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Journal articles on the topic 'Recipient liability'
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1
Conaglen, Matthew, and Richard Nolan. "RECIPIENT LIABILITY IN EQUITY." Cambridge Law Journal 66, no. 3 (2007): 515–17. http://dx.doi.org/10.1017/s0008197307000888.
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Diane Zaini, Zulfi, and Rudi Irawan. "Liability Of Criminal Actions Transfering Objects Of Fiduciary Security Without Approval From The Fiduciary Recipient." Jurnal Gagasan Hukum 4, no. 01 (2022): 62–70. http://dx.doi.org/10.31849/jgh.v4i01.8656.
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The presence of various consumer finance institutions has contributed greatly to the economic development of the community, especially people who have difficulty dealing with banks. The purpose of the research is to find out, understand and analyze the factors that cause the perpetrator to commit a crime, the criminal responsibility of the perpetrator of a crime and the basis for the judge's consideration in imposing a sentence against the perpetrator of a crime. The research method used is normative empirical. The ownership rights to the fiduciary collateral have been transferred to the fiduciary recipient creditor, so that the person concerned is the perfect owner of the fiduciary collateral object. In order to protect the interests of the fiduciary recipient creditor if the fiduciary recipient debtor defaults, the fiduciary recipient creditor automatically has the authority to sell the object of the fiduciary guarantee through a public auction or privately.
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Meier, Sonja. "MISTAKEN PAYMENTS IN THREE-PARTY SITUATIONS: A GERMAN VIEW OF ENGLISH LAW." Cambridge Law Journal 58, no. 3 (1999): 567–603. http://dx.doi.org/10.1017/s0008197399003050.
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ACCORDING to the English law of restitution, a payment under a mistake of fact can usually be recovered from the recipient, at least if the mistake is a liability mistake or “fundamental”.1 In three-party situations the situation therefore seems to be straight-forward: independently of the relationship of each of the three parties to each other, the plaintiff is the payer and the defendant is the recipient. However, a closer look into the case law and literature reveals that there are problems.
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Ngiode, Syafrin, and Alfian Erwinsyah. "KEEFEKTIFAN PROGRAM INDONESIA PINTAR DI MADRASAH KABUPATEN GORONTALO." AL-TANZIM: Jurnal Manajemen Pendidikan Islam 4, no. 1 (2020): 48–58. http://dx.doi.org/10.33650/al-tanzim.v4i1.987.
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This study aims to determine the effectiveness of the Smart Indonesia Program (PIP) in madrasah, Gorontalo District, Gorontalo Province. This research uses mixed methods. Data collection techniques carried out through observation, interviews, questionnaires, and documentation. The data analysis technique is done in stages, starting from editing, coding tabulating, scoring to drawing conclusions. The results showed that: Input component score is 87 (effective), consisting of guidelines book, objectives, program objectives, PIP recipient requirements, student allocation, fund amount, determination of prospective students receiving assistance, submission of PIP recipients, PIP program funds distribution and withdrawal, realization of PIP disbursement and reporting, are considered effective, because their implementation refers to the technical guidelines for the implementation of the Smart Indonesia Program in madrasah. Output component score of 90 (effective). The indicators on the use of funds are considered effective, because students have used them well to meet their educational needs. The PIP recipient's liability indicator is in the effective category, because in PIP acceptance, madrasah students have an obligation to report the value of their semester results, PIP will be canceled if the requirements are not met.
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FOX, DAVID. "CONSTRUCTIVE NOTICE AND KNOWING RECEIPT: AN ECONOMIC ANALYSIS." Cambridge Law Journal 57, no. 2 (1998): 391–405. http://dx.doi.org/10.1017/s0008197398000087.
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This article attempts an economic analysis of the policy formulated in Manchester Trust v Furness that constructive notice should not be made the basis of liability arising out of commercial transactions. It concentrates on instances of equitable liability for ”knowing receipt“ where the defendant is required to give restitution of funds which it received in breach of fiduciary duty. The article investigates the social costs of imposing a duty of inquiry on a person receiving misappropriated money in a commercial transaction. It concludes that there are strong economic reasons why a commercial recipient of money should not owe the same rigorous duties of inquiry commonly imposed in conveyancing transactions. However, once the standard of inquiry is adjusted to take into the exigencies of commercial dealings, there are no compelling economic reasons why constructive notice should be rejected as a possible basis of liability in knowing receipt.
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Tham, Chee Ho. "UNJUST ENRICHMENT AND UNLAWFUL DIVIDENDS: A STEP TOO FAR?" Cambridge Law Journal 64, no. 1 (2005): 177–211. http://dx.doi.org/10.1017/s0008197305006835.
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UNTIL recently, it was widely accepted that a recipient of company distributions such as dividends paid in breach of the requirements of the Companies Act 1985 (“the Act”) could only be made to repay such distributions if he knew of the illegality. Whether one looked to the Act (to wit, section 277) or beyond (to the “knowing receipt”-type liability encountered in Precision Dippings Ltd. v. Precision Dippings Marketing Ltd.), liability required knowledge. In Bairstow v. Queen’s Moat House plc, however, there appears to be the faintest of suggestions that this position may be open for re-examination. This is reinforced by Lord Nicholls’ recent speech in Criterion Properties Plc v. Stratford UK Properties LLC.
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Miskolczi Bodnár, Péter, and Róbert Szuchy. "Joint and Several Liability of Competition Law Infringers in the Legislation of Central and Eastern European Member States." Yearbook of Antitrust and Regulatory Studies 10, no. 5 (2017): 85–109. http://dx.doi.org/10.7172/1689-9024.yars.2017.10.15.5.
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The study reviews the provisions of the Directive by, first, presenting its general rule – joint and several liability – and then its two exceptions, pointing out that albeit they contain similar solutions, these have different reasons in the case of leniency applicants obtained immunity from fines and small and medium-sized enterprises. The study examines whether the 11 CEE Member States prescribe joint and several liability, in principle, to cases where multiple persons cause harm jointly by an infringement of competition law. The study also analyses the position of an immunity recipient in national laws. During the examination, the study separates the position of the immunity recipient and the injured parties, as well as the position of the immunity recipient and other co-infringers, as is the case in the Directive. The study summarizes also national experiences with the implementation of the Damages Directive. It is a fact that the norms of the Directive have been implemented, and there is no deviation to jeopardize either the enforcement of claims for damages or the integrity of the internal market. Nevertheless, having established two separate exceptions, it would have been duly justified for the Commission to explain them in detail, considering their rules differ from each other. Noticeably, some CEE countries considered the difference unjustified and uniformly provided an opportunity for the co-infringer who compensated the harm of an injured party to submit a reimbursement claim against the immunity recipient and SMEs. Other CEE countries considered that they did not have the authority to do so. It would be worth reviewing the implementation of the exceptions to joint and several liabilities after a year, in conjunction with the issue of alternative dispute resolution. The study makes a proposal for an amendment of the Directive. Doctrinal views related to the SMEs exemption from joint and several liability draw attention to the fact that it is unfortunate if solutions designed in a relatively late stage of the legislative procedure do, in fact, later become a part of that directive. It would seem practical, for example, to declare that this exception shall be applied also to micro enterprises in relation to the compensation of harms caused by infringements of competition law. The Damages Directive requires, however, the implementation of this exception only with regard to small and medium-sized enterprises.
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Maljean-Dubois, Sandrine, and Benoît Mayer. "Liability and Compensation for Marine Plastic Pollution: Conceptual Issues and Possible Ways Forward." AJIL Unbound 114 (2020): 206–11. http://dx.doi.org/10.1017/aju.2020.40.
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The UN General Assembly and the UN Environment Assembly (UNEA) have expressed concerns about the pollution of the sea by plastics, which adversely impacts ecosystems, some economic activities (e.g., tourism and fishing), and possibly public health (e.g., consumption of contaminated fish). In December 2017, the UNEA decided to establish the Ad Hoc Open-Ended Expert Group on Marine Litter and Microplastics to examine ways to combat marine plastic pollution. The group met three times in 2018 and 2019, and at least two more meetings are planned. Among potential responses to the issue of marine pollution, the group briefly considered—but eventually dismissed—the possibility of creating a liability or compensation regime. This essay evaluates the prospects for such a regime. As the essay will show, compensation faces significant conceptual problems, not the least of which is the absence of an obvious recipient. However, some form of liability could be imposed on corporations that produce plastic, or on states that fail to regulate them. Such a liability regime, even without financial compensation, could foster the prevention of further marine plastic pollution.
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Maimescu, Savva. "PECULIARITIES OF INTERNATIONAL POSTAL DISPATCHES IN THE REPUBLIC OF MOLDOVA." Administrative and Criminal Justice 3, no. 88 (2019): 195. http://dx.doi.org/10.17770/acj.v3i88.4416.
