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Journal articles on the topic 'Material liability based on applicable law'

Author: Grafiati

Published: 24 April 2022

Last updated: 30 July 2025

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1

Movchan, R., O. Dudorov, D. Kamensky, A. Vozniuk, and T. Makarenko. "Criminal liability for illegal acts with amber: law-making and law-enforcement issues." Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, no. 3 (June 30, 2024): 197–203. http://dx.doi.org/10.33271/nvngu/2024-3/197.

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Purpose. Analyses of problematic issues of qualification and implementation of criminal liability provisions for the crime provided for in Article 240-1 of the Criminal Code of Ukraine, and elaboration on balanced recommendations for improving the current Criminal Code of Ukraine and the practice of applying its individual provisions. Methodology. A system of methods of scientific knowledge that ensured the achievement of the declared research goal (philosophical (dialectical), statistical, specifically sociological, modeling methods). Findings. Lawmaking and law enforcement problems have been

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Abeyratne, Ruwantissa. "Fatigue Risk Management Systems: Issues of Air Crew Integrity and Liability." Air and Space Law 37, Issue 2 (2012): 119–39. http://dx.doi.org/10.54648/aila2012008.

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On 3 March 2009, the Council of the International Civil Aviation Organization (ICAO) approved international standards, which stipulate that regulations on flight and duty time limitations must be based on 'scientific principles and knowledge'. These standards became effective on 19 November 2009 and remain applicable. On 13 June 2011, the Council adopted international standards for Fatigue Risk Management Systems (FRMS) with a view to better addressing crew fatigue, which is considered a key contributor to aircraft accidents. The new standards, which would amend current standards of ICAO Annex

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Sondang, Tarida, Wira Franciska, and Doni Martien. "Perlindungan Hukum Bagi Badan Hukum Dalam Proses Online Single Submission (Oss) Terhadap Syarat Operasional Badan Hukum." Syntax Idea 5, no. 2 (2023): 225. http://dx.doi.org/10.46799/syntax-idea.v5i2.2131.

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A Limited Liability Company is a legal entity which is expressly recognized by law as a legal entity which is a legal subject. The main need for an authentic deed in the business sector is the deed of a limited liability company (PT) legal entity. This study aims to analyze and understand the policies related to obtaining business licenses for limited liability companies in the online single submission system in Indonesia and legal protection for limited liability companies in obtaining business licenses through online single submission in accordance with applicable laws and regulations. The m

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Wijaya, Wilson, and Siti Nurbaiti. "TANGGUNG JAWAB DIREKSI ATAS PERBUATAN YANG DILAKUKAN OLEH DIREKTUR OPERASIONAL PADA SUATU PERSEROAN TERBATAS (STUDI KASUS PUTUSAN MAHKAMAH AGUNG RI NOMOR 294 K/PID.SUS/2018." Tribuere 1, no. 2 (2023): 223–34. http://dx.doi.org/10.25105/tribuere.v1i2.20111.

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A Limited Liability Company is a legal entity which is a capital partnership, in the process it is established based on an agreement, which conducts business activities with an authorized capital which is entirely divided into shares and fulfills the requirements stipulated by Law Number 40 of 2007 concerning Limited Liability Companies (UU PT). The management of the company by the directors does not only refer to what has been regulated in the Company Law but must also be guided by the company's articles of association. Management of the company by the directors must be based on good faith. I

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Andriyanto, Fendy Ridwan, Muhammad Rustamaji, and Hari Purwadi. "Notary Criminal Liability on the Fictional General Meeting of Shareholders (Gms) Deed." International Academic Journal of Law 3, no. 02 (2022): 6–14. http://dx.doi.org/10.47310/iajl.2022.v03i02.002.

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This study aims to examine and analyze the responsibility of the Notary to the Fictitious General Meeting of Shareholders (GMS) which was made not in accordance with the existing legal rules. This research is a normative legal research that is descriptive in nature with a statutory approach and a case approach. The sources of legal materials used are primary legal materials and secondary legal materials. The results of this study are based on Decision Number 69/Pid.B/2016/PN.Plk the judge gave his legal considerations by stating that the notary or the defendant had violated Article 266 paragra

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Salam, Ahmad Muhammad, Sri Rokhyati, and Tetti Samosir. "Legal Protection of Third Parties in Problematic Notarial Deeds Based on Law No. 2 of 2014 and the Civil Code." JURNAL AKTA 12, no. 2 (2025): 620. https://doi.org/10.30659/akta.v12i2.45309.

