scholarly journals L'actualisation des dommages-intérêts en matière de préjudice corporel

2005 ◽  
Vol 28 (1) ◽  
pp. 39-88
Author(s):  
Daniel Gardner
Keyword(s):  
Interest Rates ◽  
Supreme Court ◽  
Legal System ◽  
Personal Injury ◽  
Discount Rates ◽  
Lump Sum ◽  
Inflation Rates ◽  
Productivity Factor ◽  
The Supreme Court

Since 1978 the evaluation of pecuniary loss resulting from personal injury genuinely derives from the restitutio in integrum principle. In this context the operation of discounting the portion of the lump sum indemnity representing the victim's future losses takes on particular importance. The method used by the Supreme Court has been considerably improved: the refusal to consider interest rates and inflation rates separately, the recognition of a productivity factor for losses representing future salaries, etc. Four provinces have decided to legislate on one or more discount rates to make up for the absence or inadequacy of evidence at this level. Despite legislative and courtroom activity, much remains to be done in improving both the present legal system and its replacement by a regime better adapted to the specific problems inherent in evaluating pecuniary losses.

Philippines' Duterte could reshape courts and banks

2017 ◽  
Keyword(s):  
Political Economy ◽  
Central Bank ◽  
Interest Rates ◽  
Supreme Court ◽  
Legal System ◽  
The Philippines ◽  
Content Type ◽  
The Supreme Court ◽  
Legal Challenges ◽  
Central Bank Governor

Subject Bank and judiciary appointments in the Philippines. Significance This year, President Rodrigo Duterte has the chance to shape the future of the Philippine economy and legal system through his power of appointments, with implications stretching well beyond the conclusion of his single presidential term in 2022. Who the president selects as the central bank's next governor will affect perceptions of the Philippines' political economy and market risk. Duterte's appointments to the Supreme Court will influence the outlook for the Philippines' judiciary and legal system. Impacts A politically motivated central bank governor appointment would put pressure on the Philippines peso and interest rates. The Supreme Court is likely to become more pro-Duterte, even though his two latest appointees will have short tenures. This is likely to diminish the success of legal challenges against the drug crackdown, insulating Duterte's team politically.

1. The birth of equity and trusts

2018 ◽  
Author(s):  
Richard Clements ◽  
Ademola Abass
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Wide Range ◽  
The Supreme Court ◽  
Complete Series ◽  
Explanatory Text ◽  
The Common ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the origin of equity and trusts as distinctive aspects of the English legal system and the subsequent merger of equity with the common. It covers the meaning and origin of equity; what became of the chancery jurisdiction after the Earl of Oxford but before the Judicature Act; the reform of the Court of Equity; the Supreme Court of Judicature Acts 1873–5; the modern relevance of equity; the types and nature of trusts; and the recognition of trusts.

scholarly journals KAJIAN YURIDIS TERHADAP PENEGASAN HIEARAKI PERATURAN PERUNDANG-UNDANGAN DI INDONESIA DALAM PERSPEKTIF STUFEN THEORIE

2017 ◽  
Vol 9 (2) ◽  
pp. 95
Author(s):  
Muhammad Yusrizal Adi Syaputra
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Judicial Review ◽  
House Of Representatives ◽  
Constitutional Court ◽  
State Institutions ◽  
Binding Force ◽  
The Supreme Court ◽  
Legal Uncertainty

Rule lower against the rules of higher then lower regulation it can test the material (judicial review) to be canceled entirely or partially canceled. The assertion of hierarchy intended to prevent overlap between legislation that could give rise to legal uncertainty. Position regulations set by the People's Consultative Assembly (MPR) House of Representatives (DPR), the Regional Representatives Council (DPD), the Supreme Court (MA), the Constitutional Court (MK), the Supreme Audit Agency (BPK), Commission Judicial (KY) , Bank Indonesia (BI), the Minister, the Agency, Organization, or commissions, in the Indonesian legal system recognized by Act No. 12 of 2011 either were born because of higher regulatory mandate and within the scope and authority of the minister. Thus, no doubt that the regulations set by state institutions, have binding force that must be obeyed by the parties set forth therein. While the Regulations issued policy also recognized as an Freies Ermessen in the execution of its duties and functions.<br /><br />

scholarly journals PRUNING OF SECTION 377, INDIAN PENAL CODE, 1860 AND CHANGED DYNAMICS OF MORALITY IN INDIAN SOCIETY

2020 ◽  
Vol 7 (6) ◽  
pp. 1077-1081
Author(s):  
Parul Yadav ◽  
Komal Vig
Keyword(s):  
Social Structure ◽  
Supreme Court ◽  
Legal System ◽  
Penal Code ◽  
Indian Society ◽  
Supreme Court Of India ◽  
The Social ◽  
The Supreme Court ◽  
Set Up ◽  
Indian Penal Code

