Declaration Of Intent Research Articles

민법 개정안에서 의사표시의 유효성

This article analyzes the main contents of the proposed amendments to the Civil Code suggested by the Civil Code Amendment Committee, which was launched on June 16, 2023, in relation to the validity of declarations of intent from a legislative policy and comparative law perspective. First, the proposed amendments maintain the current law for Articles 107, 108, and 110, except for minor modifications in wording. Next, the proposed amendment to Article 109 on mistakes explicitly includes mistakes regarding the juridical act's necessary basis (Grundlagenirrtum) and mistakes induced by the other party as grounds for avoidance. It also modifies the wording of the essential part requirement to clarify the subjective and objective causal relationships as its meaning. Furthermore, it exceptionally allows avoidance even when the declarant is grossly negligent, provided that the other party is also grossly negligent. These changes reflect both case law and comparative law. However, the proposed amendment does not accept the declarant's liability for damages in case of negligence and leaves the possibility of contract modification in case of mutual mistakes to doctrine and case law. Meanwhile, the newly introduced Article 110-2 recognizes a new ground for avoidance when the declarant makes a declaration of intent under undue interference in their decision-making due to a state of psychological dependence or a close relationship of trust. This rule attempts to introduce the common law doctrine of undue influence and protect the autonomy of intent in a manner equivalent to fraud and duress. The content and direction of the above-mentioned amendments appropriately reflect the current state of our doctrine and case law and align with recent legislative trends from a comparative law perspective.

Interprofessional education for the next 50 years

Over the past two decades, there have been important changes to interprofessional education in Australia and New Zealand. Interprofessional education has slowly shifted from peripheral, small-scale education activities attended by volunteer students to become an expectation of many health professional courses to meet accreditation requirements and community expectations of a collaborative healthcare system. In Australia, interprofessional education curricula have been facilitated by increased accreditation expectations and a series of national large-scale funded projects. However, despite declarations of intent and direction, strategic implementation of nationwide recommendations has not been achieved. In New Zealand, large-scale funding has not been available to facilitate the implementation of interprofessional education in the professional courses. Instead, interprofessional education initiatives have been driven by a small group of champions. Furthermore, efforts to achieve the World Health Organization’s (2010) vision of interprofessional education across the education spectrum—to ensure the future and current health workforce have the competencies for interprofessional collaboration—have been hampered in our region by the focus on interprofessional education within tertiary education. This paper outlines the transnational status of interprofessional education and the role of the Australian and New Zealand Association for Health Professional Educators (ANZAHPE) and the Australasian Interprofessional Practice and Education Network (AIPPEN) in progress to date. We conclude with several suggestions for future interprofessional education across our two countries.

МЕМУАРЫ КАК ИСТОЧНИК ПО ИСТОРИИ РУССКОЙ ПРАВОСЛАВНОЙ ЦЕРКВИ В 1918-1921 ГГ.

The article about evaluating the importance of the memoires as a source of the history of the Russian Orthodox Church in 1917–1921. Under the conditions of the Civil War, those sources that appear to be more “objective” than those of personal origin lose some of their significance. The normative documents were often a “declaration of intent” and the actual policies were often very different from what was proclaimed in the laws. The old system of office work was destroyed together with the old state apparatus, the new one was just beginning to be created, which could not but affect the quality of information reflected in official documents. In such circumstances, the information contained in sources of personal origin acquires special meaning. They give us the opportunity to see the events through the eyes of their immediate participants and witnesses, to understand their motives and feelings. Of interest are both the memoirs of archpriests, priests and laymen, and the memoirs of those who implemented anti-religious policy. The comparative analysis of various narratives in sources of personal origin and comparison of such memories with the data of archival documents allows specifying important details of the history of the Russian Orthodox Church at the beginning of the 20th century. The memoirs are an important source on the history of the repressions against believers; they also provide valuable information about the political stance of the Russian Orthodox Church.

Major power competition in the Indian Ocean and doctrinal development in Pakistan

Written military doctrines are generally seen as declaration of intent and strategic objectives by military forces. Pakistan has typically stayed averse to the trend of formal military doctrines owing to its strategic culture. However, in a first precedent Pakistan Navy released a formal military service doctrine in 2018. Yet it remained short of being a truly comprehensive formal naval doctrine. This article explores the naval doctrinal developments in Pakistan since the end of last century, its relationship with the ensuing major power competition in the Indian Ocean region, and its possible implications on doctrinal development in Pakistan.

