Reform Of Code Research Articles

Beyond suffrage: the role of Cuban women in the state-building years of a failed democracy (1940–1952)

ABSTRACTDuring the first third of the twentieth century, several women joined associations to promote legal reforms. Between 1917 and 1934, the Cuban Parliament passed laws regarding women’s legal status, therefore challenging the traditional relations between state, Church and family inherited from the colonial period. Although the Constitution of 1940 incorporated these measures, Cuban women barely took part in state institutions, but their increasing presence in public affairs marked a turning point in their social status. A few women were appointed as Cuban representatives to international organizations, and political parties set up female auxiliaries. Moreover, several women’s associations worked for peace, demanded improvements in the healthcare system, took action towards enhancing education in rural areas and pushed for effective reform of the Civic Code in order to provide equal rights for men and women. African-Cuban women’s participation in these organizations was limited due to discrimination and they in turn set up their own organizations.

Las aguas del minero: definiciones jurisprudenciales, reforma al Código de Aguas y su necesaria reconfiguración práctica como solución a los desafíos ambientales contemporáneos

Este trabajo centra su estudio en la institución de las aguas del minero, ahondando en su reconfiguración normativa y jurisprudencial de acuerdo a los más recientes pronunciamientos de los Tribunales de Justicia. De esta manera se busca dar cuenta de las problemáticas actuales de los proyectos mineros, tanto en su evaluación ambiental como en su ejecución, junto con una propuesta del nuevo rol de los derechos de aprovechamiento de aguas del minero como solución a estos. Finalmente en el marco de la reforma al Código de Aguas se formulan una serie de propuestas a las modificaciones en trámite.

Division of Invalid Transactions into Null and Voidable in Civil Law: Ideas and Results of the Russian Civil Code Reform

As a result of the reform of the Russian Civil Code the rules on the invalidity of transactions were significantlychanged. The new legal regulation does not fully reflect the ideas that were put forward in thedevelopment of the Concept of development of civil law. The article analyzes the main changes in thelegal regulation of the invalidity of transactions and gives assessment of the results of the Civil Codereform. It concludes about inconsistency and incompleteness of the new rules, which, on the one hand, bring together legal regimes of null and voidable transactions, and on the other retain their legal differentiation.Preserving division of invalid transactions into the null and voidable at unifying their legal regimescreates additional problems of their qualification and involves the expansion of opportunities forinvalidation of transactions that are not consistent with the purposes of reform. The new common ruleson invalidity of transactions contain a huge negative potential, the use of which by dishonest personscould undermine the stability of civil turnover even more than it was in the pre-reform period. In particular,the number of kinds of null transactions increased; too broadly interpreted concept of transactionswhich violate the public interest; the requirement to invalidate voidable transactions may declare anyparty to the transaction in connection with violation of any legal requirements, etc. The article proposesto refuse legal division of invalid transactions into the null and voidable. It is proposed to establish asingle legal regime for all invalid transactions (null, voidable, failed ones), based on the presumption ofthe validity of any of the transaction resulting from the presumption of good faith and reasonablenessof any actions of the participants of civil turnover. The presumption of the validity of any transaction canbe rebutted only by a court. The legal regime of contesting transactions should be differentiated notby type of invalidity, but in accordance with the particular composition of certain invalid transactions.

Polityka karna sądów w kontekście reformy prawa karnego. Wstępne wyniki badań

Penal policy of courts in the context of criminal law reform.Preliminary research resultsThe subject matter of the article is the penal policy of courts of law implemented in 2005 and 2010, and in the years 2014–2015, presented based on court statistics. The principal objective of the discussion is to find the answer to the question of whether the penal code reform implementedby the Act of 20 February 2015, which became effective on 1 July 2015, brought about the expected changes in the jurisprudence. The preliminary results of the research demonstrated that the penal code reform did to an extent result in the expected changes in the penal policy, because, after its implementation, the extent to which the penalty of imprisonment with conditional suspension of its enforcement was imposed decreased, and the importance of the penalty of restriction of liberty increased. Also, the importance of the so-called mixed penalties increased. However, contrary to the expectations, the importance of unconditional imprisonment did not decrease and, instead, its share increased from 12.1% in 2014 to 14.4% in 2015.

Representaciones y problematizaciones de la organización familiar en la literatura infantil y juvenil argentina.