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In the paper the author indicates the particularities of the merchandise, objects, values, goods, money declaration, carried out by natural persons and legal entities, which are transported and placed over the customs border of the state by the specialized state carrier “Posta Moldovei”. In the paper the author indicates the subjects of declaration who have full rights to send objects, values, goods by international postal service to the recipient who has his/ her place of residence in any country. In the paper the author also indicates the liability of natural persons and legal entities, which may occur in the case of non-declaration or inauthentic declaration of merchandise, objects, values, goods sent through international postal services to the recipient, as well as reports the administrative and criminal sanctions for committing these violations.
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Middlemiss, Sam. "“Another nice mess you’ve gotten me into” employers’ liability for workplace banter." International Journal of Law and Management 59, no. 6 (2017): 916–38. http://dx.doi.org/10.1108/ijlma-07-2016-0063.
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Purpose Banter has been defined in the Oxford Dictionary as “the playful and friendly exchange of playful remarks” [www.merriam-webster.com/dictionary/banter]. This suggests that it is a form of dialogue or conversation that is welcome, non-threatening and appreciated by the recipient. However, this is often not the case, and the purpose of this paper is to consider the legal rules dealing with banter where it is threatening, unwanted or oppressive to the recipient. Where there is a discriminatory aspect to the banter, the protection provided under equality law will be considered. Banter can be directed at workers with different characteristics (e.g. disability, age, religion, sex, race or sexual orientation), and this paper will consider discriminatory banter whatever the basis. The different types of dialogues falling under the term banter will be analysed and the extent to which legal protection is in place to deal with it will be considered. The statutory legal rules dealing with harassment and bullying in the UK are the most relevant to controlling workplace banter and accordingly will be given primary consideration. Finally, recommendations will be made for improving both management practice and the law in this area. Design/methodology/approach The methodology used is a thorough review of secondary sources in the UK including relevant statutes and legal cases and research undertaken in this area. Findings There is a need for legislative change to protect victims of unwanted workplace banter. Research limitations/implications Legal and managerial solutions to a complex problem. Practical implications Very few sources of primary research. Originality/value Highly original.
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Tommasi, Sara. "The Liability of Internet Service Providers in the Proposed Digital Services Act." European Review of Private Law 29, Issue 6 (2021): 925–44. http://dx.doi.org/10.54648/erpl2021048.
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The intent of the essay is to verify if the Proposal on a Single Market For Digital Services (Digital Services Act), in the part where it aims to define the provider’s liability for illegal activity or illegal content stored at the request of a recipient of the hosting service, ends up providing greater protection for the passive provider than the Electronic Commerce Directive. It is also the intent to examine to what extent the actual increased protection of the passive provider is compensated for by greater rigor in ruling out the possibility of the providers playing an active role in hosting.
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Mangku, Dewa Gede Sudika, Rahayu Subekti, and Ni Putu Rai Yuliartini. "Legal protection for consumers recipient of COVID-19 vaccine in Indonesia." International journal of health sciences 6, no. 2 (2022): 956–64. http://dx.doi.org/10.53730/ijhs.v6n2.8973.
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The purpose of this study was to determine the legal protection provided to COVID-19 vaccine recipients under the Indonesian consumer protection law. This study employs normative legal research methods. This study was a qualitative descriptive study and described the level of quality of infectious waste management in the household which was reviewed based on the relevant laws and regulations. The article used secondary legal materials, namely books, journals, articles, and other written works from print and internet media, and the phenomena that occured in the field. According to the findings of this study, the type of consumer protection for recipients of the COVID-19 vaccination under Indonesian consumer protection law is the application of preventive and repressive legal protection and civil and criminal liability in line with existing laws and regulations.
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Buryachenko, A. M. "The concept and content of legal responsibility of spouses for failure to fulfill aliment obligations in family law." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 94–97. http://dx.doi.org/10.24144/2307-3322.2021.64.17.
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In a scientific article, the author conducted a scientific study of the concept and content of legal liability of spouses for non-performance of alimony obligations in family law. Based on the study, the author concluded that the Family Code of Ukraine does not contain a rule on the liability of the obligated spouse for failure to maintain an incapacitated spouse or a spouse in need of maintenance in connection with the upbringing of young children. From the content of Art. 196 of the Family Code of Ukraine, it is not clear whether it applies only to cases of non-performance of child support obligations, as follows from the finding of this rule in the relevant section of the Family Code of Ukraine. It is necessary to agree with the opinion expressed in the legal doctrine on the application of the provisions of Art. 196 of the Family Code of Ukraine for all alimony relations, in this regard, we propose to make appropriate changes to this article. In this case, in case of arrears due to the fault of the spouse, who is obliged to pay alimony by court decision or under the maintenance agreement, the spouse-recipient of alimony has the right to collect a penalty (penalty), and in case of late payment, due to illness or injury of the other spouse due to the payer’s fault, such payer is obliged to pay the amount of arrears at the request of the recipient of expenses, taking into account the established inflation index for the entire period of delay, as well as three percent per annum of the overdue amount. Although Art. 78 of the Family Code of Ukraine defines only three conditions of the spousal maintenance agreement: conditions, amount and terms of alimony, however, as stated in legal doctrine, such a condition as liability for non-performance of the maintenance agreement may also be determined by the parties. Unfortunately, the Family Code of Ukraine does not provide for a contractual procedure for determining alimony obligations to actual and former spouses, in this regard, in the scientific literature it is proposed to supplement the relevant provisions of Art. Art. 78 and 91 of the Family Code of Ukraine. In addition, the legislation of Ukraine in some cases provides for administrative liability for non-payment of alimony for the maintenance of one of the spouses, as well as liability in the form of one of the temporary restrictions set by the Law of Ukraine “On Enforcement Proceedings”.
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Hallock, Geoffrey. "Liability of Recipient Vessels Distal to the Zone of Injury When Used for Extremity Free Flaps." Journal of Reconstructive Microsurgery 12, no. 02 (1996): 89–92. http://dx.doi.org/10.1055/s-2007-1006459.
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Grásgruber, Miloš, Milena Otavová, and Pavel Semerád. "Impacts of the application of the reverse charge mechanism of the value added tax." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, no. 7 (2013): 2133–41. http://dx.doi.org/10.11118/actaun201361072133.
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Reverse charge mechanism is considered to be a specific mechanism when applying the value added tax. The liability to declare and pay the output tax is transferred to the recipient of the fulfillment within the reverse charge mechanism. Since Apri1 1, 2011 there has been extended the application of the reverse charge mechanism to the domestic (home) fulfillments and since this date the mechanism has been applied to the delivery of slag, waste and metal scrap, defined in the Annex 5 and to the trading with the greenhouse gas emissions allowances. Since January 1, 2012 the reverse charge mechanism has been applied also for construction and assembly works which leads to a significant extension of VAT payers which this provision may affect. The paper will evaluate the impacts of the application of the reverse charge mechanism to the provider and the recipient of the taxable fulfillments, mainly for the construction works. There will be evaluated also the impacts of the administrative burden related to the evidence of the reverse charge mechanism for the tax entity and also for the tax administrator.
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Setiyarini, Altesa Wahyudiana, and Ananta Prathama. "IMPLEMENTASI BANTUAN STIMULAN PERUMAHAN SWADAYA (BSPS) DI DESA SAMBIGEDE KECAMATAN BINANGUN KABUPATEN BLITAR PROVINSI JAWA TIMUR." Public Administration Journal of Research 1, no. 1 (2019): 1–9. http://dx.doi.org/10.33005/paj.v1i1.2.
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The stimulant assistance of the self-supporting house is one of the central government's attempts to reduce the house unlivable into livable. Sambigede village is one of the Blitar districts where the largest quotas of houses are not livable and is earning the number of the biggest load of self-development development services in Blitar. This kind of research is a descriptive qualitative study. The focus of the study was in the four stages of the organization for stimulant assistance by self supporting housing based on technical instructions for the self supporting housing stimulant assistance program No. 07/ SE /Dr/2018. 4 among the intended stages are community preparation, candidates for assistance, assistance use, and reporting. The data collection techniques used in this study are interviews, observation, and documentation.The results of research that is drawn from the public printing stages are known that it is well received and transparent but is not yet consistent with technical directions and rules that apply this can be seen from the implementation of the ground facilitator's entire proposal for aid, Not yet optimal in the effort because the ground facilitator and village device were ineffective and efficient in searching for the recipient, who met the criteria and twice looked for the recipient to meet the quota. Further from the initialization stage of the help recipient being well-received in accordance with technical directions and the applicable and already optimal rules, it can be seen from the PPK speed for checking the will for the relief recipient's proposal and issuing a decree for the relief recipient.In accordance with the technical instructions and established rules that are already optimal, it can be seen from the time that development rewards did not pass the deadline for the quick program of the self supporting housing supply, the end of the budget and, a good coordination between ground facilitator power, aid receiver, and village devices to address the problem. Next, the non-voluntary reporting stage is in accordance with technical guidance, though in responding submission does not pass the year budget end, but in compiling liability reports by field facilitator power.
