Mutual Consent Research Articles

‘Scope of Arbitrability of Disputes’ from the Indian Perspective

Arbitration essentially involves ouster of jurisdiction of civil courts by mutual consent of the parties in lieu of jurisdiction conferred upon a specific set of persons known as arbitrators to adjudicate the dispute. International Arbitral Standards require the states to keep their National Arbitral Legislation open-ended without limiting the scope of arbitrability of disputes, providing grounds only for setting aside of arbitral awards in violation of the Public Policy of the country. Thus, the interpretation of ‘Scope of arbitrability’ is left to the determination of the courts. The instant article explores the meaning of term ‘arbitrability of disputes’ and discusses the ‘Scope of arbitrability of disputes’ in Indian Perspective. The article critically analyses the case of Booz Allen and Hamilton Inc. v. SBI Home Finance Ltd., wherein the Supreme court for the first time evolved test of arbitrability of disputes and further enumerated an illustrative list of disputes, which are incapable of being decided by arbitration. The article then maps the evolution of tests of arbitrability by various courts based on the Judgement of the Supreme Court and critically analyses them.

PENDEKATAN KOMUNIKASI DALAM PENYELESAIAN KONFLIK SOSIAL DAN AGAMA DI NUSANTARA

This article discusses how to approach communication in the settlement of social and religious conflicts, causes and impacts caused by the conflict. In the discussion of this article revealed that social-culture and religion make our nation vulnerable to conflict, from the eastern end to the western end. Therefore, the issue of social-religious conflict needs to be resolved quickly by various parties. Factors that often lie behind the conflict are the curb of inter-religious adaptation, economic jealousy, narrow fanaticism, lack of knowledge of democracy and faith. While the impact is the disruption of security, the cracking of social relationships, destruction of the order of life, and countless material losses. The most important is the settlement of social and religious conflicts that can be taken is; Abitration, which is immediately terminated by a third party in this case the government and law enforcement apparatus; Mediation, termination of the dispute by a third party but no binding decision is given; Conciliation, attempts to bring together the wishes of the disputing parties to achieve mutual consent; Stalemate, the situation when both opposing sides have a balanced power, then stops at a point not attacking each other; adjudication, resolution of conflicts in the courts by giving priority to the justice and impartial to anyone.

Mutual choice of partner and communication in a repeated prisoner's dilemma

Many markets resemble repeated prisoner's dilemma situations with the possibilities for mutual partner choice. In this paper, we show experimentally that partner choice by mutual consent has a strong positive effect on cooperation. Mutual partner choice makes it possible to form long-lasting reciprocal partnerships. To understand partnership formation we also add a treatment where the participants could communicate with each other in a common chat room. Chat transcript reveals that promises are important in forming and sustaining a partnership.

TEMPORARY MARRIAGE: A COMPARISON OF THE JEWISH AND ISLAMIC CONCEPTIONS

AbstractThe Jewish marriage differs from the Catholic Christian marriage, which is an institution surrounded by the halo of a holy sacrament that cannot be nullified. It also differs from the Islamic marriage, which is closer to a legal agreement than to a sacrament, wherein the husband alone may annul the marriage, either unilaterally or by mutual consent. This is especially true of the Shi'ite marriage—themuta—which may be annulled without any divorce proceedings at a predetermined date. In this article, I present a little-known possible halakhic stipulation: temporary marriage. I consider its roots and the different applications in Talmudic sources. An example of the Babylonian application of this conditional marriage is the cry by important Babylonianamoraim, “Who will be mine for a day?” In this unique case, some of the halakhic authorities rule that there is no necessity for agetin order to terminate the marriage. I consider the early halakhic rulings on these cases and the modern version of this stipulation, which was also rejected by modern halakhic authorities. I also offer a comparative study of a possible parallel to the marriage for a predetermined period, the Shi'ite temporary marriage, which is intentionally restricted to an agreed period of time and does not require divorce to annul it. I conclude my discussion by revealing the possible common roots for the Jewish temporary marriage and the Shi'ite temporary marriage in ancient Persian law.

