Private Law Research Articles

Corporate Legal Dogmatics on the Revocation of Share Donation Due to Breach of the Duty of Loyalty

Abstract The article is devoted to the research of the institution of revocation of share donation and, mainly based on the interrelationship of German civil and corporate law, proposes a dogmatics intended for use in the development of a uniform Georgian judicial law on the issue. Failure to use corporate legal specifi cs and legal dogmatics in the cancellation of the share donation agreement, which is the direction taken in the latest Georgian judicial practice, may lead to outcomes detrimental to corporate governance and business development. The management of any entrepreneurial entity and, especially, capital-type corporation essentially depends on how the partner will enjoy the rights derived from his share and what influence he will be able to have on making corporate decisions. Of course, it is the general legal duty of the company partner, under both private and corporate law, to exercise the rights arising from the membership in good faith, for the benefi t of the common public interest, to reject any individual mercantile intentions and ensure the company’s management process with a high standard of duty of loyalty. In violation of this standard, the partner may be held individually liable in case of damage to the enterprise, which is considered a kind of neutralizing deterrent against the violation of the duty of corporate loyalty. Establishing such a uniform judicial practice of cancelling the share donation agreement, without considering the specifics of corporate law, threatens to severely constrain the realization and implementation of the rights arising from the share itself, which is not allowed in corporate law.

Civil law qualification of personal data

The author of the article considers the civil law nature of personal data, focusing on their qualification in the context of the object of civil legal relations. The boundary of distinction between private and public law in the context of processing and protection of personal data is also drawn. The purpose of this study is to determine the place of personal data in civil law, including civil legislation, as well as to determine to what type of object of civil legal relations should be attributed such legal phenomenon as personal data. The novelty of this article lies in the author's proposed concept of a comprehensive legal regulation of processing and protection of personal data. In addition, the author brings for discussion the issue of the possibility of introducing a new object of civil legal relations, which expands the existing legal tools for the settlement of issues related to personal data. While writing the article such methods were used as: theoretical-predictive, formal-legal, system-structural and method of legal modeling. In the conclusion the author of the article states the necessity of fixing personal data in civil legal relations. The introduction of such an object as personal data into civil law is an important step in modern society, due to the accurate and effective regulation of their circulation and protection. The inclusion of this aspect creates a basis for judicial application and resolution of disputes related to the use of personal data in civil relations. In addition, it contributes to the protection of the rights of data subjects and ensures transparency and predictability of their legal regime. Thus, the need to qualify personal data in civil law not only corresponds to modern trends in the development of society, but also contributes to its sustainable functioning in the digital economy.

العرف كمصدر تشريعي وأثره في إطار الشريعة الإسلامية والقانون الوضعي

This research aims to shed light on customs as a legislative source in both Islamic and statutory law. Customs are considered one of the legislative sources under the provisions of Islamic Sharia and statutory law, and they have an impact on both, in addition to the authority they hold as evidence. The research examines the advantages, pillars, and effects of customs. Islamic scholars have paid significant attention to customs, setting regulations for them, and considering them a legitimate source as long as they do not contradict a definitive text or legitimate evidence. Customs have also influenced secular laws and have been an important source for them. Unlike statutory law, customs in Islamic jurisprudence are subject to strict conditions, whereby the beneficial custom is approved, and the harmful one is annulled. However, secular law, which makes custom binding on individuals, may adopt both beneficial and harmful customs due to the lack of distinction between them, provided they are consistent with the law and do not contravene public order. Islamic jurisprudence requires the presence of the moral element in customs, without addressing the material element, unlike secular law which requires the presence of both material and moral elements. As a result of the variations in customs within a single country according to regions, the legal unity of customs is negated, contrary to the law. Additionally, some sections of the law do not align with customs, as is the case with penal law where there is no punishment except by text, whereas custom is considered in private, international, civil, administrative, and constitutional law. The study recommends examining examples and applications based on customary practices, since customs are not documented. It suggests that authorities responsible for issuing fatwas and judicial decisions document the prevailing and practiced customs among individuals to rely on them during judgments, fatwas, and dispute resolution.