Emotions in the Mental and Linguistic Space of Lyric Poems

The article is based on a report given in course of the round table meeting 'Language as an art', dedicated to the 90th anniversary since the birth of the outstanding linguist L.A. Novikov, whose reknown works on the issues of linguistic meaning and the aesthetic aspects of language have attracted wide critical acclaim and become a valuable part of philology as a science. The choice of the topic is methodologically adjusted to L.A. Novikov’s conception of verbal arts, which is succinctly represented in the term 'poetheme'. Emotives (vocabulary that names, expresses and describes emotions) can be categorised as poethemes, since the verbalisation process of emotions in poetry is related to their aesthetic transformation. The description of emotions in the article is conducted in multiple directions, each of which is significant in order to understand the specifics of the verbalisation of emotions in poems. The author relates the new aspect of viewing the poetic semantics of emotives to the influence of the grammatical meaning of the verb mood on the illocutionary function of verbalised emotions that take part in the declaration of intent. Besides, the imperative mood and the infinitive accentuate the extravert semantics (emotions for others and for oneself), the subjunctive mood being introvert (emotions for oneself). Additional information regarding the contextual features of emotions could be acquired through the emphasis on the indefinite, demonstrative, negative and possessive pronouns, which accompany emotives. The article demonstrates that metaphorical rows of emotions organise the personal mental image of the poet’s world. Basic poetic emotions, established due to the fact of attractiveness (mutual attraction, approach), are related to Russian mentality as a whole. The range of problems dealt with in the article is significant to filling the forming term 'emotional picture of the world’ with content.

Dysfunctions of family communication as an object of incrimination under the Criminal Code

Communication–as the transmission of information (message) between people, is an essential element of family life. The interpersonality–the relationality of family communication and the systemicity–the functioning of the individual within the subsystems husband-wife, parent-child and child-child should be emphasized. The realities of everyday life, including the cohabitation of family members, imply the frequency, intensity and regularity of communication processes. Abnormal communication implies disruptions in the functioning of the family. An extreme manifestation of such disruptions will be the committing of criminal offences. The aim of the article is to identify and characterize the most important criminal-law aspects of family communication–from the perspective of substantive criminal law. Family communication may be an element of the causative activity of crimes under the Criminal Code. In particular, it is necessary to mention crimes against the family and custody: bigamy (article 206 of the Criminal Code), domestic violence (article 207 of the Criminal Code) and debauching a minor (article 208 of the Criminal Code), as well as a crime against life and health–euthanasia (article 150 of the Criminal Code). The subjects of proceedings will be: declarations of intent by people entering into a marriage (the crime of bigamy); threats, bullying and insults carried out by perpetrators of domestic violence; incitement of minors to consume alcohol (by parents or legal guardians), as well as demands and requests whose object is the will to end life (in the case of euthanasia). Criminally relevant is the context and the relationship of the communication participants–especially the husband (father) as sender in the husband-wife and parent-child communication process. The intensity, persistence and frequency of family communication processes, resulting from cohabitation and other life realities, affect the specificity of the incriminated actions. The analysis of family communication may influence the finding of the accused guilty or the legal qualification of the action. As an example, consider the problem of defining a communication as a request or demand when it is necessary to decide whether the crime of euthanasia has been committed.

From Twitter to Aso-Rock: A sentiment analysis framework for understanding Nigeria 2023 presidential election

