Relevant bibliographies by topics / Rights and duties of the partners

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Academic literature on the topic 'Rights and duties of the partners'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Rights and duties of the partners"

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Bonthuys, Elsje. "A Duty of Support for All South African Unmarried Intimate Partners Part I." Potchefstroom Electronic Law Journal 21 (October 30, 2018): 1–32. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4410.

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The democratic Constitutional dispensation has led to the gradual extension of spousal duties of support to unmarried couples who hitherto could not legally claim support from their partners or from third parties who had unlawfully caused the death of their partners. The new recipients of rights to support can be divided into three groups: wives in Muslim religious marriages, partners in same-sex intimate relationships and unmarried opposite sex cohabitants whose relationships closely resemble civil marriage in both form and function. However, certain distinctive features of customary marriage, the continuing consequences of apartheid policies for African families and certain distinctive patrilineal features of traditional African families have largely excluded African women – who constitute the largest and most economically vulnerable group of women – from the benefits of these developments. Part one of this two-part article analyses the trajectory of the developing right to support intimate partnerships which appears to be based either on marriage (in the case of Muslim marriages) or similarity to marriage, including monogamy and permanent co-residence in the case of same-sex and opposite sex partners. This leaves no room to extend rights to unmarried intimate partners whose relationships do not fit the template of civil marriage, and, in particular, excludes many disadvantaged African women from obtaining legal rights to support from their relationships.
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Haji Mohiddin, Mas Nooraini, Zuhairah Ariff Abdul Ghadas, and Nazri Ramli. "DEVELOPING SHARIAH COMPLIANT CORPORATION: AN APPRAISAL ON THE RIGHTS AND LIABILITIES OF MEMBERS UNDER THE MALAYSIA LAW AND SHARIAH." Journal of Nusantara Studies (JONUS) 6, no. 1 (January 28, 2021): 59–72. http://dx.doi.org/10.24200/jonus.vol6iss1pp59-72.

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Shareholders are members of a company through share capital ownership. They proclaim themselves as “owners” although they have no direct involvement in business management which is wholly vested in the board of directors. In Malaysia, shareholders merely receive bundles of right in the company as prescribed under the Companies Act 2016. Due to the separate legal existence of a company, they are not liable for the company’s debts and liabilities. Contrarily, under Shariah, musharakah is a partnership agreement between individual partners for participation in capital and profits. It essentially regards them as the joint owners of musharakah, treating their existence inseparable from this business entity. The partners collectively share mutual rights and duties in the musharakah business according to their contractual agreement which makes them jointly liable for any liabilities incurred by the musharakah. This article discusses the rights and liabilities of members of a company under Malaysia Law and Shariah. It highlights the substantial distinctions between the shareholders’ rights and liabilities under the Companies Act 2016 and those of partners under musharakah. This article argues that an inculcation of Shariah principles of musharakah into the current legal structure of corporation is needed so that the Shariah-compliant status is always maintained. Keywords: Company, Malaysia, members’ rights and liabilities, Musharakah, rights and liabilities in Musharakah, separate legal entity. Cite as: Haji Mohiddin, M. N., Abdul Ghadas, Z. A., & Ramli, N. (2021). Developing shariah compliant corporation: An appraisal on the rights and liabilities of members under the Malaysia law and shariah. Journal of Nusantara Studies, 6(1), 59-72. http://dx.doi.org/10.24200/jonus.vol6iss1pp59-72
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Wibowo, Much Ilham Novalisa Aji. "Pemberdayaan Anggota Ranting Aisyiyah Grendeng dalam Identifikasi Keamanan Jamu Tradisional Instan." Jurnal Pengabdian Pada Masyarakat 4, no. 2 (August 20, 2019): 137–44. http://dx.doi.org/10.30653/002.201942.165.

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EMPOWERMENT OF AISYIYAH BRANCH MEMBERS OF GRENDENG IN THE IDENTIFICATION OF INSTANT TRADITIONAL HERBAL MEDICINE SECURITY. Drug chemicals are still found in some instant powder herbal products even though BPOM has carried out its supervisory duties. The drug chemicals in instant herbal mixtures are selling points for unscrupulous manufacturers of traditional medicines because they offer an instant effect over claims of synthetic chemical drugs. The harmful effects of consuming traditional medicines containing medicinal chemicals are felt after 5 to 10 years later with the emergence of various disease conditions resulting from the addition of medicinal chemicals to herbal medicine. One effort to suppress the circulation of herbal medicine with drug chemical is to increase public knowledge in various ways. The activity is an effort to empower the community in identifying safe and legal Instant Traditional Herbal Medicine. Empowerment activities in this service activity are carried out in 5 stages with three main stages, namely the first lecture, which aims to increase public awareness and alertness about Jamu. The second activity is Group Teaching to add knowledge and information intensively in small groups. The third activity is Self Empowering in order to increase the independence of the community to solve the security problems of Traditional Herbal Medicine through training and peer teaching. The science and technology application program for the community can significantly improve partner knowledge based on the Paired T-test statistical test (P < 0.05). It can be concluded that after IbM activities, partners can choose excellent and right herbs based on the provisions of BPOM RI. Partners can distinguish herbal products, standardized herbal medicines, and phytopharmaca. Partners can find out how to use good and right herbs. Knowledge of partners after this activity increased significantly (P < 0.05) from the knowledge category to less good knowledge.
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Mackenzie, Robin. "Sexbots." International Journal of Technoethics 9, no. 1 (January 2018): 1–17. http://dx.doi.org/10.4018/ijt.2018010101.

