Civil Law Commons^™

Efektivitas Alat Bukti Dalam Pembuktian Suatu Perjanjian Lisan, Aaron Pietter

Lex Patrimonium

Verbal agreement is something that cannot be separated in our daily life. It is confirmed that in every moment we always make a verbal agreement consciously or unconsciously. Within the scope of the court, verbal agreement is also used by the parties to prove their arguments so they can earn their rights and fullfill the other party obligations. Compared to the other type of evidence, verbal agreement have its own power and effectiveness level when being used as a legitive evidence before the court. To observe about the application and effectiveness of a verbal agreement as a legitive evidence before …

Perlindungan Hukum Bagi Kreditur Dalam Eksekusi Perjanjian Kredit Dengan Jaminan Hak Tanggungan, Muhammad Affandi

Lex Patrimonium

One of the guarantees in the credit agreement is a mortgage guarantee, where in the mortgage guarantee agreement, the assets guaranteed by the debtor to be used as collateral are land rights which can be in the form of buildings, plants, and works that already exist or will exist which are one unit with the land, and which belongs to the holder of the land rights whose burden is expressly stated in the Deed of Granting Mortgage concerned. From this study, the author aims to examine how legal protection for creditors in the execution of credit agreements with collateral rights …

Perlindungan Hukum Kreditur Terhadap Peralihan Jaminan Hak Tanggungan Dalam Jual Beli Piutang Melalui Cessie (Studi Kasus: Putusan Pengadilan Negeri Nomor 79/Pdt.G/2019 Pn Tab Dan Putusan Peninjauan Kembali Nomor 754 Pk/Pdt/2011), Vanessa Maurizkha

Lex Patrimonium

Banks act as creditors for selling receivables through a cessie to credit. Problems that arise after the transfer of receivables are identical to the relevance of the validity of the cessie to the mortgage guarantee transfer stipulated in the main agreement. There are differences in the legal concequences in each conditions. The problems discussed in this research are the mechanism through a cessie in conventional banks according to Indonesian law, the development of the regulation on registration of transfer of mortgage, and the legal consequences of the act (cessie) on objects of mortgage guarantee based on the District Court Decision …

Tinjauan Yuridis Pengesahan Anak Luar Kawin Yang Dicatatkan Setelah Ayah Dari Anak Meninggal Dunia (Studi Kasus: Penetapan Pengadilan Negeri Jakarta Pusat Nomor: 36/Pdt.P/2020/Pn.Jkt.Pst.), Devina Delfian

Lex Patrimonium

The birth of a child from an unregistered polygamous marriage according to the prevailing laws is a juridical phenomenon that cannot be denied. As the part of legal events, unregistered polygamous marriages can bring further legal consequences to children born out of wedlock, which in law children born out of wedlock have a lower position than children born from legal marriages. Because of these differences, the law provides a solution for children born out of wedlock to have the same legal status as children born from legal marriages, namely through child legalization. This research will be continued by focusing on …

Perlawanan Pihak Ketiga Sebagai Pemilik Benda Terhadap Benda Yang Dijadikan Jaminan Fidusia Tanpa Persetujuan Pemilik Benda (Studi Kasus: Putusan Mahkamah Agung 1012 K/Pdt/2021), Aditya Nabilah Lubis

Lex Patrimonium

Property rights that have been specifically and comprehensively regulated in the Civil Code in Indonesia give the impression that the principle of property rights has been perfectly regulated, but in practice there are still gaps in the owner's rights to objects that are guaranteed not being protected properly. This thesis will discuss the problems caused by objects that are used as fiduciary guarantees in a credit agreement without the knowledge of the owner of the object (by committing fraud) as well as legal protection that can be given to the owner of the object and creditors who receive fiduciary guarantees …

Analisis Terhadap Kesepakatan Lisan Untuk Menjalankan Waralaba Sesuai Dengan Perjanjian Waralaba Yang Telah Berakhir (Studi Kasus Putusan Nomor 52/Pdt.G/2019 Jo. Putusan Nomor 396/Pdt/2021/Pt Dki, Fahira Zahara Ghassani

Lex Patrimonium

Franchising is a business system that makes it easy for entrepreneurs to expand their marketing. Therefore, before running a franchise business, the parties must make a franchise agreement that aims to protect the interests of the parties properly. A franchise agreement made in written form can be the basis or evidence if one of the parties defaults. However, there are still franchise businesses that make agreements in the form of unwritten or verbal actors, even though PP 42/2007 and Permendag 71/2019 require written agreements. This is what becomes between the franchisor and the franchisees involved in the franchise business as …

