Rights Of Parties Research Articles

Is there a right to a fully vaccinated care team?

Although COVID-19 vaccines are free and readily available in the United States, many healthcare workers remain unvaccinated, potentially exposing their patients to a life-threatening pathogen. This paper reviews the ethical and legal factors surrounding patient requests to limit their care teams exclusively to vaccinated providers. Key factors that shape policy in this area include patient autonomy, the rights of healthcare workers, and the duties of healthcare institutions. Hospitals must also balance the rights of interested parties in the context of logistical constraints, equity, and public health considerations.

Cut-Through Clauses in Aviation Insurance and Reinsurance Policies

This article analyses the operation of cut-through clauses in aviation insurance and reinsurance policies, with particular reference to the Lloyd’s Market Association (LMA) standard form cutthrough endorsement, AVN 109. It does so from the perspectives of the usual parties to aviation insurance policies, including on the insured’s side owners, operators, lessors and financiers, and on the underwriters’ side insurers and reinsurers. It considers cut-through clauses’ operation in the context of fronting arrangements, insurer insolvency (which brings into play the anti-deprivation principle), other bars on payment and coverage disputes. An insured’s ability to compel payment directly from the relevant insurer and the legal proceedings that may be required are discussed. The analysis is provided primarily under English law, including reference to the Contracts (Rights of Third Parties) Act 1990 and Randgold Resources Ltd & Anor v. Santam Ltd & Anor [2018] EWHC 2493 (Comm), though the laws of New York and other jurisdictions are also briefly considered. The article concludes with practical recommendations for aviation insurance policy holders to consider when negotiating cut-through clauses, so as to maximize the protection that they provide. Insurance, reinsurance, cut-through, aviation, AVN 109

Procedural Rights and Obligations of Third Parties in Antitrust Investigations and Proceedings by the European Commission

This Article provides a systematic overview of the procedural rights and obligations of third parties in investigations and proceedings conducted by the European Commission for the enforcement of Articles 101 and 102 TFEU. Third parties are all natural or legal persons, undertakings and associations of undertakings other than those under investigation. This article examines the possibilities for third parties to inform the European Commission about a suspected infringement and to trigger an investigation by the European Commission; the obligations and rights of third parties when responding to requests for information sent to them by the European Commission, when participating in interviews, and when submitting to inspections conducted by the European Commission; the possibilities for third parties to obtain information about pending proceedings and to express their views in them; the rules on the use of languages; and the protection of business secrets and other confidential information, and the restrictions on the use of information obtained by third parties through their participation in the European Commission’s proceedings. Procedural rights and obligations, Third parties, Antitrust proceedings and investigations, European Commission, Enforcement of Articles 101 and 102 TFEU, Informants, Requests for information, Inspections, Use of languages, Protection of confidential information

Non-Adherence to Human Rights and Humanitarian Laws in the Conduct of Armed Conflict in Yemen

To protect the properties, lives, and dignity of human persons worldwide, the International Humanitarian Law seeks to uphold and promote Human Rights Law and other international frameworks regulating the rights of civilians and parties to armed conflict. The conduct of parties to the armed conflict who have grossly violated the combined provisions of International Human Rights Law and the International Humanitarian Law resulted in the persistence of armed conflict and warfare in Yemen, thereby crossing every access road to humanitarian rights and privileges. The researchers adopt the doctrinal methodology to investigate the status of warfare in Yemen, the provisions of the law on International Human Rights and Humanitarian Law, and the extent to which the parties to the armed conflict in Yemen break such laws. The International Humanitarian Law and the International Human Rights Law regulate the conduct of actors and parties in the armed conflict both in Yemen and the world at large. The finding of this studydemonstrates that all the participants in the conflict in Yemen violate the International Humanitarian Law. Therefore, they are accountable for such violations.The research recommends strict adherence and compliance to both the International Human Rights Law and the Humanitarian Law throughout the armed conflict in Yemen to have lasting peace. Furthermore, accountability for violations committed should be identified, and all actors in the armed conflict should be punished accordingly.