Ethical assessment of privacy breaches in epidemiological investigations and information disclosure in the internet age: safeguarding identity information for infectious patients

Ethical assessment of privacy breaches in epidemiological investigations and information disclosure in the internet age: safeguarding identity information for infectious patients

Application Status and Prospect of Data Privacy Protection Technology

This article aims to explore the current application status and future prospects of data privacy protection technology, analyze the challenges faced by current data privacy, explore possible solutions, and provide reference and inspiration for the development of data privacy protection technology. This article adopts literature review and experience summary methods. Through sorting and summarizing relevant literature, combined with the author's own experience in the field of data privacy protection, a comprehensive and in-depth analysis is conducted on the current application status of data privacy protection technology. Through literature review and experience summary, we found that current data privacy protection technologies have made significant progress with the rapid development of information technology. Among them, the research and application of data encryption technology based on encryption algorithms, privacy protection protocols, and privacy protection tools have gradually matured data privacy protection technology. At the same time, the frequent occurrence of data privacy breaches also highlights the importance and urgency of data privacy protection technology. Data privacy protection technology is particularly important in the current context of information technology in society. In the future, with the continuous development of technologies such as big data and artificial intelligence, data privacy protection technology will face greater challenges and opportunities.

Blockchain-assisted Revocable Hierarchical Attribute-based Encryption Electronic Medical Record Sharing Scheme

The integration of modern medical systems with the internet of things has significantly improved medical services. Nevertheless, the widespread outsourcing of electronic medical records to third-party cloud storage introduces numerous security challenges, including privacy breaches, data tampering, unauthorized access, and storage limitations. To mitigate these issues, this paper introduces a novel blockchain-assisted revocable hierarchical attribute-based encryption scheme for electronic medical record sharing. This scheme leverages a decentralized blockchain system to manage user revocation and key management tasks, thereby alleviating the need for user ciphertext re-encryption. Additionally, employing ciphertext policy attribute-based encryption enhances access control granularity and safeguards user privacy by concealing access policies. Performance analysis indicates superior performance of the proposed scheme.

Значение exceptio non adimpletu contractus при понуждении к исполнению встречного обязательства в натуре

The article addresses topical issues of regulation of counter-performance of obligations, formation of exceptio non adimpleti contractus in Roman private law in different periods, comparison of synallagmatic obligations with contractus innominati, burden of proof to seek specific performance under a mutual obligation, the formation of doctrinal positions of German scientists regarding the independence of each of the obligations that arise from the synallagmatic agreement. The court practice of applying paragraph 3 of Art. 328 of the Russian Civil Code and doctrinal positions on the substance of the requirements from the synallagmatic contract are studied. The author proposes a possible alternative model for regulating claims for the fulfilment of counter-obligation (de lege ferenda) and criticises the current model of the absence of claim before the fulfilment of one’s own obligation, which follows from a literal constriction reading of paragraph 3 of Art. 328.

American Privacy Rights Act: A first glance at the US Congress's newest comprehensive privacy bill

The recently introduced the American Privacy Rights Act (APRA) represents the latest attempt to pass a comprehensive federal privacy law in the US that would vern privacy generally across the country. The draft bill proposes novel compromises on controversial topics such as federal pre-emption and rights of private action, which need refinement and are likely to be changed in the legislative process. The attempt to cover not-for-profit entities without accounting for their different purposes seems ill conceived and raises constitutional concerns. This paper examines the APRA in its constitutional, historical and policy contexts.

Generation of Vessel Track Characteristics Using a Conditional Generative Adversarial Network (CGAN)

ABSTRACT Machine learning (ML) models often require large volumes of data to learn a given task. However, access and existence of training data can be difficult to acquire due to privacy laws and availability. A solution is to generate synthetic data that represents the real data. In the maritime environment, the ability to generate realistic vessel positional data is important for the development of ML models in ocean areas with scarce amounts of data, such as the Arctic, or for generating an abundance of anomalous or unique events needed for training detection models. This research explores the use of conditional generative adversarial networks (CGAN) to generate vessel displacement tracks over a 24-hour period in a constraint-free environment. The model is trained using Automatic Identification System (AIS) data that contains vessel tracking information. The results show that the CGAN is able to generate vessel displacement tracks for two different vessel types, cargo ships and pleasure crafts, for three months of the year (May, July, and September). To evaluate the usability of the generated data and robustness of the CGAN model, three ML vessel classification models using displacement track data are developed using generated data and tested with real data.

