Legal Controversies Research Articles

DA RESPONSABILIDADE CIVIL E O DIREITO DO CONSUMIDOR FACE A GESTÃO DE ESTACIONAMENTOS

This study addresses the issue of civil liability and consumer rights in the context of parking management. The objective is to analyze the legal and legal aspects involved in the provision of parking services, considering the rights and duties of the parties involved. The responsibilities of establishments offering parking services, the obligations of consumers and the legal consequences in the event of damage or incidents occurring during the parking period will be discussed. The methodology adopted in this study is based on bibliographic research and jurisprudence analysis. Legal sources will be consulted, such as laws, codes, doctrines, scientific articles and court decisions, in order to base the discussion on civil liability and consumer rights in parking services. Concrete cases that generated legal controversies will also be examined, in order to understand how the courts have interpreted the existing legislation. The discussion will be guided by the analysis of the legal elements involved in the relationship between parking establishments and consumers. In addition, specific laws and regulations governing the provision of parking services will be presented, as well as relevant legal cases that brought new understandings to the matter. The discussion will seek to provide a comprehensive and up-to-date view of civil liability and consumer rights in parking lot management, contributing to a clearer understanding of the rights and duties of the parties involved in this legal relationship.

Peninjauan Kembali dipersimpangan putusan MK No. 34 Tahun 2014 dan SEMA No. 7 Tahun 2014

This study explores the legal controversy related to the submission of PK in Indonesia with a focus on the Constitutional Court Decision No. 34 of 2014 and SEMA No. 7 of 2014. The 1945 Constitution provides a legal basis that must be obeyed by all people and state organs. The Constitutional Court and the Supreme Court have different but interrelated authorities in maintaining justice and legal certainty. The Constitutional Court Decision contained in No. 34 of 2014 allows PK more than once, contrary to Article 268 of the Criminal Procedure Code which allows PK only once. The Supreme Court responded to the decision by issuing SEMA No. 7 of 2014 which limits PK to only being submitted once, except in special conditions. The method used in this study is normative juridical, with secondary data as the main source. Data analysis was carried out qualitatively with a descriptive and prescriptive approach based on historical and comparative analysis. The results of the study indicate that the Constitutional Court Decision No. 3 of 2013 emphasizes the aspects of justice and human rights, providing the opportunity for multiple PKs with the condition of novum. However, SEMA No. 7 of 2014 was issued to maintain legal certainty by limiting PK to only one time. This study highlights the importance of the balance between justice and legal certainty in the Indonesian justice system

Romanian jurisprudence on cybercrime: focus on illegal access to an information system

AbstractThe Budapest Convention on Cybercrime and Directive 2013/40/EU are central in tackling cybercrime, yet they are starting to be left behind by the technological advancements and new modus operandi. This article tackles the offence of illegal access to an information system under Romanian criminal law, emphasising ongoing debates and legal controversies in Romania, mirroring wider issues in cybercrime legislation. The article delves into the meanings of ‘access’, ‘information system’, and ‘without right’ as they are interpreted with reference to the existing legal framework on cybercrime, exploring how these concepts influence the scope of the offence. Romania is a relevant case study because the Budapest Convention on Cybercrime and Directive 2013/40/EU were transposed almost verbatim into national law. Thus, the issues raised in this article are relevant in many jurisdictions across Europe.

LEGAL CONTROVERSIES IN CROSS-BORDER SURROGACY: A CENTRAL EUROPEAN PERSPECTIVE ON THE RECOGNITION OF LEGAL PARENTHOOD THROUGH SURROGACY ESTABLISHED ABROAD