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This study aims to analyze the form of legal protection for third parties in problematic notarial deeds and to examine the extent of the notary's responsibility if the deed causes losses to parties other than the parties who appear directly. This problem is important to study considering that notarial deeds have perfect evidentiary power and can have broad legal consequences, including for third parties who are not directly involved in making them. The method used in this study is the normative legal method with a statutory approach and a case approach. Data were obtained through a literature

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Sastradinata, Dhevi Nayasari, Ja'far Shodiq, and Syahrul Hikmah Maulana. "Criminal Liability in Cases of Counterfeiting Excise Stamps under Indonesian Excise Law." Jurnal Independent 13, no. 1 (2025): 95–102. https://doi.org/10.30736/ji.v13i1.375.

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Criminal acts in the field of excise in this case are closely related to counterfeiting excise stamps which will have an impact on two sides, namely affecting state revenue and damaging the social system. In addition, the Criminal Act of counterfeiting excise stamps is a special criminal act regulated in Law Number 39 of 2007 concerning Amendments to Law Number 11 of 1995 concerning Excise. The formulation of the problem in writing this law is how to investigate counterfeiting excise stamps and apply criminal sanctions to counterfeiting excise stamps according to Law Number 39 of 2007 concerni

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Hayyi, Muhammad Akram Syarif, Muhammad Said Karim, and Aminuddin Ilmar. "Urgensi Penerapan Doktrin Business Judgment Rule terhadap Direksi BUMN dalam Perkara Tindak Pidana Korupsi." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 6, no. 1 (2021): 72. http://dx.doi.org/10.17977/um019v6i1p72-81.

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The objective of this study was to hold directors accountable for company losses, the existence of business judgment rule in positive law, and the application of Business Judgment Rule as Legal Protection of the Board of Directors in Corruption Cases. The data obtained was presented analytically descriptively where the facts were described and later analyzed based on the laws and rules applicable in Indonesia as well as the theories. The accountability of the directors of State-Owned Enterprises for the company’s losses could be classified as acts that harm the state’s finances that include ad

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Laning, Marthen Lazarus, Anak Agung Sagung Laksmi Dewi, and Luh Putu Suryani. "Perlindungan Hukum Terhadap Pekerja Toko Karpet di Desa Adat Seminyak (Studi Kasus di Crown Carpets)." Jurnal Analogi Hukum 6, no. 1 (2024): 121–27. http://dx.doi.org/10.22225/jah.6.1.2024.121-127.

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Legal protection and liability are important parts of employment. The Indonesian government creates jobs with legal protection for workers based on Pancasila and the 1945 Constitution. The omnibus law version of the Manpower Law explains the protection of workers in realizing welfare. The case study is located at Crown Carpets in Seminyak Traditional Village, Bali. Empirical legal research method with a focus on collecting data directly from the field through observation and interviews. The main source of data comes from employees at Crown Carpets and the owner of the company provides informat

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KOSOWSKI, JAKUB. "Professionalization of management in sports vis-a-vis the liability of management board members for the obligations of a sports club." Baltic Journal of Health and Physical Activity Supplement 1, no. 1 (2020): 1–10. http://dx.doi.org/10.29359/bjhpa.2020.suppl.1.01.

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Background: ‪The paper addresses one of the key issues relating to operations of sports entities, i.e. the liability for the obligations of the management board members. The aim is a comprehensive analysis of the legal basis of this subject, with abundant case-law in this matter taken into account. Material and methods: ‪The study is based on different criteria of the creation of the obligations of sports clubs, which entails a very high degree of complexity and multiplicity of legal rules relating to the problem in question. Taking these criteria into account, an analysis of the views present

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Najemi, Andi, and Kabib Nawawi. "CRIMINAL LIABILITY OF ROAD ORGANIZERS IN THE PERSPECTIVE OF LAW NUMBER 22 YEAR 2009 CONCERNING TRAFFIC AND ROAD TRANSPORTATION." Berumpun: International Journal of Social, Politics, and Humanities 3, no. 2 (2020): 102–12. http://dx.doi.org/10.33019/berumpun.v3i2.39.

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The specific goal of this research is to know and analyze the provisions of norms or legal norms relating to the criminal liability of road organizers from the dogmatic aspects of the law and legal principles. Since there is a norm vacuum of Law Number 22 Year 2009 concerning Traffic and Road Transportation, if the road organizer does not exercise its authority, it will result in a criminal offense then this law cannot be implemented or impaired. The statement of the problem in this research is how criminal liability of the Road Organizers and Road Transportation according to Law Number 22 Yea

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Panggabean, Azra, Martono Anggusti, and Ria Siregar. "Liability of Indonesian Airlines for Refunds Due to Flight Cancellations Under Consumer Protection Law." Indonesian Journal of Law and Justice 2, no. 3 (2025): 7. https://doi.org/10.47134/ijlj.v2i3.3666.

