Civil Courts Research Articles

Reconstruction of Evidence Regulations in Civil Jurisdiction Based on Justice Value

The aims of this research are to analyze the weaknesses that exist in evidentiary regulations in civil courts and how to reconstruct evidentiary constraints in civil justice based on the value of justice. This research uses a constructivist paradigm, with a social legal research approach that uses primary data. Methods of data collection using interviews, observation, and field systems. The results of this research show that in evidentiary regulations in civil courts in Indonesia, judges are bound by valid evidence, which means that judges are only allowed to make decisions (impose decisions) based on evidence determined by law only, and From a formal juridical point of view, electronic document law has not been strictly regulated in the Civil Procedure Code so that it has not had the value of justice, namely the normalization of Articles 163 and 164 HIR and Articles 283 and 284 RBg., has not provided justice values in the evidentiary system. Current weaknesses in evidentiary regulations in civil court include weaknesses in the context of legal substance, legal structure, and legal culture, therefore it is necessary to reconstruct the provisions in Article 164 HIR or 284 RBg with the need for arrangements regarding electronic evidence, which has been validated and the strength is the same as documentary evidence. Then in Article 163 HIR/Article 283 RBg there needs to be an arrangement so that Electronic Information and Electronic Documents submitted by litigants must come from an Electronic System that meets the requirements based on Legislation In contrast, where the implication is to provide a new idea related to evidentiary regulations in civil courts based on the value of justice.

Konflik Perundangan Hak Hadhanah bagi Ibu Non-Muslim di Malaysia

This study examines the considerations made by the Civil Court and the Sharia Court in Malaysia in enforcing the right of children in cases of various religious issues in connection with the 1976 Act to Revise the Law (Marriage and Divorce) (Akta 164). The type of research used is qualitative research with normative jurisprudential methodology related to Malaysian law and Islamic law. The source uses secondary data, which combines documentary studies from the Civil Court and Sharia Court decisions. The researchers found that the right to have children was given priority to women because women's fitrah was full of affection and tenderness in raising children. In the preliminary formulation, the researchers found that the courts granted the right to a gift based on certain factors, such as age issues, child wishes, parents' wishes and religion, family backgrounds, and even relatives. The researcher also notes that the decision to determine the religion of a child under the age of 18 is under the supervision of a parent or guardian, but this is not a fixed decision. For this case, the decision of the power of the judge in the court will be used as the determination of the right of the child.

Dispute Resolution in Islamic Banking Industry Under The Iraqi Judiciary System

Islamic banking transaction is based on an interest-free system that is prohibited to deal with riba. Several Islamic banks in Iraq are governed by the Central Bank of Iraq. Due to the lack of Islamic financial courts and lack of professional judges in the Islamic financial field, Islamic banking cases are handled by civil courts in Iraq. However, Islamic finance disputes should be considered by special courts with qualified judges in the field. The Judicial Authority in Iraq is not based on the Sharia system and the Sharia court specialised in Islamic finance in Iraq does not exist. As stated in Article 89 of the Iraqi Constitution of 2005 that the federal juridical power is comprised of the Higher Juridical Council, the Federal Supreme Court, the Federal Court of Cassation, the Public Prosecution Department, the Judiciary Oversight Commission, and other federal courts that are regulated under the law. Thus, Islamic banking disputes fall under the civil courts and the Courts of First Instance are responsible to handle cases of debt, and contracts. Furthermore, these courts are not specialists in Islamic banking and finance transactions. Therefore, a particular court, i.e. the Islamic financial court, should be among these courts in Iraq for resolving Islamic banking disputes. In addition, the special court has to include qualified judges who are familiar with Islamic finance.

The law of loyalism: The Campbell family, the court of session, and the price of loyalty in the revolutionary Atlantic world

ABSTRACT This essay reconstructs the experiences of prominent Charleston merchant Colin Campbell, and his niece Louisa Campbell, to explore how Scots loyal to the Crown during the American Revolution later defended their interests in Scotland’s Court of Session. Using the case of Campbell and Ferrier v. Campbells (1796) as an organizing framework, it demonstrates how Scots litigated their suffering at the hands of American Patriots. It shows how lawsuits like it were embedded in a larger transatlantic legal ecosystem that shaped their outcome. The legal contest between Louisa Campbell and her cousins over Colin Campbell’s American property tied together legislatures and courts in South Carolina, Georgia, London, and Edinburgh. By doing so, they compelled the Lords of Session, the judges who sat on the bench of Scotland’s supreme civil court, to define American Independence.