Background: This paper explores the legal field of surrogacy from a Central European perspective, focusing on how countries such as Austria, Germany, and Switzerland address the recognition of parental status established abroad. While the prevailing attitude among Central European states is to prohibit surrogacy within their national laws, there is an increasing tendency to bypass these bans by seeking surrogacy services abroad. This phenomenon, termed reproductive tourism, raises complex legal questions about the recognition of foreign parental status determinations. Methods: The methods used include a comprehensive review of international and autonomous national legal rules as well as a comparative analysis of case law from Central European courts regarding cross-border surrogacy and parenthood recognition. The study examines legal controversies employing Austrian family law as an example to assess highly topical issues arising from surrogacy. It incorporates data from various legal sources, including the Austrian Constitutional Court, the German Federal Court of Justice, the Swiss Federal Supreme Court, and the European Court of Human Rights. Results and conclusions: The findings reveal significant differences between Austria, Germany, and Switzerland regarding the recognition of parental status established by way of surrogacy abroad. While supreme court decisions in these countries tend to prioritise the best interests of the child – often recognising foreign surrogacy arrangements to avoid leaving children without legal parents – their judicial approaches differ considerably. The Austrian Constitutional Court adopts a more inclusive approach by accepting foreign determinations from any authority, such as birth certificates, under the concept of automatic recognition. In contrast, the German and Swiss supreme courts acknowledge only formal court decisions. For cross-border surrogacy cases that do not fulfil this requirement, these countries apply the national law of the child's habitual residence or, as a fallback, the law of the intended parents’ country of origin. Since both German and Swiss law categorically forbid surrogacy, only the genetic father is typically recognised, while the intended mother is directed to adoption. This aligns with the opinion of the ECtHR, which still considers the method of establishing parenthood to be within the sovereignty of a state. This article advocates for a balanced approach that respects both the legal principles of national states and the fundamental rights of children born through an arrangement with a surrogate mother in another country.

Legal Implications of Psychiatric Assessment for Medical Aid in Dying.

In recent years, several jurisdictions have passed legislation to permit medical aid in dying (MAID) worldwide, with considerable expansion in the availability of this practice. MAID has been defined as the practice of a clinician prescribing lethal drugs in response to a direct request from the patient, with a shared understanding that the patient intends to use the medication to bring about the patient's death. Wider legalization of MAID has prompted debates and legal controversies regarding the extent to which MAID should be available and its application for people experiencing mental illness as the primary indication. This article examines shifting attitudes of professional medical organizations toward MAID. We discuss the existing statutory provisions for psychiatric assessment for MAID in the United States and the implications on such assessments should MAID be expanded to include mental illness as the primary indication. This article also assesses legal disputes concerning MAID regulations and explores the role of psychiatric experts in the practice of MAID.

Reparation of Civil Aerial Accidents Under International Air Law: A Case Study of the 2020 Ukrainian Plane Incident in Iran

International Air Law, encompassing both national and international legal norms, plays a critical role in defining state sovereignty in airspace and ensuring the safety of passenger aircraft. This paper highlighted the evolution of airspace law, emphasizing key treaties and conventions such as the Chicago and Montreal Conventions, which have shaped the legal landscape of modern aviation. It thoroughly examined the role of Aviation Law in addressing contemporary challenges, with a focus on the downing of Ukraine International Airlines Flight PS752 in Iran on January 8, 2020. This incident, a non-warfare act of force, presented a complex legal challenge and led to recent legal controversies. It examined precedents from international and domestic court decisions and directives of relevant organizations, contributing to a modern legal framework. Key discussions included the implications of human error in aviation incidents, particularly in terms of criminal liability and financial compensation. The paper made efforts to evaluate such situations within the framework of international air law, advocating for continuous legal adaptation to safeguard global civil aviation. This study particularly suggests the possible resolutions for aerial accidents, specifically those caused by human error.

The Legal Framework for Electronic Signature in Jordan A Comparative Study with EU Regulations

Electronic signature, owned by the owner is a matter of trust, and it may be difficult for the other contracting party to verify its authenticity , hence the importance of dealing with and organizing digital signature is of paramount importance., The aim of this study is to compare the legislation of the EU and Jordan in governing the responsibility of the authentication service provider concerning electronic signature, to find out whether there is a lack of organized legislation with regard to the work of electronic signature service providers. The article will also examine the adequacy of general regulations in supervising the duties of electronic service providers under Jordanian law. I will emphasize the importance of establishing specific regulations, and the need to establish special rules for this particular responsibility, especially with regard to the development of specific rules in line with the UNCITRAL model law on electronic signatures. As regards the EU directives on electronic signatures and other international legislations, it must be emphasized that the issue of electronic authentication services raises several legal problems that can be resolved. Among others the legal nature of the liability of electronic authentication service providers, their legal basis, and their establishment are still subject to legal controversy. In addition to the scope of this responsibility and the issue of determining the extent of compensation that can be imposed in the event of harm to the customer or others, the Jordanian legislators have not established a specific legal system for the responsibility of the employer and the electronic authentication provider to clarify all the ambiguities to which electronic banking operations are exposed to in order to create an independent and sustainable legislative environment for all the rapid technological development.