ABAC-PA2: Attribute-Based Access Control Model with Privacy aware Anonymous Access

Cloud computing offers an excellent platform for sharing information and services among departments, partners, customers, and other parties. To ensure the effectiveness of a cloud deployment, it is imperative that resources and data are available in a secure and efficient manner. The protection of personally identifiable information (PII) is a critical requirement for many organizations in order to prevent unauthorized disclosure of that information. In spite of the fact that private information may not be stored within an authorized organization, it can still be protected. It has been shown in recent literature that anonymity can be used to preserve PII privacy. The current methodology for anonymous access is based on certificates rather than subject identity or attribute-based encryption. Identity-based access control is inflexible and violates privacy laws. Access to a certificate can be linked using a certificate that poses a risk of re-identification. The types of objects that can be encrypted by attributes are limited.To preserve the privacy of attributes set of subject and object, we extend the attribute-based access control (ABAC) model by expressing privacy requirements with anonymous access. It inherits several characteristics from ABAC, including fine-grained authorizations, unlimited object types, policy flexibility, and object privacy. ABAC-PA2 uses homomorphic attribute-based signature (HABS), a secure anonymous access framework that enhances ABAC's identity-less and incorporates privacy-preserving principles by assigning privacy levels to resources.

Digital Health Services Through the Lens of Data Privacy

Pandemic has showcased to the world the need for having seamless health data exchange. One of the major reasons for India’s success in vaccinating her vast population is use of digital technology to ensure an easy mechanism for the people to register for vaccinations, get appointment dates as well as the jabs itself. This ease of use has made even the rural population appreciate the need for seamless data exchange to provide excellent health care. Keep this viewpoint in mind, the Indian government has chosen to usher in unique health id for each person based on their KYC / Aadhar card number. This is a welcome change albeit riddled with privacy concerns. In this article the author seeks to analyze the strength of digital health data framework upon the touchstone of privacy and informed consent. The author seeks to find out if the existing policies and laws are strong enough to ally privacy concerns or if there is an emergent need to ensure that unique digital health id does not result in data and privacy breaches across the digital health data framework. The author also seeks to find out if the data policies of the government are followed in practice at the ground level, wherein the people might be unaware of ‘informed consent.’

Inheritance and Heirs in Roman Law: Impact on Modernity

Introduction. The article examines the main provisions of the Roman legal tradition on inheritance in the context of the development of modern legislation in the field of regulation of hereditary legal relations. The article consistently examines the trends in the legal regulation of hereditary relations in the ancient Roman state, both in relation to the normative content of legislation and in relation to the evolution of individual legal means. Using the example of individual institutions of inheritance law – the inheritance contract, unworthy heirs – the article demonstrates the influence of Roman law on modern Russian legislation. An urgent issue for consideration is also the separation of hereditary property, which was solved in a peculiar way in Roman law. The question is raised about the possibility of adapting certain elements of the Roman legal tradition to the modern conditions of the development of hereditary legal relations.The article is based on the analytical approaches generally accepted in the doctrine of private law to understanding the nature of hereditary relations in ancient Roman legislation, based on commonly used terms. The analysis of inheritance in Roman law is based on historical sources (Digests, Institutions).The hypothesis of the article is to recognize the decisive influence of the main legal structures of ancient Roman legislation on the modern inheritance law of the Russian Federation.Materials and methods. The methodological basis of the study was the tools of the general scientific apparatus and special legal methodology. The article uses the historical-legal, formal-legal, comparative-legal method. The general scientific methodology is represented by the method of analysis, the formal-logical method, the dialectical method.Results of the study. As a result of the analysis, it was revealed that Roman private law is a unique historical and legal phenomenon that had a decisive impact on the development of the legislation of the states of the continental legal system on inheritance. The influence of the legislation of Ancient Rome on inheritance and heirs on the civil law of the Russian Federation, in particular the institution of unworthy heirs, where the unworthy heir initially had a positive appearance, and subsequently lost this status due to misconduct, is demonstrated. The current trends in the development of modern legislation of the Russian Federation on the inheritance contract, on separate hereditary property in the context of the influence of key ideas of Roman jurisprudence are considered.Discussion and conclusion. The influence of the legislation of Ancient Rome on inheritance and heirs on the civil law of the Russian Federation is also obvious. The influence of the Roman private law tradition on the civil legislation of the Russian Federation is considered in the context of the reception of universal hereditary succession, as well as the features of singular succession.The doctrine of hereditary succession is organically formulated by the civil law of the Russian Federation and has been further developed. The key elements of the modern system of inheritance law make it possible to overcome the limitations of the classical Roman legal tradition and ensure that legislation complies with current trends in the development of hereditary legal relations of individual institutions of inheritance law - inheritance contract, unworthy heirs, separation of family property.