IntroductionSocial media platforms such as Facebook, LinkedIn, Twitter, among others have been used as tools for staging protests, opinion polls, campaign strategy, medium of agitation and a place of interest expression especially during elections. AimIn this work, a Natural Language Processing framework is designed to understand Nigeria 2023 presidential election based on public opinion using Twitter dataset. MethodsTwo million tweets with 18 features were collected from Twitter containing public and personal tweets of the three top contestants – Atiku Abubakar, Peter Obi and Bola Tinubu – in the forthcoming 2023 Presidential election. Sentiment analysis was performed on the preprocessed dataset using three machine learning models namely: Long Short-Term Memory (LSTM) Recurrent Neural Network, Bidirectional Encoder Representations from Transformers (BERT) and Linear Support Vector Classifier (LSVC) models. This study spanned ten weeks starting from the candidates’ declaration of intent to run for Presidency. ResultsThe sentiment models gave an accuracy, precision, recall, AUC and f-measure of 88%, 82.7%, 87.2%, 87.6% and 82.9% respectively for LSTM; 94%, 88.5%, 92.5%, 94.7% and 91.7% respectively for BERT and 73%, 81.4%, 76.4%, 81.2% and 79.2% respectively for LSVC. Result also showed that Peter Obi has the highest total impressions the highest positive sentiments, Tinubu has the highest network of active friends while Atiku has the highest number of followers. ConclusionSentiment analysis and other Natural Language Understanding tasks can aid in the understanding of the social media space in terms of public opinion mining. We conclude that opinion mining from Twitter can form a general basis for generating insights for election as well as modeling election outcomes.

Missionale diakonaat: Van fragmentasie na integrasie en impak

The Dutch Reformed Church has a history of social care and development through its professional social service organisations, and of goodwill through its congregations and members. Since 2002, declarations of intent for transformative service from the church in all its facades have testified to the Dutch Reformed Church’s commitment to contribute to a better life for everyone in South Africa. However, it appears in practice that the Dutch Reformed Church’s response has fallen into silos and that it has been challenging to accomplish collective impact.The publication of the Dutch Reformed Church’s Framework Document for Missional Transformation (2013) has increased the need for an in-depth discussion about the diaconate. An outdated diaconate policy (1994) exposed problems with which the Dutch Reformed Church is struggling. It showed, among other things: the ecclesiocentric focus of the diaconate; a theological departure that has not kept pace with the development of a missional theology; and the disposition for separate operatives between the different forms of ecclesiastical diaconate.The aim of this article is to react to the potential for collaboration between different forms of the diaconate in the Dutch Reformed Church. The Research Strategy for Missional Transformation (2018) provides an approach that allows clarification of a research problem that leads to the design of prototypes in the next phase of research. The research shows that collaboration should be approached in a nuanced way, and that practice theory for integrated diaconal ministry should be further researched and developed.Intradisciplinary and interdisciplinary implications: Theological development contributes to a new appreciation for a holistic, interdisciplinary approach to diaconal work.

Civil War Settlers: Scandinavians, Citizenship, and American Empire, 1848–1870

Civil War Settlers: Scandinavians, Citizenship, and American Empire, 1848–1870

양도금지특약 있는 채권양도의 효력

Subsection 449(2) of the Civil Act provides that “Where the parties have declared a contrary intention, a claim shall not be assigned: Provided, That such declaration of intention, cannot be set up against a third person acting in good faith” Regarding the interpretation of this subsection, the existing majority theory and precedents interpret that if there is a special agreement on prohibition of transfer, the transferability of the claim is lost and the transfer of the claim does not occur, but in order to protect the safety of the transaction, the invalidity cannot be claimed against a bona fide third party. This is referred to as the property effectiveness theory. However, on the grounds that improving the property character and transferability of claims is an international trend, the claim effectiveness theory is strongly asserted, which interprets that the transfer of receivables with a special agreement on transfer prohibition is valid, but the debtor can refuse performance against the malicious assignee. Accordingly, an opinion on amendment to subsection 449(2) of the Civil Act was presented.
 However, the claim effectiveness theory has the following questions.
 First, because the current subsection of Civil Act explicitly stipulates that “non-transferability”, it is questionable that this subsection may be interpreted as “transferability.” The reason why the Civil Law has a separate provision on the special agreement for the prohibition of the transfer of receivables is that if the principle of relativity of claims is applied to the transfer of receivables, it may break the trust of the debtor who believed in the special agreement for the prohibition of the transfer of claims, and if the effect of the special agreement for the prohibition of the transfer of receivables is only applied to the contracting parties because it cannot affect a third party, the principle of relativity of claims cannot be adhered.
 Second, the claim effectiveness theory is thought to be an interpretation that overemphasizes the interests of the creditor and the transferee in relation to effect of transfer of receivables with special agreement for prohibition of transfer. It is the creditor and the debtor who have to weigh the profits in relation to effect of transfer of receivables with special agreement for prohibition of transfer, so it would not be reasonable to overemphasize the interests of the transferee.
 Third, the claim effectiveness theory explains that transfer of receivables with special agreement for prohibition of transfer is valid, and the creditor only needs to impose liability for default on the violation of the special contract for non-transfer. However, if the creditor's default is liable to the damages which debtor does not suffer damages, the claim for damages against the creditor will be of no practical benefit. Therefore, it is not appropriate as a legal responsibility for the violation of special agreement for prohibition of transfer.…