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Brudner, Alan. "SUBJECTIVE FAULT FOR CRIME: A Reinterpretation." Legal Theory 14, no. 1 (2008): 1–38. http://dx.doi.org/10.1017/s1352325208080014.
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This essay develops a liberal account of the mens rea requirement of criminal liability and identifies the fault level required by that account. By “a liberal account” is meant one that interprets the meaning of mens rea in a way that reconciles liability to coercion with the individual's inviolability. The article argues that the wrongdoer's choice to interfere or to risk interfering with another agent's capacity to act on his own ends is the level of fault required to make punishment implicitly self-imposed by the recipient and thus distinguishable from the wrongdoer's violence. Such a choice is one to which a denial of rights of agency may be logically imputed, a denial by which the wrongdoer implicitly authorizes his own coercibility. This version of subjectivism is, I argue, invulnerable against criticisms leveled against other versions. While staking out defensible subjectivist ground, the article criticizes the character, choice, and opportunity theories of mens rea proposed by Fletcher, Moore, and Hart, and elaborates the interpretations of exculpatory conditions flowing from the subjectivist thesis. Finally, it addresses arguments advanced by Ripstein, Duff, and Horder for eliminating the requirement of a conscious choice to do that which amounts to a denial of rights.
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Green, Jonathan, and Aaron Miner. "Mark Cuban defense verdict highlights difficulty of proving “misappropriation” theory of insider trading." Journal of Investment Compliance 15, no. 1 (2014): 38–40. http://dx.doi.org/10.1108/joic-02-2014-0012.
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Purpose – To summarize and draw conclusions from the insider trading suit brought against well-known entrepreneur Mark Cuban in 2008. Design/methodology/approach – Summarizes the facts of the 2008 case, brought by the SEC against Cuban for allegedly misappropriating material, non-public information conveyed to him purportedly pursuant to a confidentiality agreement. Reviews the basics of the misappropriation theory of insider trading, and the basis of the jury verdict in Cuban's favor. Concludes by stressing that securities analysis and major investors should still remain cautious, and explains why. Findings – The Cuban verdict appears, at first glance, to be a substantial victory for securities analysts and major investors whose businesses depend on regular communications with corporate insiders or others who possess material non-public information. It demonstrates the challenges the SEC faces under existing law in establishing a relationship of trust and confidence between the recipient of alleged material, non-public information and the source of that information for purposes of proving misappropriation liability. Nevertheless, the Cuban judgment did not ultimately turn on the existence of such a relationship, and the contours of misappropriation liability remain unsettled. Accordingly, securities analysts, investors and any other entity or individual who receives information pursuant to a confidentiality agreement should remain cautious and refrain from acting on material, non-public information regardless of the circumstances. Originality/value – Practical explanation by experienced litigators.
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Rusli, Tami, Yulia Hesti, and Heru Andrianto. "ASPEK KRIMINOLOGI TERHADAP TINDAK PIDANA MENGALIHKAN OBJEK JAMINAN FIDUSIA TANPA PERSETUJUAN TERTULIS TERLEBIH DAHULU DARI PENERIMA FIDUSIA BERDASARKAN PUTUSAN PENGADILAN NEGERI TANJUNGKARANG NOMOR : 740/PID.SUS/2020/PN.TJK." Keadilan 20, no. 2 (2022): 61–75. http://dx.doi.org/10.37090/keadilan.v20i2.722.
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A person in a consumer financing agreement with a fiduciary guarantee is prohibited from transferring the object of the fiduciary guarantee to another party without the consent of the fiduciary recipient. This study discusses the problem of what are the factors causing the perpetrator and how criminal responsibility for the perpetrator of a criminal act transfers the object of the fiduciary guarantee without prior written consent from the fiduciary recipient. This study uses a normative juridical approach and an empirical juridical approach. Collecting data by field studies and literature studies. Data analysis was carried out in a qualitative juridical manner, namely the analysis was carried out descriptively. Consumer finance companies should control, supervise and review the object of fiduciary security every month so that it can be seen whether the object of the fiduciary guarantee is in the control of the debtor, is not damaged and is not transferred to a third party, thereby reducing the losses that will be suffered by the creditor and is expected to be necessary. there is awareness of the public who enter into consumer financing agreements with fiduciary guarantees to pay more attention to their responsibilities in fulfilling achievements, because acts of breach of contract cannot always be resolved by deliberation. The imposition of imprisonment if it can provide a deterrent effect and become a motivation for good intentions.
 Keywords : Criminal Liability, Criminal act, Fiduciary Guarantee
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陳彥霖, 陳彥霖. "公法上不當得利與民法上不當得利之體系關聯性——以三方法律關係之利益受領人返還責任與範圍為中心". 國立中正大學法學集刊 70, № 70 (2021): 71–133. http://dx.doi.org/10.53106/172876182021010070002.
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Behfar, Atta, Carmen Perez-Terzic, Randolph S. Faustino, et al. "Cardiopoietic programming of embryonic stem cells for tumor-free heart repair." Journal of Experimental Medicine 204, no. 2 (2007): 405–20. http://dx.doi.org/10.1084/jem.20061916.
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Embryonic stem cells have the distinct potential for tissue regeneration, including cardiac repair. Their propensity for multilineage differentiation carries, however, the liability of neoplastic growth, impeding therapeutic application. Here, the tumorigenic threat associated with embryonic stem cell transplantation was suppressed by cardiac-restricted transgenic expression of the reprogramming cytokine TNF-α, enhancing the cardiogenic competence of recipient heart. The in vivo aptitude of TNF-α to promote cardiac differentiation was recapitulated in embryoid bodies in vitro. The procardiogenic action required an intact endoderm and was mediated by secreted cardio-inductive signals. Resolved TNF-α–induced endoderm-derived factors, combined in a cocktail, secured guided differentiation of embryonic stem cells in monolayers produce cardiac progenitors termed cardiopoietic cells. Characterized by a down-regulation of oncogenic markers, up-regulation, and nuclear translocation of cardiac transcription factors, this predetermined population yielded functional cardiomyocyte progeny. Recruited cardiopoietic cells delivered in infarcted hearts generated cardiomyocytes that proliferated into scar tissue, integrating with host myocardium for tumor-free repair. Thus, cardiopoietic programming establishes a strategy to hone stem cell pluripotency, offering a tumor-resistant approach for regeneration.
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Anisimov, A. V. "Civil status of cyber-physical systems before and after implantation in the human body." Courier of Kutafin Moscow State Law University (MSAL)) 1, no. 11 (2022): 144–50. http://dx.doi.org/10.17803/2311-5998.2021.87.11.144-150.
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The status of the cyber-physical system under the Russian civil law before and after implantation into the human body is the main objective of this article. The question of the CPS similarity to the human organ is considered, as well as the complex legal nature of CPS after implantation. There is no unified classification of implants in the legislation, therefore, it is problematic to determine the requirements applicable to CPS. The features of the CPS make it possible to recognize it as a medical device of both temporary and permanent nature. The status of the CPS as a medical device limits the range of subjects who are allowed to handle such a device. Until the moment of implantation, the CPS is a thing in the civil law sense, but after implantation into the human body, this status is transformed into the status of an organ, which excludes the CPS from the objects of civil law. It is proposed to establish the mixed nature of the CPS for the application of civil law rules and after implantation.The issues of liability and of the legal destiny after the death of CPS recipient are researched.
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Nabielah, Nova Tuhfah. "The Responsibility of Deposit Insurance Corporations to Hajj Funds Invested Based on Mudharabah Muqayyadah Contracts." JURNAL HUKUM ISLAM 19, no. 1 (2021): 133–50. http://dx.doi.org/10.28918/jhi.v19i1.3628.
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This article aims to analyze the reasons for mandatory of wakalah contract from prospective pilgrims to the Hajj Financial Management Agency (BPKH) for managing Hajj funds, and how the Hajj Financial Management Agency (BPKH) responsible of the hajj funds invested in collaboration with the Recipient Bank for Hajj Implementation Fee Deposits (BPS BPIH) as the LPS Participating Bank. This juridical normative article used a conceptual and statutory approach, with secondary data such as legislation, books and legal journals. The result showed: First, wakalah contract signed by prospective pilgrims at the time making the initial deposit of Hajj Administration Costs (BPIH) to BPS BPIH is mandatory, because it is absolute condition determined by law for every person who registers the hajj. Second, BPKH is responsible for compensating losses jointly between implementing board and supervisory board for Hajj funds invested by BPKH based on a business cooperation agreement (mudhorobah muqayyadah) with BPS BPIH. Therefore, in order to protect hajj funds, the provisions of Article 53 paragraph (1) UUPKH need to be revised by expanding the scope of jointly liability parties in investing Hajj funds, with including BPS BPIH, if the investment was carried out by BPKH in collaboration with BPS BPIH.