Complexity of Translating Analytics to Recent Cannabis Use and Impairment.

While current analytical methodologies can readily identify cannabis use, definitively establishing recent use within the impairment window has proven to be far more complex, requiring a new approach. Recent studies have shown no direct relationship between impairment and Δ9-tetra-hydrocannabinol (Δ9-THC) concentrations in blood or saliva, making legal "per se" Δ9-THC limits scientifically unjustified. Current methods that focus on Δ9-THC and/or metabolite concentrations in blood, saliva, urine, or exhaled breath can lead to false-positive results for recent use due to the persistence of Δ9-THC well outside of the typical 3-4 h window of potential impairment following cannabis inhalation. There is also the issue of impairment due to other intoxicating substances-just because a subject exhibits signs of impairment and cannabis use is detected does not rule out the involvement of other drugs. Compounding the matter is the increasing popularity of hemp-derived cannabidiol (CBD) products following passage of the 2018 Farm Bill, which legalized industrial hemp in the United States. Many of these products contain varying levels of Δ9-THC, which can lead to false-positive tests for cannabis use. Furthermore, hemp-derived CBD is used to synthesize Δ8-THC, which possesses psychoactive properties similar to Δ9-THC and is surrounded by legal controversy. For accuracy, analytical methods must be able to distinguish the various THC isomers, which have identical masses and exhibit immunological cross-reactivity. A new testing approach has been developed based on exhaled breath and blood sampling that incorporates kinetic changes and the presence of key cannabinoids to detect recent cannabis use within the impairment window without the false-positive results seen with other methods. The complexity of determining recent cannabis use that may lead to impairment demands such a comprehensive method so that irresponsible users can be accurately detected without falsely accusing responsible users who may unjustly suffer harsh, life-changing consequences.

AI and Liability in Medicine: The Case of Assistive-Diagnostic AI

Abstract As the prevalence of assistive-diagnostic artificial intelligence (AI) grows, so too will the legal controversies surrounding its use continue to grow. Consequently, determining liability in cases where patients experience harm due to the use of assistive-diagnostic AI in personal healthcare services requires a re-evaluation of existing civil liability regulations. This article proposes a framework for addressing liability in these situations by exploring medical malpractice, organisational negligence by healthcare institutions, and producer liability.

The Effects and Legal Controversies regarding Gender Identity and Non-Binarity over Gender Equality

The Effects and Legal Controversies regarding Gender Identity and Non-Binarity over Gender Equality

Architecting Hybrid Contract in al-Rahn: A Comparative Study between Malaysia and Indonesia

Nowadays, hybrid contracts are recognized as an adaptive form of contract in the implementation of Islamic business. However, the involvement of hybrid contracts in al-Rahn has risen numerous legal controversies in Islamic Sharia. Malaysia and Indonesia have diffferent approaches regarding the use of hybrid contracts in al-Rahn scheme. In the light of that, this article aims to lay out the two countries’ sides in responding to the issue at hand. This qualitative study relies on secondary data and employs conceptual and comparative approach. It investigates the policies relating to hybrid contract in the implementation of al-Rahn both in Malaysia and Indonesia. This study indicates that academics in both countries tend to state that the hybrid contracts in al-Rahn are not in accordance with the Sharia. The non-compliance with the Sharia prompted Malaysia to create a new policy, namely by utilising the concept of Tawaruq. Meanwhile, Indonesia recently still associates Ijārah contracts as part of the implementation of al-Rahn.