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This article describes how sexbots: sentient, self-aware, feeling artificial moral agents created soon as customised potential sexual/intimate partners provoke crucial questions for technoethics. Coeckelbergh's model of human/robotic relations as co-evolving to their mutual benefit through mutual vulnerability is applied to sexbots. As sexbots have a sustainable claim to moral standing, benefits and vulnerabilities inherent in human/sexbots relations must be identified and addressed for both parties. Humans' and sexbots' vulnerabilities are explored, drawing on the philosophy and social science of dehumanisation and inclusion/exclusion. This article argues humans as creators owe a duty of care to sentient beings they create. Responsible innovation practices involving stakeholders debating ethicolegal conundrums pertaining to human duties to sexbots, and sexbots' putative interests, rights and responsibilities are essential. These validate the legal recognition of sexbots, the protection of their interests through regulatory oversight and ethical limitations on customisation which must be put in place.
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Kovaček-Stanić, Gordana. "Joint exercise of parental right." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 32–45. http://dx.doi.org/10.5937/gakv0602032k.

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The joint exercise of parental right was introduced as a form of custody also in situations in which a traditional form of custody meant exercise of parental right by one parent. This concept strives to differentiate the relationship between parents from the relationship between spouses (common law partners) by, from the legal point of view, preserving the relationship between parents and the child the same or at least similar in case marital relationship changes, having regard to the fact that parental rights and duties do not cease with the divorce and that a child needs both parents for his/her development. Serbian Family Act 2005 has for the first time introduced a possibility of joint exercise of parental right even in case when parents do not live together (Article 75/2). Since this form of custody is a novelty in the Serbian family law, Serbian Family Act provides that agreement between the parents is a necessary precondition for this form of parental care. Beside parents and the court, the child has a very important role in the decision-making concerning his/her custody in case parents do not live together. In the comparative law, joint custody is being part of the evolutional progress. At the time when this concept was introduced, agreement between parents was a precondition for the joint custody. Today, many legal systems do not consider parental agreement on joint custody as a precondition for this form of custody after divorce.
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Kume, Andon. "Comparative Analyze on the Legal Solution Relevant to Status of Teachers in Albania." European Journal of Education and Pedagogy 2, no. 3 (July 15, 2021): 118–22. http://dx.doi.org/10.24018/ejedu.2021.2.3.121.

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Legislative reforms in the pre-university education system in Albania have paid special attention to addressing issues related to teacher status. In law no.69 / 2012, "On the pre-university education system in the Republic of Albania", these issues are treated in accordance with the requirements of International Labor Conventions, the Labor Code of the Republic of Albania and law No. 10171, dated 22.10. 2009 "On regulated professions in the Republic of Albania" amended. The law defines the teacher as the central figure of the school. In accordance with the recommendations of the ILO and UNESCO for the status of teachers, the Albanian law guarantees contemporary standards at every stage of the process for gaining and practicing the profession, for continuous professional preparation, scientific qualification, and career. The treatment of labor relations, relations with the social partners, with the associations and the community of parents and students, the definition of their rights and duties, salaries and rewards are components of the status of a teacher. The status of teachers reflects the social and economic conditions of the country, work culture and community traditions. The law treats teacher status as a key factor in developing the profile of a teacher capable of preparing the future citizens of an open and global society. The professional and academic freedom of the teacher is considered as an essential element of his status. Creating conditions for the exercise of civil rights related to the teaching profession, the right to participate in social and public life and to organize in trade unions are legislative achievements in line with EU standards and the requirements of international documents.
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Peart, Nicola. "New Zealand's Succession Law: Subverting Reasonable Expectations." Common Law World Review 37, no. 4 (December 2008): 356–79. http://dx.doi.org/10.1350/clwr.2008.37.4.0178.