The concept and types of guarantees of the right of political parties to participate in elections

Participation in elections is the right of Russian political parties and their duty which they must fulfill in seven years. In the period from 2019 to 2021, 28 political parties were dissolved for non-participation in elections. Therefore, the guarantee of this right is an important issue. The establishment of system of such guarantees contributes to the further development of democratic institutions, broad representation of various groups of the population, and the qualitative development of multiparty system. The purpose of this study is to develop a theory on guarantees of the right of political parties to participate in elections, to formulate proposals for improving such system. The scientific novelty of the study is due to the following: the concept of “guarantees of the right of political parties to participate in elections” was introduced taking into consideration the content of the said right; a classification of guarantees of the right of political parties to participate in elections — guarantees of the acquisition, implementation and protection — was proposed; the position according to which in Russia there are special guarantees that are absent in the electoral legislation of foreign countries was reasoned; proposals to improve the system of guarantees were formulated. In the present research, the author’s theoretical provisions were formulated, deepening the knowledge on the above-mentioned guarantees, which will allow them to be used as a basis for further development in the field of constitutional and legal science. To achieve the research aims, method of formal logic, formal and legal as well as comparative legal methods were used. When studying the experience of foreign countries (Serbia, Denmark, Iceland, Finland, Spain, Italy, the Netherlands, New Zealand, France, Germany) classical guarantees of the right of political parties to participate in elections were revealed: guarantees of party autonomy, financial guarantees, guarantees of election campaigns and guarantees of publicity, guarantees of control during voting, guarantees of appeal. The study also determined that, in Russia, there are some special guarantees related to the historical and political features of the formation of the national multiparty system, as well as to the need to establish a balance in the interaction of the state and political parties. As a result, proposals were made to improve the system of guarantees of the right of political parties to participate in elections.

Theoretical Analysis and Application Optimization of the Breaching Party's Right of Rescission

Although the existence of the breaching party's right of rescission is indirectly recognized in the practice of judicial adjudication, there has always been a great controversy among scholars as to whether the breaching party has the right of rescission and how it should exercise the right of rescission. The theoretical basis of the breaching party's right of rescission is mainly derived from the theory of efficiency breach in economics, but its legal applicability is still questionable. Article 580 of the Civil Code is a formal response to the breaching party's right of rescission, but does not explicitly stipulate that the breaching party has the right of rescission. The legitimacy of the breaching party's right of rescission still needs to be explored, and interpreting Article 580 as the breaching party has the right to apply for termination of the contract or the best way to solve the contract deadlock, and it is also the best response to maintaining the unity of the civil law system.

The Privity of Contract: Third Party Rights Under Maldivian Contract Law

The Privity of Contract: Third Party Rights Under Maldivian Contract Law

Legal model for combating information inaccurate on the internet (on the example of Australia)

A false sense of anonymity and impunity on the Internet leads to the emergence of such an offense as the dissemination of information that does not correspond to reality that violates the rights of third parties. Despite the legal responsibility for such actions, the number of such offenses on the Internet does not decrease. The Internet brings its own specifics to the regulation of emerging relations, for example, to determine the place and source of publication, the identity of the publisher requires information about all ongoing activity on the Internet, which is stored by Internet intermediaries. Accordingly, the system of organizational and legal mechanisms for regulating Internet relations should take into account the technological specifics of the activities of various Internet intermediaries. In the article analyzes the main changes in Australian legislation aimed at determining the responsibility of Internet intermediaries for the dissemination of information that does not correspond to reality; the stages of the formation of an organizational and legal system for preventing the dissemination of this information in the Australian segment of the Internet, as well as law enforcement practice.