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Flight cancellations often cause losses to consumers, both materially and immaterially, and cause uncertainty about the rights and amount of compensation in accordance with the regulations. This study aims to analyze the liability of Indonesian airlines in flight cancellations based on consumer protection regulations and the suitability of the airline's internal policies with applicable regulations. The method used is normative juridical research with a literature study approach. Primary legal materials include Consumer Protection Law No. 8 of 1999, Law No. 1 of 2009 concerning Aviation, as we

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Rr. Dijan Widijowati. "A Comparative Study Of Principle Of Guilt In The Provision Of Indonesian And English Criminal Law." KRTHA BHAYANGKARA 18, no. 3 (2024): 559–68. https://doi.org/10.31599/krtha.v18i3.3302.

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The principle of guilt is universally recognized by worldwide nations as the absolute basis of a sentenced person. Principle of No Crime without Guilt or Principle of Guilt contains an understanding that any person committing an action, which contradicts with applicable criminal law, can be sentenced due to the absence of guilt in his/her actions. The principle of no crime without guilt is closely related to principle of legality, stating that there is no crime without previous arrangement. It means that the element of guilt can be attached if there are available regulations stipulating that t

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Anggraeni, Elvira Puspa, and Ahmad Mahyani. "NOODWEER DAN NOODWEER EXCES TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN." Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 2, no. 1 (2022): 383–94. http://dx.doi.org/10.53363/bureau.v2i1.140.

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As a state of law, Indonesia is obliged to implement everything based on the applicable rules. No exception related to criminal acts, mistakes and also liability in accordance with applicable law. The material truth that is the value of a trial process will correlate with a person's criminal responsibility. One of them is in the case with Decision Number: 867/Pid.B/2021/PN.Jkt.Sel on behalf of the Defendant Fikri Ramadhan, who committed the murder of four FPI members in order to carry out his duties as members of the police. In order to look further into this case, the researcher formulates th

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Hapsari, Dinda Laras, Ira Alia Maerani, and Widhi Handoko. "The Electronic Integrated Credit Agreement & Liability Registration Process." Sultan Agung Notary Law Review 4, no. 1 (2022): 229. http://dx.doi.org/10.30659/sanlar.4.1.229-240.

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The implementation of the imposition of Mortgage Rights in a credit agreement aims to provide legal certainty and protection for all parties in utilizing land and objects related to land as credit guarantees in accordance with applicable legal regulations. In the current digital era, the Mortgage registration system has changed from conventional to electronic which is applied simultaneously without going through a transition period and adequate socialization, causing obstacles in the process. This study used a sociological juridical approach. The sociology of law approach was an approach that

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Monastyrsky, Yuri E. "Comparative analysis of the legislative prerequisites for civil liability in Russia and China." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 45 (2022): 203–15. http://dx.doi.org/10.17223/22253513/45/14.

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The paper compares the legislative regulation of property liability in the form of compensation for losses in the Russian Federation and in a state with the largest economy, rapid development rates, and a giant population neighboring the Siberian region of our country - China. The logic of historical evolution predetermined a detailed consideration of each other's experience in state building and the implementation of long-term development plans. In the legal field, both legal systems are based on the concept of codified law and are being improved through the adoption of normative acts. The in

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Pavlova, Olga G., and Olga V. Moiseeva. "PROBLEMS OF COMPENSATION FOR MORAL DAMAGE IN FAMILY LAW OF THE RUSSIAN FEDERATION." Vestnik of Kostroma State University 30, no. 1 (2024): 251–57. http://dx.doi.org/10.34216/1998-0817-2024-30-1-251-257.

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The Family Code of the Russian Federation fixes the personal rights of spouses, non-property rights of children, parents, and other family members, but provides for the possibility of compensation for moral damage only to a conscientious spouse when a marriage is declared invalid. The issue of using the institution of compensation for moral damage in family legal relations is controversial and is currently supported only by doctrine. An analysis of judicial practice shows that courts do not agree with the possibility of compensation for moral damage in cases of violation of family rights. The

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Sidi, Redyanto, Kharmaedisyah Putra, and Mirza Kesuma. "Criminal Liability against a Doctor Who Does Not Have a License Practices in Providing Health Services." International Journal of Research and Review 8, no. 12 (2021): 293–300. http://dx.doi.org/10.52403/ijrr.20211236.

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Doctors and medical personnel who perform the activities of the medical service must have permission practices of the country in accordance with applicable regulations, and the provision of medical services must be in accordance with the authority of the medical profession. Doctors who perform the activities of health services must have a Letter of Permission Practices of the government in accordance with the regulations in force, in the conduct of health services should be based on the competency of medicine. If in providing health deviate from the rules that have been specified then it will

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Aflinda, Devi Evany, Sufirman Rahman, and Hardianto Djanggih. "CRIMINAL LIABILITY AGAINST PERSONS OF AUTHENTIC DEED FORGERY (Study Decision Number: 1611/Pid.B/2014/Pn.Mks)." IBLAM LAW REVIEW 4, no. 1 (2024): 324–38. http://dx.doi.org/10.52249/ilr.v4i1.288.