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Smith, Stephen A. "A Duty to Make Restitution." Canadian Journal of Law & Jurisprudence 26, no. 1 (2013): 157–79. http://dx.doi.org/10.1017/s0841820900005993.
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The rules governing impaired transfers are widely thought to lie at the core of unjust enrichment law. This essay defends two propositions about these rules. First, there is no duty, in the common law, to make restitution of benefits obtained as the result of an impaired transfer (for example, a transfer made by mistake or as a result of fraud or compulsion). Rather than imposing duties to make restitution, or indeed duties of any kind, the rules governing impaired transfers impose only liabilities, in particular liabilities to judicial rulings. The only legal consequence of a mistaken payment is that the recipient is liable to be judicially ordered to repay a sum of money equal to the payment. Second, it matters that the law governing impaired transfers imposes only liabilities, and not duties, because, inter alia, explaining and justifying liabilities is different from explaining and justifying duties. In particular, certain well-known objections to attempts to explain impaired transfer law can be avoided once it is recognized that this law is concerned exclusively with liabilities. In summary, then, this essay argues that the distinction between duty-imposing and liability-imposing rules has important implications for understanding the foundations of the law governing impaired transfers.
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Zerlina Jihan Deavinsa and Mohamad Fajri Mekka Putra. "NOTARY ROLE IN ONLINE REGISTRATION IMPLEMENTATION OF FIDUCIARY GUARANTEE ON CREDIT AGREEMENTS." Awang Long Law Review 5, no. 1 (2022): 147–53. http://dx.doi.org/10.56301/awl.v5i1.545.
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This study aims to determine the Notary's role toward creditors in the online registration of the Fiduciary Guarantee Deed and the Notary's responsibility if there is an error in the online registration of the Fiduciary Guarantee Deed. Empirical legal research is conducted in this study using a descriptive design that includes field and library research, utilizing a qualitative data analysis approach. The findings of this study suggest that notary play a significant role in people's lives, particularly when creating authentic deeds following statutory requirements. A notary is authorized by the Law on Notary Positions to create an authentic deed to provide legal protection and certainty. A notary's role is crucial in everyday transactions involving agreements, including those involving fiduciary guarantees. A notary's duties in the online registration of a fiduciary guarantee include creating the fiduciary guarantee deed and acting as the fiduciary recipient, or the person who accepts the creditor's power of attorney to register the fiduciary guarantee. The online Fiduciary Guarantee registration process is connected to 3 (three) different types of notary liability. Given their significant role in the online registration of fiduciary guarantees, notary must follow the precautionary principle to reduce the possibility of mistakes when preparing the deed and to register the fiduciary.
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Asyik, Nur Fadjrih. "DAMPAK STRUKTUR MODAL PADA SENSITIVITAS PENERAPAN KOMPENSASI OPSI SAHAM KARYAWAN TERHADAP KINERJA." EKUITAS (Jurnal Ekonomi dan Keuangan) 14, no. 1 (2017): 1. http://dx.doi.org/10.24034/j25485024.y2010.v14.i1.2109.
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This study aims to test whether the management that receive compensation in the form of stock options having an positive impact on company performance. This study considers the external performance measurement by identifying Cumulative Abnormal Return (CAR). In addition, this study aims to test whether the company's capital structure affects the sensitivity level of employee stock option compensation and firm performance. Capital structure is measured with debt to equity ratio. The result indicates that the proportion of Employee Stock Option Plan (ESOP) influence company performance in accordance with the predictions. This shows that the more stock options offered to employees then came a sense of belonging which resulted in more motivated managers to improve company performance. Furthermore, the higher the market performance of companies that can be achieved, the higher the profit (gain) will be obtained by the recipient of stock options. In addition, this study also shows that the impact of stock option grants at the company's performance declined with the greater capital structure of liability. This shows that the capital structure of liabilities will lower the sensitivity level of employee stock option compensation and firm performance. The higher the company's liabilities would reduce the rights of the owner of the dividends each period in accordance with the ownership of shares held since the company must take into account the interest costs to be paid to the creditor.
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Luttermann, Karin. "Verständliche Semantik in schriftlichen Kommunikationsformen." Fachsprache 32, no. 3-4 (2017): 145–62. http://dx.doi.org/10.24989/fs.v32i3-4.1395.
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The paper Comprehensible semantics in written forms of communication deals with the comprehensibility of legal semantics in written legal communication for legal experts andlay persons. The Comprehensibility Model of Legal Language is in the tradition of linguistic pragmatics and exemplifies the language use in German product liability law which belongsto the core of consumer protection in everyday economic transactions. This includes lexemes such as ‘Fehler’ (error), ‘Produkt’ (product), ‘Sache’ (object) or ‘Mangel’ (defect) which occur both in expert as well as in non-expert situations of use.Intersections in the semantic explication between legal experts and laypersons as well as communicative problems of legal laypersons are determined. The linguistic problems must besolved in interdisciplinary committees of linguists and legal experts: e.g., in the editorial team Legal Language in the German Federal Ministry of Justice or in an European Competence Center for language and the law. The Comprehensibility Model aims at comprehensible communication of the law, in order to implement the concept of linguistic democracy. It works in the horizon of the recipient. This designates adequacy with regard to object and addressee for the production and reception of legal texts.The methodological basis is multiperspectivity: with the theory pattern, the empirical pattern, the results pattern and the comparison pattern. This leads to new possibilities for research on language for special purposes, transcending traditional disciplinary boundaries, as well as to new, practically relevant professional fields for students of Applied Linguistics (e.g., legal editor, executive consultant).
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Williamson, Vanessa S. "Who are “The Taxpayers”?" Forum 16, no. 3 (2018): 399–418. http://dx.doi.org/10.1515/for-2018-0027.
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AbstractWho are the taxpayers? In political rhetoric, the taxpayer is often the hardworking counterpoint to the undeserving welfare recipient, or the long-suffering victim of government corruption and ineptitude. And yet, despite its potency as a political symbol, we know little about who is understood by the public to be among the taxpaying class. New survey data reveal that there is a large discrepancy between the population of self-described taxpayers and the population of perceived taxpayers; about 93% of US adults describe themselves as taxpayers, but they imagine that only about 69% of their peers pay taxes. In the control condition, Republicans had lower estimates of the taxpaying population, were more concerned that low-income people do not pay enough in taxes, and low-income Republicans were more likely to doubt their own status as taxpayers. After receiving information about the substantial total tax liability of low-income people, Republicans and Democrats’ views of the taxpaying population converged. However, in the condition that focused on low-income Americans as net beneficiaries of the federal tax system, partisans had opposite responses. Low-income Democrats become less likely to describe themselves as taxpayers while low-income Republicans become more likely to assert their status as taxpayers. The results have implications for how and why the parties talk about tax policy, and suggest that the identity of “the taxpayer” has both an economic and a political resonance worthy of greater scholarly scrutiny.
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Cervo, Silvia, Paolo De Paoli, Ermes Mestroni, et al. "Drafting Biological Material Transfer Agreement: A Ready-To-Sign Model for Biobanks and Biorepositories." International Journal of Biological Markers 31, no. 2 (2016): 211–17. http://dx.doi.org/10.5301/jbm.5000190.
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Purpose Due to the scarcity of publications, guidelines, and harmonization among national regulations, biobanks and institutions face practical and theoretical issues when drafting a material transfer agreement (MTA), the fundamental tool to regulate the successful exchange of biosamples and information. Frequently researchers do not execute MTAs because of a general lack of knowledge about this topic. It is thus critical to develop new models to prevent loss of traceability and opportunities both for researchers and biobanks, their exposure to various risks, and delays in transferring biomaterials. Methods Through the involvement of institutional groups and professionals with multidisciplinary expertise, we have drawn up a ready-to-sign MTA for the CRO-Biobank (the biobank of the National Cancer Institute, CRO, Aviano), a standardized template that can be employed as a ready-to-use model agreement. Results The team identified the essential components to be included in the MTA, which comprise i) permissions, liability and representations; ii) custodianship and distribution limitations; iii) appropriate use of materials, including biosafety concerns; iv) confidentiality, non-disclosure, and publications; v) intellectual property protection for both the provider and recipient. Conclusions This paper aims to be an unabridged report (among the few works in the existing literature) providing a description of the whole process related to the formation of an MTA. Biobanks and institutions may consider adopting our ready-to-sign form as a standard model. The article discusses the most important issues tackled during the drafting of the document, thus proposing an operative approach for other institutions that face the same problems.
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Mirzaei, Omid, David C. Natcher, and Eric T. Micheels. "Estimating the Economic Impacts of Specific Claims Settlements in Canada: The Case of Little Red River Cree Nation." Canadian Public Policy 47, no. 4 (2021): 497–509. http://dx.doi.org/10.3138/cpp.2020-118.
