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Journal articles on the topic 'Rights of aggrieved person'

Author: Grafiati

Published: 28 May 2022

Last updated: 30 July 2025

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1

Ziemianin, Karolina. "Zadośćuczynienie za krzywdę wynikłą ze spowodowania stanu wegetatywnego. Rozważania na tle wyroku Sądu Najwyższego z 16.04.2015 r., I CSK 434/14." Prawo w Działaniu 44 (2020): 186–96. http://dx.doi.org/10.32041/pwd.4409.

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The subject of this article covers three issues: first of all, whether non-pecuniary damage can be done to an unconscious person; secondly, what criteria should be taken into account when determining the amount of compensation and whether the unconsciousness of the aggrieved person increases or decreases the amount of compensation; and thirdly, whether the amount of compensation awarded to an unconscious person affects the granting of compensation to the closest relatives of that person and the amount of such compensation. The Civil Code do not provide direct answers to these questions. The is

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Rogoziński, Piotr. "Restriction of the owner’s right to dispose of and use the owner’s premises in the event of a preventive measure being applied against the owner under Article 275a of the Code of Criminal Procedure." Nieruchomości@ I, no. I (2021): 177–94. http://dx.doi.org/10.5604/01.3001.0014.7657.

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The author discusses the impact of a preventive measure in the form of an order to temporarily vacate premises occupied together with an aggrieved party, imposed upon a person charged with a violent offence committed to the detriment of the cohabiting person, on the exercise of civil-law rights to the premises by the said accused, in particular when the accused is the owner of the premises. The individual rights jointly constituting the property ownership right are analysed in the context of a preventive measure referred to in Article 275a of the Code of Criminal Procedure. The meaning of the

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Bitė, Virginijus, and Žygimantas Narkevičius. "Pre–Emption Right of Shareholders to Purchase Shares for Sale in Private Limited Liability Companies: The Problematic Legal Remedies." Verslas: Teorija ir Praktika 17, no. 2 (2016): 150–58. http://dx.doi.org/10.3846/btp.2016.628.

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This article analyses the problems that can arise when implementing the rights of shareholders in private limited liability companies to purchase the shares of another shareholder being for sale in priority to others and the possible legal remedies for violated rights. According to the practice of the Lithuanian Supreme Court, the rights of the buyer cannot be assigned to a private limited liability company shareholder whose pre-emption right to purchase the shares being for sale has been breached. However, in this article it is being argued that perhaps in certain exceptional cases, in order

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Bitė, Virginijus, and Žygimantas Narkevičius. "Pre–Emption Right of Shareholders to Purchase Shares for Sale in Private Limited Liability Companies: The Problematic Legal Remedies." Business: Theory and Practice 17, no. (2) (2016): 150–58. https://doi.org/10.3846/btp.2016.628.

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This article analyses the problems that can arise when implementing the rights of shareholders in private limited liability companies to purchase the shares of another shareholder being for sale in priority to others and the possible legal remedies for violated rights. According to the practice of the Lithuanian Supreme Court, the rights of the buyer cannot be assigned to a private limited liability company shareholder whose pre-emption right to purchase the shares being for sale has been breached. However, in this article it is being argued that perhaps in certain exceptional cases, in order

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5

Kmieciak, Błażej. "The role of psychopedagogy : the development of understanding of the child." European Integration Studies 20, no. 1 (2024): 115–38. https://doi.org/10.46941/2024.1.5.

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The discussion on human rights always refers to the relationship between a person and a specific authority. The rights of a given person are the element that is supposed to allow them to effectively demand their own dignity, in particular in a situation in which they experience a specific injustice. The harm felt is most often caused by a clear disproportion between the rule of a specific institution or ruler and the capabilities of a person. That is why we talk, for example, about the need to guarantee the rights of a patient in a situation where a hospital or educated doctors make the patien

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Titis Giriarti, Tri Lisiani Prihatinah, and Sri Wahyu Handayani. "The Validity of The Sale And Purchase Deed Was Not Signed in The Presence of Land Deed Officer." Jurnal Hukum dan Kenotariatan 7, no. 3 (2023): 197–212. http://dx.doi.org/10.33474/hukeno.v7i3.20844.

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The sale and purchase deed is proof that the sale and purchase process has been carried out regarding land rights or ownership rights to apartment units made by land deed officer. In making sale and purchase deed is must be attended by the parties carrying out the legal action concerned or their authorized person and land deed officer. The problem raised in this research is the validity of the sale and purchase deed whose signing was not in the presence the land deed officer. The research aims to analyze the validity of deeds of sale not executed in the presence of a land deed officer and the

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Saredau, Daniel P., and Ujong Bassey Okpa. "Wrongful Interference of Police in Civil Transactions and the Remedies for Aggrieved Persons." ABUAD Law Journal 10, no. 1 (2022): 26–43. http://dx.doi.org/10.53982/alj.2022.1001.02-j.

