Court Decisions In Cases Research Articles

Peculiarities of Court Decisions in Cases Involving Children

Peculiarities of Court Decisions in Cases Involving Children

Controlling non-controlling shareholders: The case of effective control

Abstract One of the most important developments underlying capital markets in recent years is the increase in the influence of activist minority shareholders. In a company without a controlling shareholder, dominant and activist shareholders, who hold only a low proportion of the company’s shares, can influence and even tip the scales in the decisions made and direct the company’s business. The legal system therefore imposes a fiduciary duty not only on controlling shareholders but also on those with effective control. Alongside the obligation, however, the absence of a clear and explicit definition of the concepts of effective power and effective control stands out. The Article empirically analyzes key court decisions litigated under Delaware law and finds that only two explanatory variables significantly explain court decisions in cases where the question of effective control arises. It therefore proposes a test for estimating shareholders’ effective power borrowed from the field of cooperative game theory. The test is based on the Shapley Value and Shapley and Shubik’s Power Index. The Article presents its application to decisions made at shareholders’ meetings to estimate the effective power of activist minority shareholders in various decisions. This test is simple to operate, objectively examines the situation based on the factual system that existed at the time the decision was made, and is not limited to specific ownership structures, particular markets, or current times. Adoption of the test is expected to increase the legal certainty regarding the imposition of duties on activist minority shareholders with effective control, thereby reducing the agency costs created as a result of the gap between their formal share in the corporation and their effective power.

Penetapan wali adhol dalam perspektif hukum islam dan hukum positif

One of the pillars of marriage is having a guardian on the part of the prospective bride, but in reality not all lineage guardians are willing to marry off their daughters, guardians who are reluctant to marry are called adhol guardians. This article will examine the case of determining an adhal guardian in the Kraksaan Religious Court case decision Number: 0078/Pdt.P/2020/PA.Krs. This research aims to determine the legal status of adhol guardians according to Islamic law and positive law, and to determine the factors that cause applications for adhol guardians at the Kraksaan Religious Court. The research method used is qualitative/field research (field research) where this research is descriptive. The data collection method was carried out through observation and interviews. The data sources used come from primary data and secondary data. The data analysis used is qualitative data analysis with an inductive thinking approach. Based on the results of the research, it was concluded that the legal status of the adhol guardian according to Islamic law and Positive law is valid, based on Islamic law, namely paying attention to qoidah fiqhiyyah and also in the 24th letter of the Al-Nur verse 32 of the Al-Qur'an there is an order to marry men and women who alone is worthy of marriage. And based on positive law, namely Law Number 1 of 1974 concerning marriage, article 23 of the Compilation of Islamic Law. The main factor is that many people apply for adhold guardians at the Kraksaan Religious Court because fathers as lineage guardians are reluctant to marry off their daughters for various reasons.

Legal Frameworks Upholding Deceased Individuals' Rights and Enabling the Use of Cadavers in Anatomy Education and Research: A Systematic Review.

The study of human cadavers is essential for teaching, advanced training, and research in medical and anatomical sciences. Medical institutions around the globe presently face a scarcity of cadaver supplies. For the majority of countries, unclaimed bodies are still the primary source of cadavers despite guidelines issued by the International Federation of Associations of Anatomists, which discourage the use of unclaimed bodies.This self-funded study aims to conduct a review of the existing national and international laws safeguarding the several rights of a deceased person. The study also reviewed the existing anatomy acts (and related acts) across various countries that facilitate cadaver supply for anatomy education and research. According to Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) guidelines, an online search for publications in four medical databases (PubMed, Scopus, Web of Sciences, and Google Scholar) was conducted from 1950 till 2022. A research review protocol was registered in PROSPERO prospectively (registration ID: CRD42023469534)using the Mesh terms like cadaver, anatomy education, dead person and rights, body donation program, unclaimed bodies, and anatomy acts. After the application of the eligibility criteria, 149 publications were shortlisted. After reviewing all the shortlisted articles, laws, and guidelines, using the data extraction checklist prepared by both authors, five international laws, three supreme court case decisions, two high court case decisions, four Indian penal Code Sections, and 22 anatomy acts were selected. Articles from other medical databases could not be reviewed, which wasthe limitation of this study. The anatomy/human tissue/tissue transplantation acts and advisories from regulatory bodies of individual African, Middle-Eastern, and European countries could not be retrieved. The review findings will emphasize the distinctions between India's anatomy acts and those of other developed nations, thereby broadening our perspective as we propose a model anatomy act for uniform implementation across the country to streamline the procurement of cadavers.