Purpose: The research paper has been written in order to analyze the impact of reading down the notorious section of Indian Penal Code, 1860 which being Section 377 which penalized every sexual act other than a heterosexual union even if consensual in the judgment given by the Supreme Court of India in Navjot Singh v. Union of India on the society of India. This paper aims to see its impact on the morality of the Indian community on the known definitions and working of the morality in the social and the legal system. Methodology: In this work classical method of research has been followed which being doctrinal research also, a comparative analysis between the legal text of Section 377 of Indian Penal Code, 1860 and the judgments announced by the Supreme court of India has been undertaken with the proportional qualitative analysis done with moral set up of Indian Society. Main Findings: The analysis conducted on law and social structure of Indian Society by the researchers point out to the fact that after reading down of Section 377, the social set-up of India is resenting the recognition granted to third sex and gender because it disturbs its moral thread which has knitted the social structure known as of now and introduces a third angle in known concepts of sex and sexuality which till now have been relying on parallel tracks of male and female sex/gender. Application: This research piece will aid students in understanding the concept of morality and will demonstrate its effect on the working of the Criminal system of a country. Moreover, it will also give support in understanding the role of biological sex and sexual preferences in shaping law as known today. Novelty/Originality: This research is novel in its attempt of wherein morality has been traced in the criminal legal system of the country which is most prominent in issues related to the sex of the human body and its sexuality.

scholarly journals Environmental Dispute Resolution Through Class Action Lawsuit

2020 ◽  
Vol 1 (1) ◽  
pp. 16
Author(s):  
K. Tjukup ◽  
P.R. A. Potra ◽  
P.A.H. Martana
Keyword(s):  
Supreme Court ◽  
Environmental Protection ◽  
Legal System ◽  
Active Role ◽  
The United States ◽  
Civil Procedure ◽  
Class Action ◽  
Legal Concept ◽  
Procedural Law ◽  
The Supreme Court

The procedural  law  of Class Action  is  a legal  concept  known  in  the Anglo-Saxon  legal  system  (Common  Law). Whilst  this  concept  is  not  recognised   in  the  Continental  European  legal  system  (Civil  Law),  likewise  in  Indonesian  civil procedure  that based on Herzien Inlandsch Reglement (H.I.R) and Rechtsreglement  voor de Buitengewesten  (RBg). Initially, the procedural  law of class action in Indonesian  legal  system was arranged consecutively under Law No. 23 of 1997  (Environmental Protection  Law), Law No.  8  of  1999  on Consumer Protection  and Law No. 41 of  1999  on Forestry.  The arrangement  of class action lawsuit  in the substantive  law was inspired by the recognition  of class action lawsuit  in the United  States through Article 23 of the US Federal  Rule of Civil Procedure  prescribing  that the requirements  for filing class action  lawsuit are as follows: numerosity,  commonality, typicality,  and adequacy of representation.  In Indonesia there is no procedural  law setting out the class action  lawsuit,  thus  Supreme  Court  Regulation   No.   1      of  2002  was  enacted.  The  replacement   of Law  No.  23  of  1997 (Environmental  Protection Law) by Law No. 32 of 2009 (Environmental  Protection and Management Law) allows the application of the class action with reference to this Supreme Court Regulation.  The arrangement of class action lawsuit in the Supreme Court Regulation No.  1    of 2002 still  encounters many challenges in its application.  The initial process i.e. certification  is very decisive whether the lawsuit  can be accepted  or is  qualified  as a class action lawsuit. In conjunction with this, the judges'  active role is very  important  whilst  waiting  for a specific  and adequate  legislation  to establish  the class action  procedure.  Meanwhilst,  the judges  are supposed to patch up the Supreme Court Regulation No. 1   of 2002.  Keywords:  Environmental Disputes, Procedural Law,  Class Action Lawsuit

