scholarly journals L'autorisation d'exercer le recours collectif

2005 ◽  
Vol 21 (3-4) ◽  
pp. 855-959 ◽  
Author(s):  
Mario Bouchard
Keyword(s):  
Civil Procedure ◽  
Class Action ◽  
Basic Principles ◽  
Class Actions ◽  
Foreign Law ◽  
Introductory Part ◽  
American Law ◽  
Court Proceedings ◽  
Relationship Of ◽  
The Relationship

This paper is basically an analysis of art. 1003 of the Code of Civil Procedure of Québec. Following a brief survey of the origins of class actions in English and American law, the Québec class action is defined as a form of procedure available to plaintiffs only, based on the existence of a group acting through a representative. It is then distinguished from similar forms of procedure, whether under Québec law (art. 59 and 67 C.C.P.) or foreign law (constitution de partie civile, relator, Adhasionsprozess, etc.). The introductory part goes on to examine the relationship of class actions to basic principles of civil procedure in Québec (such as the rules on standing), to challenge some widely-held beliefs concerning class actions and their social and economic impact, and finally to underline the unitary character of class actions under Québec law. Brought under closer analysis, the introductory paragraph of art. 1003 underscores the requirement of a hearing by the court, indicates the nature and timing of judicial authorization, and determines the scope and extent of the conferment of representative status. The case of groups referred to in art. 1048 C.C.P. is examined in this connection. The paper then surveys in turn each of the lettered paragraphs of art. 1003 C.C.P., in the light of similar provisions in Québec and other jurisdictions, with special reference to the American Federal rule. Similitudes and contrasts are thereby brought into view. It thus appears that paragraph d) is alone in showing definite American influence; indeed, discussion of this paragraph centres on foreign law. A critical review is made of the cases under each of the paragraphs. Certain approaches to the construction of art. 1003 are also criticized, especially those implying further conditions to the grant of representative status or involving the use or irrelevant tests in this regard, in spite of differences between American and Québec procedures or between the American and Canadian constitutions. Finally, the paper underlines the requirement, imposed by art. 1022 and 1024 C.C.P., that conditions laid down by art. 1003 continue to exist throughout the duration of the case. The paper concludes that the Québec class action is probably the most liberal of all, and may open up new approaches toward using court proceedings to implement policy. However, it is feared that the courts may prove unreceptive to the innovative spirit behind this form of action; indeed, some cases decided so far seem to show a serious misapprehension of its character.

scholarly journals U.S. Supreme Court Brief of Professors of Conflict of Laws and Civil Procedure as Amici Curiae in Support of Petitioners, Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd.

2018 ◽  
Author(s):  
Christopher A. Whytock ◽  
Zachary D. Clopton
Keyword(s):  
Relevant Information ◽  
Civil Procedure ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
Foreign Law ◽  
Wide Range ◽  
American Law ◽  
Foreign Governments ◽  
Court Proceedings