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Though established under section 214 of the 1999 Constitution of the Federal Republic of Nigeria, the provisions on the functions, powers, administration, and structure of the Nigeria Police Force are as contained in the Nigeria Police Act, 2020. But, despite section 32(2) of the Police Act and section 8(2) of the Administration of Criminal Justice Act (2015) providing that a person shall not be arrested merely on a civil wrong or breach of contract, and the plethora of judicial authorities deprecating this practice, there continues to be a swash of cases in which the police meddle with civil

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Zasada, Jarosław. "Etyka zawodowa likwidatora szkód w towarzystwie ubezpieczeniowym." Annales. Etyka w Życiu Gospodarczym 14, no. 2 (2011): 139–45. http://dx.doi.org/10.18778/1899-2226.14.2.13.

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The subject of this abstract is the description of professional ethics of a damage adjuster in an insurance company. The work of a damage adjuster in a financial institution is more than looking after the profit of the company which goes to the company shareholders. The job is very often regarded as a position of public trust. When the aggrieved parties report a damage to an insurance company they not only entrust their personal data, which are protected by law, but they also reveal confidential information like medical records, their income and important personal documentation. Reporting a da

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9

Ujhelyi-Gyurán, Ildikó, Zsófia Lele, and Sarolta Pártay-Czap. "Locus standi in administrative proceedings concerning environment protection, in the case law of the CJEU and the ECtHR." Journal of Agricultural and Environmental Law = Agrár- és Környezetjog 19, no. 36 (2024): 203–24. http://dx.doi.org/10.21029/jael.2024.36.203.

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Effective legal protection against the unlawfulness of administrative acts is essentially achieved if the aggrieved party has some form of legal remedy to enforce his/her rights. This remedy may be at the stage of the administrative procedure, however, in some cases it may achieve its real purpose only through judicial means. The right to a fair hearing is closely linked to the right to remedy, which means the possibility of simultaneously appealing to another body or to a higher forum within the same organization regarding decisions on the merits. An essential element of all remedies is the p

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Permana, Deni Yusup, Gusti Yosi Andri, and Endang Sutrisno. "CONTRACTING AGREEMENT: LAWSUIT FOR DEFAULT OR UNLAWFUL ACTION?" HERMENEUTIKA : Jurnal Ilmu Hukum 8, no. 1 (2024): 19–26. https://doi.org/10.33603/8pnwds69.

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The legal relationship between the contractor and the employer creates reciprocal rights and obligations. Civil Law regulates this relationship under the name of a work contracting agreement, which can be made orally or in writing. Those who feel aggrieved can sue legally, either by filing a lawsuit for unlawful acts (PMH) or breach of contract (WP). However, it is necessary to pay attention to whether the lawsuit is really PMH or WP, as in the two judge's decisions which rejected each lawsuit, thus arousing the author's attention to find out more about the contracting agreement. The method us

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Husin, Anis Mashdurohatun, and Mahmutarom HR. "IDEAL CONSTRUCTION OF DIRECTORS’ RESPONSIBILITY REGULATION AS AN ORGAN OF A LIMITED COMPANY BASED ON JUSTICE VALUE." International Journal of Research in Commerce and Management Studies 05, no. 02 (2023): 140–58. http://dx.doi.org/10.38193/ijrcms.2023.5209.

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The responsibility of the directors as a limited liability company organ of justice is related to legal protection of third parties in the event that the directors commit ultra vires actions which can give rise to the rights of the aggrieved party to act or demand compensation, including recovery efforts aiming to restore the rights of the aggrieved party, but this is not strictly regulated if the action This also provides benefits to the company, and settlement if the directors who are burdened with personal responsibility do not have sufficient wealth to restore the rights of the aggrieved p

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12

Neamt, Valentin Paul. "Member States’ liability for judicial error resulting in breaches of European Union Law." Journal of Legal Studies 17, no. 31 (2016): 64–76. http://dx.doi.org/10.1515/jles-2016-0007.

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Abstract This paper presents the remedies available to persons whose European law rights have been infringed by judgments given by national Courts. The paper firsts presents the concept of state liability for judicial errors in relation to European law, as it stems from the case-law of the Court of Justice of the European Union, then goes on to show how the European Court of Human Rights may give redress to such aggrieved parties. Finally, it discusses the differences in the possibility of redress given by the two courts and the compatibility between their approaches, finally leading to a disc

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Ternavska, V. M. "Legal status of persons affected by the military aggression of the Russian Federation against Ukraine (constitutional and legal aspect)." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 1, 2022): 331–39. http://dx.doi.org/10.33663/2524-017x-2022-13-53.