Intersectionality in autonomous journalism practices

Abstract Media activists who are women, queer, trans*, Indigenous and/or people of colour are shifting mediascapes through intersectional autonomous journalism practices. This community-based co-research project analyses data from six semi-structured focus group workshops with media activists, who identify a contradictory logic between mainstream and alternative journalism. Two distinct autonomous journalism practices emerge that complement and extend traditional horizontal prefigurative media activist practices through an attentiveness to intersectional identities and interlocking systems of oppression. In rooted direct-action journalism, grassroots autonomous journalists collectively report from a perspective rooted in the concerns of the movement, creating media as a direct-action tactic; whereas in solidarity journalism, autonomous journalists report across movements in solidarity with intersectionally marginalised groups and communities. We argue that, emphasising intersectional mutual aid, relationship building, consent, accountability and content co-creation, these value-based practices have begun to shift dominant media and cultural logics. Finally, we offer critical reflections on some of the challenges inherent in these practices, including a meta-analysis of the intersectional value practices in our activist co-research methodology.

Informing offspring of their conception by gamete or embryo donation: an Ethics Committee opinion

This document discusses the ethical implications of informing offspring about their conception using gamete or embryo donation. It replaces the 2013 ASRM Ethics Committee document of the same name (Fertil Steril 2013;100:45-9).

Application of modified Laffer Curve in the Marriage Market using Exit Costs

Application of modified Laffer Curve in the Marriage Market using Exit CostsThe economics literature that deals with the exit costs of marriage has considered primarily the shift from mutual consent divorce to unilateral divorce and has not provided a larger, overall picture of the marriage market under various exit conditions. This paper proposes that a modified Laffer Curve macro model of marriage and divorce provides the best overall picture of the marriage market under various exit scenarios.

#MeToo, Statutory Rape Laws and the Persistence of Gender Stereotypes

In the late 1970’s and early 1980’s, feminists pushed for reform of statutory rape laws. At that time, states’ laws explicitly provided that only males could be charged with the crime of having sexual intercourse with a female below a certain age. The victims of statutory rape were always female. Feminists advocated that the law should be rewritten in gender-neutral terms. They hoped that formal equality in statutory rapes laws would lead to the recognition that both males and females have sexual agency and greater equality in society as a whole. Unfortunately, the prosecutorial discretion granted by the language of these laws perpetuate rather than abolishes traditional male/female stereotypes. In October 2017, a social movement erupted out of the unacceptable exercise by men of their power over female subordinates. The #MeToo movement exposed the widespread prevalence of sexual harassment, sexual abuse, and sexual violence that women experience in the workplace. The #MeToo movement’s objective is not dissimilar to the goal of proponents of gender-neutral statutory rape laws, which seek to have men and women treated equally. Unfortunately, #MeToo and state adoption of gender-neutral statutory rape laws share another phenomenon. Both the #MeToo movement and the practical enforcement of gender-neutral laws create a “victimology paradigm.” It seems that recognizing inequality among genders requires conceding perceived female frailties. Using the example of statutory rape laws, this article explains how movements for increased equality between men and women can fail to meet their stated goals. The article begins by exploring traditional statutory rape laws, which stereotypically gendered perpetrators and victims. It follows with a discussion of the political forces behind the nation-wide change to neutralize gendered statutes. The article dedicates significant attention to the flaws of gender-neutral statutory rape laws, which, by removing gender designations of victims and perpetrators, grant prosecutors unchecked discretion to choose which partner to charge in cases of mutual consent to the same prohibited conduct. Today prosecutors are three times more likely to charge males with statutory rape than they are to charge females with the crime. Parents of females’ alert authorities of prohibited sexual activity of their daughters at a rate that is largely disproportionate to that of parents of males. Prosecutorial stereotyping as it pertains to prohibited sexual intimacy between consenting teens has created an unfortunate return to the female-victim paradigm that proponents of gender-neutral statutory rape laws sought to erase. The article concludes with a recommendation for achieving a more balanced application of gender-neutral laws. Cultural movements can have unintended consequences. This article explains how the women’s rights movement’s campaign to neutralize gendered statutory rape laws failed to achieve its goal of an equal society. Today, a growing number of voices suggest that #MeToo, like the practical application of gender-neutral statutory rape laws, disempowers women. This article exposes the pernicious effects of the legislative shift to gender neutrality and explains how it serves as a cautionary tale to the #MeToo movement and the fight for workplace equality.

