918,039 research outputs found

    Relevance Of Justice Value In Legal Protection Of Debtor In The Political Law Of Bankruptcy

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    In its development the business world requires the provision of capital loan services. However, the development of the need for capital in the business world is not balanced with protection for debtors. The existence of Articles 55 and 56 of Act Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the position of debtor protection in the bankruptcy undertaken by a separatist creditor against the creditor becomes weak, this is due to the absence of legal remedies that can be done by the dbitur when bankruptcy has been declared effective against him. Therefore the issues that will be discussed in this journal are the legal protection system for debtors in bankruptcy politics, weaknesses in the legal protection system for debtors in bankruptcy political politics, and issues related to finding solutions through reforming the legal protection system for debtors in bankruptcy politics.The purpose of this research is to analyze the legal protection system for debtors in bankruptcy law politics; to analyze the weaknesses of the legal protection system for debtors in bankruptcy law politics; to find a solution through reforming the legal protection system for debtors in bankruptcy law politics.The research method  used in this paper is a normative juridical approach. As for the research that has been done, it can be concluded that the existence of Article 55 and Article 56 of Act Number 37 of 2004 concerning Bankruptcy and Delaying Obligations of Debt Payment has resulted in injustice to debtors in the implementation of bankruptcy against debtors committed by creditors; So it is necessary to reform the implementation of debtor protection in the implementation of bankruptcy to debtors by the creditor by implementing a system of debtor protection in the implementation of bankruptcy to debtors based on Pancasila. Keywords: Debtor; Justice Value; Legal Protection; Legal Politics; Bankruptcy

    THE RELEVANCE OF INTERNATIONAL LAW IN DEFINING EUROPE'S COMMON SECURITY

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    The central theme of this article is given by the influence that fundamental values and principles of international law have on the construction of the European security policies. These principles are not only abstract, theoretical constructions, lacking legal effects, but represent the expression of the fundamental values underlying the international legal architecture. The basis for placing these values and principles at the center of the common policies is justified by the status of the European Union as a subject of the international law system. The increasing involvement of the EU in fields such as security and defense, democracy and human rights justifies the importance of identifying and highlighting the principles governing the organization and its policies. The recognition of their authority and the de facto application of these principles and norms by the European institutions, in the framework of its external actions and mechanisms, ensure the legality of the organization's activit

    Legal Culture

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    Written for an encyclopedia on European private law, this briefarticle addresses the term legal culture, the relation between law andculture, the relevance of legal culture, legal culture in the nationaland European context, and criticism of the concept

    The New Old Legal Realism

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    Do the decisions of appellate courts matter in the real world? The American judicial system, legal education, and academic scholarship are premised on the view that they do. The authors want to reexamine this question by taking the approach advocated by the original Legal Realists. The current project seeks to add to our knowledge of the relevance of case law by focusing on an area that has received little examination: how pronouncements about employment discrimination law by appellate courts translate into understandings and behavior at the ground level. As our lens, we use evidence of how people talk about the relevance of changes in the law. This new Old Legal Realist perspective suggests that social and economic factors play a more important role than case law in outcomes on the ground. Cases cannot have an impact, if the local social and economic variables are not aligned in a fashion that allows the impact to occur

    Of Wife and the Domestic Servant in the Arab World

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    The author asserts to avoid common misunderstandings on the relevance of Sharia to modern women in the Arab World that a) Shari’s relevance to the lives of modern women in the Arab World has been largely confined to the area of family law, b) in the modern nation state Sharia has been codified, i.e., certain rules derived from Islamic jurisprudence on the family have been selected and passed as laws, each nation state having its own unique combination of such rules, c) the courts and the judges who adjudicate disputes on family law are either secular courts/judges, or judges trained in state-run judiciary institutions with specific instruction on the state-based modern understanding of what Sharia is and d) the code, rather than Quran, the prophetic traditions, or the school of Islamic jurisprudence, is the primary source of the law. The latter constitute secondary sources

    Teaching the third law of thermodynamics

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    This work gives a brief summary of major formulations of the third law of thermodynamics and their implications, including the impossibility of perpetual motion of the third kind. The last sections of this work review more advanced applications of the third law to systems with negative temperatures and negative heat capacities. The relevance of the third law to protecting the arrow of time in general relativity is also discussed. Additional information, which may useful in analysis of the third law, is given in the Appendices. This short review is written to assist lecturers in selecting a strategy for teaching the third law of thermodynamics to engineering and science students. The paper provides a good summary of the various issues associated with the third law, which are typically scattered over numerous research publications and not discussed in standard textbooks.Comment: 22 pages, 5 figure

    Reforming Power of Attorney Law to Protect Alaskan Elders from Financial Exploitation

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    This article discusses the issues arising under the current power of attorney law in Alaska and the impact the law has on Alaskan elders. The Author surveys and summarizes preventative measures set out in the 2006 Uniform Power of Attorney Act (UPOAA), in addition to non-UPOAA reforms adopted in other jurisdictions or suggested by scholars. The Author analyzes the relevance and practicality of the various provisions as applied to Alaska and highlights the major themes that should be considered when reforming the current statute

    Introduction

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    Fordham International Law Journal\u27s special issue on Islamic law includes articles that present a broad variety of themes, from the historical to the contemporary, from the philosophical to the empirical, and from the theoretical to the practical. In light of the generally poor understanding of Islamic law among American lawyers, one can only hope that a publication such as this succeeds in generating greater intellectual curiosity about Islamic law among readers of American law journals. The authors hope that this collection of Articles will lead to renewed interest in Islamic law and theology as intellectually gratifying topics of inquiry in themselves, in addition to any relevance they may or may not have for transient political circumstances. A cardinal virtue of the lawyer is the ability to extract herself from her own circumstances and view a problem from the perspective of another party, oftentimes an adversary. Hopefully, this special issue will help generate further understanding by affording non-experts in Islamic law an opportunity to better comprehend some of the issues engaging Muslim jurists and theologians in this era
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