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Ukraine as a social, legal state forms the national external and internal policy on the basis of guaranteeing and unconditional provision of rights and freedoms of man and citizen, proclaimed by the Constitution of Ukraine. At the same time, certain categories of citizens today need special state support because of the military aggression of the Russian Federation against Ukraine. This issue has heightened social and legal significance because the number of persons who lost their property, became the victims of physical and psychological torture, sexual violence in the result of war crimes com

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Iemets, I. O. "Representation of an aggrieved legal entity that has suffered damage as a result of a criminal offence at the stage of pre-trial investigation." Bulletin of Kharkiv National University of Internal Affairs 107, no. 4 (2024): 164–74. https://doi.org/10.32631/v.2024.4.15.

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The article defines the concept and essence of representation of a legal entity in respect of which a criminal offence or a socially dangerous act has been committed. It is proposed that representation of a legal entity in respect of which a criminal offence or a socially dangerous act has been committed should be understood as a type of procedural activity of a legally authorized entity whose powers are duly certified and consist in ensuring the exercise of rights and obligations of this legal entity. It is determined that the essence of the activities of a legal entity's representative corre

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15

Indah Lestari, Ratna, Nur Wulan Suci, and Eka Maisara Amalia. "Perlindungan Hukum Terhadap Konsumen Yang Terlibat Dalam Transaksi Jual Beli Pada Media Sosial Instagram." Jurnal Analisis Hukum 5, no. 2 (2022): 189–202. http://dx.doi.org/10.38043/jah.v5i2.3621.

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In online buying and selling, it can be known as e-commerce, with e-commerce, sellers and buyers can carry out transactions without meeting in person. This study aims to determine legal protection, dispute resolution and rights received by consumers in buying and selling transactions on online media. In this study the authors used empirical research methods. The data taken in the form of secondary and primary data, secondary data obtained from interviews of two informants who have cases related to purchases on Instagram social media. Primary data were obtained from Civil Laws, literature studi

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16

Sándor, István. "The system of grounds for invalidity in Hungarian private law." European Integration Studies 18, no. 2 (2022): 48–60. http://dx.doi.org/10.46941/2022.e2.48-60.

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The study analyses the system of grounds for invalidity that has developed in Hungarian private law. One of the starting points is the distinction between nullity and contestability, which distinguishes, depending on the gravity of the error in the contract, between ipso iure invalidity (nullity) and invalidity, depending on the juridical act of the aggrieved party or person with legal interest. The other systematisation aspect was based on the dogmatic triad of conditions of validity, so it was grouped according to the error of contractual intention, the error in the contractual juridical act

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Kurnianda, Aqsa Januar Widi. "Legal Cancellation of Property Rights Certificate to Land which is Enough with Insurance Rights." Sultan Agung Notary Law Review 3, no. 3 (2021): 973. http://dx.doi.org/10.30659/sanlar.3.3.973-985.

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If observed, the provisions of Article 32 paragraph (1) of the PP on Land Registration have weaknesses, where the state does not guarantee the truth of the physical data and juridical data presented and there is no guarantee for the certificate owner because at any time they will get a lawsuit from other parties who feel aggrieved over issuance of certificate. And if it turns out that in the future the land rights are disputed and the mortgage giver is declared not as the person / party entitled to the land, which will thus have implications for the mortgage that burdens the land rights. This

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18

Bawono, Bambang Tri. "RESTITUTION RIGHTS AS A CONSTRUCTION OF JUSTICE REFERRING TO THE LAW ON PROTECTION OF WITNESSES AND VICTIMS." International Journal of Law Reconstruction 5, no. 1 (2021): 25. http://dx.doi.org/10.26532/ijlr.v5i1.15321.

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This study aims to determine the effectiveness of restitution rights regulations for witnesses and victims based on Law No. 31 of 2014 concerning Amendments to Law No. 13 of 2006 concerning Protection of Witnesses and Victims. The provision of restitution which is the right of victims is often neglected, so that victims in their capacity as the aggrieved party do not get the rights that should be as stipulated in legislation. Based on this, this research emphasizes more on the factors that cause the ineffectiveness of regulations regarding restitution rights, as well as how efforts should be m

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19

Abu Shkhidem, Rasha, and Osayed Awawdeh. "Civil Compensation for Cyber Crimes of Slander and Denigration." Hebron University Research Journal (HURJ): B- (Humanities) 19, no. 1 (2024): 225–73. http://dx.doi.org/10.60138/50191202410.

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Crimes of slander and denigration committed via social media have developed with the advancement of social media; hence it has become easy to commit such crimes using communication sites such as Facebook, Twitter, etc. These crimes have spread through these sites by perpetrators posting information that are disgraceful and discrediting towards others. To counter this crime, the Palestinian legislature established a legal system that could hold the accountable and impose the maximum penalties on them. Moreover, the law has provided the aggrieved person with the right to file a lawsuit before th

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20

Ahmad, Muhammad Mushtaq. "Revisiting the Discourse on Islam and Human Rights." Kardan Journal of Social Sciences and Humanities 1, no. 1 (2018): 92–99. https://doi.org/10.5281/zenodo.6637076.

