Mandatory Provisions Research Articles

Interface of Law and Psychiatric Problems in the Elderly.

Interface of Law and Psychiatric Problems in the Elderly.

A Critical Review of the Act on the Prohibition of Discrimination against Persons with Disabilities for the PROTECTION and Realization of the Right to Equality of Persons

Purpose: This study prohibits discrimination against the disabled and, in order to correct it, based on the grand principle of guaranteeing the equal rights of the disabled and prohibiting discrimination, Revision of the Constitution for the substantial realization of equal rights in the direction of realizing practical equality, demand for protection and treatment in consideration of the obstacles to mandatory provision of legitimate convenience, It is required to prohibit discrimination against non-compliance, strengthen support for vocational competency development, prohibit direct/indirect discrimination, and protect basic living rights. Therefore, the purpose is to solve this problem Method: Based on the existing prior thesis, it is an attempt to compare and analyze the current law, previous studies, and foreign legislative cases, and to implement a new Act on the Prohibition of Discrimination against Persons with Disabilities. Results: The issues and improvement measures of the current Act on the Prohibition of Discrimination against Persons with Disabilities in Korea for the realization of equal rights for persons with disabilities were presented in three specific results. First, Amendment of the disabled related policy as the provisions for the basic principles in the constitution. Second, specific regulations on guaranteeing the right to equality of the disabled and prohibiting discrimination against disability Third, it is a right regulation for guaranteeing human life and social equality of the disabled. Conclusion: This study proposed alternatives to protecting the disabled and prohibiting discrimination against the disabled in the lack of legislation related to the prohibition of discrimination against the disabled and revising the Constitution to realize the right to equality for the disabled.

A paradigm shift in corporate social responsibility: India’s transition from mandatory regime to the COVID-19 era

PurposeThis study aims to examine the pattern of corporate social responsibility expenditure (CSRE) incurred by Indian companies after the inception of Companies Act 2013. It also highlights the resultant change brought in the corporate social responsibility (CSR) spends of the companies because of COVID-19 pandemic.Design/methodology/approachThe CSR index provided by the Ministry of Corporate Affairs under Companies (CSR Policy) Rules 2014, is adopted to measure the extent of CSRE made by top 30 Indian companies listed on Bombay Stock Exchange. To study the pattern of CSRE in various domains mentioned in the CSR index, the study is conducted over four points of time. Three alternative years since the commencement of the Companies Act 2013 i.e. 2014–2015, 2016–2017 and 2018–2019 have been taken up. Additionally, the financial year 2019–2020 is included as it marks the inception of the COVID-19 pandemic.FindingsThe findings show that the CSRE made by companies is increasing every year over all points of time taken in the study. In addition to this, Indian companies have voluntarily contributed a substantial amount towards COVID-19 relief over and above the required mandatory limits.Practical implicationsThe gradual increase in CSR contributions even above the mandated amount and voluntary contribution towards COVID-19 relief by Indian companies implies that the nature of CSR in India is still philanthropic.Originality/valueThe study contributes to the CSR literature after the implementation of the mandatory CSR provisions in India and in the wake of the global pandemic caused by COVID-19 as so far there is no such study available in the extant literature.

OVERRIDING MANDATORY PROVISIONS IN CROATIAN PRIVATE INTERNATIONAL LAW

Overriding mandatory provisions are mandatory provisions that are applicable in situations with an international element. The author analyses overriding mandatory norms in the European private international law and in the Croatian national private international law. The definition of such norms provided in the 2017 Croatian Private International Law Act is almost a verbatim copy of the definition provided in the Rome I Regulation on the law applicable to contractual obligations. The 1982 Croatian Private International Law Act did not provide for a definition of overriding mandatory norms but it was uniformly accepted in the scholarly interpretations that those types of mandatory norms were accepted by the Croatian private international law system. Moreover, the 1982 PIL Act included a substantive family law provision, which was, in essence, an overriding mandatory provision. However, Croatian courts and practitioners have been reluctant to refer explicitly to an applied norm as an overriding mandatory one. The reasons behind that might be that that the courts were better acquainted with the public policy exception, since public policy was explicitly mentioned in the 1982 PIL Act, as well as in some other legal acts. In addition, the legislator does not explicitly note that a provision is an overriding mandatory one in the provision itself, which leads to the outcome that the courts and other practitioners are burdened with a complex task of interpretation of a provision they think might be an overriding mandatory one. The author aims at providing guidelines to facilitate that task.