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This research aims to (1) determine and analyze the forms of criminal responsibility and legal considerations of judges regarding the forgery of authentic deeds based on false statements in Makassar District Court Decision Number: 1611/Pid.B/2014/PN.Mks. (2) knowing and analyzing the legal consequences arising from authentic deeds that are based on false information. This research was conducted in Makassar, South Sulawesi Province, specifically at the Makassar District Court. This research was carried out by taking data from copies of decisions regarding the criminal act of ordering to place f

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Tasya, Amalia. "The Impact of Error in Persona: Liability of Police Investigators in Cases of Wrongful Arrests." Journal of Strafvordering Indonesian 1, no. 3 (2025): 29–33. https://doi.org/10.62872/mswar557.

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Errors in arrest, known as "errors in persona," are one of the fundamental problems in the criminal justice system that demands serious attention. This phenomenon not only reflects the failure of law enforcement officials to carry out their duties, but also raises various adverse implications, both for individuals who are victims of wrongful arrest and for public trust in the integrity of the legal system. In a country of law that prioritizes the principles of justice and legal certainty, errors in arrest are serious challenges that can injure these basic principles. Police investigators, as o

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Nani Widya Sari, Oksidelfa Yanto, Suhendar, Samuel Soewita, and Henny Nuraeny. "Criminal Responsibility of Corporations in Criminal Acts of Corruption." IJOLARES : Indonesian Journal of Law Research 3, no. 1 (2025): 25–33. https://doi.org/10.60153/ijolares.v3i1.122.

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At this time, the existence of corporations is felt to be increasingly important and strategic, in addition to being able to help turn the wheels of the economy, corporations have also reached almost all spheres of life. Corporations do not only carry out activities that aim to achieve their goals based on the provisions of the laws and regulations that govern them but in certain cases, many corporations commit criminal acts of corruption. Corruption is developing in various sectors, including state-owned companies. The purpose of this study is to determine the criminal liability of corporatio

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adhi, I. Dewa Gede Pramana, I. Nnyoman Gede Sugiartha, and I. Made Minggu Widyantara. "Pertanggungjawaban terhadap Tindak Pidana Penyelundupan Sepeda Motor Harley oleh Direktur PT. Garuda Indonesia." Jurnal Konstruksi Hukum 2, no. 3 (2021): 500–504. http://dx.doi.org/10.22225/jkh.2.3.3651.500-504.

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Indonesia is a developing country where each region has its own natural wealth. This advantage cannot be used because there are many people who send out of the region without permission and vice versa, goods from outside countries are smuggled into Indonesia only to avoid the applicable taxes. This study aims to examine the regulation of smuggling in criminal law in Indonesia and reveal the responsibility of the director of PT. Garuda Indonesia, which carried out the act of smuggling luxury motorcycles. This research is a type of normative legal research conducted with research methods based o

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Irawan, Wendy, Jelly Nasseri, and Felicitas Sri Marniati. "KEPASTIAN HUKUM AKTA PERJANJIAN TERKAIT PINJAM NAMA (NOMINEE) OLEH WARGA NEGARA ASING (WNA) DALAM JUAL BELI TANAH MENURUT UNDANGUNDANG POKOK AGRARIA." SENTRI: Jurnal Riset Ilmiah 3, no. 6 (2024): 2629–37. http://dx.doi.org/10.55681/sentri.v3i6.2883.

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Nominee agreements in buying and selling freehold land are prohibited according to applicable law. The phenomenon that occurs in society is that nominee agreements are still used by foreign citizens in buying and selling land. The formulation of the problem in this research is the legal consequences of a deed of agreement to borrow a name in the sale and purchase of land by a foreign citizen and what is the legal certainty of the deed of agreement regarding the borrowing of a name (nominee) by a foreign citizen (WNA) in the sale and purchase of land according to the Basic Agrarian Law. The leg

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Fathanah, Putri, Sukmareni, and Yenny Fitri Z. "Pertanggungjawaban Pidana Terhadap Pelanggaran Standar Operasional Prosedur Pada Proses Penangkapan." Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam 8, no. 2 (2023): 132–51. http://dx.doi.org/10.32505/legalite.v8i2.6848.

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In carrying out the task of arresting the existence of standard operating procedures, with the existence of standard operating procedures, it can build a methodical, deliberate, measurable, and representable framework according to the legal basis that guides it. In its implementation, there are many violations regarding standard operating procedures. One example is in the case of arrests that do not meet the standard procedures, and if the standard operating procedures are violated, then of course there is accountability that must be carried out. The results of this study aim to determine what

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Pastukh, Igor. "DIRECTIONS OF IMPROVEMENT OF LEGAL REGULATION OF ADMINISTRATIVE RESPONSIBILITY FOR DRIVING OF VEHICLES IN THE STATE OF INTOXICATION." Administrative law and process, no. 2(37) (2022): 74–85. http://dx.doi.org/10.17721/2227-796x.2022.2.06.