El objetivo principal de este artículo es describir, analizar y comparar las configuraciones familiares en la literatura infantil y juvenil argentina luego de la reforma del Código Civil (Ley 26.994), promulgada en 2014, y la sanción de la Ley n.°26.618 de Matrimonio Igualitario, aprobada en 2010. El estudio se enfoca en las familias homoparentales como nuevo contexto jurídico y social. Pretendemos dar cuenta de cómo la industria cultural argentina narra esas historias, analizando los elementos que aparecen y se omiten en los textos.

Corporate Governance Reforms in Japan: Instilling the New Regime

AbstractThis paper analyzes recent transformations in Japanese corporate governance within the context of the 2002 reform of the Japanese Commercial Code and the ensuing legislations. It is widely recognized that ongoing changes in Japanese corporate governance are aimed at incorporating key principles of Anglo-Saxon corporate law. However, this alone does not explain why, under the minimal role of market for corporate control and with predominantly insider-oriented boards, directors of Japanese stock-listed enterprises have become increasingly sensitive to indices reflecting their companies’ share value. The paper argues that this shift is caused by the newly emerging regime of veridiction. The latter, as the study indicates, is the normative discourse constituted on the basis of Japanese corporate governance enactments over the last two decades.

On the Issue of Legislative Regulation of Transferability of Objects of Civil Rights in the Context of the RF Civil Code Reform

On the Issue of Legislative Regulation of Transferability of Objects of Civil Rights in the Context of the RF Civil Code Reform

Prevention of the Right Abuse by the Parties Involved in Legal Relations When Obligation Performance is Deligated to the Third Party

The RF Civil Code reform has entailed major changes in the legal regulation of property relations. New rules concerning performance of obligations by third parties, which increased the imbalance of interests of the debtor, creditor and third parties, have emerged. Negative effects of changes in the rules regulating performance of obligations by third parties are also evident in the fact that the provisions of Article 313 of the RF CC are inconsistent with the other rules set forth in the articles of the RF CC, which does not improve the legal regulation of civil relations. Based on the analysis of provisions of Article 313 of the RF Civil Code, the author concludes that the rules concerning performance of an obligation by a third party permits unscrupulous participants to abuse their rights. Exercising the rights granted to them under Article 313 of the RF Civil Code, the debtor and third parties may violate the general limits of exercising civil rights stipulated in civil law. If the abuse of the right results in violation of another person's right, the latter is entitled to resort to the means of protection available to him. Making the decision, the courts recommend to assume that, by reinforcing the creditor's duty to accept performance from a third party in cases enumerated in Parts 1,2 Article 313 of the RF Civil Code, the law-maker acted in the interest of the creditor. Principles applied in the civil law suggest that in cases where the law allows third parties to participate in the parties' relations at the will of one of them without asking for the consent of the other, all the consequences of such interference are admissible if the interests and expectations of the other party are not violated. The only way to ensure that the rights and interests of the person violated by third parties' intervention are protected in this case is to claim actions undertaken by any participant of those relations unscrupulous and associated with the abuse of right.

