scholarly journals The Criminal Law and the Civil Code in Day-to-Day Employee Relations

2014 ◽  
Vol 14 (1) ◽  
pp. 102-110
Author(s):  
Erskine Buchanan ◽  
Philip Cutler ◽  
Paul-F. Renault
Keyword(s):  
Criminal Law ◽  
Panel Discussion ◽  
Civil Code ◽  
Employee Relations

Summary The following are excerpts of a panel discussion sponsored some months ago (October 24th, 1957) by the Employee Relations Section of The Montreal Board of Trade. The panelists were: Messrs. Erskine Buchanan, Philip Cutler and Paul F. Renault, barristers and solicitors. Here is what they had to say on the terminating of employees' services (Mr. Buchanan), other aspects of the Civil Code concerning employee relations (Mr. Cutler), and the Criminal Law aspects of such relations (Mr. Renault).

scholarly journals Hubungan Hukum Dokter dan Pasien Serta Tanggung Jawab Dokter Dalam Penyelenggaraan Pelayanan Kesehatan

2018 ◽  
Vol 6 (1) ◽  
pp. 163-182
Author(s):  
Yussy A. Mannas
Keyword(s):  
Therapeutic Relationship ◽  
Criminal Law ◽  
Civil Law ◽  
Civil Code ◽  
Legal Relationship ◽  
Medical Disputes ◽  
Legal Effect ◽  
Two Factors ◽  
The Relationship ◽  
Legal Consequences

Abstract:The emergence rights and obligations as a result of legal relationship between doctors and patients could potentially trigger a dispute between doctors and patients or medical disputes. In an effort to avoid or reduce medical disputes, it is necessary to understand the construction of the legal relationship between doctor and patient. From this legal relationship which will result legal actions and gave rise to legal consequences. In a legal effect, it can’t be separated is about who is responsible, as far as what responsibility can be given. It describes that relationship and the patient's physician if constructed, it can be divided based on two factors; transaction of therapeutic and act. In relation patient - physician based therapeutic, known as therapeutic relationship or transaction therapeutic, there is a binding between patients and physicians in the treatment of the disease or treatment. Engagements happens is inspanningsverbintennis and not resultaatsverbintennis, and must comply with the provisions of Article 1320 of the Civil Code. The relationship between doctor and patient is based on the Act - legislation occurred under Article 1354 of the Civil Code, which formulates zaakwaarneming. Legal relationship that occurs by two things above give rise to legal liability for doctors, the responsibility in the field of disciplinary law, criminal law, civil law and administrative law.Keywords: Doctor, Patient and Legal Relationship.Abstrak:Munculnya hak dan kewajiban sebagai akibat hubungan hukum antara dokter dan pasien berpotensi memicu terjadinya sengketa antara dokter dengan pasien atau sengketa medik. Dalam upaya menghindari atau mengurangi sengketa medik yang terjadi, maka perlu dipahami mengenai konstruksi hubungan hukum antara dokter dengan pasien. Dari hubungan hukum inilah yang akan melahirkan perbuatan hukum dan menimbulkan adanya akibat hukum. Dalam suatu akibat hukum, hal yang tidak dapat dipisahkan adalah mengenai siapa yang bertanggung jawab, sejauh apa tanggung jawab dapat diberikan. Dalam tulisan ini diuraikan bahwa hubungan dokter dan pasien ini jika dikonstruksikan maka dapat dibagi berdasarkan dua hal, yaitu transaksi terapeutik dan undang-undang. Pada hubungan pasien- dokter berdasarkan terapeutik, dikenal hubungan terapeutik atau transaksi terapeutik, yaitu terjadi suatu ikatan antara pasien dan dokter dalam hal pengobatan atau perawatan penyakitnya. Perikatan yang terjadi ialah inspanningsverbintennis dan bukan resultaatsverbintennis, dan harus memenuhi ketentuan Pasal 1320 KUHPerdata. Hubungan dokter dan pasien berdasarkan undang–undang terjadi berdasarkan Pasal 1354 KUHPerdata yang merumuskan tentang zaakwaarneming. Hubungan hukum yang terjadi oleh dua hal diatas menimbulkan tanggung jawab hukum bagi dokter, yaitu tanggung jawab dalam bidang hukum, hukum pidana, hukum perdata dan hukum administrasi.Kata Kunci: Dokter, Pasien dan Hubungan Hukum. 