The Second Circuit held that “when a foreign government, acting through counsel or otherwise, directly participates in U.S. court proceedings by providing a sworn evidentiary proffer regarding the construction and effect of its laws and regulations, which is reasonable under the circumstances presented, a U.S. court is bound to defer to those statements.” In re Vitamin C Antitrust Litigation, 837 F.3d 175, 189 (2d Cir. 2016). This “bound-to-defer” rule is incorrect and unwise.First, the “bound-to-defer” rule is inconsistent with basic American conflict-of-laws principles governing the determination of foreign law. It is inconsistent with Federal Rule of Civil Procedure 44.1’s broad authorization for U.S. courts to “consider any relevant material or source” when determining foreign law. It is inconsistent with the principle that determinations of foreign law should be accurate. And it is inconsistent with the principle of judicial independence in the determination of foreign law.Second, the “bound-to-defer” rule is inconsistent with foreign and international practice. In most other countries, information about foreign law is not binding on courts. Moreover, the world’s two main treaties on the interpretation of foreign law expressly provide that information supplied by foreign governments in accordance with those treaties is not binding on courts. Simply put, foreign governments do not expect each other’s courts to be “bound to defer” to each other’s interpretations of foreign law, much less the interpretation of one executive agency of a foreign government.Third, there are important reasons why deference principles should be kept separate from the principles governing the determination of foreign law. The Second Circuit’s “bound-to-defer” rule would inappropriately delegate to foreign governments power to influence the application of domestic law — and hence the implementation of domestic policy — in a wide range of cases in which the proper application of U.S. law depends on the determination of foreign law. In addition, international comity does not require U.S. courts to defer to foreign governments in the determination of foreign law. International comity is a traditional rationale for choice-of-law rules that require the application of foreign law as a rule of decision under specified circumstances. But in this case, foreign law is at issue because the application of U.S. law depends on the interpretation of foreign law, not because choice-of-law rules require the application of foreign law. Therefore, this case does not implicate the comity rationale for choice-of-law rules. Moreover, the concerns that animate comity doctrines are not the same as those that animate the rules governing the determination of foreign law. The former are concerned with the respect owed between governments, whereas the latter are concerned with ensuring that U.S. courts independently and accurately determine the content of foreign law. In fact, the “bound-to-defer” rule raises issues that are likely to pose significant comity concerns that the ordinary Rule 44.1 approach avoids. U.S. courts can still address comity concerns — separately from their independent determination of foreign law.To be sure, U.S. courts should give respectful consideration to a foreign government’s statements about its law. But as a matter of law, a foreign government’s statements cannot be binding on U.S. courts. Instead, U.S. courts should accurately and independently determine the meaning of foreign law taking into account not only the foreign government’s own statements, but also other relevant information about that law. This independent approach is especially important when — as in this U.S. antitrust case and many other cases — the proper application of American law depends on a determination of foreign law.

Kajian Sosiologis Terhadap Tema Lakon ‘Domba-domba Revolusi’ Karya Bambang Soelarto

Panggung ◽  
2014 ◽  
Vol 24 (1) ◽  
Author(s):  
Nur Sahid
Keyword(s):  
Sociological Theory ◽  
Essential Element ◽  
Literary Work ◽  
The Political ◽  
Basic Principles ◽  
Historical Figures ◽  
Sociology Of Art ◽  
The Creation ◽  
Relationship Of ◽  
The Relationship

ABSTRACTRevolutionary struggle in order to compete for the independence of Indonesia has been a source of inspiration Indonesian artists, including Bambang Soelarto who wrote drama Domba-domba Re- volusi (DDR). DDR studied drama is quite interesting because it tries to criticize the freedom fight- ers. This study aims to: first to know the theme and the problem plays DDR; second to determine the relationship of the socio - historical struggle in 1948 with the sociological elements of drama DDR themes and issues. This study uses sociological theory of art. The basic principles of the sociology of art is the fact that the creation of works of art influenced by the historical social conditions where the work was created. Research using content analysis of Krippendorf, the methods used to examine the symbolic phenomena with the aim to explore and express the observed phenomenon which is the content, meaning, and an essential element of the literary work. Based results of this research is that Bambang Soelarto as the author tries to capture di?erence between fighters during the struggle for the political aspirations for 1948 are expressed in a work of drama. Historical events inspired the creation of drama DDR. Soelarto want to respond to the political aspirations of the di?erence between historical figures and wanted to provide an assessment and outlook through DDR.Keywords: themes, drama, sociology of art, social historical ABSTRAKRevolusi perjuangan dalam rangka memperebutkan kemerdekaan Indonesia telah men- jadi sumber inspirasi para seniman Indonesia, termasuk Bambang Soelarto yang menulis drama Domba-domba Revolusi (DDR). Drama DDR cukup menarik diteliti karena mencoba mengkritisi para pejuang kemerdekaan. Penelitian ini bertujuan untuk: pertama, mengeta- hui tema dan permasalah drama DDR; kedua, mengetahui hubungan kondisi sosio-histo- ris perjuangan pada tahun 1948 dengan unsur-unsur sosiologis terimplisir pada unsur tema dan masalah drama DDR. Penelitian ini menggunakan teori sosiologi seni. Prinsip dasar dari sosiologi seni adalah adanya fakta bahwa penciptaan karya seni dipengaruhi oleh kon- disi sosial historis tempat karya itu diciptakan. Penelitian ini menggunakan metode con- tent analysis dari Krippendorf, yakni metode yang dipergunakan untuk meneliti fenome- na-fenomena simbolik dengan tujuan untuk menggali dan mengungkapkan fenomena yang teramati yang merupakan isi, makna, dan unsur esensial karya sastra. Berdasarkan hasil penelitian dapat diketahui bahwa Bambang Soelarto sebagai penulis mencoba un- tuk menangkap perbedaan antara pejuang aspirasi politik selama perjuangan tahun 1948 untuk diekspresikan dalam sebuah karya drama. Peristiwa sejarah mengilhami penciptaan drama DDR. Soelarto ingin menanggapi aspirasi politik perbedaan antara tokoh-tokoh se- jarah dan ingin memberikan penilaian dan pandangan pandangannnya melalui DDR.Kata kunci: tema, drama, sosiologi seni, sosial historis