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Secular humanism has an altogether different worldview from that of Islam. The two are, rather, polls apart. Muslim jurists derive all laws from the Covenant that each and every human being concluded with Allah.<sup>1</sup> They call it dhimmah and attach all obligations to this dhimmah (ﯽ اﻟﺬﻣـﺖ ﻓـ ﺛﺒ is the phrase they generally use).  This dhimmah gives legal capacity to human beings which is of two kinds: capacity for acquisition of obligation (ﻮب ﻮﺟاﻟ  اﮬﻠﯿ) and capacity for performance (داءاﮬﻠﯿــ اﻻ). The basis (ﺎطﻣﻨـ) for the former is “being human” (ﺎﻧﯿاﻧﺴـ), whil

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Stinson, Philip Matthew, and Steven L. Brewer. "Federal Civil Rights Litigation Pursuant to 42 U.S.C. §1983 as a Correlate of Police Crime." Criminal Justice Policy Review 30, no. 2 (2016): 223–53. http://dx.doi.org/10.1177/0887403416664115.

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The Civil Rights Act of 1871 (codified at 42 U.S.C. §1983 and commonly referred to as Section 1983) provides a civil remedy for aggrieved persons to sue state actors who under the color of law violate federally protected rights. Since the 1960s, there has been an explosion of Section 1983 litigation in the federal courts against police officers and their employing municipal and county agencies. Due to a lack of official statistics and poor methodologies, research has yet to determine how common Section 1983 actions are against the police nationwide. This study examines the relationship between

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Edirisinghe, E. A. D. Anusha. "Policing in Domestic Violence Act in Sri Lanka." International Journal For Multidisciplinary Research 04, no. 04 (2022): 488–96. http://dx.doi.org/10.36948/ijfmr.2022.v04i04.055.

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Domestic violence is a critical human rights violation under international legal norms because of the serious social problems caused by its symptoms and characteristics (United Nations, 1989). In response to this issue, domestic law of Sri Lanka provides for a legal framework that includes the prevention of particular thing that perpetrators do. It guarantees non-discrimination in connection with acts of domestic violence and protection of individuals. The primary agency which assists co-ordination and monitoring of action against abuse and violence in Sri Lanka is the Police Department. Since

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Olga Sitarz and Anna Sołtysiak-Blachnik. "Wiktymologiczny obraz handlu ludźmi i niewolnictwa na tle prawa międzynarodowego i polskiego prawa karnego." Archives of Criminology, no. XXVIII (January 29, 2006): 367–74. http://dx.doi.org/10.7420/ak2005-2006x.

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In order to understand the essence of the crime, two issues have to be taken into account: not only do we analyse features of the perpetrator, but also the victim’s behaviour. Both measures have to be recognised in the light of their mutual relations. In such a case, victimology is instrumental for criminology. It answers the fundamental question: who and why becomes a victim of a crime? It is victimology that draws our attention to a post-crime victimisation problem in the psychological, social and legal aspects. These issues are particularly vital in the case of human trafficking. First, the

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Harahap, Ain Zahrona, Habibi Habibi, and Risalan Basri Harahap. "Perspektif Hukum Pidana Islam Terhadap Tanggung Jawab Pemilik Ternak." Jurnal El-Thawalib 5, no. 2 (2024): 133–43. https://doi.org/10.24952/el-thawalib.v5i2.13133.

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The problem in this study is the responsibility of livestock owners for damage caused by their livestock, in (Sobar Village, Padang Bolak Julu District). Basically, everyone who owns and maintains livestock has full rights and obligations towards their livestock, for the damage caused by these livestock. In the case of damage caused by livestock, the owner of the livestock is obliged to provide compensation to the aggrieved party. This is in accordance with the positive law contained in article 1368 of the Civil Code and in Islamic law contained in surah Al-Baqarah verse 205 and the same is th

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Khalid Al-Qheiwi, Mohammad Ashraf, and Ahmad Khleif Al-Dmour. "The right of the victim to reverse on Compensation in Jordanian Civil Law." Journal of the Arabian Peninsula Center for Educational and Humanity Researches 2, no. 15 (2022): 140–62. http://dx.doi.org/10.56793/pcra2213157.