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Since 1973, 535 specific claims valued at more than $6 billion have been settled between the Government of Canada and First Nations governments for outstanding treaty obligations. Critics of specific land claims point to the absence of statistical evidence that shows a positive impact on First Nations economies and characterize specific claims as a multi-billion-dollar liability for Canadian taxpayers. This research shows that the economic benefits of specific claims are being lost to First Nations economies through high rates of economic leakage, especially in cases in which large proportions of the settlement funds are disbursed on a per capita basis. Collaborating with the Little Red River Cree Nation (LRRCN) in Alberta (a recent recipient of a $239 million settlement), we use household expenditure data, band-owned businesses’ financial statements, and band administration audit reports to estimate their rate of economic leakage and the economic impact of their specific claims settlement. Results indicate that the economic leakage rate for the LRRCN is 83.5 percent. Using household expenditure data and input–output models, we estimate the economic impact of the LRRCN settlement. Assuming a 100 percent per capita disbursal of the funds, the settlement would contribute $275–$339 million in provincial output, $172–$212 million in gross domestic product, and $110–$127 billion in labour income, and it would create 2,393–2,714 full-time jobs. The results of this research may be of value to First Nations leaders in making decisions concerning the distribution and investment of specific claims settlements in the future.
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Izotov, Oleg Albertovich, and Alexander Lvovich Kuznetsov. "Development prospects of technologies of grouped cargo containerization." Vestnik of Astrakhan State Technical University. Series: Marine engineering and technologies 2020, no. 1 (2020): 140–48. http://dx.doi.org/10.24143/2073-1574-2020-1-140-148.
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The article highlights the problems of cargo transportation, when, at the combined stage of development of transportation of consolidated consignments, the sender cannot count on the qualified servicing of container transportation. Today, the participation of the owner of a small consignment in the transport process comes to the goods delivery to the forwarder's site. Freight forwarding companies that have mastered the market of transport services in the relevant region are engaged in primary consolidation of goods of several senders in one container. As a result, the relations between the owner of the consignment and the carrier come into conflict with the proven practice of the effectiveness of the container as a reusable container delivering goods to the destination. A big obstacle to the development of container technologies in Russia is the mismatch of land transport infrastructure to the capacity of sea container terminals, which reduces the efficiency of the logistics process as a whole. The consignment transportation arrangement, zoning of consignment transportation using various means of upsizing have been illustrated. The technological schemes of containerization using sea transport, transportation of assorted cargoes are presented. All participants of the transport process are interested in improving the situation. In order to improve the economic efficiency of transportation and reduce the cargo liability of transport means, it is proposed to upsize the consignments combined by freight forwarders into consolidated container shipments. As a new cargo unit, an intra-container module is proposed, which has practically significant properties of the container. Introducing new tools of consolidation of LCL consignments is intended to broaden the potential use of container technology in a limited period of time (the so-called free days) for containers for sea transportation used on the land of cargo delivery to the recipient.
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Greatrex, Joan. "Monastic Charity for Jewish Converts: The Requisition of Corrodies by Henry III." Studies in Church History 29 (1992): 133–43. http://dx.doi.org/10.1017/s0424208400011268.
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The controversy which concerns us now, as it once concerned the thirteenth-century participants, centres upon the king’s right to demand corrodies in monastic establishments for his own nominees. Thus it is necessary to begin by defining the term ‘corrody’ in the present context. In describing a corrody as ‘nothing more than an allowance consisting of a share in a common fund’, Professor Hamilton Thompson neatly encapsulated the multifarious forms which it could take; he also drew attention to its potentially disastrous effects when he noted that at least one person, who should have known better, believed that corrodies were so called because they were corrosive. The allowances or provisions were specified in a written agreement between the monastic chapter and the prospective recipient and might include board, lodging, items of clothing, and cash payments, or any one of these, or a combination of them; and so they were often entered on monastic officials’ expense accounts as annuities, pensions, or liveries (liherationes). Acting on their own initiative and often against episcopal injunctions, religious houses in financial straits made such grants to laymen, whose wives were sometimes included, in return for a lump sum or a donation of property. The corrodian who paid cash or bequeathed part of his estate provided an immediate and welcome boost in income for the community which received him, and he and his family gained security and comfort in their declining years. But the financial relief for the monastery which had guaranteed hospitality for life could, and did, turn into a liability when the beneficiaries lived longer than had been anticipated. In addition, outsiders, by virtue of their rights as founders and benefactors, made certain claims on religious houses, among which was the requisition of corrodies on behalf of relatives or retainers. It was this form of exploitation in which the King himself was the chief offender, and Henry III, in financial straits, would argue that he was in principle the patron of all religious establishments in the country.
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Traynor, Kate. "CDC webcast addresses liability protection for stockpile recipients." American Journal of Health-System Pharmacy 66, no. 24 (2009): 2150–52. http://dx.doi.org/10.2146/news090093.
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Нrychko, V., and Z. Krasko. "Torts committed within the scope of volunteering and humanitarian aid under martial law." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 324–29. http://dx.doi.org/10.24144/2788-6018.2022.05.60.
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The article is devoted to the topic of liability for torts committed within the scope of volunteering and humanitarian aid. The main concepts, as volunteering and humanitarian aid, are defined. It has been established that volunteering is characterized by the fact that it acts on the basis of representation; persons who wish to become volunteers are added to their lists by concluding an appropriate contract with non-profit organizations and institutions on whose behalf they will perform this or that work for this or that organization. Humanitarian aid differs by the donors (those who provide humanitarian aid) are legal entities, and the recipients are legal entities registered in the Unified Register of Humanitarian Aid Recipients; recipients can be charitable, religious and public organizations, their enterprises, as well as rehabilitation institutions; it is through the recipients that the aid is transferred to the recipients - individuals and legal entities who directly need it. It is summarized that since volunteering and humanitarian aid are forms of charity, they share common responsibilities.
 The types of offenses for which responsibility arises in the field of volunteering and humanitarian aid are analyzed. Special attention is paid to Art. 201-2 of the Criminal Code of Ukraine, which was introduced by the Law "On Amendments to the Criminal Code of Ukraine Regarding Liability for Illegal Use of Humanitarian Aid" dated March 24, 2022, and establishes liability for the sale of humanitarian aid items, the use of charitable donations or free aid, the conclusion of other transactions regarding the disposal of such property for the purpose of obtaining profit.
 It has been established that in practice problematic issues arise with the application of the provisions of the Criminal Code due to non-observance of the norms on the transfer of property of citizens in a proper manner.
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Popoviciu, Laura-Roxana. "OFFENSE - THE ONLY GROUND FOR CRIMINAL LIABILITY." Agora International Journal of Juridical Sciences 8, no. 4 (2014): 149–56. http://dx.doi.org/10.15837/aijjs.v8i4.1614.
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This study aims to examine the offence as the only ground for criminal liability. Article 15, paragraph 2 of the Criminal code provides that: “offences are the only grounds for criminal liability”, which implies the existence of an act, which is detected by the bodies empowered under the law in the form required by law, and also this principle comes as a guarantee of the person’s freedom because, without committing an act provided for by the law as an offense, the criminal liability cannot exist.The criminal liability is one of the fundamental institutions of the criminal law, together with the institution of the offence and of the sanction, set in the various provisions of the Criminal code.As shown in the Criminal code, in Title II regarding the offence, there is a close interdependence among the three fundamental institutions. The offence, as a dangerous act prohibited by the criminal rule, attracts, by committing it, the criminal liability, and the criminal liability without a sanction would lack the object. It obliges the person who committed an offence to be held accountable for it in front of the judicial bodies, to bide the sanctions provided for by the law, and to execute the sanction that was applied.The correlation is also vice-versa, meaning that the sanction, its implementation, cannot be justified only by the existence of the perpetrator’s criminal liability, and the criminal liability may not be based only on committing an offence.The criminal liability is a form of the judicial liability and it represents the consequence of non-complying with the provision of the criminal rule. Indeed, the achievement of the rule of law, in general, and also the rule of the criminal law implies, from all the law’s recipients, a conduct according to the provisions of the law, for the normal evolution of the social relations.
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Vasilyeva, Ye Ye. "Negligence as a condition of civil liability of health care institutions." Bulletin of Siberian Medicine 3, no. 3 (2004): 65–71. http://dx.doi.org/10.20538/1682-0363-2004-3-65-71.
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In this article a significance of a negligence of health care institutions when bringing them to civil liability has been investigated. A common rule of assignment of responsibility only when guilty has been examined as well as an exclusion of responsibility in case of increased (guiltless) liability. Examples have been given and a legal treatment of situations when a mutual contributory negligence took place (executor’s negligence as well as recipient’s (patient’s) negligence) has been presented. The significance of presumption of innocence in civil law has been revealed.