Courts as Data Guardians for the Public Good

In an increasingly digital world, where data-driven decision making and technology-enhanced workflows are the norm, civil courts lag behind. Despite the rise in electronic filing, many civil court records remain inaccessible and unused by court administrators and other government actors. Meanwhile, for-profit companies increasingly compile court records into massive datasets that facilitate sophisticated legal analytics. This discrepancy between public and private approaches results in unfulfilled potential for court records to inform court operations, procedural rule making, and substantive policy. This article argues for a future in which courts address these failures and take on the role of data guardians for the public good.

Введение в турецкое частное право

Private law of Turkey is represented by the Civil and Commercial Codes as well by the Code of Obligations. Turkey gave up the old Islamic law as the source of private law in 1926 and preferred the way of reception of the Civil Code and the Code of Obligations of Switzerland. Turkey follows this way till nowadays, borrowing in Swiss law not only the letter of law, but also relying on the Swiss case law and doctrine in the issues of interpretation. To immerse the reader into the Turkish private law, a number of its particular institutes is dealt with in the article: the general principle of the compensatory justice, the mandatory registration of the chattel mortgages to secure that the obligation will be performed, the statutory matrimonial property regime which is based on the concept of obligations and not on the one of property, compulsory share of the inheritance, the civil court system and the general description of the procedure for hearing civil disputes. The emphasis is placed on the situations involving foreign element.

제3자에 대한 이혼위자료청구권과 소멸시효

Recently, a 2nd trial court found that the right to claim for damages resulting from an adultery to the person engaged in a sexual relation with a married person shall lapse by prescription if not exercised within three years commencing from the date on which the injured party becomes aware of such adultery and of the identity of the person who caused it. Furthermore, the court dismissed the claim of the plaintiff on the ground that the claim of the plaintiff had expired due to the extinctive prescription. The Supreme Court rendered a judgment dismissing the appeal to the effect of accepting the trial court without any separate legal explanation. The main purpose of this article is to point out the problem of the judgment of the above court regarding the starting point of the extinctive prescription of the right to claim alimony for divorce against a third party. Liability for damage due to infidelity itself is different from the liability for alimony in cases where the breakup of the marriage relationship or divorce occurs due to the infidelity, in view of the contents of the provisions of the Civil Act and the Family Litigation Act, and the difference of the causes and damages of each liability. The starting point of the extinctive prescription of the right to claim for alimony for divorce should be regarded as the time of dissolution of the marriage (or when the divorce is established). The 2nd trial court's argument that the extinctive prescription of the right to claim for alimony for divorce has been completed is not an argument for the extinctive prescription itself, but an argument for whether it is appropriate to acknowledge the liability for alimony for divorce to a third party. On the other hand, whether or not the right to claim alimony for divorce against a third person is acknowledged requires a separate review. It is difficult to generally recognize the right to claim alimony for divorce against a third party. The reason is as follows. First of all, the liability for compensation for alimony due to extreme mental anguish suffered by a victim spouse due to the involvement of a third party in cheating can be acknowledged through the exercise of the right to claim for cheating itself in a civil court not a family court. Secondly, it is difficult to uniformly admit a causal relationship between temporary or short-term cheating and divorce. The establishment of divorce is the result of a decision based on the free will of the couple concerned. A third party who participates in cheating violates the contractual relationship between the victim and the offending spouse. Nevertheless, if a third party urges the victim spouse to divorce by threats or coercion, or if the third party maintains a de facto marital relationship with the spouse at fault until the judicial divorce is established(if there are special circumstances where it can be seen that the third pary has an intention to break up the marriage relationship of the other person), the third party's liability for alimony for divorce must be acknowledged.

The Right to Freedom of Religion and Jurisdictional Conflicts in Malaysia

In Malaysia, the Federal Constitution provides significant legal protections for religious freedom. Article 11 guarantees the right to practice and propagate one's religious beliefs freely, except for restrictions on propagation concerning Muslims under federal law. Furthermore, Islam holds a unique position in the country, according to Article 3 (1). The Malaysian legal system consists of two court systems, the Syariah courts and civil courts. While the Syariah courts serve as an essential institution for Muslims and maintain the Islamic identity of the nation, issues of jurisdiction can arise, particularly in interfaith cases. This study explores Malaysia's Universal Periodic Review of religious freedom and analyses jurisdictional conflicts through interviews with national law experts. After carefully considering Malaysia's unique historical and socioeconomic context, it is concluded that upholding the Federal Constitution is of utmost importance and implementing UPR recommendations should be separate from it.