The Greek Divorce Law Reform of 1983 and Its Impact on Homemakers: A Social and Economic Analysis

In 1983, Greek Family Law was radically amended on the basis of gender equality and divorce law was liberalized, with the introduction of no-fault divorce and divorce by mutual consent. We aim to assess the potentially wide-ranging effects of the new divorce law on the social and economic status of homemakers in traditional, long-duration marriages. We reviewed a sample of 500 reported judicial decisions on maintenance and postdivorce distribution of marital property, finding that the new gender-neutral statutes on maintenance fail to protect the interests of homemakers after divorce. We identify judicial attitudes that misconstrue formal gender equality for substantive equality as a determining factor for such negative outcomes. We propose a new reliance-based model for Greek alimony law and illustrate that reliance is the most effective legal formula for acknowledging the nonpecuniary contributions of homemakers. Our research further demonstrates that homemakers are disadvantaged by the postdivorce distribution of marital property. We identified a number of problems that seriously compromise a homemaker's chances of receiving a fair share of marital acquests. The most prominent among them is that Greek courts do not apply clear-cut standards in evaluating a homemaker's domestic services, thus attaching a low value to their contributions within marriage. Yet another problem is that intangible assets (like the husband's postdivorce income and his pension benefits) are not designated as divisible marital property. We conclude by arguing that the reform was overall socially effective; however, it had an unintended negative impact on divorced homemakers. First, because the legislators did not include any special provisions on homemakers. Second, because judges have generally interpreted the new statutes as if men and women are always equal on divorce, and further, as if all women are similarly situated. To remedy these after-effects, we make specific proposals for future amendments. The central idea underlying these proposals is that divorce should be made more difficult for married couples with children. Lastly, we consider a number of measures that Greek policymakers can adopt in view of protecting divorced women and their children, while at the same promoting the social value of intact families. [This is an unpublished doctoral thesis submitted to the University of Chicago and supervised by Prof. Gary S. Becker, Judge Richard A. Posner and Prof. Mary A. Becker]

Porodično pravo u Francuskoj - pravo u preobražaju

The French family law is the expression of some substantial changes that are taking place in the French society. They concern both marriage and relationships between parents and children. It is also possible to notice a growing interest of the European law, through the right of privacy, specially regarding the freedom of marriage and the question of surrogate mothers. Also, since 2016 French law admits the mutual consent divorce without a judge.

Тhe interpretation of specificity to voting through representative system in the general election of the head of region in Іndonesia

The journal purposes to examine The Interpretation of Specificity to Voting through Representative System in the General Election of the Head of Region. This study is a legal study conducted through library research, using conceptual and statute approach. The results of the study indicate that the collection conducted through the system of representation in the general election or the general election of the head of region based on customary law or customs and mutual agreement in Yahukimo Regency (Papua Province) and Bali Province is constitutional. With respect to voters exercising their voting right more than once or election represented in a vote based on mutual consent or agreement is constitutional and lawful given that the system or model of election has become a habit and there is Number element of compulsion from the Balinese people applied in The General Election or The General Election of The Head of Region. The General Election of The Head of Region conducted in the Province of Bali in which there are elections represented then it is permissible and legitimate and Numbert contrary to the constitution in accordance with the phrase of legal considerations from decision of the Constitutional Court which states against such things, because it is a habit And has been accepted by each party, as evidenced by the absence of objection from the voting place from each candidate pair. Based on the provision of Article 22E Paragraph (1) of the Implementation of General Election, including The General Election of The Head of Region after entering The General Election regime based on Law Number 22 of 2007 on the Organizer of The General Election and Law Number 12 2008 on Regional Government is implemented in a direct, public, free, secret, honest and fair every five years.

'No Wedding's a Wedding Without a Cake': The History and Significance of the Wedding Cake

As applied culinary art, the wedding cake is an essential element of a ritual system that expresses the public establishment of a marriage. Drawing on the work of cultural anthropologists, I show that since its Victorian origins the white three-tiered wedding cake has signified female procreative fertility, with the associated rituals of the wedding reception conveying mutual consent and public approval for the couple’s physical union and resulting offspring, including ritual re-enactments of coitus and the regeneration of society. The incongruence of this symbolism with the non-procreative premise of homosexual marriage is implicated in the objection of conscientiously opposed bakers to creating a cake, but not to providing other confections or services, for same-sex weddings. Both the bakers, who risk penalties and sanction, and the same-sex couples, who are offended, signify that the cake is an artifact of fundamental importance for expressing consent to the wedding.

General and Specific Conditions of Arbitration Agreement

Arbitration as an alternative method of dispute resolution intrinsically is considered an exceptional institution. Being exceptional the arbitration institution requires to form it under the agreement of the will of the parties in the form of the arbitration agreement and thus until the parties have not agreed, Judgment is not imposed on them. Arbitration agreement is a contract in term of nature, and like all contacts must be respected the general rules of contract in it. The noteworthy point about this is that how is the observation of these conditions in arbitration agreement? In addition, this contract has the contents and conditions that the contracting parties agree to it and the basis of action of arbitrator or arbitrators is in the dispute settlement that it is interpreted as the specific conditions of the contract. The most important cases that often are noticed them in arbitration agreements and in the case of silence of the parties, the law governing the arbitration is replaced with their will in this regard, as follow: competence of arbitrator, language arbitration, the arbitration time, the arbitration costs, location of investigation and the number of arbitrators. The main question in this regard is this, how is the mutual consent of the parties of agreement in this regard. The answer to these two questions is the subject of this paper, which has been dealt with it through library studies and with the content analysis method.

