Mutual Intention Research Articles

“Mutual Intentions AS v. A”

“Mutual Intentions AS v. A”

Osmanlı belgelerinde Kırım hanlığı / Крымское ханство в записях Османских документов (часть 2)

In 2013, in Istanbul (Turkey), with the assistance of the General Directorate of State Archives of the Republic of Turkey’s Prime Ministry, the book “Osmanlı belgelerinde Kırım hanlığı” (“The Crimean Khanate in the Records of the Ottoman Documents”) was published. The coordinator of the publishing project is the General Director of the State Archives, Professor Ughur Unal. The book is a collection of Ottoman documents, the content of which covers the Ottoman-Crimean relations. The number of documents is 112 units. Types of records include: imperial decrees (fermans) and imperial letters (name-i humayuns) prepared by the Imperial Council (Diwan-y Humayun) and its offices on behalf of the sultan; decrees (berats) of khans and kalgays; imperial orders (hatt-y humayun), containing the opinions and approvals of the sultans in connection with the proposals and decisions of the grand viziers; expenditure documents of the Ottoman finances for the Crimean khans, sultans and ambassadors; “news papers” (“khavadis kyagytlary”), allowing you to find out information from the Crimea. Correspondence topics: military cooperation in the capture of fugitive criminals and rebels; regulation of maritime trade; strengthening places that have suffered from food shortages; construction and repair of fortresses and other fortifications to ensure coastal security. Imperial letters (name-i humayun) are of great importance as signs of mutual intentions. They give privileges to the Crimean Khanate from the Ottoman state. The main themes of the imperial letters (name-i humayun): celebrations on the occasion of the accession to the throne of a new sultan or the birth of a sultan (shahzade) in the Crimea; mutual congratulations on the day of victory in the war; an expression of the shakh’s praise of the sultans after sending the text of the berat to the khanate and kalgay. The documents contain information about the requirements of the Crimean Khanate, which were submitted for approval by Istanbul: an increase in income for the performance of certain tasks, the appointment of chief military judges (kazasker), spiritual leaders (imams), preachers (khatips), and the provision of salaries to them. According to the documents, appointments to some positions of beyler beys and command over fortresses, which were of strategic importance for the region, were carried out by Istanbul in accordance with the advice of the khans.

SETTLEMENT OF PROBLEM FINANCING AFTER THE COVID-19 PANDEMIC AT BANK SYARIAH INDONESIA, BANDA ACEH

This research examines the Analysis of Troubled Financing Restructuring and the Urgency of Post-Covid-19 Agreement Renewal at BSI Aceh. The purpose of this research is to find out the implementation of post-covid-19 problem financing restructuring at Bank Syariah Indonesia (BSI) Aceh Branch, and to find out the urgency of renewing the post-covid-19 financing contract at BSI Aceh, to find out the Handling of Post-Covid-19 Financing Restructuring at BSI Aceh. This research uses a qualitative method with a descriptive approach. The research took place at BSI Aceh branch. The data sources used in this research are primary data sources and secondary data sources. The data collection methods used are observation, interviews, and documentation. The data analysis technique used in this research is descriptive analytical technique. The results showed that BSI in Aceh in providing financing restructuring to customers due to the Covid-19 Pandemic is based on Financial Services Authority Regulation Number 16/POJK.03/2014, which can only be given to customers who have difficulty fulfilling their obligations to the bank due to their business being affected by Covid-19. The stages of restructuring are rescheduling, re-conditioning and re-structuring. All these stages are carried out in order to fulfil the purpose of the initial contract of a customer with the bank, namely to give birth to a legal effect or mutual intention that is intended and which the parties want to realise through making a contract.