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Succession law in New Zealand has been widely criticized for many years as being incoherent and unprincipled both in regard to its approach to property entitlements for spouses and unmarried partners and in its liberal approach to support claims under the Family Protection Act 1955. Although testamentary freedom was said to apply in New Zealand, the reality was rather different. The Wills Act 1837 was also seen as unnecessarily defeating testamentary intentions. Based on research indicating strong support for testamentary freedom and widespread objections to testators' lack of autonomy, the New Zealand Law Commission recommended radically reforming the law to give better effect to testamentary wishes subject to limitations that were coherent, principled and in line with rights and duties during a testator's lifetime. Parliament largely ignored those recommendations. Between 2001 and 2007, it reformed several statutes affecting succession law, but it did so in piecemeal fashion. Succession law was not viewed holistically and fundamental concerns about ill-defined and unprincipled limits on testamentary freedom were not addressed. The reforms were driven by conflicting policies. While the new Wills Act 2007 is intended to give better effect to testamentary wishes, that aim is frustrated by the enhanced property entitlements of surviving spouses and unmarried partners provided by the Property (Relationships) Amendment Act 2001 and Parliament's failure to curb the liberal approach to support claims under the Family Protection Act. As a result, there is now a greater likelihood than before that testamentary wishes will be undermined and reasonable expectations of testators and their beneficiaries subverted.
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Parkinson, Patrick. "Constitutional Law and the Limits of Discretion in Family Property Law." Federal Law Review 44, no. 1 (March 2016): 49–75. http://dx.doi.org/10.1177/0067205x1604400103.

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The argument of this Article is that the width of discretion that trial judges have to alter property rights under the Family Law Act 1975 (Cth) (‘the Act’) has been overstated. The property aspects of the Act can only be valid to the extent to which the law is an appropriate application of the marriage and divorce powers in the Constitution or is within the boundaries of the States’ reference of powers about de facto relationships. These constitutional provisions place significant constraints upon judicial discretion. In relation to marriages, the need to adjust property rights must result from the circumstances of the marital relationship or be justified as a consequence of the financial impact upon a party of its breakdown. The authority of Parliament to make laws concerning the alteration of the property rights of de facto partners is limited to cases of relationship breakdown. Furthermore, the Family Court of Australia and the Federal Circuit Court of Australia are both Chapter III courts. That has implications for the kind of discretion that Parliament can lawfully confer upon the trial judge, and the limits of that discretion. Some recent dicta and decisions of the Full Court of the Court suggest a view of judicial discretion which, it is argued, is inconsistent with the nature of judicial power in a Chapter III court. The discretion of trial judges is fettered by three duties: The duty to follow the interpretation of the Act as established authoritatively by appellate decisions, taking account of guidelines in appellate judgments; the duty to give reasons that explain the outcome of the case, and in particular, to justify the alteration of legal and equitable interests in specific items of property; and the duty to avoid arbitrary and capricious decision-making. The current jurisprudence on family property law is not necessarily consistent with these constitutional limitations.
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Kruse, Timothy A. "Minority shareholder treatment surrounding the Dell MBO." Managerial Finance 47, no. 8 (March 12, 2021): 1077–93. http://dx.doi.org/10.1108/mf-09-2019-0480.

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PurposeThis paper is a clinical examination of the October 2013 Management Buyout of Dell Inc. by founder Michael Dell and Silver Lake Partners for a total consideration of $13.88 per share. The proposed transaction was targeted by shareholders unhappy with the deal price and voting framework. Various shareholders went on to file an appraisal suit. Examining these events yields insights into shareholder rights issues in a major transaction.Design/methodology/approachThe paper examines events surrounding the acquisition including the negotiation process, go-shop period, shareholder activist demands for a higher price, shareholder voting and the subsequent appraisal trial and appeal.FindingsDespite suggesting Dell's board fulfilled its fiduciary duties, Delaware Vice Chancellor Travis Laster awarded petitioning shareholders $17.62 per share, a 27% premium to the final deal consideration. This article draws on Laster's decision and research examining topics raised by the surrounding events to argue minority shareholder interests were not sufficiently protected.Research limitations/implicationsThe Dell transaction represents only one data point. Moreover, Vice Chancellor Laster's decision was reversed on appeal.Originality/valueNevertheless, the paper discusses the nuances surrounding many issues of interest to practitioners involving large going private transactions. It could also be used to illustrate many “real world” perspectives in an advanced corporate finance or mergers and acquisitions class.
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Herawati, Aty. "STRATEGY TRAINING FOR MANAGING COOPERATIVE FINANCE IN SOUTH MERUYA VILLAGE." ICCD 2, no. 1 (November 28, 2019): 512–16. http://dx.doi.org/10.33068/iccd.vol2.iss1.255.

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This training is an activity related to the economic empowerment of the community through cooperatives in partner villages. In order to support community economic empowerment, the counseling and training on managing business units in the scope of cooperatives is very precise. Cooperatives can be interpreted as a business entity that has members in which each member has the duties and responsibilities. Each member has the same voting rights in every decision to be taken. The cooperative financial management is very important in the management of cooperatives. How to manage finances on a cooperative will be delivered to this training. Therefore, this activity will give mentoring and training to the managers of cooperatives in particular and the general public so that the partner will be able to implement in the activities of managing the cooperative finances. The expected outcomes from this activity are: (1) Knowledge development in managing the finance of cooperatives in South Meruya village. (2) The formation of social groups concerned to develop cooperatives in South Meruya village.
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Dissertations / Theses on the topic "Rights and duties of the partners"

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Filípková, Olga. "Práva a povinnosti společníků ve společnosti s ručením omezeným." Master's thesis, Vysoká škola ekonomická v Praze, 2012. http://www.nusl.cz/ntk/nusl-163963.