Interrelationship of tax liability with the principles of tax law

The article examines the relationship between tax liability and the principles of tax law in the current legislation and regulatory requirements of the European Union. The object of research is social relations that regulate the emergence, change, fulfillment, termination of tax liability in the context of the principles of tax law. The subject of the research is the norms of the Constitution of Ukraine, current tax legislation and other normative acts. During the research, various methods were used, in particular: historical-legal, systematic, comparative-legal, formal-legal, teleological, general scientific methods: analysis, synthesis, induction, deduction. It is indicated that the tax liability is the taxpayer's duty to pay the state a certain amount, which the taxpayer independently calculates and reflects in the tax return. It is noted that the principles of tax law and the principles of tax liability and taxation are mutually related and are reflected in regulatory acts of tax legislation or other regulatory documents. The Tax Code of Ukraine specifies the following principles: universality of taxation; equality of payers before the law, inevitability of liability; presumption of legality of the taxpayer's decisions: fiscal sufficiency; social justice; neutrality of taxation; stability; uniformity and convenience of payment; a unified approach to setting taxes and fees. Separate principles are defined in the Constitution of Ukraine - the principles of rule of law, legality, etc. The legal principle of the economy of taxation is manifested in the requirement for the economic basis of income taxation. In the tax law of the countries of the European Union, the presumption of legality of the taxpayer's decisions is expressed through the rules on the inadmissibility of various forms of tax abuse, which have a codified status. The development of these principles in the tax law of the member states of the European Union has recently taken place in the form of determining the criteria for the application of scientific doctrines in model taxation situations, based on specific court decisions in cases on determining the amount of tax liability.

The quality of judicial decisions in cases of bullying in professional educational institutions

The positions of scholars on the concept of “judicial decision quality” have been examined. Criteria for a high-quality judicial decision include justice, timeliness, justification, clarity, clear language, and an accessible style. The researchers also distinguish between objective (legal training, legal experience, qualification requirements for judicial candidates, opportunities for practicing judges to improve their skills, mechanisms for monitoring the work of judges, unrestricted public access to judicial decisions, the role of legal science in analysing judicial decisions) and subjective (the judge’s personality, salary, social guarantees, working conditions and ability to organise their work) factors that affect the quality of a judicial decision. The summaries of judicial practice and analytical work on the application of the Supreme Court’s legislation focus on the following requirements for the quality of drafting and execution of court decisions in cases on administrative offences: execution of a judicial decision with strict compliance by the court with the requirements established by law to its form and content, compliance with the legislation on the language of legal proceedings.
 Normative legal acts aimed at developing a unified approach to understanding the quality of judicial decisions have been analysed. Requirements for determining the quality of a judicial decisiont are considered in the Conclusion of the Advisory Council of European Judges No. 11 (2008) on the quality of judicial decisions, including external environment – legislation and economic and social context (legislation, resources, actors in the judicial system and legal education), internal environment - professionalism, procedural rules, case consideration and decision-making (professionalism of the judge, procedural rules and case management, case consideration in court, elements inextricably linked to decision-making).
 Judicial decisions in cases of bullying in vocational education institutions adopted in accordance with the provisions of the Code of Ukraine on Administrative Offences are considered with regard to the presence or absence of requirements for the quality of judicial decisions. It has been established that a certain number of judgements do not have the components of judicial quality.
 Shortcomings of the current legislation on administrative offences have been highlighted. In particular, the outdated provisions of the Code of Ukraine on Administrative Offences; the absence of an article that would provide for the adoption of rulings by courts in the name of Ukraine in cases of administrative offences, etc.
 The article analyses the judicial decisions made by courts in the period from 2019 to 2021 in cases on administrative offences involving bullying of participants in the educational process in vocational education institutions in terms of their clarity (comprehensibility) and validity. It has been highlighted that most judicial decisions contain an exhaustive list of evidence in the case; the courts comply with the requirement to find out whether an administrative offence has been committed, whether the person is guilty of committing it, whether he or she is subject to administrative liability, etc..