Why the Quad is not NATO: the indo-American impediments to its intergovernmental structure

ABSTRACT In the post-COVID19 global order, rising geopolitical tensions in Eastern Europe and East Asia reflect the boiling tensions States face on multiple fronts. Within this, the United States is on two fronts as a major player and supporter of its allies that are directly facing hostility. Since the start of 2020, China’s hard, military power maneuvering in the South China Sea, deteriorating political relations with Japan and Australia, and the Himalayan standoff against India have seemingly further substantiated the need for the formulation of The Quad, a proposed quadrilateral arrangement with a varying mandate of operations. The proposed structure would constitute India, Japan, Australia, and the United States.The grouping has repeatedly been touted as not as “anti-China.” However Chinese interpretation of the mutual intent has equated them to being an “Asian NATO.” Keeping this in mind, I draw upon Duncan Snidal and Felicity Vabulas’ works on Informal Intergovernmental Organizations (IIGOs) and considers the inherent pitfalls that states may incur while negotiating through the contours of such a structure. Particularly in regards to strategic autonomy, asymmetry in resource contribution and control, and agreeing on a set of fundamental driving philosophies that are certain enough to tie the parties together for the foreseeable future. I focus on contemporary international relations theory, secondary research in the subject countries’ Indo-Pacific policies, and the more significant geopolitical trends of securitization in Asia.

The Annihilation of Sympathy in English-Language Journalistic Texts

This article examines empathy annihilation in English-language journalistic texts. As a rule, this type of text is characterised by two indispensable factors: informativeness and impact on the recipients of the information. According to linguists’ traditional views, journalistic texts possess expressiveness, emotionality of language units, the author’s openness in relation to the recipients, and specific vocabulary. Following the famous Soviet and Russian linguist V. G. Kostomarov, the authors of this article admit that the specificity of journalistic texts is formed by the combination of the standard and expression. The article explores the conditions of sympathy annihilation in the communicative behaviour of Americans with reference to journalistic texts of American Internet publications. The article verifies the researchers’ thesis that Americans tend to show empathy towards their close people and dealing with strangers, participants of communication in the USA usually show restraint. The authors refer to the theory of compassion annihilation of American psychologist P. Slovic and suggest that it be transferred to the situation of empathy expression/non-expression due to the similarity of the given emotiogenic factors. The study demonstrates that empathy annihilation in American journalistic texts can cause the following situations: a positive effect of this phenomenon (self-care); empathic care (care for others); perceived impact (mutual intention of the communicating people not to show empathy towards each other).

The diplomacy of normalisation: The case of South Africa and Rwanda

ABSTRACT South Africa and Rwanda established full diplomatic relations in May 1995, one year after the end of apartheid and the genocide in Rwanda. Initially warm diplomatic ties evolved into concrete, diversified and upgraded diplomatic relations. However, their diplomatic relations subsequently declined significantly due to a series of accusations and counter accusations regarding Rwandan citizens living in South Africa. The two states moved to normalise diplomatic relations in 2014, however that attempt was unsuccessful. The article explores the dynamics of diplomatic normalisation and unpacks a four-phased approach to normalisation which is then applied to the South African and Rwandan normalisation efforts since 2018, when presidents Cyril Ramaphosa and Paul Kagame expressed their mutual intention in this regard within their respective foreign policy approaches. As of 2023, however, unresolved and emerging factors continue to compromise the prospects of normalised diplomatic relations between Kigali and Pretoria.

집회의 자유의 제한에 대한 유럽인권재판소의 일반원칙

Restrictions on freedom of assembly should be proportional and the least intrusive means to achieve a legitimate purpose should be given priority. Freedom of assembly should be enjoyed as freely as possible. Freedom of political assembly in particular should be strongly protected. Freedom of assembly also has the meaning of communicating information with each other and forming mutual intentions by allowing others to enter the public sphere. It also has the function of protecting minorities and opposition parties that cannot be represented by the general public's will. However, freedom of assembly presupposes a duty of acceptance, such as having a problem with the right to move and colliding with the interests of others.
 The state has an active obligation to actively protect peaceful assembly and this active obligation requires the state to protect against individuals or groups who attempt to interfere or block participants in peaceful assembly. The state is also obligated to guarantee the basic rights of those who did not participate in the assembly.
 The right to the freedom of peaceful assembly under the European Convention on Human Rights is also a fundamental right of democratic society. Among the justification requirements for the European Court of Human Rights' restrictions on freedom of assembly, ‘necessary in a democratic society’ is a matter of profit sentence as a review based on the principle of proportion. Therefore, it can be seen that the European Court of Human Rights examined whether the basis for the judgment was appropriate and sufficient for the claimant's claim for arrest and conviction for administrative crimes. The The requirement of ‘necessary in a democratic society’ is a ‘contextual approach’, which requires careful argument in that it is possible to make an appropriate judgment only after considering the overall contents such as content, context, and proportionality of sentence along with the submitted evidence.
 Freedom of assembly is a basic right that is important for realizing democracy and should be guaranteed as much as possible because various intentions of the people are expressed. In the proportionality examination of whether restrictions on freedom of assembly are necessary for a democratic society, as shown in the case of Navalnyy and Gunko v. Russia, European Court of Human Rights should examine whether these restrictions are in response to strong social needs, and whether they are appropriate and sufficient.