"Pemanfaatan Barang Milik Daerah Kabupaten Penajam Paser Utara (Studi Kasus Penyerahan Pengelolaan Sisi Darat Pelabuhan Buluminung)", Melindya Santoso Putri

Lex Patrimonium

The Regent as the Regional Head in the North Penajam Paser Regency should carry out Regional Property Management (BMD). With the existence of five forms of utilization in the form of rental, borrowing, utilization cooperation, building to handover or building handover, and cooperation in providing infrastructure based on PP 27/2014, PP 28/2020, Permendagri 19/2016, Pemda Penajam Paser North 11/2018. A port is a place consisting of land and or waters with certain boundaries as a place for government and company activities. There is a legal problem, namely in the transition of the Management of the Land Side of the Buluminung …

Perbandingan Hukum Pemutusan Surat Kuasa Secara Sepihak Antara Indonesia Dan Belanda Sebagai Bentuk Wanprestasi (Studi Putusan Nomor 704/Pdt.G2017/Pn.Mdn), Karsten Maruli Rogate Hutauruk

Lex Patrimonium

The power of attorney agreement is commonly found in dealing with a legal problem that carried out by the community, both in Indonesia and the Netherlands. In Indonesia the Power of Attorney Agreement, is regulated in Articles 1823 and 1814 of the Book of Civil Law which states that the Principal could revoke power of attorney at any time, but turns out that in practice there is Power of Attorney that can not be revoked called Irrevocable Power of Attorney. Regulated in the Instruction of the Internal Affairs Minister No. 14/1982 and Government Regulation No. 24 of 1997 that regulate …

Analisis Pencantuman Klausul Kompensasi Dalam Perjanjian Perkawinan Sebagai Implementasi Asas Kebebasan Berkontrak, Dinda Ramadhani

Lex Patrimonium

Marriage agreement is commonly recognized by the society nowadays. Article 29 Subsection (2) of Indonesian Marriage Act only regulate a limitation that the content of marriage agreement can not violate the law, religion, and ethics. There are different kind of opinions regarding whether marriage agreement can only regulate regarding matrimonial assets in accordance with Indonesian civil code or it can regulate in every aspect as long as it does not cross the limitation set by Article 29 Subsection (2). This research analyses about the inclusion of compensation clause in marriage agreement as an implementation of freedom of contract principle. Method …

Pewarisan Akun Digital, Nicolas Mario Gunawan

Lex Patrimonium

The rise of digital growth in this era of globalization has shown the need for adjustments in existing law in society, in relation to problems that may arise from said digital growth. One growth that can be said to have happened rampantly can be seen in the law of property, which has to face a lot of new additions that came due to digital growth, for example in bitcoins, MP3 Files, among many other things. Within said property, there is an item that are of interests due to the uniqueness of it, which is an account. Such uniqueness comes from …

Analisis Perbandingan Hukum Mengenai Tunjangan Pasca Perceraian Di Indonesia, Richard Daniel

Lex Patrimonium

Divorce, one of the many causes of the end of a marital relationship, brings an impact towards the parties bound in the marital relationship, specifically in the economic conditions.Of the many divorce cases present, the wife in the relationship more often experiences economic hardships, due to the fact that their livelihood during the marriage was provided by the husband. Hence, to prevent condition whereas one of the former spouses being burdened because of divorce, it is necesarry to have defined law regarding spousal maintance after divorce. This thesis discusses the law of spousal maintance in Indonesia and compares it with …

Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp., Zachary Lawlor

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Foreclosure In English Law: A Comparative Analytical Study Of Islamic Jurisprudence And Comparative Law, Younis Salah Eddin Ali Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The Foreclosure is considered as the most drastic or draconian remedy, which leads to the extinction of the equitable right of redemption and restoration or recovery of the mortgaged property enjoyed by mortgagor, due to his or her default from repaying the debt secured by mortgaged Property. Which allows the mortgagee to acquire the ownership of the mortgaged Property, after being transferred to him or her. It is also worth-bearing in mind that the foreclosure is considered as an equitable system, imposed by the rules of justice and equity, in order to eliminate the mortgagor's procrastination or default from repaying …

An Analytical Study Of Family Ownership According To Law No. (9) Of 2020 Regulating Family Ownership In The Emirate Of Dubai, Dr. Nasr Aboul Fotouh Farid Hassan

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

In this research, we discussed the Family ownership, which is a type of common property that regulates the rights of the same family members who work together. This family ownership aims to save the money by figuring out the perfect way to invest it. Furthermore, we explained the family ownership contract and the rules that regulate it. We also addressed how to transfer the common ownership, and how to manage the family ownership. We have concluded that, there is a difference in the “family concept” between the “Family Planning Law” in the Emirate of Dubai and that stated in the …

Good Faith In Contract Drafting Stage: A Study In Light Of French, Emirati, And Moroccan Laws, Dr. Ahmed Ed-Drari

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study deals with discussing the general duty of good faith as it establishes the criteria for practicing a reasonable manner of freedom within a framework that does not override the legality of what is imposed by the social system.