채권자대위권에 관한 일본 민법 개정의 시사점과 민사소송법적 쟁점

일본에서는 최근에 민법 개정안이 국회에 제출되었다. 개정안의 내용 중 특히 제423조의5에서 채권자대위권의 행사 후에도 피대위권리에 관한 채무자의 처분권이 제한되지 않는다고 규정한 것과 제423조의6에서 대위소송을 제기한 채권자로 하여금 채무자에게 지체 없이 소송고지를 하도록 규정한 것은 채권자대위소송과 관련하여 의미 있는 내용이다. 이 글은 일본 민법 개정안의 채권자대위권에 관한 내용과 그와 관련된 민사소송법적 쟁점에 관한 일본 학계의 논의를 소개하고, 일본의 채권자대위권의 개정안과 그에 대한 학계의 논의가 향후 채권자대위소송과 관련된 우리의 해석론에 영향을 미칠 수 있는지에 관하여 검토하였다. 일본 민법 개정안에 따르면 채권자대위권이 행사되더라도 피대위권리에 관한 채무자의 처분권에는 영향이 없으므로 채무자는 피대위권리와 관련한 급부소송의 당사자적격을 갖게 되어 동일한 소송물에 관하여 채권자와 채무자의 당사자적격이 병존하게 된다. 따라서 종래 채권자대위권의 행사로서 적법하게 대위소송이 제기되면 이를 안 채무자의 당사자적격이 상실됨을 전제로 전개되었던 일본에서의 소송법적 논의는 변경될 것으로 예상된다. 일본과 달리 우리 민법 제405조는 채무자가 채권자대위권의 행사의 통지를 받은 경우에는 피대위권리에 관한 처분을 금지하고 있고, 우리 판례와 통설에 따를때 채권자대위소송의 판결은 채무자가 대위소송이 제기된 사실을 안 때에는 채무자에게도 그 효력이 미친다. 그런데 우리나라의 통설은 채무자가 채권자대위권의 행사를 알게 됨으로써 실체법상 피대위권리에 관한 처분이 금지되는 경우에도 피대위권리에 관한 급부소송에 대하여 채권자와 채무자의 당사자적격이 병존한다고 하는바, 중복소송금지, 소송참가 등에서 채권자대위소송과 관련한 우리의 해석론은 종래 일본의 판례 및 통설보다도 채권자와 채무자의 당사자적격이 병존함을 전제로 하는 일본의 개정안에 대한 해석론과 일치하는 영역이 확대되었다고 할수 있다. 다만 위와 같은 우리 민사소송법 학계의 통설이 민법 제405조의 해석론과 정합되는 것인지에 관하여는 재검토가 필요한 것으로 생각된다. 일본 개정안에서 신설된 소송고지는 채무자에게 대위소송의 제기사실을 알려주고 소송절차에 참가할 기회를 보장함과 동시에 대위소송판결의 효력이 채무자에게 미치게 할 수 있는 제도적 장치로서 입법화할 필요가 있다고 생각된다.

Reform of criminal Code and Requirements building of Good Governance

The law is a key input for the establishment of good governance, it is no guarantee the rule of law cannot achieve good governance in the community requirements. So the law must be responsive to the objectives which aims to achieve good governance on the one hand, and the line with the social, economic and political transformations concurrent with his other hand. This dialectical relationship assumes without doubt the various branches of law reform, including the Iraqi Penal Code No. 111 of 1969.
 The purpose statement that includes research on two aspects, the first focuses on clarifying dialectical relationship between good governance and reform of the Penal Code. The second shows the main directions of the reform of the Iraqi Penal Code No. 111 of 1969, with a focus on the most important, in the light of contemporary criminal policy. It is limited to the (humanization of the criminal law), and (expand criminalization circle), and (internationalization of the criminal law).

Procedural tradition in the Italian Criminal Justice System

The reform of the Italian Code of Criminal Procedure (ccp) in 1989 was an ambitious attempt to transplant adversarial principles in a Criminal Justice System (CJS) that was rooted in its inquisitorial structure. From the pure legal perspective, the reform failed because the CJS appears now as a superimposition of adversarial values on a structure that remains inquisitorial. From the socio-legal comparative perspective, however, there are other contextual issues that deserve to be analysed. Following the introduction, I will focus on the changes that have taken place in the Italian ccp in 1989. This part of the article will explain the new semi-adversarial legal structure of the Italian CJS and the reasons why the current procedural system appears very complicated. The second part of the article will concentrate on the inquisitorial cultural resistance that Italian legal actors use to oppose the adversarial reform. The cultural analysis will be emphasised through the contextualisation of the 1989 reform in the Italian distinctive socio-political environment. In the third part I will analyse prosecutors’ legal culture to discuss the internalisation of adversarial principles in the Italian CJS. The conclusion will emphasise the importance of socio-legal asymmetrical comparisons to study the evolution and harmonisation of European procedural traditions.

The moral discourses of ‘post-crisis’ neoliberalism: a case study of Lithuania’s Labour Code reform

ABSTRACTThis article problematizes the neoliberal reconfiguration of labour rights in Lithuania, a newer European Union member state, in which the impacts of the global economic and financial crisis were particularly severe and where radical austerity measures were subsequently imposed. Now, after six years, in an attempt to resolve the exhaustion of previous austerity-based solutions for economic recovery, a new Labour Code is being introduced which will further weaken labour protections and labour rights. This article analyses conflicting positions in current debates over Labour Code reform. It attempts to map the mobilization of strategic discursive resources in an unfolding dialogical ‘moral’ politics of Labour Code reform in the current conjuncture of ‘post-crisis’. Theoretically, this article draws upon the seminal work of the early Soviet Marxist scholar V. N. Voloshinov in proposing a dialogical method which foregrounds the interconnections of language, class and ideology.