The Effectiveness of Inheritance Dispute Resolution Seen from Medan District Court Decision Number 43/pdt. G/2020/PN Mdn

This journal contains the effectiveness of inheritance dispute resolution based on the view of civil law, if talking about inheritance law, there will be 3 types of inheritance law that are often used in Indonesia, but in this journal the discussion will focus on dispute resolution through civil court. This journal takes Medan District Court Decision Number 43/pdt. G/2020/PN Mdn about a mother who sued her child for improper distribution of inheritance, in this journal also discussed the specific effectiveness of the settlement and the rights of adopted children in cases of inheritance disputes, in this journal also contains laws and articles in the Civil Code that can help readers understand the regulations regarding civil inheritance law.

Domestic abuse and child contact in Scotland: the perspectives of family law practitioners

ABSTRACT It is now well-established that children are adversely affected by domestic abuse, and that domestic abuse does not always cease following parental separation. However, the issue of post-separation child contact in the context of domestic abuse remains contentious, with some commentators arguing that contact may not always be in the ‘best interests’ of the child. In Scotland, the nature and extent of child contact applications remain under-researched, and little is known about the processes of argument and adjudication in contact decisions. This article draws on a survey of family law practitioners in Scotland undertaken to examine how, if at all, developments in domestic abuse proceedings and changing definitions in the context of criminal law in Scotland, inform the handling of child contact cases in the civil courts. The findings reveal that, whilst most respondents were of the view that information about domestic abuse strengthens the position of the party against child contact, there is a clear absence of systematic ways to gather and make available information about domestic abuse where it has occurred (or is still occurring) in cases involving child contact. The practice and policy implications of this for determining the ‘best interests’ of the child are discussed.

Encounters in courtroom. Italian judges as front-line workers in asylum proceedings

In Italy the judiciary plays a relevant role in asylum adjudication. Indeed, judges are crucial decision makers, deciding on the merit of a huge number of asylum claims rejected at first instance. For this reason, it is extremely timely to understand how asylum adjudication is put into practice by judges. Thus, the article studies asylum adjudication in courts through the lens of the Street-Level Bureaucracy, focusing on the encounter between judges and asylum seekers. In particular, the research seeks to understand the uses, causes and consequences of discretion in asylum appeals, focusing on coping mechanisms judges develop during their job. With this aim, the research conducts observation of hearings, interviews and shadowing in five Italian civil courts, showing how coping mechanisms are determined by organisational and individual factors and they influence in different ways the quality, equity and efficiency of asylum proceedings.

Smart Contract – Problems with Taking Evidence in Polish Civil Proceedings in the Light of European Regulations

In recent years, we have observed an amazing development of new technologies; many contracts come into effect without paper documents being signed. New possibilities have appeared, for example, the smart contract (also known as the digital contract or blockchain). In some cases, there is a dispute between the participants in the smart contract, e.g., as to the manner of its implementation. A court case might be necessary to resolve the dispute. As in any dispute, evidence proceedings will have to be conducted. The smart contract should appear as a proof. However, due to its unusual nature and complicated status under substantive law, as well as the fact that it is produced by new technological solutions, it is essential to determine its admissibility as evidence. The procedural law regulates in detail only traditional evidence. The smart contract has not been regulated in procedural regulations, therefore, its status needs to be established in the context of the existing documentary evidence. This article aims to contribute to the discussion on the status of smart contracts in civil court proceedings. Primarily, it should be determined whether the smart contract can be considered a document within the meaning of procedural law. In the Polish legal system, the document is defined as an information carrier whose content can be read. Accordingly, the smart contract meets the definition criteria. However, in the absence of provisions governing the manner of taking documentary evidence, it may be difficult to actually take such evidence and establish its value. The article also draws attention to Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93 / EC. Its art. 46 refers to the legal effectiveness of electronic documents and prohibits discrimination against evidence from such documents, which should undoubtedly contribute to the acceptance of a smart contract as evidence in civil proceedings.

The Islamisation of the English Trust: The Hibah Trust in Malaysia

AbstractMalaysia, being a former English colony, inherited a corpus of English law which includes equity and trusts. In recent times, major banks, financial institutions, and trust companies have reimagined the English trust in combination with Islamic law, by offering an innovation called the hibah trust. This instrument represents the Islamisation of the English trust concept where the Islamic idea of the hibah, an inter vivos gift and the English trust is combined as a wealth management offering to clients. This article explores how the hibah trust works, reasons why institutions may be offering this hybrid instrument, and potential challenges to its validity both in the civil and Syariah court.