Panel Discussion (Excerpts)

1986 ◽  
Vol 21 (1) ◽  
pp. 23-39
Keyword(s):  
Criminal Law ◽  
Panel Discussion ◽  
Computer Software ◽  
Copyright Law ◽  
Vivid Memories

Let me first say a few words on a personal theme. I had the privilege of being a student at our Faculty of Law of Mr. Shimron, to whose memory this conference is dedicated. I have very vivid memories of him. He taught us the course on Criminal Law, and he was a most impressive teacher. I should like to congratulate Mr. Shimron's family and Prof. Goldstein who co-operated in organizing this occasion.When I heard the opening remarks by Judge Shalgi I made a note that I should tell the audience that the Committee for the Revision of the Copyright Law in Israel has up till now done very little with regard to computer software. However, on hearing Dr. Shalgi's following remarks I began to realise that actually our Committee had already done a lot in the context of computer software. The Committee reached a decision that it was suitable and proper for the new Copyright Law to address itself and apply its rules to computer programmes, and to list computer software among the works that are protected by copyright.

Proprietatea în dreptul penal roman. Mijloace de protecție, noțiune și obiect

2020 ◽  
Vol 2019 ◽  
pp. 66-71
Author(s):  
Valerian Cioclei ◽  
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Civil Law ◽  
Criminal Code ◽  
Civil Code ◽  
Property Right ◽  
European Convention ◽  
Criminal Protection ◽  
International Conventions

The property right is guaranteed by the Romanian Constitution and by the international conventions, especially by the European Convention of Human Rights. Concretely, the Civil Code protects the property right. In a subsidiary manner, after the constitutional, conventional and civil law, the criminal law also ensures the protection of property. This brief article will reveal the means in which such protection is ensured within the Romanian Criminal Code, as well as the concept and the object of such criminal protection.

Politik Hukum Tindak Pidana Perzinahan Dalam Kitab Undang-Undang Hukum Pidana Dan Dalam Rancangan Kitab Undang-Undang Hukum Pidana

2021 ◽  
Vol 2 (02) ◽  
pp. 87-105
Author(s):  
Ndaru Satrio
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Civil Code ◽  
Religious Values ◽  
Draft Code

Social, cultural, and religious values view that adultery in all its forms, whether committed by people who are married or who are not married, is a very disgraceful act, Political developments adultery criminal laws in the Book of the Criminal Justice Act and the Draft Code of Criminal Law, a. According RKUHP term used to refer to the term fornication is permukahan, b. Based on Article 483 paragraph (1) the concept of KUHP perpetrators of permukahan crimes are threatened with a maximum imprisonment of five years, c. the concept of KUHP is that the concept does not distinguish between married and unmarried perpetrators. d. RKUHP does not require any more for man’s subject to Article 27 BW (Civil Code).

scholarly journals Položaj žene u francuskom Krivičnom zakoniku od 1810. godine

2021 ◽  
Vol 1 (2/2020) ◽  
pp. 92-112
Author(s):  
Milica Marinković
Keyword(s):  
Criminal Law ◽  
Civil Code ◽  
Penal Code ◽  
Legal Systems ◽  
French Law ◽  
Legal Position ◽  
Contemporary Perspective ◽  
The Times ◽  
Xix Century

In this paper the author analyses the legal position of women in the French Penal Code of 1810 (Code pénal de 1810). Although the propositions of the Civil code of 1804 are key to determining the legal position of a woman in XIX century French law, we cannot disregard the propositions given by criminal law. By analysing legal sources as well as literature, both XIX century and current, the author gives an overview of the legal position of a woman as a victim, culprit and accomplice in the French Penal Code of 1810. This Code was written in a pronouncedly patriarchal tone, which is manifested in numerous legal propositions that seem outdated and very unjust from a contemporary perspective. Still, the Penal Code of 1810 echoed greatly in legal systems of XIX century Europe, which signifies that it corresponded to the spirit of the times.

scholarly journals PERBUATAN MELAWAN HUKUM DALAM PERTANGGUNGJAWABAN DOKTER TERHADAP TINDAKAN MALPRAKTIK MEDIS

2018 ◽  
Vol 5 (1) ◽  
pp. 98
Author(s):  
I Gusti Ayu Apsari Hadi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Medical Malpractice ◽  
Civil Law ◽  
Civil Code ◽  
National Legislation