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This diploma thesis describes the legal position of partners in a limited liability company, through the analysis of theirs rights and duties. For a complete view of main theme the part of this thesis is devoted to the basic characteristics of a limited liability company. The diploma thesis also reflects the changes in the Czech legal order and the impacts of these changes on the concept of limited liability companies and the rights and duties of theirs partners.
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Capriati, Marinella. "Human rights, interests and duties." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:068aeab6-ae43-423b-873a-a441b910269a.

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This dissertation focuses on the concept of human rights, and in particular on how we should understand the interests protected by human rights and human rights' correlative duties. The work consists of three papers. Human rights and interests In the first paper I consider which conditions interests have to satisfy in order to be protected by human rights. I call these the Interest Conditions. I argue that we need to distinguish between two kinds of Interest Conditions: qualitative and quantitative ones. This means that we need to consider both which type of interests, and how much of these interests, human rights protect. I then consider the content of these conditions. Political accounts and fidelity to human rights practice In recent years, considerable attention has been received by so called "political accounts" of the analysis of human rights. According to these theories, one of the distinctive features of human rights is that they play a certain political function. In particular, a large number of political accounts hold that human rights have political correlative duties. I call this thesis 'Political Duties'. Political Duties has been defended on the grounds of the desideratum of fidelity, according to which the analysis of human rights ought to be faithful to human rights practice. I consider two ways of interpreting this desideratum and the corresponding versions of the argument in support of Political Duties. I argue that neither version successfully supports the thesis. The universal scope of positive duties correlative to human rights In the third paper I focus on duties correlative to human rights. We can distinguish between two different kinds of duties: negative and positive ones. Negative duties are duties not to perform an action, while positive duties are duties to perform an action. I focus on the latter and, in particular, I concentrate on the question of their scope - that is, on understanding who holds them. I defend a refinement of the thesis that all individuals hold positive duties correlative to human rights, which I call the Universal Scope Thesis.
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Matwijkiw, Anja. "Human needs, rights, and corresponding duties." Thesis, University of Cambridge, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.627234.

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Owen, J. "Rights, duties and choice in Belgian education." Thesis, University of Reading, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.354092.

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Montero, J. C. "Responsibility for human rights violations, institutions and transnational duties." Thesis, University College London (University of London), 2011. http://discovery.ucl.ac.uk/1331898/.

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This thesis proposes a conception of responsibility for human rights. The conception includes three components: an account of the normative foundations of human rights; an account of human-rights correlative duties; and an account of the violations of human rights. The account on the normative foundations connects human rights with certain moral principles and shows why those rights might impose obligations to various agents. The account on the corresponding duties uncovers different categories of duties related to human rights and formulates general guidelines for the distribution of these duties. The account on violations lists the conditions that must obtain for something to qualify as a violation of human rights. All these components are reunited in an internationalist conception of responsibility for human rights. According to this conception, human rights serve the dignity of persons. Since the protection of the dignity of persons requires the social world to be designed in a certain way, State agents bear primary responsibility in guaranteeing the human rights of their populations. Notwithstanding that, human rights impose on other non-State agents second order duties to contribute with the capacity of their political institutions to comply with their human rights related obligations. The international community in particular has transnational duties to create the adequate international conditions necessary for every political community to be able to fully realize the human rights of their population. Although these second order duties are derived from human rights, their non-compliance does not amount to a human rights violation.
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Parola, Giulia. "Environmental democracy : rights and duties for a new citizenship." Paris 5, 2010. http://www.theses.fr/2010PA05D008.