Crucial conditions of domestic subcontract in Malaysian construction industry

In construction industry, almost every construction project has to deal with construction contract, due to the project complexity and high financial risk. The contracts are developed and published by various associations and professional bodies and are widely used in the construction industry. Contract conditions are intended to specify the duties and rights of the contractual parties and must be properly drafted. Contractual parties under a particular contract must be aware of the details of the contract conditions. In Malaysian construction industry, there are several standard forms of main contracts and nominated subcontracts. However, for domestic subcontract, main contractors prefer to use bespoke contract, which the parties modify the standard contracts by omitting several clauses or adding new clauses; thus, potentially compromise the completeness and accuracy of the contract. Hence, the aim of this study is to examine the crucial conditions in the domestic subcontract commonly approached by main contractor in construction projects. A quantitative research method is adopted and the data have been collected by survey questionnaires. There are a total of 100 valid responses received from the construction industry practitioners in Malaysia. The survey objective is to rank the conditions in domestic subcontract from the most to the less important. As the result, the top 5 of relatively important domestic subcontract conditions, out of 27 conditions, are the terms of payment and final account, extension of time, variation, contractor’s and subcontractor’s obligations, and performance bond. The results of these surveys will enhance the contractual knowledge of main contractor and domestic subcontractor and improve awareness of crucial conditions that are prerequisite for the development of domestic subcontract.

Датская народная партия и трансформации иммиграционной политики Дании

The author explores the history of the Danish People’s Party and its effect on Danish immigration policy. The DPP was founded in 1995. It successfully continued the anti-immigration course of the Danish Progress Party fallen into disrepair. The Danish People’s Party represented a synthesis of several political currents: the Lutheran movement Tidehverv and its journal, intellectual nationalists from the Danish Association, and conservative populists from the Progress Party. The DPP seeks to drastically reduce non-Western immigration, opposes Islamization and favors cultural assimilation of immigrants. For 25 years, the Danish People’s Party has managed to maneuver between establishment parties and their small partners in the complicated multi-party political system of Denmark. Dissociated from radical elements, the DPP has occupied a stable position on the right of the traditional bourgeois parties. It has broken the long-term influence of centrist parties, and especially radical left-wing parties, on Danish policy. Collaboration with liberal-conservative forces from 2001 to 2011 and from 2015 to 2019 was the most productive for the Party. The DPP played a key role in writing the rules and conditions for immigration in the immigration law that was established by the government in May 2002. Most importantly, the document provided for strong restrictions in immigration policies, which resulted in what is often described as Europe’s strictest immigration laws. The 24-year rule has drawn a lot of attention. Thanks to European migrant crisis, the 2015 general election was historic for the Danish People’s Party. It got unprecedented electoral support and became Denmark’s second largest political party. However, the Party suffered a major defeat in the 2019 general election, recording its worst result since the establishment by wining 8.7% of votes – down from 21% in 2015, for the following reasons: depletion of anti-immigrant rhetoric and seizing the traditional DPP initiative by the establishment, increased political competition and party’s collaboration with the Social Democrats, unexpected for the DPP voters.

Untersuchungsausschüsse live im Fernsehen – ein Beitrag zur Aufklärung?

Demands for allowing audio and visual recordings during sessions of parliamentary inquiry committees to ensure better public information have been brought forward not only since the introduction of legislation on these commission some 20 years ago . While the law— with high legal hurdles—introduced the possibility during these sessions, actual recordings have only been allowed in very few cases . In the previous parliamentary term of the Bundestag, media reports stressed the demand for visual and audio recordings during the “Wirecard” inquiry . Making use of such recordings raises three fundamental issues with the conformity of inquiry proceedings: complying with important procedural principles, balancing competing rights of relevant parties as well as avoiding possible contradictions of the inquiry committee´s mandate . None of these three questions can be answered in a way that would support the general authorization of audio and visual documentation . Findings in psychology even suggest that there is an insolvable conflict between the unwanted influence of the mere knowledge about of television coverage on witnesses and the facts based mandate of the committee .

Procedural Rights of Aid Beneficiaries in State Aid Proceedings: The Case of Helsingin Bussiliikenne Oy · Cases T-597/19 and T-603/19 Helsingin Bussiliikenne Oy · Annotation by Ilkka Aalto-Setälä, Henrik J. Koivuniemi and Leo Rantanen

The Finnish State aid saga in the bus transport sector has become to a provisional end, as the General Court found in Cases T-597/19 and T-603/19 that certain measures taken by the City of Helsinki constituted unlawful State aid. The judgement showcases various interesting aspects of State aid law, particularly procedural rights of interested parties in the context of economic continuity. This annotation introduces the procedural matters at issue in Case T-603/19 and walks through the Court’s reasoning.