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Gasińska, Maria. "Determinants of Development of Third Party Liability Insurance: Selected Approaches, Experience and Trends in Poland." Foundations of Management 8, no. 1 (2016): 123–38. http://dx.doi.org/10.1515/fman-2016-0010.
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Abstract The article constitutes an attempt at discussing the determinants of the development of third party liability insurance in historical perspective and on the basis of the observation of trends witnessed in this field nowadays. The identified factors are linked to the functioning of both the demand and the supply aspect of the third party liability insurance market, providing a valuable indicator for insurance practice. The past decade has witnessed steady, though slow, expansion of the third party liability insurance market in terms of the number of contracts concluded, the share of the contributions toward it in the total contribution value as well as the level of the gross contribution assigned. The article characterizes four groups of factors responsible for the third party liability insurance market expansion, namely: (a) determinants resulting from relations between the parties and subjects of the third party liability insurance relation against the complex nature and specific character of the third party liability function; (b) determinants linked to the dynamic development of the so called risk-generating techniques and technologies leading to growth in the development of the so-called damage potential threatening both participants in the production process (including the service provision process) as well as product users and service recipients; (c) determinants of socioeconomic character, in particular the level of legal and insurance awareness of potential damage perpetrators and injured parties as well as material standing of households and financial standing of economic entities; (d) determinants linked to legal regulations, in particular, the leading role of regulations separating the compensatory function of third party liability with respect to the penal function in shaping the scope and value of regulations tightening the scope and principles of third party liability in certain areas of economic turnover and introducing insurance compulsion.
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Anza, Sofía, and Josemaría Motta. "Data Processors’ Liability from a Uruguayan Data Protection Perspective." Global Privacy Law Review 2, Issue 2 (2021): 155–61. http://dx.doi.org/10.54648/gplr2021020.
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Since the processing of personal data has become global, and the presence of data processors has been increasing over time, it is of paramount importance to analyse how responsibilities are allocated among data controllers and data processors. Therefore, the aim of this article is to analyse how responsibilities and obligations of data controllers and data processors established in Uruguay – or abroad but subject to Uruguayan Data Protection Regulations due to their extraterritorial effect – are distributed and why this matter should be regulated in further detail. Uruguay, Liability, Responsibility, Obligations, Data Controllers, Data Processors, Data Recipients, Principles, Territorial Scope
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Gless, Sabine, Emily Silverman, and Thomas Weigend. "If Robots cause harm, Who is to blame? Self-driving Cars and Criminal Liability." New Criminal Law Review 19, no. 3 (2016): 412–36. http://dx.doi.org/10.1525/nclr.2016.19.3.412.
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The fact that robots, especially self-driving cars, have become part of our daily lives raises novel issues in criminal law. Robots can malfunction and cause serious harm. But as things stand today, they are not suitable recipients of criminal punishment, mainly because they cannot conceive of themselves as morally responsible agents and because they cannot understand the concept of retributive punishment. Humans who produce, program, market, and employ robots are subject to criminal liability for intentional crime if they knowingly use a robot to cause harm to others. A person who allows a self-teaching robot to interact with humans can foresee that the robot might get out of control and cause harm. This fact alone may give rise to negligence liability. In light of the overall social benefits associated with the use of many of today’s robots, however, the authors argue in favor of limiting the criminal liability of operators to situations where they neglect to undertake reasonable measures to control the risks emanating from robots.
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Rehdanz, Katrin, and Sven Stöwhase. "Cost Liability and Residential Space Heating Expenditures of Welfare Recipients in Germany*." Fiscal Studies 29, no. 3 (2008): 329–45. http://dx.doi.org/10.1111/j.1475-5890.2008.00077.x.
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Jurkowska-Gomułka, Agata. "How to Throw the Baby out with the Bath Water. A Few Remarks on the Currently Accepted Scope of Civil Liability for Antitrust Damages." Yearbook of Antitrust and Regulatory Studies 8, no. 12 (2015): 61–77. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.3.
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The Damages Directive introduces the right to ‘full compensation’ and the principle of ‘joint and several liability’ for antitrust damages (Article 3(1) and Article 11(1) respectively). The Directive does not determine the type of damage that can be awarded in civil proceedings. In theory, there are thus no barriers to establish punitive, multiple or other damages. In practice, it is rather unlikely that such types of damages will be awarded after the implementation of the Directive due to the ban placed on overcompensation in its Article 2(3). This paper will try to decode the concept of ‘full compensation’ and ‘joint and several liability’ in light of the Damages Directive as well as EU jurisprudence. An adequate understanding of these terms is without a doubt one of the key preconditions of correctly implementing the Directive and, consequently, a condition for making EU (competition) law effective. While on the one hand, a limitation of the personal scope of civil liability can currently be observed in EU law (covering both legislation and case law), a broadening of its subject-matter scope is visible on the other hand. With reference to the personal scope of civil liability, the Directive itself limits the applicability of the joint and several responsibility principle towards certain categories of infringers: small & medium enterprises (Article 11(2)) and immunity recipients in leniency (Article 11(3)). Considering the subject-matter scope of civil liability, the acceptance by the Court of Justice of civil liability for the ‘price umbrella effect’ should be highlighted. In addition, the principle of the ‘passing-on defence’ can also be regarded as a manner of broadening the scope of civil liability for antitrust damage (Article 12–16). The paper will present an overview of the scope of civil liability for antitrust damages (in its personal and subject-matter dimension) in light of the Directive and EU jurisprudence. The paper’s goal is to assess if the applicable scope will in fact guarantee the effective development of private competition law enforcement in EU Member States. This assessment, as the very title of this paper suggests, will be partially critical.
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Watts, Kim, and Tina Popa. "Injecting Fairness into COVID-19 Vaccine Injury Compensation: No-Fault Solutions." Journal of European Tort Law 12, no. 1 (2021): 1–39. http://dx.doi.org/10.1515/jetl-2021-0005.
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Abstract The devastating impact of the COVID-19 global pandemic has fast-tracked the development of vaccines against the SARS-CoV-2 virus, with global vaccination efforts already underway. While the introduction of large-scale or even mandatory vaccination will facilitate resumed social interaction, work and travel, such action is not without risks. Vaccination exposes recipients to the risk of rare but serious effects, leading to pertinent questions about liability and compensation for harm caused by vaccination. There have already been rare blood clotting reactions associated with two COVID-19 vaccines, some of which have been fatal. Traditional means of accessing compensation, such as liability-based litigation, product liability regimes and existing statutory schemes may be inadequate avenues of accessing compensation for individuals who sustain vaccine-related harm. Despite a significant number of countries worldwide introducing vaccine injury compensation schemes, many European countries and Australia have been hesitant to develop a no-fault scheme to respond to potential vaccine-related injuries. This article critically analyses whether existing compensation mechanisms, including liability-based tort claims, operating in common law and civil jurisdictions, are adequate avenues of accessing compensation by injured individuals. Australia and Europe are compared because of the close similarities in their existing liability-exemption approach to vaccine injury compensation, rather than no-fault. This stands in stark contrast to the use of no-fault schemes in other major jurisdictions, and the COVAX vaccine injury compensation scheme available in 92 low- and medium-income countries. The authors conclude that the introduction of a no-fault vaccine injury compensation scheme is a desirable mechanism to compensate vaccine-related injuries, by offering a more efficient and easily accessible method of accessing compensation when compared with liability-based causes of action. With the commencement of vaccination, urgent introduction of no-fault vaccination injury compensation schemes ought to be at the forefront of lawmakers’ reform agenda.
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Vasylenko, Oleksandr. "Electronic payment system as an object of criminal encroachment." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 515–22. http://dx.doi.org/10.33663/0869-2491-2021-32-515-522.
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Introduction. In recent years, the number of payment transactions carried out using electronic payment systems has grown rapidly. Despite the steady growth of electronic payments among both individuals and legal entities, a number of problems remain unresolved, which primarily include ensuring the security of electronic payment transactions by the state at the legislative level and the development of effective means of combating and preventing crime. in the specified area. The current criminal legislation contains certain rules that can ensure the security of the electronic payment system. But insufficient research of some theoretical aspects of criminal liability for this type of criminal offenses significantly reduces the effectiveness of criminal law protection of this area of life. One such aspect is the theoretical uncertainty of the object that falls under the protection of criminal law. In particular, there is a lack of theoretical definition of the system of electronic payments in terms of the object, which is placed under the protection of criminal law. The aim of the article. The importance of the researched problems and the need to increase the efficiency of the current Criminal Code of Ukraine determine the purpose of this study, which is to define the concept of electronic payment system as an object of criminal protection. Results. Criminal offenses committed in the system of electronic payments belong to a qualitatively new type of mercenary crime in the banking sector, which is directly related to the modernization of economic relations in society. They cover the sphere of economic interests of the state as a whole, individual legal entities, as well as individuals who use the electronic payment system in their own interests. There is a need to develop a universal criminal law terminology in order to improve the regulatory framework governing relations in the field of electronic payments. Unfortunately, the definition of electronic payment system (electronic payment system) has not been properly developed either in the financial and economic sphere or in jurisprudence, and the existing definitions are not clear and contain a list of essential features of such systems. Conclusions. The system of electronic payments as an object of criminal encroachment - is regulated by law the order of public relations for the transfer of funds between participants in the payment system through a special payment mechanism, which is a set of methods, tools, methods to make calculations for effective and safe transfer of funds from the payer to the recipient in time and space and regulated by a special law and payment rules, are implemented on the basis of the contract against which the criminal encroachment is directed. This definition indicates the specifics of the electronic payment system as an object of crime, and also contains a list of all the most important features of this system, which will further contribute to the correct classification of crimes committed in this area.