I See Red: Truth-Telling about Colonial Courthouses and Indigenous Dispossession Through Art

2020 ◽  
pp. 174387212093724
Author(s):  
Ben Wardle ◽  
Lee Harrop
Keyword(s):  
Supreme Court ◽  
Indigenous Peoples ◽  
Western Australia ◽  
Legal System ◽  
Public Art ◽  
Truth Telling ◽  
The Supreme Court ◽  
Indigenous Sovereignty ◽  
The City

This paper examines how art can be used in the process of truth telling about the role colonial courthouses played in the violent dispossession, exploitation and oppression of Indigenous peoples. The paper focuses on the Old Court House in Perth, Australia, as this was the site of a commission winning public art work selected by the City of Perth that was decommissioned after permission to install the work was denied by the sitting judges of the Supreme Court of Western Australia. It is argued that art can be a means to draw attention to the methods used by the colonial legal system to usurp Indigenous sovereignty, that art on courthouses can be used to signify ongoing resistance to colonisation, and that this should be embraced by the legal community rather than be censored by the judiciary.

Portugal

2015 ◽  
Author(s):  
Richard Frimston ◽  
Paula Távora Vítor ◽  
Geraldo Rocha Ribeiro
Keyword(s):  
Member State ◽  
Supreme Court ◽  
Legal System ◽  
Civil Law ◽  
Federal System ◽  
The Supreme Court ◽  
The Eu

Portugal is not part of any federal system, but is a Member State of the EU. The legal system is a civil law one. There are two main categories of courts: Administrative and Fiscal Courts, and Judicial Courts (Judicial Courts of First Instance, Courts of Appeal and the Supreme Court).

Domesticating Treaties in the Legal System of South Sudan – A Monist or Dualist Approach?

2020 ◽  
Vol 28 (3) ◽  
pp. 378-400
Author(s):  
Ruben S. P. Valfredo
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Legal System ◽  
South Sudan ◽  
Status Quo ◽  
Treaty Ratification ◽  
The Supreme Court ◽  
The Status ◽  
Mixed Approach ◽  
International Conventions

This article examines the approach for the domestication of treaties in South Sudan. Such examination is undergone in light of the theories for the domestication of international law norms into the domestic legal systems of state members of the international community. The article establishes that the approach in South Sudan is not clearly indicated, and seems to be inconsistent with regard to the practice of various institutions linked to the domestication of treaties process in South Sudan. However, the article expands on two foundations: the status quo and the ‘ought to be’ approach. The article argues that the approach as it exists seems to be a monist rather than a dualist approach. This is evident from the indicators of South Sudan's constitutional, legislative and judicial settings such as the text of the Transitional Constitution of South Sudan 2011, the treaty ratification process, the practices of the National Legislative Assembly in respect of international conventions and a judicial circular issued by the Supreme Court of South Sudan. Furthermore, the article advances that the ‘as ought to exist’ approach needs to be a clearly mixed approach, partly monist and partly dualist. Such approach combines the advantages associated with each approach in one place. The article recommends that there is a need to have a well informed, well established and clear status in respect of the domestication approach guided by the various arrangements and settings highlighted above. It may also take account of the various states’ attitudes towards international law and the legal school of thought which forms the basis of South Sudan legal system. Such recommendation could be materialised via an act of parliament, a regulation or a practice manual.

What The Slants’ First Amendment Case at the Supreme Court Actually Won

2021 ◽  
Author(s):  
Simon Tam
Keyword(s):  
Social Change ◽  
Supreme Court ◽  
First Amendment ◽  
Legal System ◽  
Hate Speech ◽  
Legal Theory ◽  
Freedom Of Expression ◽  
Personal Account ◽  
The Supreme Court ◽  
Person Account

This is a first-person account of the First Amendment case that rocked the nation. Much has been written about The Slants’ trademark case, which was decided at the Supreme Court, from NPR to Rolling Stone, but nearly everything published focused on the Washington Football team’s name and fear about a floodgate of hate speech. This article provides the argument for freedom of expression using an equity lens, moving it from abstract legal theory to a personal account of what the legal system and its procedures are actually like for those who wish to create social change.

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