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La fonction principale de l'État est d'agir au nom de l'intérêt public, du bien-être de la population et du développement économique. L'intérêt public prend avec la crise environnementale une dimension nouvelle qui est celle de la survie du genre humain dans un cadre de développement durable. D'un point de vue juridique émergent une série de questions : de quelle façon le droit, les institutions juridiques et l'organisation politique peuvent-elles empêcher les dommages à l'environnement et la menace d'une destruction des ressources naturelles qui permettent à l'homme de vivre. De quelle manière les États et leurs citoyens peuvent-ils s'organiser pour répondre à la crise environnementale ? Quelle place et quels moyens (juridiques) accorder à la société civile dans ce cadre ? Quelles limites mettre à son action ?La solution devant l'étendue des atteintes à l'environnement d'ores et déjà réalisés pourrait être de construire un nouveau modèle d'État et de modifier le comportement des citoyens. Selon ce modèle, l'État devrait, à chaque fois qu'il assume une décision, considérer et évaluer les possibles répercussions sur l'environnement et, dans le cadre de ce processus d'évaluation et de décision, il lui reviendrait de créer les meilleures conditions de la participation des citoyens. La thèse propose, dans son Chapitre I, de construire une démocratie environnementale d'abord dans une perspective théorique et dans les deux chapitres qui suivent d'étudier dans quelle mesure les structures juridiques actuelles au niveau international et européen ont déjà évolué vers une démocratie environnementale. En particulier, l'objectif du Chapitre I, dans une perspective théorique, a été de cerner le concept de démocratie Environnementale et ses éléments : sa forme, son champ, ses acteurs. Du point de vue de la forme, une démocratie environnementale doit comprendre des éléments dérivant de la démocratie participative et délibérative et en ce qui concerne son champ, il s'agit de construire cette nouvelle démocratie à tous les niveaux: niveau global et niveau local. Ensuite, la thèse a examiné les acteurs de cette démocratie environnementale, individus, associations, et l'analyse s'est concentrée sur les droits et devoirs "environnementaux" qui pourraient contribuer, une fois ceux-ci reconnus, à transformer les comportements des citoyens. A l'aune des résultats du premier chapitre, l'objectif du deuxième chapitre a été d'examiner si et comment, au niveau international il est actuellement tenté de construire une démocratie environnementale au travers des traités internationaux. L'objectif du troisième chapitre, aussi à l'aune des résultats du premier chapitre, a été d'examiner si et comment, au niveau européen il est actuellement tenté de construire une démocratie environnementale au travers la législation communautaire
The idea of an Environmental Democracy comes from the attempt of seeking a theoretical legal solution without twisting the political system and finding a different way to use the democratic concept and tool. In order to achieve this objective. Chapter I "Environmental Democracy: A Theoretical Construction" presents the conceptual building blocks of this thesis' approach, suggesting the possible transformation of the actual political and legal structures into an "Environmental Democracy". Before speaking about the elements - form, space and actors - which compose Environmental Democracy, it is necessary to analyze in Section I of this Chapter, titled "Environmental Democracy", what the notions of "Democracy" and "Environment" in the thesis'prospective encompass. The second point, which is studied in the Section II of Chapter I, called "The Actors of Environmental Democracy: The Environmental and Ecological Citizen". Every individual has to rediscover what environmental rights are, whichcomes from the fact that he exists as a human being and that also without their explicit granting, that those rights nevertheless exist beyond. In the same time, just as with regard to environmental rights, also ecological duties exist beyond any recognition. In other words, from the mere fact that we are alive, we have rights and duties vis-à-vis ourselves and Earth. It is just a status, the life status. Environmental Democracy should be implemented at a global and local level to better answer to global and local environmental problems. In the light of the theoretical construction of Environmental Democracy and its elements, Chapter II, titled "Environmental Democracy in an International Context", examines Environmental Democracy at the global level by referring to international legal instruments and Chapter III, namely "Environmental Democracy in a European Context", examines Environmental Democracy at local level by referring to European Union Law. Both Chapters present therefore a synopsis of the provisions of two branches of law, international law and European Community law, which regulate or concern directly or indirectly the construction of an Environmental Democracy
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RODRIGUES, RODRIGO FERREIRA. "DT 17,14-20: THE DUTIES AND RIGHTS OF THE KING." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2013. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=24846@1.

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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO
A presente dissertação analisa Dt 17,14-20, a Lei do rei, considerando, de forma especial, elementos diacrônicos examinados à luz dos métodos históricocríticos. Essa análise provê a base para os tópicos abordados no comentário. O estudo constata que a lei do rei exibe certos contrastes e semelhanças em relação à História Deuteronomista, particularmente, os relatos sobre Salomão. A lei do rei é, contudo, peculiar em sua forma de avaliar e criticar a tradição. Conclui-se também que os deveres e direitos tratados na lei do rei são essencialmente utópicos, apesar de refletir um conhecimento da realidade histórica da qual emergiram. Além disso, constata-se que Dt 17,14-20 demonstra muita similaridade em seus termos e temas com o restante do livro do Deuteronômio e com a tradição bíblica mais ampla, mas também, revela descontinuidade temática. Como base na inter-relação entre a lei do rei e outras partes do Antigo Testamento, é possível notar que o livro do Deuteronômio nega ao rei os elementos essenciais ao exercício monárquico no Antigo Oriente Próximo.
This dissertation examines Deuteronomy 17,14-20, the law of the king, considering especially diachronic elements examined in the light of historicalcritical methods. This analysis provides the basis for the topics covered in the commentary. The study notes that the law of the king shows some contrasts and similarities between the Deuteronomistic History , particularly the accounts of Solomon. The law of king however is peculiar in its way to evaluate and criticize the tradition. It is concluded that the duties and rights dealt by the law of king are essentially utopian, though it reflects an knowledge of the historical reality of which it emerged. Furthermore, it is noted that Dt 17,14-20 shows much similarity in their terms and themes with the rest of the book of Deuteronomy and the broader biblical tradition, but also reveals thematic discontinuity. Based on the interrelation between the law of king and other parts of the Old Testament, it is possible to note that the book of Deuteronomy denies to the king the essential elements to the monarchial exercise in the Ancient Near East.
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Lazar, Seth. "War and associative duties." Thesis, University of Oxford, 2009. http://ora.ox.ac.uk/objects/uuid:476611b8-6b9a-4aaf-a756-e7bae3420d90.