Legal regulation of insurance relations under martial law: force majeure

The article examines the specifics of the legal regulation of insurance relations in the conditions of martial law and the functioning of the insurance services market under the conditions of force majeure. On the basis of the analysis of scientific literature, regulatory legal acts, norms of current civil legislation and court practice, the peculiarities of providing insurance services under the condition of force majeure in the conditions of martial law were investigated.
 The destruction of the housing stock and infrastructure, significant damage, which became the inevitable consequences of the war in Ukraine. It was established that the insurance institute is one of the effective mechanisms aimed at providing compensation and compensation for losses to citizens as a result of military operations. Insurance is aimed at protecting the property interests and safety of both individuals and business entities.
 It is noted that the occurrence of insurance events related to the loss of housing stock and other property by citizens of Ukraine as a result of military operations after February 24, 2022, should not be a reason for refusing to pay insurance compensation.
 It is proven that the introduction of the legal regime of martial law with the beginning of the war involves the possibility of limiting the constitutional rights and freedoms of a person and a citizen, the rights and legal interests of legal entities. At the same time, the fact of the introduction of martial law should not affect the validity of any transactions, including the validity of insurance contracts, and all rights and obligations of the parties remain valid.
 Insurance contracts are valid regardless of the introduction of martial law in Ukraine, with standard force majeure clauses that apply to other types of contracts.
 It is noted that the war in Ukraine belongs to force majeure circumstances (circumstances of irresistible force). It is established that insurance does not constitute any exception in the context of force majeure. It is noted that the parties to the insurance contract may refer to force majeure as a basis for releasing them from liability for non-fulfillment of the terms of the contract.
 In order to improve insurance activities during the period of martial law, the National Bank, as a regulator in the market of insurance services, on February 27, 2022 recommended to insurers to simplify the procedure for settling cases that have the characteristics of insurance, by making maximum use of electronic documents and copies of necessary documents in case of impossibility or complications the possibility of obtaining their originals, as well as using other means of remote settlement of insurance cases.
 Based on the results of the research, it is summarized that the market of insurance services in Ukraine during the period of martial law should work taking into account the emergence of new challenges.

Judicial Review of Mufti Decisions Applying Islamic Family Law in Greece

Greece is a unique example of a country member of the Council of Europe that allows for the application of Sharia law by the Mufti on a select part of its citizenry: the members of the Muslim minority in Western Thrace (situated in NE Greece). However, to produce their effects, Mufti decisions need to undergo review and to be declared enforceable by the civil court. The aim of this article is to explore the relevant legal framework arranged in law 4964/2022 and presidential decree 52/2019, whereby the details of such a judicial review are set out. In particular, this article considers the prerequisite of the exequatur to religious adjudication, and then, it goes through all of the levels over which the said review extends, bringing progressively into focus the review of the scope of jurisdiction, the review of compatibility with the Constitution and the European Convention of Human Rights, and the review of some additional issues raised specifically by presidential decree 52/2019 over and above the points just mentioned. A final remark follows in connection with possible errors committed in religious adjudication—errors of law or fact—which remain beyond the reach of the review.

Impact of administrative competence on the civil procedural legal capacity of the authorities

The article is devoted to the issue of the influence of the norms of administrative law, in particular those regulating the administrative competence of state authorities and their officials, on the procedural legal capacity of state authorities that participate in the consideration of cases in the civil court procedure in connection with performing their state functions and powers.Using the example of a specific court (civil) case, the author analyzes the possible procedural consequences of depriving a subject of authority of his administrative competence during the consideration of a civil case, their impact on the exercise of his procedural rights by such a subject, in particular, on the possibility of appealing a court decision. The author emphasizes that in the case when a subject of authority takes part in a court case precisely in connection with the performance of the functions and powers entrusted to him by the state, the institution of public legal succession, which is more characteristic of the administrative process, can and should be applied also when consideration of cases which, in the opinion of the Supreme Court, should be considered in the manner of civil proceedings.It is noted that a similar practice of recognizing the admissibility of procedural legal succession precisely based on a public legal succession of subjects of authority has already been formed during the review by the Commercial Court of Cassation as part of the Supreme Court of commercial disputes regarding compensation for damage caused to subjects of private law as a result of improper state regulation of the insurance market, although in this category of cases, there are direct procedural instructions of the law.As a result, the author concludes that Part 1 of Article 55 of the Civil Code of Ukraine allows the procedural legal succession of subjects of authority, who participate in the consideration of civil cases, not only in cases of civil legal succession but also in the case of public legal succession, if the dispute is related to the exercise by the subject of authority of his administrative competence and its change or cancellation takes place.