Ethical and Legal Aspects of the Dispute Over the Legalization of Assisted Suicide in Italy in 2017-2022

The main purpose of the study undertaken in this paper is a synthetic presentation of the major stages of the dispute over the legalization of assisted suicide in Italy as well as an analysis of selected ethical and legal aspects related to this issue. Assisted suicide is medical and administrative aid provided to a person who has decided to take their own life. It differs from direct euthanasia in the fact that the final act of taking one’s own life, involving deliberate administration of the necessary substances is performed entirely by the patient themself without interference of any third parties. In 2017, the institution of the living will was introduced in Italy, which allows to make a declaration of intent for potential future loss of consciousness and ability to make decisions regarding one’s treatment and saving one’s life. In 2019, the Constitutional Court obliged the parliament to draft a law regulating the termination of life on request. In March 2022, the relevant provisions were voted in the Chamber of Deputies. They were then forwarded to the Senate. Ultimately, this bill was not passed, due to the collapse of the government in July 2022 and the dissolution of the parliament. The conducted analyses showed that the Italian ethical and legal dispute regarding the legalization of assisted suicide is an important element of the contemporary global debate, concerning, among others, medical ethics, value and quality of human life, conscience clause, ethical aspects of suffering and death.

意思表示瑕疵婚姻关系中的效力

意思表示瑕疵婚姻关系中的效力

(Teil-)Rechtsfähigkeit für künstlich-intelligente Aktanten im Zivilrecht? Eine rechtsdogmatische und -philosophische Kritik

This article discusses the question of whether digital actants should be granted the status of legal personhood from a legal-doctrinal as well as legal-philosophical perspec- tive. For this purpose, the historical genesis of the modern understanding of humans as moral persons endowed with a fundamental legal capacity is outlined from ancient Rome to the modern age. Subsequently, the alleged legal-dogmatic need for the intro- duction of a status of digital legal personhood is deconstructed and a proposal for the attribution of digitally generated declarations of intent to users of digital actants is made. This legal-doctrinal engagement is then supplemented by a legal-philosophical critique which singles out vulnerability and the need for legal protection as necessary conditions for granting a status of legal personhood. The article concludes with a cri- tique of legal personhood through a Nietzschean lens which aims to dialectically over- come the limitations of his own account of legal subjectivity.