Medical malpractice remains a problem in health that has not been clearly regulated in a national legislation. But the elements are already contained in Act No. 36 of 2009 on Health which includes criminal law enforcement, administration and civil law. In the perspective of civil law a medical malpractice is an unlawful act conduct that complies with the provisions of The Civil Code. This research based on normative juridical method within primary dan secondary legal materials. The results of this study indicate that the lawsuit of unlawful act (onrechtamtige daad) in medical malpractice is regulated in Article 1365 of the Civil Code with elements :  1) the patient must experience a tort; 2) there are errors or missions (in addition to individuals, hospitals may have duty for errors or missions); 3) there are causal between tort and error; 4) The act is unlawful. In addition, the responsibility of the unlawful act against the medical malpractice ased on Article 1365 of the Civil Code is can be material and immaterial compensation that have a related between errors and torts.

scholarly journals Parameter Menentukan Perbuatan Wanprestasi Dan Penipuan Dari Suatu Perjanjian

2020 ◽  
Vol 19 (3) ◽  
pp. 477-498
Author(s):  
Azhari Ar Azhari Ar
Keyword(s):  
Criminal Law ◽  
Daily Life ◽  
Criminal Code ◽  
Civil Code ◽  
Good Faith ◽  
Mens Rea ◽  
The Future

Agreement is made legally binding for the makers and the parties are obliged to fulfill it. In the practice of daily life, it is not uncommon for contract actors who do not carry out their obligations; they are being prosecuted by creditors through criminal law by referring to article 378 of the Criminal Code so that there seems to be a similarity between the default legal figure and fraud in an agreement, whereas in the regulation both of these are governed by different laws. Default is regulated in the Civil Code while fraud is regulated in the Criminal Code. The problem in this paper is what is the parameter or measure to determine the legal acts of default and criminal act of fraud.Distinguishing parameter between default and fraud is on the default which is seen from the objective and subjective factors of good faith, while the criminal act of fraud is motivated by evil intentions (mens rea) to have an object (items) belonging to someone else with the parameters of subjective and objective elements. In the future, law practitioners and academics should be able to separate explicitly to settle dispute agreements that contain defaults and criminal act of fraud.

scholarly journals Comperative aspect of terms „image”, „recording” and „dissemination” in view of art. 23 of Civil Code and art. 81 of Act of 4 February 1994 on Copyright and Related Rights and art. 191a of the Criminal Code

2018 ◽  
Vol 6 (2) ◽  
pp. 81-108
Author(s):  
Karolina Witczak
Keyword(s):  
Comparative Study ◽  
Criminal Law ◽  
Civil Law ◽  
Criminal Code ◽  
Civil Code ◽  
Image Recording

The terms „image”, „recording” and „dissemination” are presented in art. 191a of the Criminal Code. However, the source of these phrases derives from civil law, especially art. 23 of Civil Code and art. 81 of Act of 4 February 1994 on Copyright and Related Rights. The article author makes a comparison of these terms in view of different legal orders (criminal law order and civil law order). The purpose of such a comparative study is to show differences and similarities in the range of designatums of analyzed terms. Furthermore, this article indicates “the most effective” structure of analyzed expressions on the grounds of law in action.

scholarly journals In Search of a Suitable Model of Penal Code for Afghanistan

ICR Journal ◽  
2013 ◽  
Vol 4 (2) ◽  
pp. 298-303
Author(s):  
Tun Abdul Hamid Mohamad
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Civil Code ◽  
Penal Code ◽  
Suitable Model ◽  
The Law ◽  
Indian Penal Code ◽  
Law Commission

During the Moghul rule of what now constitutes India, Pakistan, Bangladesh and Afghanistan, the courts there administered the Shariah to the exclusion of Hindu law. Islamic law gave way to English criminal law with the increase of British influence in the Indian sub-continent. Before 1860, English criminal law, as modified to suit local circumstances, was administered in the Presidency-Towns of Bombay, Calcutta and Madras. The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Thomas Babington Macaulay. Its basis is the law of England. Elements were also derived from the Napoleonic Code and from Edward Livingston’s Louisiana Civil Code of 1825. Finally, the Indian Penal Code was passed into law on 6 October 1860. The Code came into operation on 1 January 1862.  

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