Commerce Ethics of Muhammad PBUH’ and Universal Values in Era of Prophet Hood

<p>Muhammad PBUH, primarily business along with his father since as early as his childhood. Whilst he grown up, he commenced to setup his own venture and also have a joint venture with Siti Khadijah based on mudharabah scheme. He is gifted with great wisdom in trading and has allowed him gaining great benefit through it. Due to his moral in trading, it leads to his marriage with Siti Khadijah. Unquestionably there were features on the ethics and morals in the trade that Muhammad PBUH has represented. A matter of concern was his morality that shown during trade leads to his marriage with Siti Khadijah who was initially his business colleague previously and what was the commercial strategy that empowers him to a vast profit during trading. Thus, this study endeavor to define and detail the ethics and morals in trading that has been shown by Muhammad PBUH prior his prophet hood. The results of this study display the conflicting fact in practices that has been applied amongst the community back at that time. His is abundant in honest, fairness, friendly and compassionate to the buyer, and never set up a high price, and also detail in transaction record consequential him loved by many people. Alongside the combination of his aptitude in negotiation and intelligence, he was proficient to “read” the market opportunities and learning cultural and geographical conditions of each target market led him to higher profits than other merchants. In addition, this study also articulated sixteen Muhammad PBUH’ universal values in commerce such; honest, trustworthy, fair, polite and affectionate in trade, buy-sell applies only based on mutual consent, not involved in usurious practices', only legitimate and permitted item that will sell, avoid argument with partners and buyers, no oath in the name of idols, hoarding the goodies (<em>ikhtisar</em>) is not allowed, damaged item’ replacement policy, avoid competition on price, small profits is acceptable, pay his employee as soon as the job is done, always record transaction, and be generous. Those ethics and values actually resemble to such practice by Islamic merchants to highlight Islamic values in commerce nowadays.</p><p> </p><p><strong>Keyword</strong>: <em>Trading Business Ethics, Muhammad PBUH, prior to prophet hood.</em></p><p><em> </em></p>

TINJAUAN HUKUM ISLAM TERHADAP SISTEM PENGHITUNGAN PROFIT SHARING DALAM INVESTASI SYARIAH

Articles talking about the association of funds for invested to a third party a profit sharing mudharabah, by using the method revenue sharing in computation the income bank (gross profit), not profit, received bank or income a bank after reduced costs operational bank ( net profit ).On the other side determining the the percentage the ratio of the without any do not bargain with investors at the beginning of transactions and is not fixed in year.It is performed by the bank consider a level playing bank, excess / lack of funds operational banks and these income bank.Islamic law give freedom to one of the two sides to determine the calculation of a share of the revenue and extraction of the ratio of the them during these based on mutual consent each and does not contain any the forbidden and wombs lawful. The requirement is does not fail in the provisions common way. Keywords: Islamic Law, Profit Sharing, Investment Syariah.

Attempted Suicide Pact by Married couple: A Case Study

Suicide pact or a double suicide refers to the joint, actively induced death of two individuals at approximately the same time by mutual consent. News regarding these incidents is often found in media though scarcely published in medical literature. We report a psychiatric case history of a couple who attempted a suicide pact.

RAPTUS PUELLAE JAKO PRZESZKODA MAŁŻEŃSKA W DEKRECIE GRACJANA

Marriage has always been a concern of the Church. Christian doctrine gave matrimonium sacred meaning and at the same time fully endorsed the concept of mutual consent which originated from Roman law. The act of abduction with its legal and ethical consequences was described in detail in the Decretum Gratiani. The punishment for the abductor was public penance and prohibition of marriage. If the fiancé was unwilling to take back the abducted bride he was allowed to marry another woman. However, if the fiancé and the bride wanted to get married afresh, they were to be both excommunicated until they had made their reparation. The Decretum Gratiani clearly indicated that the raptus puellae was an obstacle which prevented marriage. The reason was the duress of abduction, which was contrasted with free will, voluntarily consent and the approval of father, parents or guardians.