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The purpose of the article is to consider the current state and identify areas for improving the legal regulation of administrative liability for driving while intoxicated under martial law. Based on the provisions of current legislation, achievements of the science of administrative law, it considers the provisions of three draft laws of Ukraine, which amend the Code of Ukraine on Administrative Offenses to strengthen liability for driving under the influence of alcohol, drugs or other intoxicants martial law. A number of research methods are used, due to its purpose and objectives. Statistic

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Kravchuk, Aleksey A. "Limited liability and mechanisms for ignoring it in the legal orders of the Russian Federation and the United States of America." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 54 (2024): 111–33. https://doi.org/10.17223/22253513/54/7.

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Modern corporate law, as well as the phenomenon of corporation itself, are unthinkable in isolation from the limited liability institution. It should be recognized that the current level of the global economy development has been achieved precisely thanks to the adoption of this institution, which gave rise to the development of a corporate model of business process management. However, the limited liability of investors often leads to the abuse of this right, that is performed by using a legal entity structure for illegal purposes. The legal systems of various states have developed methods to

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Vladimirov, Nikolay N. "Issues of responsibility in the field of land lease agreement under the legislation of the Russian Federation." Oeconomia et Jus, no. 2 (June 25, 2025): 71–81. https://doi.org/10.47026/2499-9636-2025-2-71-81.

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Liability issues in the field of land lease agreements are relevant, since the rights of land tenants can often change due to restrictions imposed by current legislation, both federal and regional. The existing problems affect to a greater extent the interests of participants in land relations, who, by their legal status, largely have preferential rights to use and manage the land. The possibility of using land under tenancy creates priority guarantees of temporary ownership, but excluding the rights to manage the land, which belong exclusively to the land owner. A properly executed land lease

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Dea Putri Aprilian and Yeti Sumiati. "Pertanggungjawaban Perdata Lingkungan Hidup PT. KCIC yang Mengakibatkan Kerugian di Desa Mekarsari, Kabupaten Bandung Barat." Bandung Conference Series: Law Studies 5, no. 1 (2025): 349–56. https://doi.org/10.29313/bcsls.v5i1.16056.

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Abstract. Transportation is one of the most important infrastructures needed by the community to support all daily activities. The development of transportation infrastructure that is currently being touted as the fastest mode of transportation is the Indonesia-China Fast Train (KCIC). The development of KCIC has left behind various environmental problems such as pollution, dust, noise, and even inviting flooding to local residents. In fact, ideally, development should be able to pay attention to the impact on the surrounding environment. So this study aims to determine the environmental civil

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Agustini, Sri. "TINJAUAN YURIDIS PERSEROAN TERBATAS DAN RAPAT UMUM PEMEGANG SAHAM." Ensiklopedia of Journal 4, no. 3 (2022): 37–44. http://dx.doi.org/10.33559/eoj.v4i3.956.

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One thing that must be ascertained is whether the debt transaction for renting the house is carried out on behalf of the Limited Company (PT) in question or not. The problem you are asking is easier to understand if the context of the answer to that question is that the transaction is carried out on behalf of PT. Taking into account the above, it is likely that the transaction is a transaction relating to the facilities of the members of the Board of Directors and the Board of Commissioners. By taking into account the context on behalf of the PT, the legitimacy of the above transactions does n

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Faeh, Andrea. "Environmental Liability in Switzerland- Selected Aspects." Journal for European Environmental & Planning Law 4, no. 3 (2007): 227–32. http://dx.doi.org/10.1163/187601007x00235.

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AbstractThe Swiss environmental liability system is based on several provisions in a range of public and civil law statutes. This contribution focuses on the Swiss Environmental Protection Act (EPA) and its central liability provisions. Furthermore, these findings will be compared to other Swiss liability provisions which may also be applicable to environmental damage, followed by a brief discussion on the postponed proposal of a uniform liability system. After an overview of the relevant international agreements, the article will close with a comparison between the Swiss regime and the Direct

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Aisyah, Siti, Anis Mashdurohatun, Jawade Hafidz, and Isnawati Isnawati. "The Reconstruction of Collateral Rights Guarantee Regulations in Musyarakah Financing Products in Sharia Banking Based on Justice Values." International Journal of Social Science Research and Review 8, no. 7 (2025): 122–32. https://doi.org/10.47814/ijssrr.v8i7.2719.