There is no doubt that the position of the French legislator who codified what was settled by the French judiciary under the civil law of 1804, so that it stipulated the validity of goodwill in all four stages of the contract, starting from its negotiation, conclusion, implementation, and after its end, as it is considered a restriction on behavior that …

Ensuring Health Security Of (Covid-19) Innovative Vaccines In The Light Of The Algerian And Comparative Legislations, Abid Abdelmoumen

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Although the Corona Virus Pandemic has stimulated Innovation, Research and Development to explore potential Vaccines; however, the expeditious launch of any of these products in the Markets should not be done at the expense of Patient Safety. So, this paper focuses on understanding how Health Laws and Regulations interfere in order to protect the Patients Health Security and peoples who exposed to future (COVID19) Vaccinations, and that's in different Health Systems; we starting with the US health system, passing through the Algerian health system, reached to the European health system.

The Overlapping Between The Contractual Responsibility And The Tortious Responsibility In The Contemporary Systems, Tark Kazim Ageel

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This research deals with the problem of overlapping between rules of contractual liability and those ones of tortious liability when the breach of contact represents at the same time illegitimate act. This problem had been named in jurisprudence as the permissibility of option between the two responsibilities.

We will revisit this problem with novelty through the study of contemporary legal systems point of view from this problem. We will discuss in detail the German, English and French legal laws, comparing them with the Iraqi law to point out the most suitable solutions and the justest ones. May god make our …

The Mechanism For Emergency Conditions In The New French Contract Law, Prof. Adnan Ibrahim Sarhan

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

After long hesitation and constant calls from jurisprudence, the French legislator introduced into his civil law a special mechanism to deal with emergency conditions and their impact on contracts, on the occasion of amending the Obligations and Contracts Law by a decree issued in 2016, as it included this mechanism in Article 1195 of its Civil Code. This article stipulated three conditions for the mechanism to work: That unforeseen circumstances arise at the time of the conclusion of the contract, the contractor did not accept a condition in the contract bearing its risks, and that these circumstances lead to the …

The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani

Indonesia Law Review

Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Since not all states have the financial and technological abilities to develop this sector, foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energies. Various investment agreements are signed to facilitate and promote investments. These instruments …

The Saudi Judge's Discretion In Liquidated Damage Clauses: An Applied Analytical Study In Light Of Islamic Sharia Law, Salman Mufleh R. Al-Kahtani

Maurer Theses and Dissertations

This dissertation studies the treatment by Saudi judges under Islamic Sharia law of liquidated damages clauses in contracts, a critical part of modern commercial transactions.

After introducing the basic and secondary sources of Islamic law and discussing the current treatment of the liquidated damages clause by Saudi judges according to general Islamic rules and the four jurisprudence schools, this dissertation demonstrates that Saudi judges have broad discretion in applying jurisprudence rules, particularly Hanbali jurisprudence, the applicable jurisprudence in the Saudi courts.

Numerous interpretations of the same jurisprudential rule exist, resulting in multiple judicial rulings for the same jurisprudential rule. Among …

Degrees Of Confidence As A Legal Tool To Assess Ai System Liability, Joshua Song

Michigan Technology Law Review

AI systems have become increasingly integrated into our everyday lives, and harms caused by these systems have graduated from raising hypothetical ethical concerns to questions of actual legal liability. Civil liability schemes are generally designed to address harms caused by humans; thus, it may be tempting to analogize new types of harms caused by AI systems to familiar harms caused by humans in order to justify commandeering existing human-centered legal tools to assess AI liability. However, the analogy is inappropriate and misrepresents salient legal differences in how harms are committed by humans and AI systems. Thus, “as is often the …

Creating Broadband Equity In Rural Wisconsin, Brian T. Coe

Marquette Benefits and Social Welfare Law Review

Over 430,000 people throughout the state of Wisconsin cur-rently do not have access to the internet. This "digital divide" is even more prominent in rural communities where broadband is either too slow, too expensive, or simply not available. Wisconsin state law cur-rently restricts local governments from providing this vital utility to their residents. The purpose of this Comment is to help readers un-derstand the impact of Wisconsin law surrounding local government public broadband programs, and how they can be changed to offer a more equitable menu of internet access to rural communities. This Comment will discuss the restrictive statutes that …