Compulsory purchase and compensation update – 2016

Purpose – The purpose of this paper is to summarise and analyse reforms to the compulsory purchase compensation code which have been published for consultation by the Department for Communities and Local Government. Design/methodology/approach – To explain each of the proposals and provide a critical assessment of each of them. Findings – The proposed changes comprise a further small step towards the comprehensive reform of the compensation code which is required. Practical implications – The proposed reforms are to be welcomed but there are a number of areas in which they need refinement following the consultation process. Originality/value – As the proposed reforms were published only in March 2016 there will be few other commentaries available.

Associations between active living-oriented zoning and no adult leisure-time physical activity in the U.S.

Nearly one-third of adults report no leisure-time physical activity (LTPA). Governmental and authoritative bodies recognize the role that community design through zoning code changes can play in enabling LTPA. This study examined the association between zoning and no adult LTPA in the U.S. This study was conducted between 2012 and 2016, with analyses occurring in 2015-2016. Zoning codes effective as of 2010 were compiled for jurisdictions located in the 495 most populous U.S. counties and were evaluated for pedestrian-oriented code reform zoning, 11 active living-oriented provisions (e.g., sidewalks, bike-pedestrian connectivity, mixed use, bike lanes) and a summated zoning scale (max=12). Individual-level LTPA data were obtained from the 2012 CDC Behavioral Risk Factor Surveillance System (BRFSS). County-aggregated, population-weighted zoning variables were constructed for linking to BRFSS. Log-log multivariate regressions (N=147,517 adults), controlling for individual and county characteristics and with robust standard errors clustered on county, were conducted to examine associations between zoning and no LTPA. Relative risks (RR) compared predicted lack of LTPA at 0% and 100% county-level population exposure to each zoning predictor. Zoning code reforms were associated with a 13% lower probability of no LTPA (RR: 0.87, 95% CI: 0.82-0.92). Except for crosswalks, all zoning provisions were associated with an 11-16% lower probability of no LTPA. Having all 12 zoning provisions was associated with a 22% lower probability of no LTPA (RR: 0.78, 95% CI: 0.72-0.83). The results suggest that active living-oriented zoning is a policy lever available to communities seeking to reduce rates of no LTPA.

Challenges of regulatory rights of half-capacitated persons: A sociological perspective on the French Civil Code reform

Democratic societies are based on the principle of equal legal capacity of all citizens to decide and act for themselves in all areas of social life. This “socio-civil capacity”, which may involve both material property of an individual, as well as private life in matters ranging from health to personal relationships, is recognized by the law (both codified law and common law). These rights guarantee the autonomy and freedom of individuals in the name of respect for human dignity. Civil capacity of a person is legally diminished because his or her “natural” abilities, capacity, or competence are reduced. Recent social changes have lead to increased uses of legal measures of protection. The reasons for these changes are complex and they are accompanied by legislative reforms that modify the rights of half-capacitated persons. In this article, we examine certain issues of civil capacity rights based on the French example. We start present a perspective of the historical definition and practice of these rights as well as their democratization.

IMPLIKASI PERUMUSAN DELIK KORUPSI DI DALAM KEBIJAKAN PEMBAHARUAN KITAB UNDANG-UNDANG HUKUM PIDANA

The Criminal Code as a legacy of Dutch colonialism could no longer follow the dynamism of community life. It is too rigid has obliterated the sense of justice which is the goal of the creation of the law itself. This is because the articles of the Criminal Code deemed unsuitable to the development of crime and offenses increasingly complex. In the draft Code of Criminal Law, as one of the reform effort is the formulation of offenses of corruption set out in Chapter XXXII starting from Article 688 to Article 702. With the formulation of the offense of corruption and offenses positions formulated in the draft Criminal Code will disregard the Law Combating Corruption although this law of particular importance because of the substance of the articles draft Criminal Code wants to make corruption has become common crimes and do not pass through handling extraordinary. Law on Corruption Eradication cannot apply even if there is the principle of lex specialis derogat lex generalis, because of the retroactive principle that applies in the draft Criminal Code so that the decision to force the law can still be applied retroactively when the rule of law that new does not regulate the offense of criminal, so punishment can be eliminated.Keywords: Offense Corruption , Corruption , Reform of draft Criminal Code

Communities on the Move: Pedestrian-Oriented Zoning as a Facilitator of Adult Active Travel to Work in the United States.