Kewenangan Pemerintah Kota Denpasar dalam Penerapan Jalur Khusus Sepeda

Realizing an environmentally friendly city of Denpasar is one of the balancing concepts in the development of an environmentally friendly city. Changing the mode of transportation to environmentally friendly transportation, such as the use of bicycles, can prevent congestion. One of the government's real actions is the government's authority on bicycle lanes as a necessity for the community. The purposes of this study are to reveal the form of authority of the Denpasar City Government in Streamlining the Application of Bicycle Paths and forms of legal protection for bicycle lane users based on Law Number 22 Year 2009 in Denpasar City. The type of legal research used in this research is empirical legal research with a statutory approach. The data collection techniques were carried out by reading, recording, quoting, summarizing and analyzing the data and information obtained from the relevant agencies, namely the Denpasar City Transportation Service. After obtaining primary legal materials and secondary legal materials which are then processed and analyzed systematically, data is obtained that the authority of the Denpasar City government in making the use of bicycle lanes effective is to provide bicycle lane facilities at several points scattered in the Denpasar City area, such as on Jalan Sudirman , Jalan Letda Made Putra, Jalan Letda Tantular and at several other points. Meanwhile, legal protection for bicycle lane users contains the rights of bicycle lane users, such as the mandatory provision of bicycle lane facilities by the government to ensure the safety and comfort of cyclists, freedom from fear in traffic, and avoidance of traffic hazards.

LVRT Operation Enhancement of Single-Stage Photovoltaic Power Plants: An Analytical Approach

The impact of grid-connected PV power plants (GCPPP) operation on the grid entails mandatory provision and conformable execution of futuristic grid-codes (GC) by GCPPP stakeholders. While standard GC-compliant reactive power injection occurs in the advent of voltage drops at the point of common coupling (PCC), weather-dependent active power delivery should also coincide. Hence, it is essential to derive the PV inverter current reference set-points meticulously and confine its current range. This paper proposes a novel control strategy for realization of enhanced LVRT operation in three-phase single-stage GCPPPs. The control scheme encompasses the following features: (a) PCC negative-sequence current reference set-points determination from its positive-sequence counterpart; as well as the analytical determination of PCC voltage sequence components, (b) GC-compliant reactive power injection, without causing second-order harmonic oscillations in the delivered active power to the grid during asymmetrical PCC faults, (c) utilization of a current limiter for immaculate regulation of the PV array output power. Simulation results reflect on the developed control scheme’s effectiveness in significantly improving GCPPP LVRT operation for a wide range of operating conditions.

Impact of Corporate Governance on Organisational Performance of Indian Firms

This research study explored the link between corporate governance practices (CGPs) and organisational performance in India, especially in the context of some major CG reforms that have been undertaken since the turn of the twenty-first century. The authors also attempted to understand in-depth the implications of these reforms for the companies. For assessing the link between CG practices and organisational performance, data were collected from a sample of 100 listed companies in India using an adapted version of the Institute of Company Secretaries of India (ICSI)’s questionnaire. Multilevel Factor Analysis (MFA) for scores along 5 CG sub-categories revealed 17 first-level and 4 second-level factors. Regression of organisational performance, measured using Compound Annual Growth Rate (CAGR), against these factors showed that the first-level factor representing corporate social responsibility and sustainability (CSRS) was a significant predictor of organisational performance. This finding is significant while considering the introduction of mandatory CG provisions for corporate social responsibility (CSR), applicable to companies meeting specified turnover and profitability thresholds according to CG regulations in India. The findings of this study open the debate on CG regulation and on mandatory and desirable norms in the Indian context. Eligible Indian companies must focus on the CG practice of investing in CSR initiatives through purpose-led CSRS interventions and their long-term benefits, rather than on viewing it as a mandatory CG provision that induces short-term expenses.

Explicit legislative characterisation of overriding mandatory provisions in EU Directives: Seeking for but struggling to achieve legal certainty

Traditionally, the judiciary has been tasked with characterising a provision in EU secondary law as an overriding mandatory provision (“OMP”) in the sense of Art 9(1) Rome I Regulation. This paradigm has however shifted recently as the legislator has started setting out such OMP characterisation explicitly, which this paper addresses with regard to EU Directives. The analysis of two Directives on unfair trading practices in the food supply chain and on the resolution of financial institutions reveals that their explicit legislative characterisations of OMPs can benefit legal certainty if properly drafted by the EU and correctly transposed into national law by the Member States. These requirements have not yet been fully met as there are inconsistencies and confusion with only domestically mandatory provisions, which need to be resolved. More generally, the paper elucidates the tensions of competence between legislators and courts on both the EU and national levels due to the explicit legislative characterisation. It also considers the side effects on pre-existing and future provisions in Directives without explicit legislative characterisation. Finally, it acknowledges that the extraterritorial effect of OMPs is intensified and therefore requires the legislator to seek international alignment.