Modal context restriction for multiagent BDI logics

We present and discuss a novel language restriction for modal logics for multiagent systems, called modal context restriction, that reduces the complexity of the satisfiability problem from EXPTIME complete to NPTIME complete. We focus on BDI multimodal logics that contain fix-point modalities like common beliefs and mutual intentions together with realism and introspection axioms. We show how this combination of modalities and axioms affects complexity of the satisfiability problem and how it can be reduced by restricting the modal context of formulas.

Who can be in a group? 3- to 5-year-old children construe realistic social groups through mutual intentionality

Recent research suggests that young children’s causal justification for minimal group membership can be induced via a cognitive framework of mutual intentionality. That is, an individual can become a group member when both the individual and group agree to membership. Here, we investigated if children ages 3–5 understand groups formed by mutual intentions and whether they apply mutual intentions to realistic groups with varying entitative and essentialized qualities. In two studies (N = 197), we asked 3-, 4-, and 5-year-old children if a novel character could join an existing group based on intentionality (mutual, individual-, group-only) and group type (task, friends, family). We find that 4- and 5-year-olds robustly relied on mutual intentions to constitute group membership and 3-year-olds also demonstrated emerging usage of this cognitive framework. Moreover, children employed mutual intentionality across different group types, suggesting a general framework for children’s understanding of different social groups.

Aantekeninge: Verlowingsbreuk of troubreuk is geen egbreuk nie maar slegs nog in sommige moderne sosiale gemeenskappe as onregmatige daad erken?

Breach of promise by a betrothed is not met with the same sanctions as breach of contract. The disappointed previously engaged party cannot approach the court for an order against the other party for specific performance. The erstwhile future spouse cannot be compelled to enter into the envisaged marriage relationship notwithstanding the doubt that surfaced about the everlasting joyous nature of this union. For the same reason, no claim for positive interest as damages will be honoured by a court. The deserted betrothed cannot claim half of the estate of the other party because she was under the impression that the marriage would have been in community of property. The unavailability of these categories of remedies indicates that the foundation of an engagement agreement should not be seen as a contract between the parties to enter into a legal relationship which will entitle them to reciprocal claims for performance. It must rather be classified as a factual relationship between two parties that is recognised in law and therefore carries consequences. A betrothed cannot simultaneously be engaged to more than one prospective future spouse in a legal system that only recognises a monogamous marriage. The unsavoury conduct of the guilty party who breached the promise to marry on the proverbial steps of the church, is, however, often the cause of damage and hardship for the innocent party and may also cause prejudice to her family when they have indebted themselves for the prospective marriage. The disappointed previous fiancée may have incurred significant costs for the bridal lay-out, the wedding feast and the intended honeymoon, but it may also include the loss of a previous job opportunity or the burdening of the claimant with the cost of a new dwelling that would not otherwise have been encountered. Common law recognised the need to reimburse the innocent party for such losses and also for the personal injury suffered if the breach occurred shortly before the marriage was supposed to be concluded or the conduct of the guilty party was especially harsh and impolite. Harbouring bad manners comes at a cost. In this contribution the historical development of the applicable claims is discussed by way of comparison with other legal systems in order to define the underlying foundation of the claims as recognised in South African law. In principle, claims founded on the actio legis Aquiliae as well as the actio iniuriarum should be available, provided the various requirements for the remedy can be met. It is questioned whether there is any truth in the premise that the continued recognition of such a delictual claim will endanger the value of marriage as a binding institution in modern society and that this excuse justifies the demise of the sanctions against such a delict in some modern societies. The well-known proverb ubi ius ibi remedium also indicates that as long as the delictual conduct of the unreliable suitor is recognised as unacceptable conduct, private law should provide a suitable remedy to the injured subject. It is presumed that parties who decided mutually to become betrothed represent to each other and to third parties that they intend to enter into marriage as a lifelong relationship and that all concerned may act according to this representation of their mutual intent. Should any of the parties experience a serious change of heart and repudiate the agreement, the other may claim for any damage suffered as a result of the breach with the actio legis Aquiliae. In addition, the contumely conduct entitles the aggrieved party to claim solatium for the injury to her personality rights. Although the claims founded in the breach of promise are often referred to as contractual claims, the case law displays many examples where the claimant for the wasted damages caused by the delictual behaviour happened to be the parents or guardian of the party left in the lurch, notwithstanding the fact that the defendant did not enter into a contract with them as the future in-laws. This points to the fact that the remedy is a delictual and not a contractual remedy and founded in the breach of trust.