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Renaudier, Philippe, Mai Phuong Vo Mai, Sylvie Schlanger, et al. "The Declining Risk of ABO Incompatibilities: Twelve Years of Hemovigilance in France." Blood 110, no. 11 (2007): 2891. http://dx.doi.org/10.1182/blood.v110.11.2891.2891.
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Abstract Background: ABO incompatibilities (ABOi) usually result from the failure to comply with Standard Operating Procedures (SOP). Continuous training (CT) is the main way to ensure their proper use in ultra-high security systems like civil aviation but little is known for transfusion. In France, SOP include a Beth-Vincent test at the bedside before the transfusion of Packed Red Cells (PRC). At the hospitals, Hemovigilance Officers (HO) are in charge of transfusion safety along with the settlement of traceability and the notification of all Adverse Effects (AE). If SOP and CT are requested by Law since 1993 for blood banks, they are only advised for hospitals even though the bedside Beth-Vincent test requires a special training. However, HO have more and more transposed the model of blood banks in hospitals especially since 2000. Objective: to describe time-trends of ABOi observed in e-fit, the French Hemovigilance database. Population and methods: All AE with “acute ABOi” as the final diagnostic were considered. Time-trends were studied according to the Box and Jenkins model (ARMA). Results: From 07/01/1994 to 12/31/2005, 79 106 AE were registered in e-fit, corresponding to about 30,000,000 Labile Blood Products (LBP) transfused. 304 (0.4%) were ABOi (1/107,850 LBP transfused). There were 183 men and 121 women with 81.3% of whom more than 40 years old. 205 patients (67.4%) received only PRC, 73 (24.0%) Platelet Concentrates (PC), 22 (7.2%) Fresh Frozen Plasma (FFP) and 4 (1.3%) more than a single LBP. 18 ABOi were fatal, possibly (4 cases) probably (4 cases) or definitely (9 cases) associated with a PRC, and 1 doubtfully with a FFP. Time-trends displayed 3 periods: (1) from 1994 to 1997 ABOi increased concurrently with the frequency of all AE notifications, (2) from 1997 to 2000 they reached a steady-state with 35 ABOi/year on average (1/70,000 LBP), (3) since 2001 they regularly decreased of 14%/year on average (13 ABOi for 2005 = 1/198,450 LBP). The localization of the failure to comply with SOP (i.e. hospital, blood bank or both) was studied for PRC. From 1997 to 2005, the liability of blood banks alone or along with hospitals remained stable (resp 0.42 and 2.58/year on average) whereas those of hospitals dramatically decreased (16.25/year from 1997 to 2000 and 8.6/year from 2001 to 2005). Conclusion: (1) ABOi are now 3 times less frequent than in 2000 ; (2) a notification bias is unlikely because both hospitals and blood banks are aware of traceability data that include the ABO phenotype for both the recipient and the LBP issued ; (3) CT applied on a nationwide basis seems to be the main factor to reduce ABOi in hospitals ; (4) a residual risk related to human errors seems to exist ; (5) the way to overcome that risk remains a matter of debate.
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Ruh, Philippe, and Stefan Staubli. "Financial Incentives and Earnings of Disability Insurance Recipients: Evidence from a Notch Design." American Economic Journal: Economic Policy 11, no. 2 (2019): 269–300. http://dx.doi.org/10.1257/pol.20160076.
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Most countries reduce disability insurance (DI ) benefits for beneficiaries earning above a specified threshold. Such an earnings threshold generates a discontinuous increase in tax liability—a notch—and creates an incentive to keep earnings below the threshold. Exploiting such a notch in Austria, we provide transparent and credible identification of the effect of financial incentives on DI beneficiaries’ earnings. Using rich administrative data, we document large and sharp bunching at the earnings threshold. However, the elasticity driving these responses is small. Our estimate suggests that relaxing the earnings threshold reduces fiscal cost only if program entry is very inelastic. (JEL H55, J14, J31)
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Jaffey, Peter. "Hohfeld’s Power-Liability/Right-Duty Distinction in the Law of Restitution." Canadian Journal of Law & Jurisprudence 17, no. 2 (2004): 295–313. http://dx.doi.org/10.1017/s0841820900003921.
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In the first part of the article it is argued that a debt, which is generally taken to be a standard example of a Hohfeldian right-duty relation, is properly understood as a power-liability relation, although a separate right-duty relation can arise in respect of it. This understanding provides a solution to a problem devised by MacCormick and discussed in the jurisprudence literature concerning a right to a payment from the estate of a deceased person. The main part of the article is concerned with the restitutionary claim to recover money or property invalidly transferred, and it is argued that this claim is also a Hohfeldian power, not a right correlated with a duty to return the money or property. The recipient’s liability to the exercise of the power is to be distinguished from his or her duty to return or to preserve the money or property invalidly transferred. This analysis provides a solution to the controversy in the literature over the strict liability and fault-based approaches to restitutionary claims, and it explains and supports the traditional understanding of the equitable proprietary claim and the claim for knowing receipt. The discussion leads to some consideration of the harm principle and duties of positive action.
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Puissant, Alexandre, Nina Fenouille, Christopher F. Bassil, et al. "Targeting the Creatine Kinase Pathway in EVI1-Positive Acute Myeloid Leukemia." Blood 128, no. 22 (2016): 523. http://dx.doi.org/10.1182/blood.v128.22.523.523.
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Abstract Abnormal expression of the transcription factor EVI1 through chromosome 3q26 rearrangements has been implicated in the development of one of the most therapeutically challenging high-risk subtypes of acute myeloid leukemia (AML). Here we integrated genomic and metabolic screening of hematopoietic stem cells to reveal that EVI1 overexpression altered cellular metabolism. A pooled shRNA screen targeting metabolic enzymes identified the ATP-buffering, mitochondrial creatine kinase CKMT1 as a druggable dependency in EVI1-positive AML. Of 18 screened AML cell lines harboring various genetic alterations, only the four EVI1-expressing lines exhibited markedly elevated CKMT1 protein expression and activity. Treatment of this cell line panel with either CKMT1-targeting shRNAs or cyclocreatine, an analog of the CKMT1 substrate creatine and inhibitor of the creatine biosynthesis pathway, showed that elevated CKMT1 protein expression correlated with sensitivity to CKMT1 pathway inhibition. Consistent with these data, flow cytometry analysis of a panel of 68 unselected primary AML patient specimens revealed that the four leukemias with the highest levels of EVI1 expression also had elevated CKMT1 protein levels and enhanced sensitivity to cyclocreatine treatment. We next established that enforced EVI1 expression increased CKMT1 protein and mRNA levels and that three independent shRNA molecules targeting EVI1 drastically reduced CKMT1 expression in two EVI1-positive AML cell lines. A luciferase-based reporter system established that RUNX1 represses CKMT1 expression through direct binding to its promoter. ChIP-qPCR approaches were then applied to dissect the sequential events involved in EVI1-induced CKMT1 upregulation and the possible role of RUNX1 as an intermediate. In both primary AML samples and cell lines, we determined that EVI1 represses RUNX1 expression by directly binding to its promoter. This, in turn, eliminates repressive RUNX1 binding at the CKMT1 promoter and thereby promotes CKMT1 expression. Based on these data, we explored the relationship between EVI1 and RUNX1 expression with CKMT1 mRNA levels in two AML transcriptional datasets (GSE14468 and GSE10358). We divided these cohorts into four subgroups with high versus low expression of EVI1 and RUNX1. Consistent with our mechanistic analysis, primary AML samples within the EVI1high/RUNX1low subgroup were significantly more likely to express high levels of CKMT1 than AML samples in the other three subgroups. CKMT1 promotes the metabolism of arginine to creatinine. To determine the effect of CKMT1 suppression on this pathway, we measured the metabolic flux of stable-isotope labeled L-arginine 13C6 through creatine synthesis using mass spectrometry. CKMT1-directed shRNAs or cyclocreatine selectively decreased intracellular phospho-creatine and blocked production of ATP by mitochondria. Salvage of the creatine pathway by exogenous phospho-creatine restored normal mitochondrial function, prevented the loss of viability of human EVI1-positive AML cells induced by cyclocreatine or CKMT1-directed shRNAs, and maintained the serial replating activity of Evi1-transformed bone marrow cells. Primary human EVI1-positive AML is frequently associated with somatic NRAS mutations. Thus, to investigate whether EVI1 over-expression sensitizes primary AMLs to CKMT1 inhibition in vivo, we transplanted primary NrasG12D mutant AMLs with and without elevated Evi1 expression into congenic recipient mice. In this system, Ckmt1 knockdown did not significantly alter the outgrowth of control Nras mutant AML cells compared to a shControl (63% versus 71%). By contrast, NrasG12D AML cells characterized by elevated Evi1 expression were profoundly depleted by Ckmt1 suppression to 2% versus 58% in shControl recipients. Consistent with these results, pharmacologic or genetic inhibition of the CKMT1-dependent pathway blocked disease progression and prolonged the survival of mice injected with human EVI1-positive cells but not with EVI1-negative cells, without noticeable cytotoxic effect on normal murine cells. In conclusion, we have integrated "omic" approaches to identify CKMT1 as a druggable liability in EVI-positive AML. This study supports a potential therapeutic avenue for targeting the creatine kinase pathway in EVI1-positive AML, which remains one of the worst outcome subtypes of AML. Disclosures DeAngelo: Incyte: Consultancy; Novartis: Consultancy; Celgene: Consultancy; Amgen: Consultancy; Baxter: Consultancy; Pfizer: Consultancy; Ariad: Consultancy. Stone:Pfizer: Consultancy; Agios: Consultancy; Jansen: Consultancy; Celator: Consultancy; Merck: Consultancy; Amgen: Consultancy; Celgene: Consultancy, Membership on an entity's Board of Directors or advisory committees; Karyopharm: Consultancy; Novartis: Consultancy; Abbvie: Consultancy, Membership on an entity's Board of Directors or advisory committees; Xenetic Biosciences: Consultancy; Sunesis Pharmaceuticals: Consultancy; Seattle Genetics: Consultancy; Roche: Consultancy; Juno Therapeutics: Consultancy; ONO: Consultancy.