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Product Islamic Musyarakah Banking consists of Musyarakah and Musyarakah Mutanaqishah. The purpose of this study: 1) analyze regulation guarantees right liability on product financing musyarakah has not based on mark justice; 2) analyze weaknesses regulation guarantees right liability on product financing musyarakah; 3) reconstruct regulation guarantees right liability on product financing musyarakah in sharia-based banking mark justice. Research methods use paradigm constructivism, with socio-legal research, and types study descriptive. Types and sources of data used material secondary in the

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Nashruddien Ms, Ibnu Aburizal, Sari Mandiana, and Jusup Jacobus Setyabudhi. "Corporate Criminal Law Liability in Corruption Crimes Based on Perma RI Number 13 of 2016." Jurnal Indonesia Sosial Teknologi 5, no. 7 (2024): 3402–11. http://dx.doi.org/10.59141/jist.v5i7.1229.

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In Indonesian law, both individuals and legal entities such as corporations are recognized as legal subjects. Corporations, which are governed by civil law, are now increasingly associated with crime, particularly Corporate Crime. Although initially disputed, it is now accepted that legal entities can be involved in criminal acts and that corporations should be held accountable for their unlawful actions. Corporate Crime encompasses situations where corporations break the law for their benefit, often in disregard of applicable regulations and norms. This development marks a shift in criminal l

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Gliniecki, Bartłomiej. "The Duty of Care in Company Law in Poland." AUC IURIDICA 68, no. 3 (2022): 63–74. http://dx.doi.org/10.14712/23366478.2022.36.

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The liability of directors for failure to perform their duties in a lawful manner is based on general rules of civil liability, however with some modifications making it suitable for corporate application. The duty of care is considered as one of the major directives that must be followed by directors while executing their corporate duties. Polish company law provides for similar rules of directors’ liability for violating duty of care in all types of companies. Over the last two decades, many judgements and authors have strived to determine the content of the duty of care and identify rules t

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Nemțoi, Gabriela, and Ciprian Gabriel Ungureanu. "Tortious Civil Liability in Environmental Law." European Journal of Law and Public Administration 8, no. 2 (2021): 26–34. http://dx.doi.org/10.18662/eljpa/8.2/157.

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Tort liability consists in the obligation of the one who has committed an injury to indemnify the injured party. Tort liability is a legal operation which, according to the Civil Code, when an unlawful act causing damage is committed, the reverse means compensating the injured party. In the case of the environment, the one who harms is not always sanctioned, so in the case of this issue the legislator has developed a rather broad legislative framework. The common law has become applicable in the field of the environment based on the provisions of art. 135 para. (2) lit. e) of the Constitution,

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Yusbashyan, M. R. "Ugent International Legal Issues of Settling Disputes in the Field of Space Activities." Journal of Law and Administration, no. 2 (October 26, 2018): 48–59. http://dx.doi.org/10.24833/2073-8420-2018-2-47-48-59.

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Introduction.International space law (“ISL”) does not provide a specialized coherent system of dispute settlement (“SCSDS”). Up to now the absence of such a system has had no negative impact on development of either ISL, or space activity (“SA”), however this fact does not exclude the necessity of elaboration of SCSDS. The article analyzes factors potentially influencing increase in the number of space related disputes, methods of “risk management” of occurrence of disputes, as well as existing general and sectoral dispute resolution mechanisms applicable to space activities within the conte

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Özsunay, Ergun. "Medical Liability and Liability of Health Institutions in Turkish Law." European Journal of Health Law 14, no. 4 (2007): 355–67. http://dx.doi.org/10.1163/092902707x261294.

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AbstractThis article deals with medical liability of doctors and health institutions under Turkish law. Medical liability is based usually on a medical treatment agreement. This agreement is qualified as "mandate" (Auftrag). Under this agreement doctors are obliged to carry out medical intervention and treatment in accordance with professional standards. Informed consent is a prerequisite for all medical interventions. Treatment without patient's informed consent is a ground of liability. As regards treatment in hospitals medical treatment agreement is concluded between patient and hospital ma

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Paramadani, Salsabila. "TINJAUAN HUKUM PEMBUBARAN PERSEROAN TERBATAS (PT) BERDASARKAN KEPUTUSAN RAPAT UMUM PEMEGANG SAHAM (RUPS) SESUAI KETENTUAN HUKUM NEGARA INDONESIA DAN HUKUM NEGARA MALAYSIA." Realism: Law Review 1, no. 1 (2023): 37–57. https://doi.org/10.71250/rlr.v1i1.5.

