential buildings, the distribution of liability in the case of a plurality of tortfeasors, the regulation of third-party liability issues by the contract. A comparative analysis of the legislation of the Russian Federation and the People’s Republic of China regulating the liability of building’s owners (users) and contractors involved in the maintenance of a building as well as court pra
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ORBÁN, József. "<span style="color: green"><b>INTERDISCIPLINARY CHALLENGES OF ANTI-DRONE EFFORTS</b></span>." National Security Studies 17, no. 1 (2020): 31–40. http://dx.doi.org/10.37055/sbn/144274.

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&lt;i&gt;The steps against the careless and deliberately malignant use of unmanned aircraft vehicle involve the evidence needed for the support of detection, drone avoidance and legal consequences. Detection is made more difficult by the small size as well as stealth operations. Avoidance shall be solved such lawful means that cause no unjustifiable or disproportionate harm to third parties. The complexity of the challenge can be handled with close collaboration among different various disciplines. The aim of this research is to give a brief introduction including interdisciplinary collaborati
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Knoll, James L. "The psychiatrist’s duty to protect." CNS Spectrums 20, no. 3 (2015): 215–22. http://dx.doi.org/10.1017/s1092852914000728.

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Responding to the California Supreme Court’s decision and its related legal obligations in Tarasoff v. Regents of Univ. of California over 30 years ago has become a standard part of mental health practice. This case influenced legal requirements governing therapists’ duty to protect third parties in nearly every state in the country. The final ruling in Tarasoff emphasized that therapists have a duty to protect individuals who are being threatened with bodily harm by their patients.This article will provide a brief overview and update on duty to protect legal requirements. Clinical guidelines
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Perdana, Meisha Poetri. "Legal Consequences of the Marriage Agreement Made by Notaries, Then Not Registered." Authentica 2, no. 2 (2020): 95–120. http://dx.doi.org/10.20884/1.atc.2019.2.2.66.

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The marriage agreement is based on Law Number 1 of 1974 Concerning Marriage, a marriage agreement is a means of protecting the assets of a husband and wife, this agreement the parties can determine their respective inheritance. Is there a separation of assets in the marriage from the beginning or is there a shared asset, but the method of division is divided if a divorce occurs. The inheritance of each husband and wife and property obtained as a gift or inheritance, respectively, is under the control of each other as long as the parties do not specify otherwise. The method used in this researc
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