Ethical and Legal Controversies in Surrogacy

Ethical and Legal Controversies in Surrogacy

A never-ending tug-of-war: The inherent right of self-defense against non-state actors

Within the scope of jus ad bellum, the right of self-defense attracts the greatest legal controversies. The long doctrinal debate surrounding it reveals the difficulty in determining its scope and precise limits during a unilateral military reaction against terrorist organizations. Here, we integrate this debate, arguing that this right is no longer only capable of being invoked in the event of an armed attack already perpetrated by a State, but it also does not have enough elasticity – without distorting it – to accommodate self-defense against terrorism. The cases of Afghanistan and Syria, on the one hand, reflect this controversy. On the other hand, they demonstrate the need for jus ad bellum to quickly adapt to reality. Therefore, we propose an intermediate position – the Unwilling and Unable doctrine, which allows the implemented system not to be distorted if it is properly defined, and if it is no longer indiscriminately invoked by States.

The right to the environment? Article 4(1) of the Polish Environmental Protection Law Act from a combined comparative law and Polish-English legal translation perspective

A human right to the environment is increasingly recognised in both domestic and international law. Also in Polish legal scholarship, there is a discussion over the possibility of deriving a right to the environment from the Constitution or ordinary statutes, including Article 4(1) of the Environmental Protection Law Act. The existing English translations of its opening words, and specifically the term powszechne korzystanie ze środowiska, appear to mirror the legal controversy. Compared to Poland, the major common law jurisdictions, i.e. England and the USA, show multiple differences in respect of the public’s enjoyment of the environment. In addition to a distinct legal mentalité, grounded on a case-by-case approach, negative freedoms and remedies thinking, both jurisdictions are characterised by considerable private ownership of natural resources like rivers and forests. In view of this legal and translation problem, the present paper seeks to employ comparative law methodology to establish an acceptable English translation equivalent of the term powszechne korzystanie ze środowiska. The analysis is also an attempt to go beyond the ways in which the use of comparative law in legal translation is typically perceived, i.e., beyond functionalism, beyond micorcomparison and beyond conceptual analysis.

Science, epistemology and legitimacy in environmental disputes – The epistemically legitimate judicial argumentative space

Abstract This article maps the elements of the epistemically legitimate argumentative space of judges in scientific disputes, where scientific facts and arguments intrude into the legally relevant aspects of the legal controversy. The article distinguishes four main forms of legitimate hybrid reasoning styles. It identifies the epistemic risks threatening the legitimacy of decisions in light of the corresponding limits of the epistemically legitimate argumentative space. The article concludes by discussing the parameters which help judges to select the appropriate reasoning style in particular cases, such as the judicial institution’s epistemic capacities, practical feasibility, and the role science plays in the fabric of legal rules.

Pernikahan Usia Dini Menurut Interpretasi Ayat Al-Qur’an

Early marriage is a common problem in every family. Given that the child is the successor and hope in the future. In fact, early marriage is increasingly happening, this is evidenced by the movement of Aisah Wedding's. There are several factors that cause many early marriages, among others; First, religious understanding that is not oriented to the best interests of the child. Second, cultural factors and traditions of the community that should not reject the application. Third, lifestyle. Fourth, poverty. Fifth, legal controversy. With the demikia of early marriage is not a solution to the problem that is happening, it is necessary to prepare the maturity of the child both theologically, physically and mentally. Keywords : interpretation of verse, early marriage.

Unlocking policy synergies, challenges and contradictions influencing implementation of the Comprehensive Sexuality Education Framework in Zambia: a policy analysis

BackgroundComprehensive sexuality education (CSE) has recently become salient, but adolescent sexual reproductive health and rights (ASRHR) challenges are still a global health problem. Studying policies which have implications for CSE implementation is a crucial but neglected issue, especially in low and middle-income countries (LMICs) like Zambia. We analyzed policy synergies, challenges and contradictions influencing implementation of CSE framework in Zambia.MethodsWe conducted a document review and qualitative interviews with key stakeholders from Non-Governmental Organizations, as well as health and education ministries at the National and all (10) provincial headquarters. Our methods allowed us to capture valuable insights into the synergies, challenges and contradictions that exist in promoting CSE framework in Zambia.ResultsThe study highlighted the synergies between policies that create opportunities for implementation of CSE through the policy window for adoption of sexual reproductive health and rights (SRHR) that opened around the 1990s in Zambia, promotion of inclusive development via education, adoption of an integrated approach in dealing with SRHR problems, and criminalization of gender-based violence (GBV). This analysis also identified the policy challenges and contradictions including restricted delivery of education on contraception in schools; defining childhood: dual legal controversies and implications for children, grey zones on the minimum age to access SRHR services; inadequate disability inclusiveness in SRHR legal frameworks; policy silences/contentious topics: LGBTQI + rights, abortion, and grey zones on the minimum age to access SRHR services.ConclusionWhile many policies support the implementation of CSE in schools, the existence of policy silences and challenges are among the barriers affecting CSE implementation. Thus, policy reformulation is required to address policy silences and challenges to enhance effective promotion and integration of the CSE framework.