The Role of Roman Law in the Formation of the State and Modern Law

Abstract The research aims to determine the role that Roman law played in the development of modern jurisprudence. Several methods of theoretical cognition were used in the course of the study, such as analysis, synthesis, comparison, specification, and generalization. As a result, some conclusions have been reached, in particular, that the mechanisms and principles of the Roman legal order, which have existed for many centuries, remain relevant in the modern legal context, and have influenced the formation of political and institutional structures, especially in the field of market relations and economic development. In addition, the study identifies how different branches of Roman law have influenced the further development of jurisprudence. Roman public law (ius publicum) influenced the development of constitutional law in modern countries by regulating relations between the state and citizens. Roman private law (ius privatum) defined the foundations of modern civil law systems, regulating the rights and obligations of citizens among themselves. Also, with the development of trade in Rome, the concept of ius gentium or “law of nations” emerged, which became the basis of modern international law through the formalization of rules and regulations governing the international exchange and circulation of goods.

THE RIGHT TO A JUST REMEDY IN PRIVATE LAW—A RIGHT AND A HUMAN INSTINCT:AN ANALYSIS OF HOW GREED AND LAWLESSNESS REMOVES CONFIDENCE

This article explores the fundamental concept of justice and the right to a remedy in private law. Specifically, the question of whether the belief that justice will prevail is a spoiled concept to have, and only shared by populaces in places without corruption, rule of law issues, etc. The paper delves into the historical and global recognition of the rights of obligees, and scrutinizes the diminishing trust and conviction in justice, especially in jurisdictions plagued by corruption and weak rule of law. Bribery and corruption in judicial systems undermine access to remedies, particularly for the poor, and contribute to the erosion of faith in the judiciary. The analysis extends to non-state judiciaries, exploring the role of tribal courts in addressing private law matters in regions with challenges in formal legal systems. Ultimately, the paper contends that the instinct for justice is a timeless and universal human trait, inherent in the evolution of legal systems. While corruption and external influences can erode confidence, the desire for a just remedy remains engrained. Keywords: justice, corruption, judicial corruption, instinctive access to justice, sociology of remedies and their opinions, comparative legal systems

PARTICULARS OF PURCHASING MEMORIES CULTURAL HERITAGE

Introduction. An extremely important role in the formation of Ukraine as an independent European state is played by raising the level of cultural self-awareness of its citizens, and a separate link in this process is occupied by the proper legislative regulation of the exercise of ownership of cultural heritage sites. The analysis of legal acts regulating the legal status and circulation of monuments of cultural heritage shows a certain fragmentation, inconsistency and the presence of conflicts. To date, the problem of legal regulation of certain aspects of the termination of the right to ownership of cultural heritage sites is quite relevant also in the doctrinal aspect. The insufficient number of individual special studies of cultural heritage monuments as objects of property rights in civil science indicates a correlative relationship with the corresponding legislative uncertainty and at the same time emphasizes the urgent practical significance of such theoretical studies. The purpose of the research is to find out the peculiarities of the purchase of monuments of cultural heritage. Summary of the main results of the study. Since the legislator uses the term «owner» in the relevant article of the Central Committee, and the Law of Ukraine «On the Protection of Cultural Heritage» also does not contain a direct reference to the right of private ownership, but, on the contrary, indicates that monuments can be in state, communal and private property, it was concluded that forced redemption is possible not only of monuments that are under private ownership. Attention is focused on the fact that a lawsuit can be filed only against the owner of a cultural heritage site, not its owner or user, and the need to prove a cause-and-effect relationship between the actions or inaction of the owner of a cultural heritage site and its damage is indicated or destruction. In turn, the body for the protection of cultural heritage must argue and justify the existence of an urgent need for which a claim for the redemption of a cultural heritage monument is filed without warning its owner. Conclusion. Today, there is some uncertainty in the legal regulation of relations, the object of which are cultural heritage monuments. The analysis of the main aspects of the specified grounds for the termination of the right of ownership allows us to assert the presence of «interpenetration» of the norms of private and public law, since the dispositive method of legal regulation inherent in civil law concerns only certain aspects of the circulation of monuments of cultural heritage, for example, the grounds for acquiring the right to own them. Instead, the imperatives of public law to a greater extent apply to legal relations, the object of which are monuments of cultural heritage, in particular, when it comes to their redemption - the very coercive nature of such redemption, determination of the redemption price by a court decision if the parties do not reach an agreement, etc.