REGULATION OF UKRAINE’S COMMODITY MARKETS IN CONDITIONS OF EMERGENCY AND MARTIAL LAW

The economy can function both under normal and extraordinary conditions, which include states of emergency and martial law. Emergency conditions arise from time to time and can be both relatively short and sufficiently long. The functioning of the economy in conditions of emergency and martial law can include overcoming the pandemic and repelling armed aggression. The functioning of the economy in conditions of emergency and martial law requires special methods of state regulation, including on commodity markets. The purpose of the article is to determine methodical approaches to the formation of regulatory policy on commodity markets under conditions of emergency and martial law. To achieve the goal, the following tasks were set: 1) to determine the peculiarities of the regulation of commodity markets in conditions of emergency and martial law; 2) assess the effectiveness of regulatory influence; and 3) substantiate recommendations for improvement of regulatory policy. Various methods of sampling and statistical processing of information were used during the research. Data from the State Statistics Service of Ukraine, the Ministry of Finance of Ukraine, and the State Service of Ukraine on Food Safety and Consumer Protection were used for the analysis. Special attention was paid to the methods of price regulation and increasing supply in commodity markets of consumer goods. One of the main features of the functioning of the economy in conditions of the COVID-19 pandemic and martial law is the disruption of the usual supply chains of goods. There is a commodity shortage in the markets, which accelerates the growth of prices. Therefore, the main task of regulatory policy in commodity markets is to encourage supply and curb inflation. To this end, during 2020-2022, a set of measures was introduced: the procedure for starting a business was simplified, the tax burden was reduced, pricing was deregulated, exports were limited, barriers to imports were lowered, a declaration of intent to increase prices was introduced, price limits were established, etc. As a result of the conducted research, it was found: 1) high efficiency of influence on the price dynamics on the part of export restrictions and tax benefits; 2) low effectiveness of the declaration of the intention to increase the price; 3) relatively high efficiency of setting ceiling prices during a pandemic and low efficiency of this measure under martial law; 3) high expediency of introducing free prices on the markets of goods of significant social importance with high competition between suppliers; 4) great importance of the competition between suppliers to overcome shortages and price stability. In order to improve the regulatory policy in the conditions of emergency and martial law, the following recommendations have been substantiated: 1) canceling the price limits in highly competitive markets; 2) simplifying the procedure for declaring the intention to increase the price and strengthening control over its implementation; 3) creating strategic stocks of goods of significant social importance in the event of a state of emergency and war.

SKY LTD (FORMERLY SKY PLC) v SKYKICK UK LTD

Abstract H1 Trade Marks — European trade marks — SKY — Validity — Broad specifications of goods and services — Bad faith — Requirement of clarity and precision — Lack of bona fide intention to use — Declarations of intention to use — “Computer software” — Partial validity — Case management — “Electronic mail services” — Infringement — Likelihood of confusion — Lack of evidence of confusion — Whether necessary to consider all alleged acts of infringement — Passing off — Application of the judgment on reference to Court of Justice — Appeal to Court of Appeal

Analysis of the health-oriented environment of modern general secondary education institutions

The relevance of the research lies in the importance of researching the problems of the successful life of an individual under complicated socio-economic conditions. The socio-cultural development and health of the student is significantly influenced by the specifics of the educational environment of an educational institution. The Network Foundation “Schools for Health in Europe” is considered to be one of the effective mechanisms for building a health-oriented educational environment. The purpose of the study is to analyze the state of the health-oriented educational environment of modern institutions of general secondary education that are part of the National Network of Health Promotion Schools. Research methods. The analysis of the state of the health-oriented environment of modern institutions of general secondary education was carried out according to the method of evaluating the health-oriented activity of an educational institution. To collect information, a questionnaire for teachers was used, which contains five blocks aimed at evaluating the components of the educational environment. The material and technical base of an institution, the content and technologies of education and upbringing, and social communications of all participants in the educational process were analyzed. 69 teachers of the Sumy region took part in the survey. Research results. According to the results of the teachers' questionnaire, the general state of the health-oriented educational environment in most general secondary education institutions (73.84%) corresponds to the third stage – School of health promotion. Comparative analysis of the state of the health-oriented educational environment (blocks: I. Declaration on the intentions of health-oriented activities, II. Favorability of the school environment for health preservation, III. Social and psychological climate in the educational institution, IV. Content and technologies of value formation attitude of the subjects of the educational process, V. Social partnership of the educational institution) indicates that the components I. Declaration of intentions and V. Social partnership of the educational institution (average score 168.14 and 178.3, respectively) have the lowest score, which requires additional efforts on the part of pedagogical teams and scientific and methodological assistance of network coordinators. Block II is in the best condition. Favorability of the school environment for maintaining health (average score – 243.35).

Legal and Socio-Economic Conditions Underlying the Shaping of the Agricultural System in Poland

The aim of this study was to analyze the role of the state in managing the Polish market of agricultural property through the introduced legal regulations. The analysis was based on declarations of intent to exercise pre-emptive rights to agricultural property that were issued in the province of Warmia and Mazury between 2016 and 31 December 2021. Legal regulations aiming to restrict the purchase of the agricultural property of the State Treasury Reserve (STR) in particular by foreign buyers came into force in 2016. At present, the main task of the National Support Center for Agriculture (Polish acronym: KOWR) is to purchase and repurchase agricultural property from private owners (pre-emptive right and the right of purchase). KOWR exercises its pre-emptive right to agricultural property before it is offered to other buyers, and it is entitled to purchase that property on the conditions specified by the parties to the agreement and for the agreed price. The research results justify the conclusion that the Polish state’s interventionism in the sale of agricultural land has an impact on the shape of the agricultural system in Poland.