Advancing Sustainable Justice through AI-Based Case Law Analysis

Background: Ukraine has a unique Unified State Register of Court Decisions that publishes all court decisions in cases considered and resolved by courts in the public domain. There are more than one hundred million such documents in the register today. This provides unique opportunities for collecting, analysing, and summarising the empirical base of justice. This has the potential to form the basis for further transformation of the national model of justice. This study's impetus may have risen from the realisation that relying solely on human resources for such endeavours may present challenges. Methods: The study is based on the hypothesis that using hardware and software to analyse large data sets of state registers of court decisions and judicial statistics data can identify persistent patterns and causes of inefficient functioning of the judicial system. Results and Conclusions: The study led to the development of software with functionality that annotates court decision text, intended for further use in advanced Natural Language Processing algorithms. Furthermore, the study underscores the need to develop an algorithm for predicting risks and outcomes of court proceedings and a methodology for processing large amounts of data from the Unified State Register of Court Decisions. This is justified based on specific indicators of the effectiveness of dispute resolution. This article advocates for the use of machine learning algorithms as an innovative tool to generalise large data sets from court decision registers, particularly to obtain objective data on a large scale. The article also examines the prerequisites for establishing the Institute of National Judicial Practice and explores its functioning in the present stage of judicial reform.

Recent Decision of the Spanish Supreme Court on the Elimination of Double Taxation under the Spanish Corporate Income Tax Act

In this note, the author comments on the recent Supreme Court decision in Case 7910/2020 (14 November 2022), which addresses the elimination of double taxation under the Spanish Corporate Income Tax Law. Specifically, the case, which concerns the interpretation of the tax credit method for the elimination of double taxation, addresses (i) the determination of the deduction base and how expenses are computed in determining net income and (ii) the deductibility of foreign tax expenses from the tax base. The author analyses the application of the Supreme Court thesis to the exemption method, concluding that even though the decision clarifies the treatment of foreign taxes in the context of the rules for the elimination of double taxation, it is not clear whether this decision supports the deduction of foreign tax expenses in the context of the exemption method.

Problems of calculation of the terms of appeals of decisions made in the order of summary proceedings

The subject of the research is the features of the appeal of court decisions in cases considered in summary proceedings.The methodology. Analysis and synthesis, dialectical method as well as formal legal interpretation of Russian legislative acts.The main results. The author critically assesses the provisions of the procedural legislation, focuses on the problems that exist in practice. (1) There is a different procedure for notifying a decision adopted as a result of summary proceedings, according to the norms of the Civil Procedure Code and of the Arbitration Procedure Code. (2) It is concluded that the dependence of the beginning of the period for filing an application for drawing up a reasoned decision on the day of placement of the operative part of the decision or on the day of its adoption significantly complicates the timely implementation of such a right. A different construction will be justified and practically convenient: fixing in the law a single moment of the beginning of the period for an appeal against a decision - from the moment a copy of the operative part is delivered (irrespective of the application for drawing up a reasoned decision). (3) If the deadline for filing an application for the preparation of a reasoned decision is missed, the issue of its restoration should be resolved only if the deadline for filing an appeal has not been missed. If the deadline for filing an appeal is missed, then a reasoned decision on the case should be made only if the specified dead-line is restored.Recommendations are offered on the possible improvement of procedural rules on summary proceedings. In particular, the issue of increasing the period for applying for a reasoned decision was raised. It is proposed that the start time for filing an application for the preparation of a reasoned decision be determined from the day a copy of the decision is handed over to the persons participating in the case, or the decision is posted on the court's website.Conclusions. The identified problems call into question the merits of the summary procedure, show in practice its difficult and complicated order. The existing model of summary proceedings needs to be significantly detailed in order to increase the guarantees of judicial protection.

Justice in the provision of healthcare services – A stifled right in the private sector

Private medical aids are essentially non-profit organisations that aim to deliver speedy treatment and should prevent members from unexpected, out of pocket expenses for medical care. However, although the latest statistics show that 16.2% of individuals in South Africa were members of medical aid schemes, making the promise of private healthcare accessible to a small percentage of the population, they are not without their own unique set of challenges. The restrictions that exist within the private sector have a direct bearing on the types of healthcare services patients can access, which in turn impacts on the fundamental right to access healthcare. Using a recent High Court Case decision, this article seeks to explore whether there is justice in the provision of healthcare services, specifically within the private sector in South Africa.