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Skladany, Martin. "Macro Aid: Applying Microcredit’s Group Liability Principle to Foreign Aid." Law and Development Review 11, no. 2 (2018): 677–707. http://dx.doi.org/10.1515/ldr-2018-0034.
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Abstract This article proposes a novel form of foreign aid—macro aid. Under macro aid, developing countries that are aid recipients would be self-organized into groups and held collectively responsible for stolen or negligently wasted grants. If such abuse occurs, all developing countries in the group would no longer be eligible for any additional aid from the same funding source. Such shared responsibility would build powerfully constructive pressure among developing countries to not abuse aid. Moreover, the public nature of the program would enhance transparency, strengthen expectations, motivate citizens to demand that all group countries live up to the international attention, and shine a spotlight on aid agencies to prevent them from continuing to tolerate systemic corruption. Macro aid programs could also be set up within developing countries at the regional or local governmental level. Further, developing countries could voluntarily decide to establish macro aid groups to signal to domestic and foreign investors their resolve to reform. If such a high level of accountability is expected from the poor who are enrolled in microcredit programs that require group repayment, it is reasonable that the same level of responsibility and oversight should also be applied to groups of elite politicians in developing countries.
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Jones, Damon. "Inertia and Overwithholding: Explaining the Prevalence of Income Tax Refunds." American Economic Journal: Economic Policy 4, no. 1 (2012): 158–85. http://dx.doi.org/10.1257/pol.4.1.158.
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Over three-quarters of US taxpayers receive income tax refunds, which are effectively zero-interest loans to the government. Previous explanations include precautionary and/or forced savings motives. I present evidence on a third explanation: inertia. I find that following a change in tax liability, prepayments are only adjusted by 29 percent of the tax change after one year and 61 percent after three years. Adjustment increases with income and experience, and for EITC recipients, I rule out adjustment greater than 2 percent. Thus, policies affecting default-withholding rules are no longer neutral decisions, but rather, may affect consumption smoothing, particularly for low-income taxpayers. (JEL D14, H24, K34)
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Perwitasari, Rina, Sigid Suseno, and Ijud Tajudin. "ANALISIS YURIDIS PENGAMBILAN SECARA PAKSA KENDARAAN DEBITUR YANG WANPRESTASI OLEH PERUSAHAAN LEASING PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PPU-XVII/2019 DALAM PERSPEKTIF HUKUM PIDANA." Jurnal Poros Hukum Padjadjaran 2, no. 2 (2021): 302–15. http://dx.doi.org/10.23920/jphp.v2i2.378.
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ABSTRAKPengambilan paksa kendaraan bermotor oleh perusahaan leasing merupakan hal yang merugikan konsumen terlebih adanya Putusan Mahkamah Konstitusi Nomor 18/PPU-XVII/2019 yang menyatakan adanya pelarangan tindakan tersebut. Namun dilain sisi, penarikan tersebut dilakukan karena konsumen melakukan wanprestasi dengan tidak membayarnya cicilan bulanan kendaraan bermotor. Pada dasarnya meskipun tindakan konsumen merupakan perbuatan wanprestasi, namun tindakan paksa yang dilakukan perusahaan leasing tersebut cenderung dapat diklasifikasikan sebagai suatu tindak pidana. Metode penelitian yang dilakukan adalah spesifikasi penelitian menggunakan deskriptif analitis. Metode pendekatan menggunakan yuridis normatif. Teknik pengumpulan data yang akan digunakan dalam penelitian ini adalah studi dokumen. Metode analisis data adalah normatif kualitatif. Berdasarkan analisis yang penulis lakukan, maka dapat disimpulkan bahwa tindakan pengambilan secara paksa kendaraan debitur yang wanprestasi oleh perusahaan leasing pasca Putusan Mahkamah Konstitusi Nomor 18/PPU-XVII/2019 dapat dikualifikasi sebagai tindak pidana adalah pada dasarnya pelaksanaan eksekusi langsung oleh kreditur tanpa melalui PN bisa dilakukan jika debitur mengakui adanya wanprestasi atau cedera janji dalam perjanjiannya dengan kreditur. Namun demikian, ketika tidak diajukan kepada PN dan tidak adanya sukarela dari debitur maka pemidanaan dapat dilekatkan pada perusahaan leasing atas tindakan pengambilan paksa kendaraan konsumen oleh Debt collectror yang merupakan perpanjangan tangan dari perusahaan leasing. Pertanggungjawaban pidana tindakan pengambilan secara paksa kendaraan debitur yang wanprestasi oleh perusahaan leasing pasca Putusan Mahkamah Konstitusi Nomor 18/PPU-XVII/2019 adalah perbuatan paksaan dan kekerasan dari orang yang mengaku sebagai pihak yang mendapat kuasa untuk menagih pinjaman utang debitur, bahkan dapat juga melahirkan perbuatan sewenang-wenang yang dilakukan oleh penerima fidusia (kreditur). Hal tersebut jelas merupakan bukti adanya persoalan inkonstitusionalitas dalam norma yang diatur dalam UUJF dan pelekatan hukum pidana pun dapat dilakukan.Kata kunci: pengambilan paksa; debitur; hukum pidana.
 ABSTRACTForcible taking of motorized vehicles by leasing companies is detrimental to consumers, especially with the Constitutional Court Decision Number 18/PPU-XVII/2019 which states that this action is prohibited. But on the other hand, the withdrawal was made because the consumer defaulted by not paying the monthly installment of the vehicle. Basically, even though the consumer's actions are acts of default, the forced actions carried out by the leasing company tend to be classified as criminal acts. The research method used is the research specification using analytical descriptive. The approach method uses normative juridical. The data collection technique that will be used in this research is document study. The data analysis method is normative qualitative. Based on the analysis that the author carried out, it can be concluded that the act of forcibly taking a debtor's vehicle in default by a leasing company after the Constitutional Court Decision Number 18/PPU-XVII/2019 can be qualified as a crime is basically the direct execution of the creditor without going through the District Court. done if the debtor admits a default or breach of contract in his agreement with the creditor. However, when it is not submitted to the PN and the debtor is not voluntary, the punishment can be attached to the leasing company for the act of forcibly taking consumer vehicles by the debt collector which is an extension of the leasing company. Criminal liability for the act of forcibly taking a debtor's vehicle in default by a leasing company after the Constitutional Court's Decision Number 18/PPU-XVII/2019 is an act of coercion and violence from a person who claims to be the party who has the power to collect the debtor's debt loan, it can even give birth to acts of violence. arbitrarily committed by the fiduciary recipient (creditor). This is clearly evidence of the existence of unconstitutional issues in the norms regulated in UUJF and the attachment of criminal law can also be done.Keywords: Forced Retrieval; Debtor; Criminal Law.