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The damage caused to the direct victim may be reflected on other people associated with them by a reversal, which is often a parents association, so that, under certain conditions, the victim has the right to seek compensation for the damage suffered directly by the damage person, whether the damage caused to them material and moral. However, it should be noted that those affected by a reversal are entitled to claim compensation for literary damage in the event of the death of their relative only, so that their claim is based on the inadequate responsibility rather than the contractual respons

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Dey, Deblina. "A Socio-Legal Analysis of Elder Care Laws in India." Theoretical Inquiries in Law 21, no. 1 (2020): 77–102. http://dx.doi.org/10.1515/til-2020-0005.

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AbstractCare for older persons in India is considered to be the prerogative of the family, particularly the adult children. The legal and policy discourse reiterates this notion as well. In a country that glorifies the notion of filial piety, one finds a rising number of instances of parental neglect and abuse over the last decade. Against this background, it is important to revisit the existing laws, especially the Maintenance and Welfare of Parents and Senior Citizens Act (2007) which aims to provide relief to aggrieved parents and senior citizens. In this Article, I analyse the relevant law

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Beran, Karel, and David Elischer. "Has ‘Strict Liability’ Given Way to a General ‘Duty to Compensate Harm’ in Czech Law?" Review of Central and East European Law 44, no. 1 (2019): 58–90. http://dx.doi.org/10.1163/15730352-04401003.

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According to the new Civil Code, adopted in the Czech Republic in 2012 (“2012 Civil Code”), ‘strict liability’ (or ‘no-fault liability’) is no longer considered ‘liability’ in the traditional sense of the term. The declared concept of the Civil Code is based on the premise that the notion of ‘liability’ should be limited only to cases where a person can be held liable based on their culpability (fault). All other cases, denoted by the doctrine as the opposite to ‘fault-based liability’ (or more accurately, liability based on culpable conduct), that is, ‘no-fault’ or ‘strict’ liability, are – i

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Maqsood, Mudassir, and Sana Younas. "Reexamining Domestic Violence: A Study on Male Victims in the Context of Pakistani Legislation." Pakistan Journal of Criminal Justice 4, no. 1 (2024): 39–54. http://dx.doi.org/10.62585/pjcj.v4i1.48.

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This article endeavors to highlight and publicize the misunderstanding and misconception in Pakistani society that the men are always perpetrators of Spousal Violence (SV). It intends to establish that SV is not only wrong against women but also against men but it is not recognized in Pakistani society at its real degree. This study delves deeper into examining the causes and forms of SV by women perpetrator against men as well as the analysis of SV legislation in Pakistan. Analytical Legal research technique is used to collect data regarding SV against men and legislation on SV in Pakistan. D

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Julvina, Julvina, Rufinus Hotmaulana Hutauruk, and Lu Sudirman. "Criminal Law and Civil Law Accountability for the Spread of Fake News in the Digital Era." PAMALI: Pattimura Magister Law Review 5, no. 1 (2025): 50. https://doi.org/10.47268/pamali.v5i1.2352.

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Introduction: Freedom of expression in the digital era without any restrictions indirectly triggers the spread of fake news. The freedom to spread news or broadcasts often transcends legal, cultural and religious boundaries. Therefore, fake news is used as a tool to attack honor and bring down the good name of a person or group.Purposes of the Research: This research aims to analyze criminal and civil law regulations related to the spread of fake news in the digital era in Indonesia.Methods of the Research: Through normative legal research methods, this study examines various relevant regulati

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Verge, Pierre. "La recevabilité de l'action d'intérêt public." Les Cahiers de droit 24, no. 1 (2005): 177–206. http://dx.doi.org/10.7202/042542ar.

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Referring to doctrinal categories, the judicial control of public authorities' actions could be achieved not only through « private actions », directly aimed at protecting the plaintiffs own subjective rights, but also through so-called public interest actions. The latter represent attempts by « public-spirited » citizens or groups of persons to affirm the rule of law with respect to situations in which they cannot be deemed to be personally and directly aggrieved. The extent to which the courts are ready to consider such public interest actions depends on how they conceive the prerequisite of

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Syarif, Mohammad Sahrir, Yusuf M. Said, and Gunawan Nachrawi. "Akibat Wanprestasi yang Dilakukan Penyewa dalam Perjanjian Sewa Menyewa Lahan Bangunan." Syntax Literate ; Jurnal Ilmiah Indonesia 8, no. 9 (2023): 4934–50. http://dx.doi.org/10.36418/syntax-literate.v8i9.13548.

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The relationship between renting and individual is very close because it often occurs in everyday life because people are unable to live without help from other parties such as renting goods that are to other parties. Rent that often occurs in the community is renting a house or building, both for individuals and groups. In renting a house, most parties often make mistakes both on the landlord and the tenant of the house, causing disputes between both parties. The research method used is the normative juridical method, namely research that prioritizes literature data, namely research on second

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Hyde, Carrie. "The Aggrieved Personality of Rights." History of the Present 14, no. 2 (2024): 193–221. http://dx.doi.org/10.1215/21599785-11246987.