Az elévülés intézményéről a bírói gyakorlatban

The aim of this publication is to present one of the legal institutions of Hungarian civil law, the statute of limitations, and its legal effects, with special regard to the calculation and the expiration of the statute of limitations. Through concrete court case decisions, I intend to highlight which grounds, according to the applicable judicial practice, are considered to be “excusable grounds” to be examined in the course of the statute of limitations and not listed in the law, with special emphasis on court decisions that were made in the course of the relationship between the out-of-court negotiations and the discussions between the claimant and the debtor, and the statute of limitations.

Zadłużenie składkowe jako przyczyna przedawnienia prawa do świadczeń z ubezpieczenia chorobowego przysługującego przedsiębiorcy

Contributory debt as a cause of the statute of limitations on the right to sickness insurance benefits of an entrepreneur As of January 1, 2022, the act on monetary benefits from social security in case of sickness and maternity was amended, consisting, amongst other things, of the introduction of Article 2a, which modified the mechanism for acquiring the right to sickness insurance benefits for persons who are contributors to their own insurance. The purpose of the new regulation was to connect the acquisition of the right to benefits with the absence of a contributory debt exceeding 1% of the minimum wage, under the pain of the statute of limitations in the event of failure to settle the debt within six months from the date the right to benefits arises. The article presents the subject and object scope of the new legal regulation, discusses the concept of contributory debt, analyzes the legal nature of the statute of limitations and also points out the circumstances that may affect its course. The study makes extensive use of court case decisions regarding Article 6(2) and (3) of the act on social insurance for accidents at work and occupational diseases.

Analysis of court decisions in cases on provision of in vitro fertilization services in Ukraine and Europe

The main reason for the rapid development and promotion of reproductive technologies is the desire to have children of people who, for certain reasons, create such an opportunity. When writing the article, such methods were used as: historical, analysis, synthesis, systemic, functional, special-legal. It is argued that two types of reproductive technologies are of particular importance for medical law: in vitro fertilization and surrogacy. It is argued that such reproductive technologies as in vitro fertilization are an auxiliary introduction of donor material (sperm or egg) into all forms of a woman. It is also noted that not all researchers today support and consider optimal the formulations established in the main legislative acts of Ukraine on health care, regarding the right of every woman capable of fertilizing and implanting an embryo. The conclusions emphasize the importance of providing legislative guarantees for the possibility of introducing certain reproductive technologies for people who need such interventions for medical reasons. It is proposed to classify the principles of donation of reproductive cells such as sperm, oocytes and embryos. For this purpose, court rulings in cases involving the provision of in vitro fertilization services were also analyzed.

Artificial intelligence, digital technologies and the future of law

Intensive use of artificial intelligence and digital technologies is becoming an integral part of our everyday life. Artificial intelligence algorithms are effectively used to diagnose diseases, help overcome language barriers thanks to automatic translation, make court decisions in cases, analyze the psychological state and consumer needs of social network users and, as a result, affect basic human rights and freedoms. In these examples, the advantages are clear, but there are many ethical and legal problems that can lead to serious negative consequences. It is significant that so far the norms of national and international legislation have regulated relations between individuals, but with the development of artificial intelligence, another plane of interaction appears - "man-machine". Communication takes place between a person and an algorithm without the participation of other people, and it is the algorithm that is authorized to make certain decisions: from a chatbot that will offer the best travel options to a robot that will decide whether to let you cross the border or use a weapon against you or whether to hire you. The purpose of the research is to analyze the specific features of the formation and development of the artificial intelligence, digital technologies and the future of law. The main methods used in the work were: comparative, method of abstraction, deductive method, concretization. The results states that artificial intelligence and digital technologies has not succeeded in surpassing humans in creativity and intellectual abilities. However, it should be remembered that over time it will understand its internal structure and will be capable of self-improvement, so society needs to create certain ethical standards for the development and operation of artificial intelligence technologies. The conclusion is oriented on the fact that, the technological paradigm is changing, management models and social norms are changing, large-scale developments are taking place demographic changes. Therefore, all the mentioned above requires additional analyses.