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Combatants in war inflict untold devastation. They lay waste the environment, destroy cultural heritage, wound, maim, and kill. Most importantly, they kill. These deeds would be, in any other context, paradigmatically unjust. This thesis asks whether they can be justi-fied. There are two possible approaches: first, deny that killing in war is in fact unjust; sec-ond, argue that the injustice is overridden by weightier moral reasons. In Part I, I reject the view that principles of self-defence can render killing in war just. I argue that the most plausible theories of self-defence are hardest to apply in the cha-otic context of war, while the most practicable theories are least philosophically defensible. Moreover, none of them encompasses the inevitable noncombatant deaths that all wars bring. If killing in war is almost always unjust, perhaps we should advocate pacifism. In Part II, I propose an alternative, arguing that these injustices might be all things con-sidered justified. Combatants have morally important relationships: they have deep personal relationships with friends and family, and comrades-in-arms; if they are citizens of just communities, then that relationship is valuable too. I argue that they have associative duties to protect these relationships against the threat posed by war, and that these duties may override the injustices they must commit to avert that threat. After defending a conception of associative duties, I support this conclusion with the following argument. As well as our general duties not to harm, we have general duties to protect. Our general duties to protect sometimes override our general duties not to harm, in particular, in cases of justified humanitarian intervention. Our associative duties to protect, however, are stronger than our general duties to protect. If our associative duties to protect are stronger than our general duties to protect, and our general duties to protect can override our general duties not to harm, then our associative duties to protect should also be able to override our general duties not to harm.
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Malila, Mumba. "The place of individuals? duties in international human rights law : perspectives from the African human rights system." Thesis, University of Pretoria, 2017. http://hdl.handle.net/2263/60063.

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Some worry has been expressed in human rights circles that the human rights archetype has for some time now, disproportionately preoccupied itself with the culture of rights and claims at the expense of individuals? duties and responsibilities. A claim is made that while rights are individualistic, self-seeking, unworldly, self-indulgent and anti-social, individual duties and responsibilities are collective, social, humane, nuanced and associated with correct traditional and social behaviour and human values. The language of rights has dominated the texts of bills of rights in constitutions, and international instruments, and many view this rhetoric as unproblematic. Others, however, consider the currency of that language as overlooking, with dire consequences to human society, the concept of duty as the missing link of human dignity. There have, accordingly, been calls for a renewed focus on individual duties and responsibilities in the human rights discourse. The question is whether focussing on individual responsibility is necessary to counterbalance what is viewed by some as a bias towards rights. Efforts to raise international consciousness of what is regarded as the limitation of a purely rights-based approach to human rights has been spearheaded by, among others, faith based organisations. These have advocated not only a more visible recognition of individual duties and responsibilities generally, but an international declaration of human responsibilities as a ?common standard for all people and all nations.? The calls being made are premised on, first, a view that a device in the form of an international declaration ? a set of international rules ? should be developed to change the current human rights architecture. This code of ethical obligations is necessary to guide and change individual behaviour. Second, a belief that greater emphasis should be laid on individual duty responsibility to supplement existing international human rights norms and standards, and finally, that human rights principles alone are inadequate for modern societies to regulate themselves well. With particular reference to perspectives from the African Charter based human rights system, this project interrogates these concerns regarding duties with a view to ascertaining whether there is justification in them. Using as a reference point the concept of duties in the African Charter and to a small extent that in the African Children's Charter, which represents the older ii and more established part of the African human rights system, the project concludes that although individuals? duties are important and deserve greater attention, there is no convincing case for the calls that are being made in this regard.
Thesis (LLD)--University of Pretoria, 2017.
Centre for Human Rights
LLD
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Schrijver, Nico. "Sovereignty over natural resources: balancing rights and duties in an interdependent world." [S.l. : [Groningen] : s.n.] ; [University Library Groningen] [Host], 1995. http://irs.ub.rug.nl/ppn/128220244.

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Books on the topic "Rights and duties of the partners"

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Venkataramiah, E. S. Citizenship, rights and duties. Bangalore: B.V. Naga Publishers, 1988.

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Bruce, Martha. Rights and duties of directors. London: Butterworth, 1998.

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Lowe, Chris. Teachers' rights, duties and responsibilities. 6th ed. Kingston upon Thames: Croner.CCH, 2002.

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Teachers' rights, duties and reponsibilities. 4th ed. Kingston upon Thames: Croner.CCH, 2000.