Assessing the Quality and Content of Accessible Information on the Internet Regarding Hallux Rigidus

Category: Midfoot/Forefoot Introduction/Purpose: The internet has grown into one of the biggest resource of easy accessible health information for the general public. Hallux rigidus (HR) is the most common arthritic disease pattern of the foot. There is no mutual consent on the ideal operative intervention for this disease. State of knowledge is essential for a decision to proceed with a HR specific treatment, since this decision is ultimately a shared one between the patient and the physician. Therefore, many patients comb through the internet for medical information related to this specific topic. The purpose of this study was to assess the quality and integrity of the online available informative content about HR using acknowledged scoring instruments, proven quality markers and a novel designed specific HR score. Methods: In December 2016 the search term “hallux rigidus” was used to search Google (Google Inc., Mountain View, CA, USA) by three independent reviewers (two experienced orthopedic surgeons and one trained medical student). The content of the first 50 hits were analyzed by the use of specific scores including the DISCERN score, the Journal of the American Medical Association (JAMA) benchmark criteria and the Health On the Net code (HONcode) as a seal of quality for providing complete and transparent health-related information. Also the Flesch Reading Ease (FRE), the Flesch Kincaid Grade Level (FKGL), and the Gunning Fog Index (GFI) were recorded as indicators for readability. Websites were classified as follows: academic, commercial, government or non-profit organization (NPO), physician or group, and unspecified. A HR-specific content score was developed consisting of 19 specified items to evaluate the overall aspects about the procedure, management and potential complications. Results: Of the 50 screened websites, 37 (74%) were included for analysis. Of these 37 websites, 20 were from a physician or group, 8 were commercial, 6 were academic, 3 were governmental or NPO and 1 was unspecified. The mean DISCERN score of the websites was 46±10. The highest score was 65 points, whereas the lowest was 21. HON Code certification was present in six (16%) and HON seal in two websites (5%). The FRE, RKGL and GFI were 43,2±14, 8,1±2, and 6,7±2 respectively. The HR specific content score was 7±3. Conclusion: Quality and content of accessible information on the internet on HR was analyzed by three individuals by various objective scores. 37 websites were included in the analysis. The majority of websites provided poor information on the management of HR. Patients need to be aware of this fact. In the future measures need to be taken to improve quality and content of HR related websites.

The Rise in Divorce and Cohabitation: Is There a Link?

Over the past decades, divorce and cohabitation have increased dramatically throughout Europe. Divorce has fundamentally altered the institution of marriage from a life-long union to one that may dissolve. Cohabitation allows couples to live together without undertaking the vows of marriage, but also allows couples to avoid the potentially higher costs of divorce. Thus, divorce and cohabitation seem to be intrinsically linked. Here we theorize how the increase in divorce may be linked to the increase in cohabitation on the macro-, meso-, and micro- levels. Using focus group data from 8 countries, we explore how divorce may have changed attitudes and beliefs concerning marriage and cohabitation. We then investigate whether survey data and official statistics in 16 countries provide evidence consistent with a link. While exogenous factors have been important for the increase in cohabitation, we argue that the divorce revolution has been a catalyst for the cohabitation boom.

Внутрифирменная стандартизация аудита основных средств

In modern terms, standardization is one of the key factors, that characterize the effective development of audit activities in the Russian Federation and contribute to its adaptation to the requirements of international auditing standards. During the process of standardization of audit activities, a system of documentation is created, that establishes uniform requirements for the audit procedure, the order of formation and presentation of the audit report and the auditor’s report, internal and external control of auditing quality, training of auditors and assessment of their qualifications. The standard sets out rules, general principles, characteristics, intended for permanent and durable usage and affecting various professional activities and their results. The standard is being developed on the basis of mutual consent of the parties and approved by the competent authority. The unified structure of the standard should include: information on general provisions; basic concepts and definitions, that are used in the standard; aims and objectives of the audit of separate accounting object; normative legal acts and sources of information, used in the verification process; methodological approaches to the testing of the internal control system; audit evidence and analysis procedures, used in the verification process; typical errors and irregularities, detected during the audit. Standards are the basis for high-quality audits, introduction into practice of auditing organizations of scientific achievements, define the professional image of the profession, allow users of financial information to communicate with the auditors in the verification process. The application, discussed in an article, internal standards allows to detail professional conduct, because its use is based on the requirements of the federal standards and self-regulatory organizations of auditors. The use of standard in practice improves the quality of audit operations from fixed assets, reduces audit risk, provides an additional control over the work of the audit team.