“Greasy Thumb”—The Man Who Made the Chicago Mob

“Greasy Thumb”—The Man Who Made the Chicago Mob

РЕГУЛЮВАННЯ ТОВАРНИХ РИНКІВ УКРАЇНИ В УМОВАХ НАДЗВИЧАЙНОГО І ВОЄННОГО СТАНУ

The economy can function both under normal and extraordinary conditions, which include states of emergency and martial law. Emergency conditions arise from time to time and can be both relatively short and sufficiently long. The functioning of the economy in conditions of emergency and martial law can include overcoming the pandemic and repelling armed aggression. The functioning of the economy in conditions of emergency and martial law requires special methods of state regulation, including on commodity markets. The purpose of the article is to determine methodical approaches to the formation of regulatory policy on commodity markets under conditions of emergency and martial law. To achieve the goal, the following tasks were set: 1) to determine the peculiarities of the regulation of commodity markets in conditions of emergency and martial law; 2) assess the effectiveness of regulatory influence; and 3) substantiate recommendations for improvement of regulatory policy. Various methods of sampling and statistical processing of information were used during the research. Data from the State Statistics Service of Ukraine, the Ministry of Finance of Ukraine, and the State Service of Ukraine on Food Safety and Consumer Protection were used for the analysis. Special attention was paid to the methods of price regulation and increasing supply in commodity markets of consumer goods. One of the main features of the functioning of the economy in conditions of the COVID-19 pandemic and martial law is the disruption of the usual supply chains of goods. There is a commodity shortage in the markets, which accelerates the growth of prices. Therefore, the main task of regulatory policy in commodity markets is to encourage supply and curb inflation. To this end, during 2020-2022, a set of measures was introduced: the procedure for starting a business was simplified, the tax burden was reduced, pricing was deregulated, exports were limited, barriers to imports were lowered, a declaration of intent to increase prices was introduced, price limits were established, etc. As a result of the conducted research, it was found: 1) high efficiency of influence on the price dynamics on the part of export restrictions and tax benefits; 2) low effectiveness of the declaration of the intention to increase the price; 3) relatively high efficiency of setting ceiling prices during a pandemic and low efficiency of this measure under martial law; 3) high expediency of introducing free prices on the markets of goods of significant social importance with high competition between suppliers; 4) great importance of the competition between suppliers to overcome shortages and price stability. In order to improve the regulatory policy in the conditions of emergency and martial law, the following recommendations have been substantiated: 1) canceling the price limits in highly competitive markets; 2) simplifying the procedure for declaring the intention to increase the price and strengthening control over its implementation; 3) creating strategic stocks of goods of significant social importance in the event of a state of emergency and war.

Preliminary evaluation of the online course “I Care” targeting eating disorder knowledge and attitudes among sports coaches and fitness instructors

BackgroundFitness instructors, coaches and trainers are often looked up to and seen as role-models within their sporting community. Since problematic exercise is a common symptom of eating disorders, they are also highly likely to meet individuals at risk for developing eating disorders within their profession. Thus, educating coaches about how to promote healthy ideals within their sports/training context and equipping them with knowledge to be able to detect and approach individuals at risk, is of great importance.MethodWe studied the pre-to-post effects of the I Care online psychoeducational intervention in 150 coaches, trainers, and fitness instructors. Variables included the Compulsive Exercise Test, as well as knowledge of eating disorders, and confidence and awareness regarding approaching, talking to, and referring individuals whose observed behavior raised concerns.ResultsResults showed significant and large improvements in coaches’ confidence and knowledge regarding warning signs and how to approach an at-risk person, and a decrease in their perceived ability to recognize eating disorders by sight, e.g., insight about EDs not being recognizable just by looking at a person. Also, significant positive change in attitudes about their own rule-driven exercise behavior and lack of enjoyment of exercise was observed.ConclusionsAlthough the lack of a control group compels caution, the study suggests that I Care may have positive effects in terms of a “declaration of intent” toward more positive role-modeling and interactions with clients.