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Dissolution of a limited liability company (LLC) can be carried out in several ways, including based on a decision from the General Meeting of Shareholders (GMS) or in accordance with a court decision. The dissolution of a limited liability company also relies heavily on the actions of the GMS which is the highest organ in a limited liability company in making company decisions that will determine the directors in taking the direction of the company's policy in carrying out the dissolution of the company, this is because the directors are still bound and bear legal consequences if the mechanis

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van Zelst, Bas, and D. L. Van Besouw. "Private International Law Aspects of Arbitrator Liability: A European Perspective Post-Brexit." Journal of International Arbitration 38, Issue 6 (2021): 723–60. http://dx.doi.org/10.54648/joia2021034.

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This article investigates how various private international law (PIL) instruments relevant in the European context, post-Brexit, deal with questions of jurisdiction, applicable substantive law, and recognition and enforcement pertaining to the contractual liability of arbitrators. Based on an analysis of applicable European Union (EU) case law and the drafting history of, amongst others, the Brussels I (Recast) Regulation and its predecessors, it submits that that the exclusions included in such Regulation with regard to arbitration proceedings do not apply to the Arbitration Contract between

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Hanafi Pasaribu, Yusuf, and Riswan Munthe. "CRIMINAL LIABILITY AGAINST PERPETRATORS OF DEFAMATION." Focus Hukum UPMI 1, no. 1 (2024): 58–66. http://dx.doi.org/10.55751/jfhu.v1i1.72.

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Criminal responsibility is the application of law to the perpetrator of a criminal offense for an act that is contrary to the applicable rules of law. Defamation itself is a crime against a person's honor because it is related to insults that result in the defamation of another person's name. This research aims to provide an understanding related to the criminal liability of the perpetrator of defamation This type of research uses the Normative Legal Research method, namely research conducted with a starting point from primary data obtained at the research site. The responsibility is imposed i

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Dharsana, I. Made Pria, Indrasari Kresnadjaja, I Gusti Agung Jordi, and I Putu Lingga Dhananjaya. "RESPONSIBILITY OF THE BOARD OF DIRECTORS ON IMPLEMENTATION OF COMPANY WHEN CONFLICT WITH COMMISSIONERS." Journal Equity of Law and Governance 1, no. 2 (2021): 89–94. http://dx.doi.org/10.55637/elg.1.2.3852.89-94.

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Limited Liability Company hereinafter referred to as Company is a legal entity which is a capital partnership. It is established based on an agreement to conduct a business activities with authorized capital. This is entirely divided into shares or individual legal entities which all meet the criteria for Micro and meet the requirements set out in The Law on Limited Liability Companies and its implementing regulations (Law Number 11 of 2020 regarding Job Creation) which changes several definitions of Limited Liability Companies as regulated in Law Number 40 of 2007 (hereinafter referred to as

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Anggriani, Reni. "What responsibilities does the limited liability business have to the environment?" E3S Web of Conferences 440 (2023): 04002. http://dx.doi.org/10.1051/e3sconf/202344004002.

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Economic development is very dependent on the parties involved in implementing the economy. Accordingly, the state is needed as a regulator or constitution maker in a country. An effort to the economic development of the community is through business. One of the business forms chosen by the community with a legal entity is a Limited Liability Company, which is regulated in Law Number 40 of 2007 concerning Limited Liability Companies. In running its business, a Limited Liability Company does not only think about the benefits of a Limited Liability Company but also must pay attention to the surr

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Sari, Riski Diana, Prija Djatmika, and Endang Sri Kawuryan. "Criminal Liability of a Notary for Violation of The Principle of Precaution." International Journal of Business, Law, and Education 5, no. 2 (2024): 1848–61. http://dx.doi.org/10.56442/ijble.v5i2.748.

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Notary Public own authority in matter making deed authentic so notaries also have responsibility on deed in making something deed authentic. Notary Public required always Act in a way Be careful in making deed, must research all true and relevant facts based on applicable laws. However sometimes in room scope There is also a notary rules-based habits that don't contained in the Law Position Applicable notary, p is executed based on law habit like one authority Notary Public that is in make cover note. So far This Notary Public make cover note only based on law habit Because no exists umbrella

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Buzescu, Gheorghe. "Liability of civil servants." Eximia 13 (December 5, 2024): 974–89. https://doi.org/10.47577/eximia.v13i1.517.

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This study of the liability of civil servants aims to analyze the applicable regulations and principles in order to clarify the notions that constitute this system for the proper performance of public administration activities, as well as the appropriate behavior of those administered. Public administration, from a material point of view, is achieved through a multitude of organizational forms, which make up the public administration system. This system is linked, functionally and organizationally, to the legislative power and the executive power. As an activity, public administration represen

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Sahran Hadziq and Gatot Sugiharto. "Vicarious Liability Dalam KUHP Nasional Dikaji dari Perspektif Living Law di Yogyakarta." Lex Renaissance 9, no. 1 (2024): 134–56. http://dx.doi.org/10.20885/jlr.vol9.iss1.art7.