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Lowe, Christopher. Teachers' rights, duties and reponsibilities. 2nd ed. Kingston upon Thames: Croner, 1998.

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Touche Ross & Co., ed. Rights and duties of directors. London: Butterworths, 1987.

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Bruce, Martha. Rights and duties of directors. 9th ed. Haywards Heath, West Sussex: Tottel Pub., 2009.

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Lowe, Chris. Teachers' rights, duties and responsibilities. 3rd ed. Kingston Upon Thames: Croner, 1998.

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Rights and duties of directors. 9th ed. Haywards Heath, West Sussex: Tottel Pub., 2009.

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Rights and duties of directors. 7th ed. Haywards Heath, West Sussex: Tottel Pub., 2005.

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Book chapters on the topic "Rights and duties of the partners"

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Parker, Julia. "Rights and Duties." In Citizenship, Work and Welfare, 3–13. London: Palgrave Macmillan UK, 1998. http://dx.doi.org/10.1057/9780230504721_1.

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Boot, Eric R. "Duties and Rights." In Human Duties and the Limits of Human Rights Discourse, 39–76. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-66957-1_3.

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Brown, Les. "Rights and Duties." In Justice, Morality and Education, 73–104. London: Palgrave Macmillan UK, 1985. http://dx.doi.org/10.1007/978-1-349-18002-8_3.

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MacCormick, Neil. "Wrongs and Duties." In Rights and Reason, 139–55. Dordrecht: Springer Netherlands, 2000. http://dx.doi.org/10.1007/978-94-015-9403-5_9.

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Griffin, James. "Human Rights: Whose Duties?" In Human Rights and the Moral Responsibilities of Corporate and Public Sector Organisations, 31–43. Dordrecht: Springer Netherlands, 2004. http://dx.doi.org/10.1007/1-4020-2361-8_3.

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Scruton, Roger. "On Rights and Duties." In Untimely Tracts, 176–77. London: Palgrave Macmillan UK, 1987. http://dx.doi.org/10.1007/978-1-349-09419-6_81.

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Ramaekers, Stefan, and Judith Suissa. "Rights, Needs and Duties." In The Claims of Parenting, 99–123. Dordrecht: Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-94-007-2251-4_5.

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Petersmann, Ernst-Ulrich. "Rights and Duties of States and Rights and Duties of Their Citizens." In Recht zwischen Umbruch und Bewahrung, 1087–128. Berlin, Heidelberg: Springer Berlin Heidelberg, 1995. http://dx.doi.org/10.1007/978-3-642-57785-7_65.

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Deaton, Matt. "United Nations: Rights and Duties." In Encyclopedia of Global Justice, 1113–15. Dordrecht: Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-1-4020-9160-5_706.

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Boot, Eric R. "Two Contentious Duties." In Human Duties and the Limits of Human Rights Discourse, 77–108. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-66957-1_4.

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Conference papers on the topic "Rights and duties of the partners"

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Ash, Elliott, Jeff Jacobs, Bentley MacLeod, Suresh Naidu, and Dominik Stammbach. "Unsupervised Extraction of Workplace Rights and Duties from Collective Bargaining Agreements." In 2020 International Conference on Data Mining Workshops (ICDMW). IEEE, 2020. http://dx.doi.org/10.1109/icdmw51313.2020.00112.

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Shuaib, Farid Sufian. "The Pandemic and the Notion of Duties and Responsibilities Under Human Rights." In 1st International Conference on Law and Human Rights 2020 (ICLHR 2020). Paris, France: Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.210506.002.

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Machado, Javam De Castro, and Paulo Roberto Pessoa Amora. "How can DB Systems be ready for privacy regulations." In XXXV Simpósio Brasileiro de Banco de Dados. Sociedade Brasileira de Computação - SBC, 2020. http://dx.doi.org/10.5753/sbbd.2020.13647.

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Personal data usage and collection are activities that used to growunrestricted. However, several laws in the physical world ensure rights to peo-ple regarding their privacy and information usage. In the last years, legislatorspassed many laws, regulations, and acts to replicate these rights to the digitalworld. By doing so, new constraints, rights, and duties appear on every compo-nent of the data usage and collection workflow. In this paper, we introduce someof these laws, describe some of the rights that highly impact the current designof DBMSs, discuss the challenges raised by these regulations, as well as relatedworks and research opportunities.
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Luketić, Daliborka, and Sandra Peranić. "THE RELATIONSHIP BETWEEN STUDENT ENGAGEMENT, SCHOOL RIGHTS AND DUTIES PERCEPTION ON QUALITY OF STUDENT-TEACHER INTERACTION." In 12th International Conference on Education and New Learning Technologies. IATED, 2020. http://dx.doi.org/10.21125/edulearn.2020.1159.