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Abstract The refugee is typically understood as a uniquely modern figure, but US refugee debates and legislation are as old as the country. This essay considers how eighteenth-century debates about refugees can defamiliarize and enrich narratives about the US rights tradition that Hannah Arendt and others have developed based on post–World War accounts of refugees. Drawing on the first US refugee act in 1798, the essay moves beyond the iconic universalisms of natural rights and the abstract model of citizenship associated with it by identifying a grievance-based tradition of settler rights cha

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Górnicka, Maria. "Osoba starsza jako pokrzywdzony w postępowaniu przed sądem karnym." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 26 (December 18, 2018): 43–59. http://dx.doi.org/10.19195/1733-5779.26.3.

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Elderly person as an aggrieved party in the criminal court proceedings The aim of this article is to demonstrate that the special regulations concerning the situation of an elderly person as an aggrieved party in the criminal court proceedings are rudimentary and inadequate, so it is worth to have been extended. This will be done at first by drawing attention to the definition and status of the aggrieved elderly person in the criminal court proceedings, and a description of its current permissions divided on a victim without a party status and a victim with a party status. Then the whole is to

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Thani, Shira, Fitria Mardhatillah, and Eko Gani PG. "Legal Consequences Of The Revocation Of Complaints In Domestic Violence Crimes." Proceedings of Malikussaleh International Conference on Law, Legal Studies and Social Science (MICoLLS) 2 (December 27, 2022): 00026. http://dx.doi.org/10.29103/micolls.v2i.129.

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According to Article 1 paragraph (1) of the UUPKDRT domestic violence is any act against a person, especially a woman, which results in the emergence of misery or suffering within the scope of the household. Domestic violence is commonly referred to as a hidden crime that has taken many victims from all walks of life. Some forms of criminal acts regulated in the UUPKDRT are complaints. Complaints are the right of the victim to be prosecuted or not to be prosecuted because it concerns the interests of the victim. Thepurpose of the complaint is to protect the aggrieved party and provide an oppor

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Konrad Buczkowski. "Koncepcja kryminalizacji migracji a przepisy ustawy o działaniach antyterrorystycznych." Archives of Criminology, no. XXXVIII (January 1, 2016): 15–27. http://dx.doi.org/10.7420/ak2016b.

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The paper addresses the issues related to the concepts of criminalizing migration as encountered in the literature, and their practical application in constructing the legislation on foreign nationals, including Polish nationals, in particular consideration of the provisions of the Anti-Terrorist Operations Act of June 10, 2016. Migration processes are inherently related to the functioning of societies. It is estimated that currently as a result of migration, ca. 120 million people live in countries other than those in which they were born. The past century was marked by a series of events tha

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Pilarczyk, Łukasz. "Entities Entitled to File A Request for Prosecution of the Criminal Offence of Punishable Mismanagement Without Damage – Assessment of the Amendment to Article 296 § 4A of the Penal Code." Ius Novum 19, no. 1 (2025): 59–80. https://doi.org/10.2478/in-2025-0005.

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Abstract This article analyses the amendment to Article 296 § 4a of the Penal Code, which broadened the circle of entities that may file a request for prosecution of the criminal offence of punishable mismanagement without damage. Prior to the amendment, only the aggrieved party had such a right, but now it is also available to a partner, shareholder, or stockholder of the aggrieved company or a member of the aggrieved cooperative. The purpose of this analysis is to assess whether this amendment was actually necessary and whether its introduction aligns with the principle of subsidiarity in cr

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Azhar, Ikhsan. "KEBERADAAN PIHAK KETIGA WUJUD KEADILAN HUKUM DALAM GUGATAN PENGADILAN TATA USAHA NEGARA." Jurnal Yudisial 14, no. 3 (2022): 355. http://dx.doi.org/10.29123/jy.v14i3.494.

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ABSTRAKKeberadaan pihak ketiga sebagai pihak pengaju gugatan perkara tata usaha negara merupakan wujud keadilan yang tidak berkepastian di dalam lingkup hukum tata usaha negara. Dikatakan demikian karena di dalam ketentuan Pasal 55 Undang-Undang Nomor 5 Tahun 1986 tentang Peradilan Tata Usaha Negara, Pasal 1 angka 3 Undang-Undang Nomor 5 Tahun 1986 jo. Pasal 1 angka 9 Undang-Undang Nomor 51 Tahun 2009, Pasal 1 angka 4 Undang-Undang Nomor 5 Tahun 1986 jo. Pasal 1 angka 10 Undang-Undang Nomor 51 Tahun 2009, dan Pasal 53 ayat (1) Undang-Undang Nomor 5 Tahun 1986 tidak ditemukan satu norma yang me

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Zhang, Janet, and Steven M. Bellovin. "Preventing Intimate Image Abuse Via Privacy-Preserving Credentials." SMU Science and Technology Law Review 26, no. 2 (2023): 149. http://dx.doi.org/10.25172/smustlr.26.2.2.