Harvard settles web access complaint

The National Association of the Deaf, on behalf of its members; private individuals on behalf of themselves; and a proposed class have settled a complaint against Harvard University in a case seeking declaratory and injunctive relief requiring Harvard to provide timely, accurate captioning of the audio and audiovisual content Harvard makes available online to the general public for free. The consent decree states: “With the mutual intent of increasing access to Harvard's online audio and video content for deaf and hard‐of‐hearing people, the Parties have jointly agreed to the final disposition of this action in its entirety by Consent Decree.”

Why US-Russian arms control can succeed even in a climate of confrontation

ABSTRACT The onset of a crisis in US-Russian and global arms control has generated manifold proposals on ways to rejuvenate productive negotiations on weapons cuts and confidence building measures. Yet most of these plans are focused on technical details while failing to capture the central role of politics – both domestic and international – in enabling arms control. More important, many observers overlook the fact that, historically, US-Russian arms control negotiations only yielded concrete results when the sides were clear about their mutual intentions. Those intentions did not need to be cooperative; they could well be adversarial (as was the case during much of the Cold War). But for arms control to work, they had to remain at a stable, tested, and predictable level, which was clearly not the case in the late-2010s. To expect US-Russian arms control to regain its lost momentum by itself and salvage the political relationship would be to misunderstand the sources and context of past achievements in bilateral arms control.

The study of Relational Benefits from Taekwondo Gyms in China Based on Parental Perceptions on Mutual Trust, Loyalty, and Recommendation Intentions of Consumers

The study of Relational Benefits from Taekwondo Gyms in China Based on Parental Perceptions on Mutual Trust, Loyalty, and Recommendation Intentions of Consumers

ОТНОШЕНИЯ РОССИЯ–НАТО: ОТ ДЕКЛАРАТИВНОГО ПАРТНЕРСТВА К ГЛУБОКОМУ КРИЗИСУ

The end of the Cold War stimulated decisive positive changes in Russia-NATO relations. American military presence in Europe was reduced by 85% which was one of the signs of growing trust between Russia and the West. Moscow and Brussels adopted a number of documents (NATO-Russia Founding Act of 1997 among them) proclaiming mutual intention to develop a “stable and long-term partnership”. Unfortunately, a number of drawbacks in the Western strategy towards Russia (most notably NATO’s enlargement policy) almost derailed prospects to realize the above intention. Negative developments of the military political situation in Europe and in the world resulting from the Ukrainian crisis drastically aggravated the interaction between Russia and Western countries. As a result, Russia-NATO relations were thrown back on the brink of the Cold War and degraded from the level of developing cooperation with the goal of establishing partnership-like cooperation to a deep mistrust. For the first time since the Cold War, the militaries of the parties almost came in close contact creating the risk of military conflict. In this situation, reducing the level of mutual confrontation becomes an urgent task. To achieve this a number of measures may be undertaken: the mechanism of direct bilateral dialogue (primarily within the NATO-Russia Council) should be restarted, steps should be taken to prevent incidents on and over the high seas, certain key provisions of the Founding Act should be clarified and specified, the level and numbers of military maneuvers should be lowered significantly, zones of the reduced levels of armaments should be established, the process of negotiations on arms control and confidence building measures in Europe should be resumed. In fact, a number of such measures may be proposed. But it is important to take into consideration that the discussion on “modernization” of the 2011 Vienna Document on confidence- and security-building measures proposed by the West may be effectively started only in line with the development of a dialogue on security and arms control and achieving here sizable results. The parts should reduce drastically declaratory accusations addressing each other and try to refrain from activity that would be negatively perceived by the other side.