Protecting privacy and enhancing utility: A novel approach for personalized trajectory data publishing using noisy prefix tree

In recent years, the widespread adoption of location-based software has significantly improved people’s daily lives. However, this convenience has brought about an increasingly severe concern: the risk of data privacy breaches. To tackle this issue, a novel scheme for personalized trajectory data publishing is proposed, leveraging a noisy prefix tree structure. The scheme begins by constructing multiple trajectory equivalence classes based on the spatiotemporal characteristics of trajectories, followed by the calculation of distinct Hilbert curve orders for each equivalence class. Subsequently, the Hilbert curve is employed to partition the location points within each equivalence class, with the aid of a scoring function that selects optimal center points to replace other location points effectively. Additionally, appropriate encoding levels are determined for each partitioned region, facilitating the conversion of the center points into binary encoded characters using Hilbert-Geohash. This conversion process safeguards against data privacy leakage by obfuscating the original latitude and longitude coordinates. Ultimately, a noisy prefix tree is constructed to store the binary encoding in its nodes. To ensure data privacy preservation, a novel privacy budget allocation approach is introduced, applying suitable Laplace noise to each node. The effectiveness of the proposed algorithm is confirmed through experimental comparisons with existing schemes, employing real datasets and demonstrating its notable performance in terms of both data privacy and utility.

A kötelékvédő szerepének változásai az egyházjogban, kitekintéssel a magyar világi perjogra

The defender of the bond is one of the most important officials at the ecclesiastical courts. In this paper I examine the changes of this office both in canonical legislation and in jurisdictional practise (and in Hungarian private law). I present the practise of the holy see of Veszprém and Székesfehérvár in matrimonial cases in the 19th and 20th century.

Az igazságosság mint indok a Kúria 21. századi magánjogi gyakorlatában

After a brief overview of the ancient and medieval history of the notion of justice in philosophy, and some anthropological remarks, the paper examines the precedent decisions of the supreme judicial forum of Hungary (Kúria) delivered over the past 10 years in the field of private law with respect to whether the legal reasoning of the judgments contain a manifest reference to the notions of “just” or “justice”. As a result of this research, we find that the judgments, without any further reference, and apart from the modern notions of substantive and procedural justice, are based mainly on the concepts of corrective (rectificatory) justice and on that of distributive justice as well, as if by instinct following the teachings of Aristotle and Thomas Aquinas.

Safe Administration of Medication in School: Policy Statement.

Many youth with acute and chronic health conditions require medication to be administered during the school day. This policy statement offers guidance to school physicians, community prescribers, school nurses, other school health professionals, and groups providing oversight to school health activities and ensures patient safety and equity lenses are applied to administration of medications during school and for school-related activities. The American Academy of Pediatrics supports a robust collaborative model that allows all those involved in student health, including the student and family, to communicate, participate in effective medication management, inform delegated medication responsibilities, and promote safe medication storage and administration. School medication administration protocols are developed to help prevent medication administration errors specific to potential risks in the school setting and are responsive to the maturing students' evolving understanding of their health needs, growing autonomy, and responsibility. All protocols involving school nurses, unlicensed assistive personnel, and prescribers must be consistent with state and federal regulations on scope of practice, student privacy laws, and professional nursing organization guidelines. Consistent policies and messaging on safety of the patient and the entire school community enable school health teams to ensure equitable treatment of students prescribed therapeutic agents newly regulated by the US Food and Drug Administration, over-the-counter medications, or products that are currently not regulated by the US Food and Drug Administration.

A New Leaf: Is It Time to De-objectify Plants in Private Law?

AbstractIn civil law jurisdictions, plants have traditionally been classified as ‘objects’ (or ‘things’) under private law, reflecting an age-old tendency, certainly in the Western world, to underestimate and undervalue plants. Recent legal debates increasingly acknowledge the special nature of plants. Perhaps the most eye-catching debate in this context is the one on Rights of Nature, which have much potential but pose some practical and conceptual challenges. We propose an additional way of acknowledging the special nature of plants in a legal context: de-objectifying plants in private law and thereby explicating that they are not mere objects. Numerous civil codes already separate animals from objects, often – though not exclusively – based on the sentience of animals. Recent scientific research suggests that plants may be sentient, too. We aim to open the debate on the de-objectification of plants, based on their sentience, in civil codes as a feasible and unobtrusive way to acknowledge in law that plants are living beings, and more than mere things.