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The problem of non-consensual pornography (“NCP”), sometimes known as intimate image abuse or revenge porn, is well known. Despite its distribution being illegal in most states, it remains a serious problem, if only because it is often difficult to prove who uploaded the pictures. Furthermore, the Federal statute commonly known as Section 230 generally protects Internet sites, such as PornHub, from liability for content created by their users; only the users are liable, not the sites. One obvious countermeasure would be to require Internet sites to strongly authenticate their users, but this i

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Katsikis, Dimitrios. "Breach of the agreement to arbitrate due to third party conduct." Arbitration International 37, no. 1 (2021): 97–119. http://dx.doi.org/10.1093/arbint/aiab001.

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Abstract It is widely accepted, especially in common law jurisdictions, that foreign proceedings may give rise to a breach of the agreement to arbitrate, entitling the aggrieved party to damages and specific performance. In the vast majority of cases, foreign proceedings amounting to a breach of the agreement to arbitrate are initiated by a party bound by that agreement. This article explores whether foreign proceedings are in breach of the agreement to arbitrate even when these are commenced by a person not party to that agreement (a ‘third party’), a question that has received little to no d

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Andrianov, M. S. "Psychology of Participants in Criminal Proceedings: the Coping-Strategy of the Aggrieved Party." Psychology and Law 11, no. 2 (2021): 178–92. http://dx.doi.org/10.17759/psylaw.2021110213.

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The article substantiates the need to develop a theory of the psychology of the aggrieved party - an important participant in criminal proceedings. When analysing that person's behavior during criminal proceedings it is suggested to use the concept of "coping behavior", serving as a specific psychological mechanism and a manifestation of a general process of individual self-regulation of activity, that is, the means of conscious adaptation, seeking for personality attitude and reasoned sequence of certain actions to overcome the traumatic circumstances. The major types of strategies for coping

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Son, Le Truong, and Nguyen Xuan Quang. "Fault is Not a Condition for Determination of Liability for Non-Contractual Damage -A Development in Human Rights Protection in Vietnam." Vietnamese Journal of Legal Sciences 8, no. 1 (2023): 99–109. http://dx.doi.org/10.2478/vjls-2023-0005.

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Abstract Liability to compensate for non-contractual damage is an important regulation in the Civil Code. Vietnam has developed and promulgated the law on compensation for damage to quickly and promptly remedy damage to the aggrieved subject. One of the factors is that the 2015 Civil Code does not stipulate that fault is a condition giving rise to compensation liability, thereby thoroughly protecting human rights, the rights of individuals and organizations in civil relations in Vietnam. This article analyzes the above issue.

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Goymour, Amy. "PROPRIETARY CLAIMS AND HUMAN RIGHTS—A “RESERVOIR OF ENTITLEMENT”?" Cambridge Law Journal 65, no. 3 (2006): 696–720. http://dx.doi.org/10.1017/s0008197306007276.

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TWO important decisions have recently considered the effect of human rights law on domestic property law: Kay v. Lambeth L.B.C.; Leeds C.C. v. Price, and J.A. Pye (Oxford) Ltd. v. United Kingdom. In each case, the claimant brought a domestic proprietary claim, one successfully, the other unsuccessfully, against a defendant. The aggrieved party argued that the domestic legal outcome conflicted with his rights under the European Convention on Human Rights. In each case, the court had to decide whether the Convention had indeed been infringed by the bringing of a proprietary claim and, if so, wha

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Fitrawadi Nst, Erizka. "PELAKSANAAN PENCATATAN BLOKIR HAK ATAS TANAH PADA BUKU TANAH OLEH BUKAN PEMEGANG HAK DI KANTOR PERTANAHAN KABUPATEN PASAMAN BARAT." UNES Law Review 3, no. 4 (2021): 418–27. http://dx.doi.org/10.31933/unesrev.v3i4.204.

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Block registration is an administrative action of the Head of the Land Office or an appointed official to determine the status quo (freezing) of temporary land rights against legal actions and legal events on the land. The owner of the certificate can be the aggrieved party when there is another party who requests the blocking of the certificate of land book while the requesting party does not have rights to the entire value of the land contained in the certificate for which the blocking is requested. At the Land Office of West Pasaman Regency, every year they receive requests for registration

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Nwafor, Anthony. "Protection of shareholders class rights in company law." International Journal of Law and Management 63, no. 5 (2021): 517–34. http://dx.doi.org/10.1108/ijlma-11-2020-0288.