scholarly journals Some Arguments about the Benefits of Applying the System of Civil Procedure Law in Civil Proceedings

2020 ◽  
pp. 060-066
Author(s):  
A. D. Zolotukhin ◽  
◽  
L. A. Volchihina ◽  
Keyword(s):  
Positive Result ◽  
Civil Procedure ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

On the basis of research, the structure of civil procedural law is defined as a system rather than an elementary set of legal norms and institutions. Determining the significance of the system of civil procedural law, it was concluded that having individuality, such a structure is one of the features that distinguish civil procedural law from other branches of law. The authors also come to the conclusion that the established properties of the system of civil procedural law, such as unity, interconnection (interaction) and independence of application, determine the possibility of applying individual elements of the structure of the system of civil procedural law, when considering substantive situations as an independent both individually and collectively. This ensures the possibility of obtaining the required positive result and characterizes it as universal. Critically examining various concepts, the authors offer their own definition of the concept of the system of civil procedural law. The conclusion is also made about the relationship of the system of civil procedural law with the principles of civil procedural law and the procedural form of civil legal proceedings.

scholarly journals Peranan Majelis Pengawas Daerah (MPD) Terhadap Pengawasan Pelaksanaan Jabatan Notaris Di Kabupaten Tegal

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 179
Author(s):  
Dwikky Bagus wibisono ◽  
Umar Ma’ruf
Keyword(s):  
Supervisory Board ◽  
Legal Protection ◽  
Field Research ◽  
Social Institutions ◽  
Judicial Process ◽  
Basic Principles ◽  
Approach Method ◽  
Data Collection Technique ◽  
Relationship Of ◽  
The Relationship

AbstrakLembaga Kenotariatan adalah salah satu lembaga kemasyarakatan yang ada di Indonesia, lembaga ini timbul dari kebutuhan dalam pergaulan sesama manusia yang menghendaki adanya suatu alat bukti mengenai hubungan hukum keperdataan yang ada dan atau terjadi diantara mereka.Metode pendekatan yang digunakan dalam penelitian ini adalah yuridis empiris, spesifikasi yang digunakan dalam penelitian ini bersifat deskriptif analitis, teknik pengumpulan data ini menggunakan penelitian lapangan dan studi kepustakaan.Notaris sebagai pejabat umum dalam menjalankan jabatannya perlu diberikan perlindungan hukum, antara lain pertama untuk tetap menjaga keluhuran harkat dan martabat jabatannya termasuk ketika memberikan kesaksian dan berproses dalam pemeriksaan dan persidangan. Kedua, merahasiakan akta keterangan yang diperoleh guna pembuatan akta dan ketiga, menjaga minuta atau surat-surat yang dilekatkan pada minuta akta atau protokol Notaris dalam penyimpanan Notaris. Ketiga hal inilah yang menjadi dasar dalam Pasal 66 UUJN dalam hal pemanggilan Notaris untuk proses peradilan, penyidikan, penuntut umum atau hakim dengan persetujuan Majelis Pengawas.Kata Kunci: Majelis Pengawas Daerah, Pengawasan,Jabatan Notaris AbstractsThe Notary Institution is one of the existing social institutions in Indonesia, this institution arises from the needs in the association of fellow human who wants a proof of the relationship of civil law existing and / or occur between them.The approach method used in this research is empirical juridical, the specification used in this research is analytical descriptive, this data collection technique using field research and literature study.Notary as a general official in carrying out his / her position needs to be given legal protection, among others, first to maintain the nobility of dignity and dignity of office including when giving testimony and proceeding in examination and trial. Second, to keep secret deeds obtained for making the deed and third, to keep the minuta or letters attached to the Minutes of Notary or Notary's protocol in the Notary's depository. These are the basic principles of Article 66 of the UUJN in the case of calling a Notary to the judicial, investigative, prosecutorial or judicial process with the approval of the Supervisory Board.Keywords:  Regional Supervisory Board,Supervision,Notary Position