The emerging causal understanding of institutional objects

Institutional objects, such as money, drivers’ licenses, and borders, have functions because of their social roles rather than their immediate physical properties. These objects are causally different than standard artifacts (e.g. hammers, chairs, and cars), sharing more commonality with other social roles. Thus, they inform psychological theories of human-made objects as well as children’s emerging understanding of social reality. We examined whether children (N=180, ages 4–9) differentiate institutional objects from standard artifacts. Specifically, we examine whether children understand that mutual intentions (i.e., the intentions of a social collective) underlie the functional affordances of institutional objects in ways that they do not for standard artifacts. We find that young children assimilate institutional objects into their intuitive theories of standard artifacts; children begin to differentiate between the domains in the elementary school years.

Heart Team: Joint Position of the Swiss Society of Cardiology and the Swiss Society of Cardiac Surgery.

The Swiss Society of Cardiology (SSC) and the Swiss Society of Cardiac and ThoracicVascular Surgery (SSCTVS) have formulated their mutual intent of a close, patient-oriented, and expertise-based collaboration in the Heart Team Paper. The interdisciplinary dialogue between the SSC and SSCTVS reflects an attitude in decision making, which guarantees the best possible therapy for the individual patient. At the same time, it is a cornerstone of optimized process quality, placing individual interests into the background. Evaluation of the correct indication for a treatment is indeed very challenging and almost impossible to verify retrospectively. Quality in this very important health policy process can therefore only be assured by the use of mutually recognized indications, agreed upon by all involved physicians and medical specialties, whereby the capacity of those involved in the process is not important but rather their competence. These two medical societies recognize their responsibility and have incorporated international guidelines as well as specified regulations for Switzerland. Former competitors now form an integrative consulting team able to deliver a comprehensive evaluation for patients. Naturally, implementation rests with the individual caregiver. The Heart Team Paperof the SGK and SGHC, has defined guide boards within which the involved specialists maintain sufficient room to maneuver, and patients have certainty of receiving the best possible therapy they require.

The Characteristics of an Abstract System for the Transfer of Property in South African Law as Distinguished from a Causal System

Two divergent systems are usually differentiated between when it comes to the way in which real rights are transferred from one person to another, namely abstract and causal systems. In this article the features of each system, the respect in which they differ from each other, and the practical implications of the distinction are established. It appears that in a causal system real rights are transferred by conclusion of the obligatory agreement, which should be valid and enforceable. The mutual intention to transfer and to receive real rights is not construed as an independent real agreement as it is contained in the obligatory agreement. In a causal system the transferor finds himself in a favourable position in relation to other parties while bona fide third parties undoubtedly get the worst of the deal since they have no protection against the disadvantageous consequences of delivery owing to a void obligation. In an abstract system the obligatory agreement is not sufficient for the transfer of real rights, the thing should also be delivered and there should be a valid real agreement which consists merely of the mutual intention to transfer and to receive real rights. The real agreement is a characteristic of an abstract system which distinguishes it from a causal system. Compared with the position of those in the causal system, the transferee and third parties find themselves in a favourable position vis-à-vis the transferor. In a causal system the concept iusta causa refers to a valid and enforceable obligatory agreement or other juridical fact which obliges the transferee to deliver the thing. In an abstract system it serves no purpose to describe the causa with reference to the obligatory agreement, since it is not a substantive law requirement for the transfer of real rights. The causa concept refers rather to the mutual intention to transfer and to receive real rights, which is nothing less than the real agreement. Since the causa is contained in the real agreement it is no longer of any use in an abstract system and should be abandoned. The Dutch system displays the characteristics of an abstract system in that a separate act of delivery should exist and a valid real agreement is a requirement for the transfer of real rights. On the other hand it also displays characteristics of a causal system, since a valid obligatory agreement is a requirement for the transfer of real rights.