The concepts of arrangement in case fees in civil cases

The principle of paying court costs in civil courts is borne by the losing party. The payment for the court fee is taken from the down payment for the court fee paid by the plaintiff. The judge's decision regarding the imposition of court fees on the losing party is a punitive decision, so it must be carried out by the losing party. According to Abdul Kadir Muhamad, when a decision has been enforced, there is no longer any opportunity to use ordinary legal remedies against the decision. Therefore, the judge's decision which has permanent force (incracht van gewijsde) must be implemented without delay.

ISSUES OF RESPONSIBILITY IN THE FIELD OF INTELLECTUAL PROPERTY

This article analyses the specifics of resolving disputes on liability for violations of intellectual property rights under the legislation of the Republic of Uzbekistan. The authors separately studied the specifics of resolving issues of property liability in civil and economic courts, public law disputes in administrative courts, as well as administrative offenses and crimes in criminal courts. Based on the analysis, the authors note the importance of 1) specialization of courts; 2) the use of alternative dispute resolution measures; 3) improving the system of execution of court decisions; 4) the use of an integrated approach to solving problems of responsibility on the Internet.

Antimicrobial Stewardship in a Psychiatric Hospital: Opportunities for Improvement

Background: Western State Hospital (WSH) is an 800-bed, state-owned psychiatric hospital in Washington State which services individuals in 20 counties. WSH provides services and inpatient treatment to patients referred via behavioral health providers and/or the civil court system. Because many patients are admitted with serious, long-term illness, WSH also provides primary care and addresses infectious syndromes encountered in admitted patients. In January 2016, WSH officially began their antimicrobial stewardship program (ASP). In 2017 WSH joined the UW Center for Stewardship in Medicine (UW-CSiM) to grow and optimize their ASP. Methods: The lead pharmacist at WSH participated in weekly hour-long education and tele-mentoring sessions through the UW-CSiM program. Educational materials were adapted from UW-CSiM didactics and delivered to providers during regular meetings and grand rounds. Daily pharmacist led prospective audit with feedback was conducted. Antibiotic use data were collected and measured by days of therapy (DOT) per 1000-patient days from pharmacy dispensing records from 2015 to 2022. Results: From 1/1/15 to 12/31/22, there was a consistent trend of decreasing antibiotic consumption annually. In particular, antibiotic use decreased by over 65% ranging from 35-43 DOT per 1000 patient-days in 2015 to 9-11 DOT per 1000 patient-days in 2022 (Figure 1). This translates to approximately 1000 antibiotic days of therapy in 2015 and 200 days of antibiotic therapy in 2022. As of 2022, the two most common antibiotics used were cephalexin and sulfamethoxazole/trimethoprim Conclusion: Although treating infections is not a principal focus of a psychiatric hospital, patients receiving care in inpatient psychiatric facilities do experience common infections and receive antibiotics during their stay. At WSH, initiation of an antimicrobial stewardship program was associated with sustained decrease in total antibiotic DOT over 7 years. These data highlight the impact of tele-education and tele-mentoring in infectious diseases and antimicrobial stewardship as a path to build a successful antimicrobial stewardship even without formal infectious diseases training. Our single center experience at a large psychiatric hospital demonstrates the use of antimicrobials in these facilities and the opportunity for a large impact of an antimicrobial stewardship program in inpatient psychiatric facilities.Disclosures: None.

Civil court decisions in the Republic of Moldova: essence, distinctive features and separate types

In this article, the authors conduct a scientific study of the distinctive features and highlight certain types of judgment in civil cases. In particular, the authors draw a distinction between other decisions issued in the framework of civil proceedings, and also highlight certain types of court decisions inherent exclusively in civil proceedings. The authors give specific features of the court decision that distinguish it from other acts of the court, namely, the court decision is a procedural document that resolves the case and restores violated rights, issued by the court in the procedural form established by law on the basis of consideration of the case on the merits. Separately, a characteristic is given to each type of court order and the requirements that each court order must comply with are characterized.