Which multiples matter in M &A? An overview

This paper provides an overview of valuation multiples in mergers and acquisitions advisory. I review the literature and legal controversies and the theoretical basis for their role. I then standardize all the advisor multiples available in SDC Platinum along four dimensions and report rich descriptive statistics on each dimension over time and across industries. I highlight eight findings that are notable in light of current knowledge and debates. This paper answers the call from Gow et al. (Journal of Accounting Research 54(2):477–523, 2016) for thorough descriptive research, to provide a foundation and prompts for future hypothesis development. It includes an explicit guide for using this data, an overview of the key institutional details, and a discussion of tractable and open research questions.

Indonesian Model of Foreign Direct Inverstment (Omnibus Law)

Foreign direct investment (“FDI”) has become a hot topic in board meetings all over the world as modern businesses are seizing new opportunities within theglobalized economy. The modern economy functions ona larger scale than ever before, and companies are beginning to realize that failing to partake in foreigndirect investment could lead to their demise. FDI has been a key factor driving export-led growth in Southeast Asia. This research offers a comparative legal and critical analysis of the Foreign Direct Investment Regulation (FDI) and strategies of attracting FDI in Indonesia by learning from Singapore. Indonesia has been striving to attract FDI, and therefore on October2020 Indonesia ratified the Omnibus Law on JobCreation replacing 79 acts regarding investment. Nevertheless, this law has raised legal controversies andpublic protests. This research focuses finding a model ofFDI attraction for Indonesia through lessons learnedfrom Singapore in terms of how to attract FDI. Singapore have made remarkable FDI accomplishmentthrough their own ways. The result of this research isaims to deplore the reasons for the accomplishment, intending to find a better model for Indonesia than theOmnibus Law currently adopted. This research arguesthat Indonesia should reconsider the Omnibus Law approach by referring to the lessons learned from theexperience of Singapore’s success in attracting FDI.

The Oxymoron of the Italian Legal System: The Administrative-Law: From the Collapse of the Genoa Bridge to a Ruling of the Italian Constitutional Court

The tragic collapse of the Genoa bridge – an event that hit the world headlines few years ago, also for the huge number of casualties caused – has engendered in Italy, more recently, multifarious legal controversies. In addition to whether the Italian Government was legally entitled to terminate the long-term service concession arrangements with the private entity in charge of the maintenance of the bridge, further subtle legal issues, of a public law nature, have followed up too. As to the latter, the contribution discusses the one relating to the legal characterisation of the piece of legislation (the obscure and opaque “administrative-law”) which the Italian Government has adopted in order to rule out, apparently within any legal-contractual justification, from the public contest of the Genoa bridge re-construction, an Italian company. This entity was the one in charge of the maintenance of the Italian motorway network, including the infamous bridge. The same Italian Constitutional Law has been recently required to enter the heated debate, with an ensuing decision which, as dissected in the article, has ascertained whether the different acts of the Italian Government, promoted and implemented in the aftermath of the Genoa Bridge, were legitimate. In this very complex scenario, the contribution is also aimed, from a more theoretical perspective, at shedding a light on the myriad of laws (administrative, executive, proper laws) that in the Italian legal system have blossomed in the last decades. Genoa bridge collapse, Italian motorways and service concession arrangements, right of termination, administrative-laws, constitutional legitimacy, rule of law, due process of law, concessionaire’s rights, European Union Law, competition law