Mutual intentions as a causal framework for social groups

Children’s early emerging intuitive theories are specialized for different conceptual domains. Recently attention has turned to children’s concepts of social groups, finding that children believe that many social groups mark uniquely social information such as allegiances and obligations. But another critical component of intuitive theories, the causal beliefs that underlie category membership, has received less attention. We propose that children believe membership in these groups is constituted by mutual intentions: i.e., all group members (including the individual) intend for an individual to be a member and all group members (including the individual) have common knowledge of these intentions. Children in a broad age range (4–9) applied a mutual-intentional framework to newly encountered social groups early in development (Experiment 1, 2, 4). Further, they deploy this mutual-intentional framework selectively, withholding it from essentialized social categories such as gender (Experiment 3). Mutual intentionality appears to be a vital aspect of children’s naïve sociology.

Contract Interpretation: Brief Overview from the Standpoint of International and Trans-National Instruments

The role of contract in modern social and economic order can hardly be overestimated. Contract constitutes the legal form of economic exchange and in the same time it is an instrument for self-regulation which is used by agents in the market. Therefore contract bears much resemblance to the state law. Just as the state law, contract provides some obligatory rules which must be followed. And just as the provisions of state law, the terms of a contract are put in words of natural language. Since natural language allows for much ambiguity and polysemy, the problem of finding out the exact meaning of contract terms constitutes an important issue of modern law of contracts.Contract interpretation is a traditional topic within the realm of contract law. That is why the issue is always in the spotlight of researchers’ attention. Amongst contemporary publications the works of Catherine Mitchell, Steve J Cornelius, Lord Justice Lewison and David Hughes address the issue.Paper objective. The main objective of the paper is to figure out the most modern tendencies relating to contract interpretation. This goal is achieved through the analysis of influential international and trans-national authorities such as Vienna Convention on Contracts for the International Sale of Goods (CISG), UNIDROIT Principles of International Commercial Contracts (PICC), Principles of European Contract Law (PECL), Draft Common Frame of Reference (DCFR), Common European Sales Law (CESL).First of all the paper provides a brief overview of two opposite approaches to the interpretation of contract, namely objective theory of interpretation and subjective theory of interpretation which are also known as reliance theory and theory of will. The author states pros and cons of each theory and then goes on to analyzing how those two theories are reconciled in PICC, PECL, DCFR, and CESL. Also the author pays attention to different factors which one has to take into account while interpreting the contract. In this context some brief comparative observations are made.The main trend in evolution of modern rules on contract interpretation is that the boundary dividing subjective and objective interpretation is being more and more erased. Those two approaches are now combined in one complex solution of the problem. This solution can be worded as a kind of rebuttable presumption according to which the contract must be construed from the standpoint of hypothetical reasonable persons put in the same factual situation as the parties, unless there are firm evidences that there was an actual mutual intention of the parties to attach the contract some different meaning (i.e. different from the meaning which can be inferred by using the first approach).

Forms of Trust and Conditions for Their Stability: Table 1.

Of the three principal approaches to trust, we decided to investigate in greater detail the one in which trust is regarded as a belief that the individuals involved hold about a relationship. Trust was defined as a delegatory relationship based on anticipation of the delegatee’s behaviour. We reached four main conclusions. First, the solution to the problem posed by the indeterminacy of trust lies in the differentiation and hierarchisation of the various forms of trust—contractual, organisational and tacit—on the basis of their degree of irreversibility and stability. Second, contractual trust is unstable because it comes up against the problem of guarantees of individual intentions. This leads to the third conclusion: rational evaluation by individuals cannot by itself establish trust, which is based on collective beliefs, practices and rules. Fourth, we identified two conditions for the stability of trust: the creation of irreversibilities through adherence to a rule and the creation of a ‘confidence interval’ within which different interpretations of contradictory individual strategies are tolerated. Thus the viability of the various forms of trust depends on the ability of institutions and organisations to create rules that are likely, when applied, to produce an interval in which tolerance of mutual intentions is the norm. These analyses of trust hence highlight the role of time and period of time in the notion of trust.