Integrated reporting, textual risk disclosure and market value

PurposeExploiting the mandatory provision of integrated reporting in South Africa, this paper aims to investigate whether this regulatory switch from the conventional annual report is associated with differences in the level of textual risk disclosure (TRD). This paper also examines the economic usefulness of this regulatory change by observing the impact of TRD on the complying firms’ market values.Design/methodology/approachArchival data are collected and examined using time-series difference design and difference-in-differences design.FindingsThe authors find that the level of TRD within the mandatory integrated reporting is significantly lower than that of annual reports. The authors find that the impact of TRD in integrated reporting on market value compared to that of annual reports is statistically not different from zero. The authors’ further analyses suggest that corporate governance effectiveness is not a moderating factor to the study results. The results are robust to comparisons with the voluntary adoption of integrated reporting in the UK.Originality/valueCollectively, the study results suggest that managers’ adherence to the mandatory provision of integrated reporting has significantly decreased the level of (voluntary) TRD they tended to convey within the conventional annual reports, resulting in a trivial impact on market value. These unintended consequences should be of interest to the International Integrated Reporting Council and other bodies interested in integrated reporting.

A Study of Interaction Effect of Financial Performance on the Relationship of Board Gender Diversity and Corporate Social Responsibility

Purpose : This paper aimed to investigate the relationship between board diversity, financial performance, and CSR of firms. Along with this, an attempt was made to study the interaction effect of board diversity and financial performance on the CSR spending of the firms. Methodology : Panel data of 80 companies listed on BSE 100 index were taken for the period starting from April 1, 2014 – March 31, 2019. The data pertaining to CSR spending, board characteristics, and financial performance has been taken into consideration. Panel data regression was employed to test the hypotheses framed. Findings : It was concluded that board size, proportion of women directors, and corporate governance played a significant role in impacting the CSR activities of the firms. As the number and proportion of women directors increases, the CSR spending of the firms improves. The return on assets, age, and size of the firms also significantly impacted the CSR spending. Practical Implications : Thus, the major implications of the study are to understand how the mandatory provision related to the appointment of women directors on board influences the financial performance and CSR spending of the firms. This study statistically confirmed that appointing more women on board improved the CSR of the firms. Originality : The present research made an attempt to enrich the existing literature related to CSR, board diversity, and financial performance. With respect to India, very few research studies have worked on examining the relationship among these variables.

Public Pension Generosity and Old-Age Poverty in OECD countries

AbstractPension adequacy is gaining importance as old-age poverty remains a pressing problem. In many advanced welfare states, the population is ageing rapidly and recent pension reforms have led to cuts in public pension provision. There are, however, few comparative longitudinal studies on the relationship between pension generosity and old-age poverty. This study provides a comparative empirical assessment of how the prevalence and depth of old-age poverty relates to generosity of public pension benefits in 14 advanced OECD welfare states from 1980-2010. We focus on the role of mandatory public pension provision of mainly first tier schemes that grant the major share of retirees’ income in most countries. We use data on theoretical pension replacement rates for retirees who had different working-age incomes. In order to address endogeneity issues, we adopt an instrumental-variable approach. Our main finding shows that pensions systems and earnings-related schemes, in particular, are quite efficient in reducing the risk of old-age poverty. Yet they still do very little to alleviate poverty among those pensioners in the most disadvantaged situations. We also found that redistribution within the pension system does not substantially contribute to poverty alleviation.

الأحکام الفقهیة المتعلقة بالإمارة فی السفر

الأحکام الفقهیة المتعلقة بالإمارة فی السفر

주주의결권의 사회적 개념

The variety of rules on shareholder voting in today's companies means that companies are distributing power among shareholders in various ways. However, our commercial law has regarded one share-one vote rule as mandatory provision. However, if you look at the history of shareholders voting from the beginning of the 19th century, you can see that this is not the case. In addition, In addition, despite the completely different concepts of shareholder equality and equity equality, many people have confused the two into the same concept, so far the theory of legislation and interpretation has been lost and confused. Common law in the United States and the United Kingdom has a tradition of one person-one vote rule, unless other voting rules are specified in the charter or other statutes. Behind the phenomenon lies the aversion to plutocratic voting rights, the philosophy that shareholders can have equal rights as members of corporate organizations rather than owners of part of capital, and the intention to limit voting rights to prevent power from being transferred to major shareholders. The current one share-one vote week rule rule allows companies that have lost their self-purification capabilities to corrupt and eventually collapse by expanding plutocracy and neglecting minority shareholders. Therefore, it should not discriminate against shareholders who are members of the general meeting of shareholders, the entity's best decision-making body, and who are the best monitors for protecting corporate interests. After all, shareholder equality has a social concept that prevents corruption and promotes growth by distributing power among shareholders through shareholder voting and protects shareholder as a window for corporate capital raising. And shareholder equality has an important meaning in modern society because it is closely related to corporate social responsibility. Therefore, I would suggest that Article 369 (1) of our Commercial Law should be changed to default rule and shareholder equality must be codified, and the system of prohibition of abuse of authority in Nordic countries should be introduced.