Communities across the United States have been reforming their zoning codes to create pedestrian-friendly neighborhoods with increased street connectivity, mixed use and higher density, open space, transportation infrastructure, and a traditional neighborhood structure. Zoning code reforms include new urbanist zoning such as the SmartCode, form-based codes, transects, transportation and pedestrian-oriented developments, and traditional neighborhood developments. To examine the relationship of zoning code reforms and more active living--oriented zoning provisions with adult active travel to work via walking, biking, or by using public transit. Zoning codes effective as of 2010 were compiled for 3,914 municipal-level jurisdictions located in 471 counties and 2 consolidated cities in 48 states and the District of Columbia, and that collectively covered 72.9% of the U.S. population. Zoning codes were evaluated for the presence of code reform zoning and nine pedestrian-oriented zoning provisions (1 = yes): sidewalks, crosswalks, bike-pedestrian connectivity, street connectivity, bike lanes, bike parking, bike-pedestrian trails/paths, mixed-use development, and other walkability/pedestrian orientation. A zoning scale reflected the number of provisions addressed (out of 10). Five continuous outcome measures were constructed using 2010-2014 American Community Survey municipal-level 5-year estimates to assess the percentage of workers: walking, biking, walking or biking, or taking public transit to work OR engaged in any active travel to work. Regression models controlled for municipal-level socioeconomic characteristics and a GIS-constructed walkability scale and were clustered on county with robust standard errors. Adjusted models indicated that several pedestrian-oriented zoning provisions were statistically associated (p < 0.05 or lower) with increased rates of walking, biking, or engaging in any active travel (walking, biking, or any active travel) to work: code reform zoning, bike parking (street furniture), bike lanes, bike-pedestrian trails/paths, other walkability, mixed-use zoning, and a higher score on the zoning scale. Public transit use was associated with code reform zoning and a number of zoning measures in Southern jurisdictions but not in non-Southern jurisdictions. As jurisdictions revisit their zoning and land use policies, they may want to evaluate the pedestrian-orientation of their zoning codes so that they can plan for pedestrian improvements that will help to encourage active travel to work.

Access to Collateral and the Democratization of Credit: France's Reform of the Napoleonic Code

We exploit the political economy of a contracting framework to show how access to collateral shapes the composition of corporate borrowing and the demographics of credit access. France's Ordonnance 2006-346 repudiated the 200-year old Napoleonic security code, easing the pledge of hard assets in a country where corporate credit was highly concentrated. The reform was undermined by non-codified laws pushed by in large cities, which allowed them to pledge liquid assets to factoring companies. Using a differences-test strategy, we show that with high utilization of hard assets and limited access to factoring services increased their leverage ratios the most following the reform (intensive margin), with the fraction of zero-leverage firms among them dropping from 89% to 29% (extensive margin). Using contract-level data, we show that access to hard assets allowed for significant reductions in loan mark-ups and increases in loan maturities. Small, profitable, low-risk benefitted the most from derogating the Napoleonic code. Start-up registered unprecedented increases in the use of debt financing at incorporation. Department-level analysis allows us to map the effects of Ordonnance 2006-346 on credit access inequality within and across different areas of the country. The reform reached in rural areas, leading to a pronounced decline in the Gini index of credit concentration across France's countryside.

More Active Living-oriented County and Municipal Zoning is Associated with Increased Adult Leisure Time Physical Activity-United States, 2011.

Although zoning is recognized for its role in facilitating healthy communities, no study has examined whether active living-oriented zoning codes are associated with adult leisure time physical activity (PA). This study sought to fill this gap and hypothesized that adult leisure time PA would be greater in communities with more progressive zoning code reforms and more active living-oriented zoning. Zoning codes for 1,617 county and municipal jurisdictions located in 30 states (covering ~40% of the U.S. population) were evaluated for code reform zoning and 11 active living markers. County-aggregated zoning measures were created for linking with five adult PA behaviors obtained from the 2011 Behavioral Risk Factor Surveillance System controlling for individual and county sociodemographics. Zoning elements most associated with adult PA included requirements for mixed use, active and passive recreation, bike parking/street furniture, and bike-pedestrian trails/paths. This study provides new insights as to the role that zoning can play in facilitating adult PA.

Access to Collateral and the Democratization of Credit: France's Reform of the Napoleonic Code

Access to Collateral and the Democratization of Credit: France's Reform of the Napoleonic Code