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Purpose A company that is registered with share capital may issue different classes of shares and may confer rights on members, which place them in different classes in the company’s organisational structure. This paper is concerned with the propensity for encroachment on such vested class rights as companies strive to wriggle out of business challenges spawn by the COVID-19 pandemic. The purpose of this study is to ascertain the extent of protection that the law accords to the different classes of shareholders and members in a company especially when the company seeks to vary the vested class

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Al Hafiz, M., and Sukirno Sukirno. "Compensation in the Termination of Agreement Due to Breach of Contract." International Journal of Multi Discipline Science (IJ-MDS) 7, no. 1 (2024): 36. http://dx.doi.org/10.26737/ij-mds.v7i1.4600.

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<em>In the execution of an agreement, there are cases where parties are unable to fulfil their rights and obligations as agreed, resulting in a breach of contract, known as "wanprestasi" in Indonesian law. Breach of contract can be a cause for terminating the agreement, as stipulated in Article 1266 of the Civil Code (Kitab Undang-Undang Hukum Perdata). The termination of an agreement due to a breach of contract has legal consequences, and the parties involved can claim their rights resulting from the cancellation, including the right to seek compensation for the losses suffered. This re

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PUTRA, I. MADE DIYAMA, TITIN TITAWATI, ALINE FEBRIYANI L, and GDE TUSAN ARDIKA. "PERLINDUNGAN HUKUM BAGI PEMEGANG HAK MEREK DI INDONESIA." GANEC SWARA 16, no. 2 (2022): 1739. http://dx.doi.org/10.35327/gara.v16i2.340.

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This study aims to examine and analyze how legal protection and legal remedies can be carried out by trademark rights holders who feel aggrieved. This research uses a form of normative legal research, namely research based on written legislation and various related literature. with the problems that will be discussed in this study.The form of legal protection for trademark rights holders is the existence of Law Number 20 of 2016 concerning Marks and Geographical Indications (UU MIG), and Permenkumham Number 67 of 2016 which regulates trademark registration. harmed is a. Mark rights holders may

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Lo, Edmund, Elviro Bintang, Davina Chiesa, and Jeane Neltje Saly. "Legal Protection Against Aggrieved Parties in Customary Land Theft in Indonesia." QISTINA: Jurnal Multidisiplin Indonesia 2, no. 2 (2023): 917–22. http://dx.doi.org/10.57235/qistina.v2i2.830.

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Current land disputes in Indonesia are not new. This land dispute has been going on for decades. The causes of land disputes such as land theft are generally due to the increasing demand and need for land. Behavior that is detrimental to indigenous peoples includes events against the law. Therefore, research is needed entitled Legal Protection for Affected Parties in the Theft of Customary Land in Indonesia. The research method used is empirical research, namely a type of legal research that aims to determine the position of law and see the law in reality that applies in society. Research in t

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Soeparna, Intan Innayatun. "THE IMPACT OF THE WTO RETALIATION FROM THE PERSPECTIVE OF HUMAN RIGHTS LAW." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 20, no. 3 (2008): 573. http://dx.doi.org/10.22146/jmh.16290.

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World Trade Organization (WTO) dispute settlement system through Panel and Appellate Body, allows sanction to be imposed when a member is unwilling to bring a WTO-inconsistent trade measure into conformity. According to the Article 22 of Dispute Settlement Understanding (DSU), if in a certain case WTO Panel finds a party has failed to make new policy in compliance with the WTO rules, the aggrieved party is entitled to obtain retaliation. The WTO retaliation emerges negative impact for some countries in particular developing or small economic countries. This impact denotes the violation of inte

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Biddulph, Sarah. "Review of Police Powers of Administrative Detention in the People's Republic of China." Crime & Delinquency 39, no. 3 (1993): 337–54. http://dx.doi.org/10.1177/0011128793039003005.

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This article illustrates the ways in which the legislative regimes for the imposition of sanctions of administrative detention give broad and vaguely defined powers to the police in the People's Republic of China. The research found that most legislation gave police wide discretion to exercise their powers and, in particular, to determine whether certain conduct merited the detention of the person. While processes to review such police actions have been legally established, they tend to be limited in scope. For the most part, the person aggrieved by the administrative action has limited capaci

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RYABZIN, R. A. "PROPERTY RIGHTS AS SUBJECTIVE CIVIL RIGHTS." Gaps in Russian Legislation 17, no. 7 (2024): 57–66. https://doi.org/10.33693/2072-3164-2024-17-7-057-066.

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The article is devoted to the analysis of the legal category of property rights, considered as subjective civil rights. The author focuses on the study of the general category of subjective civil rights. It is noted that the prevailing point of view in the doctrine is the understanding of subjective civil rights as a measure of possible (permissible) behavior of an authorized person. However, this is not the only position of scientists. In particular, many scientists reveal the legal nature of the concept under consideration through the possibility of demanding certain behavior from an obligat

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