JURIDICAL REVIEW OF MONEY LENDING AGREEMENTS DECLARED VOID BY LAW

This study aims to determine whether the decision of the West Jakarta District Court Judge who decided on the Loan Agreement between Nine AM Ltd. with PT. Bangun Karya Pratama Lestari is null and void in accordance with the law of agreement or not and to find out the juridical implications of the West Jakarta District Court Decision in Case No. 451/Pdt.G/2012/PN.Jkt.Bar regarding the cancellation of the loan agreement. This study uses a normative legal research type using a statute approach and a case approach. The results of this study are 1) The decision of the West Jakarta District Court is in accordance with the law of the agreement that the agreement is null and void. This is because the Loan Agreement has violated the provisions of Article 1320 of the Civil Code, namely the non-fulfillment of the element of a lawful cause and contrary to Article 31 of the Language Law and Article 1339 of the Civil Code which stipulates that an agreement is not only bound to what is expressly agreed. in the agreement, but also bound by propriety, custom, and law. 2) The juridical implication of the decision is that any agreement that is not made in accordance with the provisions of Article 31 of the Language Law will be declared null and void/the agreement is deemed to have never existed and the parties are returned to their original condition. Likewise, any accompanying agreement (accessoir) will also be declared null and void, even though the agreement is made in the presence of an authorized official

Authority of Prosecutor as the Executor of Judge’s Decision Stating That the Evidence Is Confiscated for the State; Criminal Act in the Excise Field

The objectives of the current study are: 1) to identify and analyze the authority of prosecutor as the executor of judge’s decision on the spoils resulting from criminal act of excise, 2) to find out and analyze the arrangements regarding the coordination of the prosecutor as the executor with the Director of Enforcement and Investigation/ Head of the Regional Office of the Directorate General of Customs and Excise related to the execution of the judge’s decision stating that the evidence is confiscated for the state in criminal act in the excise field. This study applies a qualitative approach and uses secondary and primary data as support. The results of the study show that: (1) the executive authority of the prosecutor to carry out court decisions that have permanent legal force in criminal cases is regulated in Articles 270 to 276 of the Criminal Procedure Code. The provisions of Article 270 of the Criminal Procedure Code are in line with the provisions described in Article 54 paragraph (1) of Law No. 48 of 2009 concerning Judicial Powers that the implementation of court decisions in criminal cases is carried out by prosecutor. Then, the implementation of court decisions in cases of criminal acts in the excise field still refers to the Criminal Procedure Code because the Excise Law does not specifically determine the party authorized to carry out the execution of state booty in excise crimes, (2) the execution of judge’s decision stating evidence confiscated for the state in a criminal act in the excise field does not include regulations regarding the coordination of the prosecutor as executor with the Director of Enforcement/Head of Regional Office of the Directorate of Customs and Excise Enforcement and Investigation.

Understanding corruption through the analysis of court case content: research note

PurposeThe two main objectives of this project were to advance knowledge about the way corruption and related offences are structured and operate in society and to draw inferences on the efficiency and efficacy of the judicial authorities in handling reported offences with the ultimate goal of improving and effecting control policies.Design/methodology/approachIn this research note the authors attempt to explore the relevance of judicial materials. The authors developed an analytical framework to extract information from court case decisions and analysed 838 court cases on corruption and related offences in Portuguese first instance courts for the period 2004–2008 to map the distribution of corruption and related offences, understand the anatomy of corruption as a criminal offence and learn from the judicial system's capacity to investigate, prosecute and trial reported occurrences.FindingsMost corruption cases took place in the major metropolitan areas, involved municipalities as passive agents and construction companies as active agents and had to do with urban sprawl and land management policies. Court data also allowed the authors to gauge the areas or sectors of activity more exposed to corruption risks. Generally speaking, these tend to be those areas or sectors characterized by high levels of informality and clientelism, high profitability ratios deriving from political decisions, unbalanced supply-demand of decisional goods and services, disorganised and fragmented regulation, low levels of transparency and insufficient or misguided supervision.Research limitations/implicationsThe framework for analysis is replicable in other contexts with minor adjustments. The major limitation is access to court decisions/narratives. This project was developed in partnership with the Portuguese Public Prosecutor's Office. This has facilitated access to those materials. For those wishing to use the database, the major limitation is that it covers only the period 2004–2008.Practical implicationsThe court narratives confirm that in cases where the complaint is complemented by documentary, audio, video and photographic evidences collected by special investigative means the subsequent production of proof in court is more effective. The data also suggests that cases reported from inside the organisation where the offence takes place are likelier to reach the trial phase, thus reinforcing the need for diversifying and strengthening reporting mechanisms and procedures and the guarantees to those who are willing to collaborate with the auditing and investigative authorities.Social implicationsThe authors contend that court cases of corruption and related offences yield important and useful policy-oriented information that should not be overlooked by decision-makers when upgrading their efforts to fight corruption.Originality/valueThis research note introduces a novel dataset on corruption court cases in Portugal. The policy significance of this dataset is threefold: (1) it provides decision-makers a more detailed mapping of the volume and distribution of corruption and related offences across the country than that provided by standard judicial statistics; (2) it fosters knowledge on key sociological aspects of the corrupt fact, thus helping decision-makers to understand better the type of actors, objectives, contexts, resources and exchanges involved and (3) it helps to understand the dynamics of judicial proceedings and how certain procedural and institutional features impact on outcomes.