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Dovbysh, S. E., A. D. Davydova, and A. K. Tormosova. "The Problem of Choosing the Form of Getting Education in Russia: Rights and Duties of Parents." In Proceedings of the International Conference on the Development of Education in Eurasia (ICDEE 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icdee-19.2019.1.

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Cibulskienė, Renata, and Sigitas Mitkus. "The concept of builder and its liability for the quality of the construction works in lithuanian construction law." In Business and Management 2016. VGTU Technika, 2016. http://dx.doi.org/10.3846/bm.2016.30.

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A construction process, from the issue of a document allowing construction to signing a transfer- acceptance deed, involves a number of entities for which the law provides for different rights and duties. One of such entities is a builder (customer). The article discusses issues related with the establishment of the builder’s duties during the construction process and application of liability for failure to perform them or improper performance thereof. The concept of the builder (customer) is disclosed, and the builder’s civil liability for incompliance of construction works with the laws or provisions of the works contract, as well as late performance of construction works are analysed. It is analysed how to identify correctly a builder as one of the main entities of construction and to separate him from other participants of the construction process, such as head of construction or construction technical supervisor. The builder’s duties are analysed which improper performance has an effect on the quality of works carried out by the contractor, also issues raised in the Lithuanian case-law are discussed.
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Orlova, A. A. "On the concept and principles of legal (special) guarantees fundamental rights, freedoms and duties of man and citizen." In Scientific Trends: Law. ЦНК МОАН, 2019. http://dx.doi.org/10.18411/spc-20-07-2019-04.

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Igličar, Albin. "Vrednote kot podlaga za pravne norme in delovanje organizacij." In Values, Competencies and Changes in Organizations. University of Maribor Press, 2021. http://dx.doi.org/10.18690/978-961-286-442-2.24.

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Values as relatively enduring ideas about the good and fair treatment of people in society are the most general part of the normative world. Therefore, they are also the forerunners of legal norms that institutionalize and operationalize values or ideas about the desired social functioning of people. By defining rights and duties in legal norms, social relations also become legal relationships. The result of conscious and rational connections of people is formal organizations as institutional frameworks that encourage and monitor the activities of their members. It is therefore possible to imagine a sequence: values --- norms --- organization --- action.
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Zgureanu, Rita. "Collaboration between school and family in the context of pandemic crisis." In Condiții pedagogice de optimizare a învățării în post criză pandemică prin prisma dezvoltării gândirii științifice. "Ion Creanga" State Pedagogical University, 2021. http://dx.doi.org/10.46728/c.18-06-2021.p231-234.

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The pandemic crisis caused the school to fail to carry out its mission without a family. In recent years, family and school are working together more and more. With the shift to teaching the digital divide online it has become a chasm. The family is struggling to discover a new technology, in a new language with a single computer for multiple children and unsafe or non-existent internet access. Today, the educational duties of the school and the parental, in order to bear fruit, the school needs the conscious support and collaboration of the parents. Without them, children are not receptive enough and teachers' work is always compromised. Parents are our main partners in the educational process. An important part of decision-making at school level is the involvement of parents.
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Vo¨lz, Diana, and Anselm Schu¨le. "A New Approach to Trust and Reputation Based Rights Management in Product Development Collaboration." In ASME 2011 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. ASMEDC, 2011. http://dx.doi.org/10.1115/detc2011-47825.

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In times of globalization the importance of cross-company collaboration has significantly increased. An appropriate example is the automotive industry where Original Equipment Manufacturers (OEM) need to collaborate with several globally distributed suppliers to develop innovative high-tech cars. In this case, sharing information with the collaboration partner is a complex and risky process for the company but nevertheless an essential factor for development projects to be successful. Knowledge is the most important resource in today’s economy, especially in specific branches [I]. However, the damage caused by industrial espionage and product piracy has continually increased [2]. Thus, the protection of IP (intellectual property) during data exchange within the product development process is challenging and highly depends on trust between the collaboration partners. Usually, rights management in data exchange is mainly based on user groups and roles as well as by objects and projects. This classification does not meet the requirements of rights management in this paper. A new approach is introduced to manage data exchange rights by trust and reputation in product development collaboration.
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Reports on the topic "Rights and duties of the partners"

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Ferreiro, Maria de Fátima. Land and Law: Reciprocal Rights and Duties in Private Property. DINÂMIA'CET-IUL, 2006. http://dx.doi.org/10.7749/dinamiacet-iul.wp.2006.55.

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Uzelac, Ana. The Real Common Interest: The converging EU and North African migration agendas – where do people’s interests come in? Oxfam, October 2020. http://dx.doi.org/10.21201/2020.6553.

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For too long the EU’s migration policies have ignored the priorities of the countries it partners with for the sake of its own border security and domestic priorities. These have permeated the domestic migration and asylum policies of the Maghreb countries it supports, including Tunisia and Morocco, in a convergence of national interests of states, at the cost of people’s interests. The EU’s cooperation with its neighbours should encourage a real common interest: protecting people and fulfilling their rights.
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