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The National Criminal Code as the brand-new Indonesian criminal law’s face provides several fundamental changes, including provisions on the principle of material legality and vicarious liability. The principle of material legality provides space for living law to be the basis for the implementation of criminal law, including in determining criminal liability. Vicarious liability is a form of criminal liability that eliminates mistakes and is interpreted as substitute liability, namely that everyone can be held accountable for the actions of others. The perspective of living law is essentially

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Pratama, Ida Bagus Putra, and I. Made Dedy Priyanto. "Kepastian Hukum Jumlah Modal Dasar Pendirian Perseroan Terbatas Setelah Berlakunya PP Perubahan Modal Dasar Perseroan Terbatas." Acta Comitas 5, no. 2 (2020): 340. http://dx.doi.org/10.24843/ac.2020.v05.i02.p11.

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Research on legal certainty the amount of basic capital establishment of limited liability company based on the norms of conflict between article 32 paragraph (1) of the limted liability company law concerning "the limited liability company capital of at least Rp 50,000,000.00" with article 1 paragraph (3) of government regulations The limited liability of the company's capital of limited liability concerning "the founding capital of the company is determined by agreement”. 2 problem are formulated: (1) What is the form for deposit of stock capital on the provisions of article 33 of the limite

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Ferreira, Nuno. "Putting the Age of Criminal and Tort Liability into Context: A Dialogue between Law and Psychology." International Journal of Children's Rights 16, no. 1 (2008): 29–54. http://dx.doi.org/10.1163/092755608x267157.

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AbstractThe concepts of 'liability age' and 'capacity responsibility' have been widely dissected by researchers in various fields. However, their application to both criminal and tort liability of children remains inconsistent. Furthermore, rarely has an interdisciplinary approach adequately dealt with these concepts and their impact on legal norms. This text investigates the notion of criminal and tort liability age in connection with the notion of capacity responsibility, in relation to children, and further questions the adequacy of the relevant legal norms. This endeavour to improve the ap

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Ghambaryan, A. S. "THE DEVELOPMENT OF LAW CONTRA LEGEM BASED ON THE LEGAL MAXIM ‘THE LAW NEVER REQUIRES IMPOSSIBILITIES’." Вестник Пермского университета. Юридические науки, no. 4 (62) (2023): 552–67. http://dx.doi.org/10.17072/1995-4190-2023-62-552-567.

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Introduction: the article is devoted to the issues of releasing a person from liability or from per-forming an obligation contrary to the law on the basis of the legal maxim ‘lex non cogit ad impossibilia’ (the law never requires impossibilities). Purpose: to show that the maxim ‘lex non cogit ad impossibilia’ is applicable not only in private but also in public law. It allows the law enforcer to act contrary to the law in a situation of impossibility. Methods: comparison, description, interpretation; theoretical methods offormal and dialectical logic; special scientific methods such as legal-

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Monaco, Paola. "Liability for negligently issued anti-mafia certificates." Journal of Financial Crime 25, no. 1 (2018): 210–17. http://dx.doi.org/10.1108/jfc-10-2016-0066.

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Purpose This paper aims to analyse the different forms of liability that might apply under Italian private law to anti-mafia advisors who negligently perform their duties, with particular regards to auditors concerning the drafting of mandatory anti-mafia certificates as bidding documents for public procurement contracts. Design/methodology/approach The analysis is based on the comparative law methodology of dissociation of “legal formants”, that is, on the study of separate contributions by each element of the legal system – from black-letter provisions to judicial dicta, from scholars’ argum

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JOURDAIN, PATRICE. "THE PRICIPLES OF CIVIL LIABILITY (finale)." Civil Law Review 22, no. 1 (2022): 200–229. http://dx.doi.org/10.24031/1992-2043-2022-22-1-200-229.

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The French law of obligations has been undergoing significant changes in the recent years. The French contract law reform came to the end in 2018. The next set of the changes relates to the civil liability issues. A translation of a book written by one of the key French authors in this field, which translation is proposed to divide into several parts and to so make it available for the Russian legal professional community, helps to better explore the material and to clearer understand the main principles which the French approach on the fundamental problems of the civil law liability is based

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JOURDAIN, PATRICE. "The Principles of Civil Liability (continuation)." Civil Law Review 21, no. 6 (2022): 154–93. http://dx.doi.org/10.24031/1992-2043-2021-21-6-154-193.

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The French law of obligations has been undergoing significant changes in the recent years. The French contract law reform came to the end in 2018. The next set of the changes relates to the civil liability issues. A translation of a book written by one of the key French authors in this field, which translation is proposed to divide into several parts and to so make it available for the Russian legal professional community, helps to better explore the material and to clearer understand the main principles which the French approach on the fundamental problems of the civil law liability is based

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