Civil Law Commons^™

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 …

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

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 …

The Economic Impact Of Cyberattacks In The United States, Habibullah Asadi

Student Theses

In recent years, the global economy has been beset by cyber-attacks. These events disrupt business and governmental operations, large and small, and include broad-horizon attacks on infrastructure and pointed network takeovers. The attacks can include malicious online activities directed at stealing financial and intellectual property or, manipulating, destroying, and denying access to critical information. Despite increased awareness of these challenges, the victimization of private and public networks continues, and the economic impacts mount daily. This research will present the economic impact of cyberattacks on United States businesses and governmental agencies.

Electronic Arts’ College Videogames In The Name, Image, And Likeness Era, Ryan A. Buchanan

UNH Sports Law Review

No abstract provided.

Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes, Campbell Flaherty

UNH Sports Law Review

No abstract provided.

The Concept Of Amateurism: How The Term Became Part Of The College Sport Vernacular, Robert J. Romano Esq.

UNH Sports Law Review

No abstract provided.

For Whom The Sol Tolls: Examining The Role Of The Discovery Rule And Statutes Of Limitations In Ncaa Concussion Litigation, Joseph Sabin Esq., Andrew L. Goldsmith Ph.D.

UNH Sports Law Review

No abstract provided.

Editors' Foreword, Ryan A. Buchanan, Jacob M. Rocchi

UNH Sports Law Review

No abstract provided.

Table Of Contents, Editorial Board

UNH Sports Law Review

No abstract provided.

Masthead, Editorial Board

UNH Sports Law Review

No abstract provided.

Antiabortion Civil Remedies And Unwed Fatherhood As Genetic Entitlement, Yvonne F. Lindgren

Faculty Works

Antiabortion civil remedy laws in effect in five states grant putative fathers the right to sue abortion providers for wrongful death regardless of their relationship to the gestating parent. While these laws represent an important new development in the movement to restrict the abortion right, they also expand parental recognition of unwed fathers. Constitutional law requires that unwed fathers who seek to assert parental rights must establish that they possess both biological connection and a relationship with their child or the gestating parent—what has come to be known as “biology-plus.” However, antiabortion civil remedy laws vest parental recognition and rights …

Book Review - Comparative Commercial Contracts: Law, Culture And Economic Development, Second Edition, Benjamin Geva

Articles & Book Chapters

Comparative Commercial Contracts: Law, Culture and Economic Development, Second Edition Boris Kozolchyk (St. Paul, Minnesota: West Academic Publishing, 2019) 1380 + liv pp. US$146

Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Batik is not just a design on a piece of cloth, more than that, batik is a soul that blends in the procession of Indonesian society. Since the baby has been carried with a batik cloth, weddings wear batik cloth until when they die they will be covered with batik cloth too usually. This fact become a consideration for UNESCO to establish Indonesian Batik as a Masterpieces of the Oral and Intangible Heritage of Humanity in the Fourth Session of The Intergovernmental Committee. This research uses a normative legal research method that is descriptive and analytical using a statutory …

Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of …

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the National …

Implementasi Pemusnahan Polychlorinated Biphenyls (Pcbs) Di Indonesia, Florentinus Binsar Tumindi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

This thesis discusses the Implementation of Polychlorinated Biphenyls Elimination in Indonesia. PCBs have a harmful impact on human health and the environment. PCBs are found in many transformers and capacitors. In 2028, PCBs must be destroyed by Indonesian Government. International trade allows the export-import of PCBs based on the General Agreement on Tariffs and Trade (GATT) with the aim of destroying PCBs between countries, with due respect of Article 20 letter ‘b’ of the GATT or what is called environmental exception. The destruction of PCBs can be done through 2 (two) methods or technologies, …