시간급 통상임금 산정 시 가산율 및 주휴수당에 관한 쟁점 - 대법원 2020. 1. 22. 선고 2015다73067 전원합의체 판결 -

If the law stipulates, whether the additional rate should be considered when calculating the hourly rate of ordinary wage, and whether the monthly fixed allowance is already included in it, it should be calculated in accordance with the regulations. However, Korea"s current Labor Standards Act and subordinate statutes did not clearly define the issues.<BR> In such cases, the court will have no choice but to make a judgment by considering the basic purpose of the Labor Standards Act on wages, the existence and content of the intention of the agreement between the parties, and the possibility of reaching the fairest conclusion between the parties of the dispute. This judgment(en banc Decision 2015Da73067) has a very significant implications as a leading case on it, and is expected to function as the most basic prior judgment in the event of a similar pattern of disputes in the future.<BR> However, looking at the target judgment in more detail, we find that there are logical problems. The court presupposes that the intention of the parties to be clearly identified through wage agreements and annexes signed between the parties is not yet in place. Despite the fact that the parties" intentions can be clearly confirmed through wage agreements agreed upon by both parties, the court judged that there was no intention of the party on this matter. The court seems to be the guardian of labor-related parties. The court"s ruling is contrary to the party"s stated intentions, and it is not consistent with the Korean Labor Standards Act"s assessment of the value of overtime work, holiday work, and night work higher than the value of prescribed work, and the conclusion of the court"s ruling is hardly reasonable.<BR> The court"s ruling should be free of logical contradictions. And, if the party"s intention is clear and unless the intention violates the mandatory provision, the court should respect that intention of the parties of collective agreement.

DERECHO INTERNACIONAL PRIVADO EUROPEO Y APLICACIÓN DE LAS DIRECTIVAS EUROPEAS PROTECTORAS DE LA PARTE CONTRACTUAL DÉBIL

The Rome I Regulation on the law applicable to contractual obligations includes special conflict rules that determine the law applicable to consumer contracts and individual employment contracts. However, in some cases, these rules are not enough to ensure the application of the mandatory provisions contained in the EU directives protecting weaker contracting parties according to their intentions and objectives. This study analyses the existing inconsistencies regarding the coordination between the Rome I Regulation and those directives, focusing specially on consumer contracts and individual employment contracts. The possible mechanisms of the Rome I Regulation to ensure the protection emanating from the mentioned directives are examined. This study proposes a European private international law method that takes more into account the EU needs, particularly regarding the harmonised areas of EU law such as EU consumer law.

A Trans-Atlantic Doctrinal Orientation Made Concrete: Ohio’s First 'Modern' Business Corporation Act (1927)

A Trans-Atlantic Doctrinal Orientation Made Concrete: Ohio’s First 'Modern' Business Corporation Act (1927)

Sole will and joint will of spouses: a comparative approach (permissible aspect)

The research is aimed at structuring doctrinal developments on the stated topic, comparing them with the related Russian and foreign practices and formulating their own scientific position. The subject of the research is the legal relationship arising in connection with a) the right to make a sole will and b) the determination by the spouses subject to the joint will of the corresponding rights and obligations for a heir. In the course of the study, the dialectical method, general scientific methods of analysis, synthesis, analogy as well as the systemic method were used; special legal methods were used, in particular, the comparative approach. The problem of civil law regulation of the institution of will, and in particular of the joint will of spouses, with the comparative legal method was analysed. As a result, the authors, on the basis of an analysis of the current domestic and foreign civil legislation, have developed ways to solve the identified problems by making appropriate changes to the civil legislation. In particular, the concept of a classic will has been formulated and substantiated. It was established that the mandatory provision concerning the loss of effect of a joint will in the event of a marriage being declared invalid after the death of one of the spouses violates the legitimate interests of a bona fide spouse, and therefore it was proposed to supplement the civil legislation with provisions that would allow the court to keep such a will in force. It has been substantiated that the Russian legislator needs to supplement the legal structure of the institution under research by allowing to draw up a joint will of spouses in extraordinary circumstances. The novelty of the research lies in the proposal to amend the articles of the current civil legislation in order to secure the possibility of making a sole will with electronic or any other technical aids.