Major Criminal Issues in the Act on the transboundary Movement of hazardous Waste and their Disposal - focused on whether the waste engine is wastes subject to export or import restrictions(the Supreme Court's decision in case no. 2019DO6525 delivered in November 14, 2019) -

Major Criminal Issues in the Act on the transboundary Movement of hazardous Waste and their Disposal - focused on whether the waste engine is wastes subject to export or import restrictions(the Supreme Court's decision in case no. 2019DO6525 delivered in November 14, 2019) -

O AVANÇO DO COVID-19 E SEUS REFLEXOS NO ROL DE PROCEDIMENTO DA AGÊNCIA NACIONAL DE SAÚDE REGULAMENTANDO OS PLANOS DE SAÚDE

O presente periódico teve por escopo averiguar a abrangência do COVID-19 e verificar as medidas que têm sido empregada no setor privado, especificamente nas operadoras de planos de saúde, possibilitando inclusive a constatação da importância da adstrição ao rol de procedimentos da Agência Nacional de Saúde - ANS. Essa produção foi elaborada por meio de periódicos que enfrentaram temática similar; sites de pesquisas e jornais informativos sobre o número de infectados e mortos, em decorrência do vírus; além de decisões judiciais de processos nos quais foi constatado o papel importante do Rol da ANS, bem como a necessidade de adstrição a este. Nesse sentido, são elencadas informações quanto ao número de mortos nos países e quais deles foram mais afetados. Igualmente, é demonstrado que os sintomas do vírus podem variar, ou mesmo, não se apresentar, o que contribui para sua rápida disseminação global, ensejando medidas preventivas e repressivas como informativos sobre o vírus, determinação de utilização de máscaras e de lockdown. O cenário da pandemia têm ensejado a implementação de medidas que também alcançam o setor privado, especificamente as operadoras de planos de saúde e ANS que as regulamenta. Assim, neste texto são citadas algumas das implementações realizadas pela ANS, no intuito de possibilitar amplo acesso àsaúde neste período, podendo-se inclusive constatar alterações no Rol de procedimentos obrigatórios que corroboram a importância da eficácia deste.

The Long Shadow of Jacobson v. Massachusetts: Epidemics, Fundamental Rights, and the Courts

When emergency health measures have impinged on constitutional rights, judges have often turned to a 1905 Supreme Court case decision, Jacobson v. Massachusetts, which upheld a state law requiring smallpox vaccination. Courts are all over the map on how to apply Jacobson.. Some have viewed Jacobson as providing a special constitutional standard during epidemics. As this paper shows, history doesn’t support that view. Other judges have used “business as usual” constitutional analysis that ignore the crisis conditions under which the government must contend with today. During a pandemic, the government confronts a fast-changing situation presenting risks of catastrophic loss of life, under conditions of uncertainty. Similar conditions prevail in national security cases. There, courts apply the normal constitutional tests but give extra deference to the government. Many though not all of the reasons are similar to the coronavirus situation. The lesson would be to utilize the usual tests, but with allowances for the government’s need to take precautionary actions despite high uncertainty.