No Leave To Grieve: How Misfit Frameworks And America's "Grief Tsunami" Require Better Bereavement Policy, Katherine S. Hanson

Marquette Benefits and Social Welfare Law Review

The COVID-19 pandemic fueled America’s recent death surge: 2021 has become the deadliest year on record in the United States. Scholars and commentators claim that the American workplace re-mains unprepared for the impending “grief tsunami” in the wake of such pervasive loss. Likewise, American law is ill-equipped for workplace grief. Bereavement, while medically “normal,” lacks a substantial foothold in workplace benefits and in the law. Currently, organizations bear the burden of developing their own policies—and where available, these policies remain insufficient to accommodate the myriad logistical and emotional complexities associated with the loss of a loved one. In the event …

Certified Fair Wage®: Utilizing Certification Marks In The Fight Against Wage Theft, Anne E. Parrish

Marquette Benefits and Social Welfare Law Review

This paper argues utilizing certification marks in the fight against wage theft is a powerful consumer-side approach to the wage theft crisis, building public attention, fostering a social norm against wage theft, bolstering current approaches to the crisis, and spurring meaningful political action. Current approaches to the wage theft cri-sis are floundering, and certification marks, a subset of trademarks “used to show . . . goods and[] services . . . meet certain standards,” offer a unique approach to the problem. By highlighting certification marks’ unique attributes, showcasing other labor movements’ suc-cessful adaptation of certification marks, and utilizing a hypothetical …

Equal Opportunity In Remote Learning, Teramie Hill

Marquette Benefits and Social Welfare Law Review

Students with disabilities have always been a marginalized group. During the Covid-19 pandemic, this group was even more vulnerable to discrimination because many students simply could not receive services required to ensure equal opportunity in education. While Congress passed the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities in Education Act in order to ensure students with disabilities are fairly treated in the educational system, remote learning has created complications and more complex issues. Making this issue even more complex, many parents are demanding the end of remote learning while others …

The Feud Of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet And Nemo Dat Quad Non Habet (Nemo Dat Rule) Legal Principles Against The Legal Principle Of Good Faith (Bona Fides) In Indonesian Courts, Yonatan Yonatan, Rosa Agustina

Indonesia Law Review

Abstract

A dispute over ownership of land rights between the real Original Owner and a Good Faith Purchaser can be assumed as a dispute over legal principles in the field of civil law, namely: the legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet, and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) against the legal principle of good faith (bona fides). The legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) are legal principles …

Implication Of Model Regulations On Domestic Ferry Safety On China's Ferry Safety Legislation And Maritime Safety Administration’S Supervision, Yi Pang

World Maritime University Dissertations

No abstract provided.

A Study On Legal Issues Of Unmanned Ship Maritime Regulation, Qingbao Zhang

World Maritime University Dissertations

No abstract provided.

R.J. Reynolds Tobacco Co. V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 55 (July 28, 2022), Christopher Sommers

Nevada Supreme Court Summaries

In an opinion drafted by Justice Cadish, the Court clarifies whether a plaintiff has the standing to assert a deceptive trade practice claim under NRS 41.600(1) when the plaintiff never purchased or used products manufactured by the defendant. The Court found that a plaintiff has standing as long as they can show they are directly harmed by the deceptive trade practices of the defendant. Additionally, it found that the plaintiffs pleaded sufficient facts, including that they were directly harmed by the petitioner’s false and misleading advertising. Thus, the Court denied the defendant’s petition for writ relief.

Foreclosure In English Law: A Comparative Analytical Study Of Islamic Jurisprudence And Comparative Law, Dr. Younis Salah Eddin Ali

UAEU Law Journal

يعد غلق الرهن في القانون الانجليزي نوعاً من أنواع المعالجات القانونية الأكثر صرامة أو قسوة، والتي تؤدي إلى انقضاء الحق الإنصافي الذي يتمتع به المدين الراهن في فك الرهن واسترداد المال المرهون، بسبب تخلفه عن الوفاء بالدين الموثق بالرهن. مما يتيح للدائن المرتهن اكتساب ملكية المال المرهون بعد انتقالها إليه. كما يعد غلق الرهن أيضاً نظاماً إنصافياً، فرضته قواعد العدالة والإنصاف، لغرض القضاء على كل مماطلة أو تقاعس من جانب المدين الراهن عن الوفاء بالدين المضمون بالرهن. أما بالنسبة إلى القانون المدني العراقي رقم (40) لسنة 1951، وقانون المعاملات المدنية الإماراتي الاتحادي رقم (5) لسنة 1985، فقد جسدا غلق الرهن …