The Corporate Contract and the Internal Affairs Doctrine

In the landmark ruling Salzberg v. Sciabacucchi, the Delaware Supreme Court upheld the validity of a corporate charter provision restricting the rights of shareholders to bring federal securities law claims. Although rights arising under federal securities law lie beyond the internal affairs doctrine, which has traditionally defined the boundaries of state corporate law, the Salzberg court ruled that such rights may be regulated by the “corporate contract,” created by state corporate law and comprised of a corporation’s charter and bylaws. Embracing contractarian precepts, the Salzberg court thus rejected the lower Chancery Court’s concession theory of the corporate contract as inextricably bound by the internal affairs doctrine. Salzberg’s contractarianism has wide-ranging implications for the role of the internal affairs doctrine, the reach of the corporate contract, and the rights of shareholders arising under both state corporate law and federal securities law. For one, Salzberg suggests that the corporate contract may be used to impose all types of restrictions to deter shareholders from bringing federal securities class actions. Most significantly, the decision opens the path to using the corporate contract to compel bilateral arbitration for all shareholder claims. In this respect, Salzberg reflects a growing divergence in corporate law between a judicial rhetoric wedded to contractarianism and a statutory framework that still bears concessionary hallmarks of state power. Whether a mandatory arbitration provision set forth in a corporation’s governing documents is enforceable against shareholders will turn on how the Delaware legislature or the federal courts ultimately resolve this contract-concession tension.

ДОГОВІР ПРО ТРАНСФЕР ТЕХНОЛОГІЇ: ПРОБЛЕМИ ТА ШЛЯХИ ЇХНЬОГО РОЗВ'ЯЗАННЯ У КОНТЕКСТІ ІНТЕРНАЦІОНАЛІЗАЦІЇ

The article is devoted to define the legal nature of a technology transfer agreement, its content, and constituent elements. The subject matter of the technology transfer agreement is defined. The necessity of specifying the list of objects of intellectual property rights that can be the object of technology transfer is noted. It is determined that together with the objects of intellectual property rights, the objects of technology also include scientific and scientific-applied results of know-how, which reflect a list, terms, procedure, and sequence of operations, the process of production and/or sale and storage of products. This leads to limitations in the possibilities of applying the provisions of Chapter 75 of the Civil Code of Ukraine to such agreements. The conclusion about the redundancy of the list of mandatory provisions of the technology transfer agreement, as well as the risks, the occurrence of which may be a consequence of the lack of reflection in the technology transfer agreement of each of these mandatory provisions (such an agreement could potentially be considered as voidable). It is determined that specific essential terms of the technology transfer agreement specified by law should be the subject of separate agreements and not be part of the transfer of property rights to the technology or its components. From the standpoint of legal doctrine, the available legal approaches to understanding the essential terms of technology transfer agreements are analyzed, and the reduction of the list of mandatory provisions of technology transfer agreements by making amendments to the legislation of Ukraine is substantiated.

Ochrona interesów publicznych w Rozporządzeniu Rzym I w kontekście zróżnicowania standardów pracowniczych w UE

The paper refers to the concept of public interest contained in Art. 9 of the Rome I Regulation. The author argues that in the light of the processes taking place on the labor market (such as the digitization of the labor market and employment via platforms) and problems with defining the scope of the directive on posted workers in the context of drivers of international transport, courts may treat national regulations in the field of labor law as overriding mandatory provisions. The main goal of the paper is to draw attention to the need to increase the interest in the doctrine of labor law in the sphere of the potential application of Art. 9 Rome I. With regard to employment issues, a question arises regarding the minimum wage applicable in a given country in conjunction with the issue of the freedom to provide services. The European Court of Justice referred to the issue of ensuring fair remuneration of employees as an important element of the “overriding general interest” justifying the restriction of the freedom to provide services. In the deliberations in the Mazzoleni judgment, the ECJ also emphasized that the application of the minimum wage of the country in which the service is performed may be a disproportionate burden, especially in a situation where the enterprise providing the services is located in the border territory and the work performed in the host country is temporary, short and part-time. An interesting issue is the “translation” of the considerations contained in the aforementioned judgment into the emerging employment through internet platforms. Some background for the above considerations is the fact that in the literature of private international law, among the overriding mandatory provisions, the most frequently indicated are anti-monopoly provisions, in the field of foreign exchange law, regarding the prohibition of import or export of certain goods, but this is also important from the point of view of the paper, more and more often regulations based on a private-law method of regulation. The paper also includes considerations regarding the concept of “public interest”.