Recovery of Japanese Nationality as Cause for Expatriation in American Law

1949 ◽  
Vol 43 (3) ◽  
pp. 441-459
Author(s):  
Thomas L. Blakemore
Keyword(s):  
World War Ii ◽  
Final Section ◽  
World War ◽  
Apparent Loss ◽  
American Citizenship ◽  
American Law ◽  
Japanese Law ◽  
Relationship Of ◽  
The Relationship ◽  
Nationality Law

A peculiar and difficult nationality problem latent for decades in the relationship of American to Japanese law suddenly has emerged since the Japanese surrender in 1945. Directly involved is the nationality status of several thousands of Nisei (American-born individuals of Japanese paternity) who now are dismayed to discover that certain actions taken by them or on their behalf in the course of World War II either have seriously clouded their claims to American citizenship or have resulted in an apparently irrevocable expatriation. Stated briefly, the problem involved is that of the effect on American nationality of reacquisition of Japanese nationality obtained through a process known to Japanese law as “recovery.” In this article a description first is made of the Japanese legal institution of “recovery” and its relationship to other phases of Japanese nationality law. Consideration then is given to the application to “recoveries” of those articles and sections of the American Nationality Acts of 1907 and 1940 which deal with expatriation. In a final section, certain troublesome categories of ostensible “recoveries” as well as “recoveries” obtained during minority are examined, and various possibilities are explored for challenging the apparent loss of American nationality which has resulted.

scholarly journals Multi-Door Courthouse established through the European Mediation Directive?

2016 ◽  
Vol 16 (1) ◽  
pp. 127-142
Author(s):  
Michal Malacka
Keyword(s):  
Family Law ◽  
Civil Law ◽  
Civil Procedure ◽  
The Real ◽  
Law System ◽  
Real Nature ◽  
Foreign Law ◽  
American Law ◽  
Anglo American ◽  
European Situation

Summary The article deals with the systematical problem of an acceptance and impementation of foreign law instruments in EU, incoming from Anglo-American law system. Supporting partial methods of the ADR, European legislative is focusing on the mediation and using this method in civil procedure law, especially in family law matters. The practitioners have accepted the idea of mediation as a part of civil law procedure without analyzing or studying the real nature of this method or instrument. The study is looking into the problematics of the Multi-Door Courthouse model and comparing it with European situation in the member states. It is also trying to find the best possible future ways for the development in the area of mediation with the reflection of the results of the implementation of the European mediation directive.

KEARIFAN LOKAL MELAYU SEBAGAI KEKUATAN KULTURAL MEMBENTUK

2014 ◽  
Vol 2 (1) ◽  
pp. 197-206
Author(s):  
Pudentia MPSS
Keyword(s):  
Oral Tradition ◽  
Basic Principles ◽  
The World ◽  
Relationship Of ◽  
The Relationship ◽  
Nations Development

AbstrakTradisi merupakan salah satu sumber penting dalam pembentukan identiti kelompok masyarakat tersebutdan pembentukan peradaban bangsa. Perkaitan di antara ketamadunan jelas menunjukkan kehubungansesuatu tamadun ini terdiri dari penggabungan beberapa tamadun dan bangsa. Perkembangan tradisisecara lisan ini boleh dilihat daripada beberapa adat Melayu yang mencirikan orang-orang Melayu danseterusnya memperlihatkan diri dan nadi sesuatu bangsa. Perlambangan dan contoh kepada prinsip asastradisi lisan ini telah diperlihatkan melalui sayu kajian khusus ke atas masyarakat Indonesia. Artikel kerjaini membentangkan tahap tradisi lisan yang telah membentuk suatu tamadun kemanusiaan di Indonesiadan dunia umumnya. Abstract Tradition is one of the important sources of identities in the formation of these groups and the formation ofcivilization. Relationship between civilization clearly shows the relationship of a civilization that consists ofa combination of several civilizations and nations. Development of oral tradition can be seen from someMalay customs that characterize the Malays and thus makig them the pulse of a nation. Representationand an example of the basic principles of oral tradition has been demonstrated through specific studies onglassy Indonesian society. This paper presents the oral tradition that has developed a human civilizationin Indonesia and the world in general.

scholarly journals Evaluation of Sustainability Principles in Adaptable Re-Functioning: Traditional Residences in Demirel Complex

2021 ◽  
Vol 13 (5) ◽  
pp. 2514
Author(s):  
Ayşegül Durukan ◽  
Şebnem Ertaş Beşir ◽  
Selver Koç Altuntaş ◽  
Mikail Açıkel
Keyword(s):  
Building Materials ◽  
Economic Resources ◽  
Future Generations ◽  
Basic Principles ◽  
Sustainable Living ◽  
The Past ◽  
Rich Diversity ◽  
Sustainability Principles ◽  
Relationship Of ◽  
The Relationship

Sustainable living is basically being able to construct the balance of protecting and using natural resources. In this way, the heritage value transferred to future generations is formed by the interaction of people and the environment. This is also very important for “architecture”, which expresses sustainability and is an important tool. In addition to the continuity of sustainable architecture and cultural heritage, it is possible to create economic resources and detect sociological data. Local architecture, which bridges the past and the present and best reveals the relationship of people with each other and their environment, has a place in many parts of the world with its rich diversity. Local architecture has an active place in contemporary society with its cultural, socio-economic and concrete identity values. These structures are protected by various strategies and methods and transferred to future generations. One of these methods is adaptive re-use. Within the scope of adaptive re-use, the study examined the principles of sustainability through eight second-degree registered İslamköy residences in the Demirel Complex of İslamköy village in Atabey district of Isparta province in Turkey. Thus, by evaluating three basic principles, environmental, economic and social, in terms of the continuity of local architecture with the sub-parameters determined, it was aimed to reveal the benefits and damages caused by the complex to the settlement in terms of sustainability. In this way, the change and transformation created by re-functioning with the renewal of building materials and typology was examined.

scholarly journals Reforming the Institution of a Class Action in Russian Law: Selected Issues

2020 ◽  
Vol 15 (7) ◽  
pp. 68-75
Author(s):  
V. A. Kolotov
Keyword(s):  
Subject Matter ◽  
Civil Procedure ◽  
Class Action ◽  
Class Actions ◽  
Arbitration Procedure ◽  
The Subject ◽  
Comprehensive Reform ◽  
Russian Law ◽  
The Law

The paper is devoted to some issues associated with a class action. The subject matter of the study is relevant in light of a comprehensive reform of this institution in the arbitration procedure and the emergence of class actions in civil procedure. The author highlights that class action proceedings cannot be considered as an equal alternative to joinder. Thus, in the author’s view, along with quantitative criteria some other criteria should be used to distinguish class action proceedings from joinder. The author investigates the issue of competition between the class action and individual claims. This problem is resolved in procedural codes in different ways. The paper focuses on some problems associated with the grounds and order of replacement of the claimant representing parties involved. Taking into account that the law allows considering homogeneous claims in collective proceedings, the author concludes that it is necessary to elaborate more detailed rules relating to the case where the class action involves a set of individual claims brought by each participant.

CLASS ACTIONS IN CIVIL PROCEDURE: ENFORCEMENT ISSUES

2021 ◽  
Vol 11 (5) ◽  
pp. 86-106
Author(s):  
V.V. YARKOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Class Action ◽  
Class Actions ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
Special Rules

The issues of legal regulation and the first experience of law enforcement of class actions on the example of chapter 22.3 of the Civil Procedure Code of the Russian Federation are considered. Despite the generally unified legal regulation of class proceedings in arbitration and civil proceedings, in the practice of courts of general jurisdiction there are specific issues that need to be addressed. In article value of unity of all conditions of qualification of the declared requirements as the class action is underlined, and also consequences of non-compliance of conditions of certification are revealed. Attention has been drawn to the necessity of application of the general rules of action proceedings along with the special rules of chapter 22.3 of the Civil Procedure Code of the Russian Federation in consideration of class actions. Also within the framework of this study the author concludes that each new legal institute raises a number of controversial issues in the process of law enforcement. And that is why it is very important to refer to the general provisions of the Civil Procedure Code of the Russian Federation, developed under the guidance of Professor M.K. Treushnikov, which allow to find the best solution for this or that problem of legal regulation and law enforcement.

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