On the System of Right Relief in Criminal Expedited Judgement Procedure

China added the criminal expedited judgment procedure in the amendment of the Criminal Procedure Law in 2018. The purpose of this system is to improve the efficiency of judicial resource utilization on the premise of ensuring judicial justice. However, its existence not long, there are some problems in the system construction, which makes the actual use of the procedure have a negative impact on the rights of both parties. Therefore, started from the right relief system, this article discussed the right relief system of suspect and defendants in the criminal expedited adjudication procedure on how to achieve the purposes of judicial justice and improving the efficiency of judicial resource utilization while ensuring that suspect and defendants can get relief legally.

Homeowners’ Associations as Urban Property Management Entities

The concept “homeowners’ association” falls within the description of fragmented property schemes. It is an entity that is the owner or manager of communal property and the land of an estate, consisting of individual properties owned by members of the association and communal areas used collectively by the individual owners. The individual properties and communal areas are managed in terms of conditions and rules, albeit with different purposes. A homeowners’ association is normally a juristic person incorporated as a non-profit company or by agreement between the individual owners as members to establish a common law juristic person. In terms of its management documents, it has the capacity to manage the estate and enforce the rules of the scheme. Therefore, the memorandum or constitution should contain specific management directions, which are discussed in this article. The rules of the scheme must be approved by the Ombud for Community Schemes before they may be enforced. The latter may also be approached to mediate disputes between members of the association or between members and the management. Initially the social-political need for urban fragmented property schemes is explained, followed by an analysis of the management of urban fragmented property. It is emphasised that ownership of immovable property is not only an individual right, but also fulfils an important community function. The legalities surrounding the establishment of a homeowners’ association is thereafter discussed. Essential matters to be included in the management documents are examined with specific reference to the enforceability and constitutionality of the rules of the association. Finally, the establishment of gated communities is reviewed with an emphasis on the constitutional viability of imposing limitations on the fundamental rights of owners, occupiers and third parties (like visitors and employees) who need access to the scheme or want to use communal areas in the scheme.

عقد رہن کی معاصر اطلاقات کا شرعی جائزہ Shariah Analysis of Modern Applications of the Pledge Contract

Rahn Literally means to detain something. From shariah's point of view, Rahn is the security that can be lawfully employed for the satisfaction of claim in respect of a debt. In Rahn, real or corporeal property of material value is pledged as security of debt. This is a contract that protects the rights of parties entering into a financial agreement. On the one hand, it enables the debtor to get a loan to fulfil his financial needs by providing security to the Creditor against the debt. On the other hand, this contract protects the right of the creditor and saves him to incur a financial loss as a result of the default of the debtor in repayment of debt. In the modern banking system, where the major role of a bank is to disburse loans to the customers or to enter into credit transactions with them, the significance of Rahn contracts has increased. Therefore, there is a need to examine the rules and conditions of the Rahn contract in respect of its modern applications. This article proceeds with a discussion on the basic concept, rules, and conditions of the Rahn contract in different Fiqh schools of thought. The second part focuses on the modern applications of the Rahn contract. The last part of this study consists of the conclusion and findings of this article. The study found that it is allowed to pledge shares and ownership documents to use them as collateral in a debit transaction. Moreover, it is also allowed for the creditor to ask for an insured item or good to secure his debt.

ON THE PRINCIPLES OF COMMUNITY CO-EXSISTENCE – REFLECTIONS ON THE SELECTED PROVISIONS OF THE LABOUR CODE

The purpose of this article is to analyze the concept of the principles of community co-exsistence in the context of selected provisions of the Labor Code that refer to them, i.e. articles 8, 100 § 2 point 6 and 94 point 10 of the Labour Code. It refers to the application of the principles of community co-exsistence as a criterion for the abuse of rights of parties to the employment relationships, as well as guidelines for the proper conduct of employees - who are obliged to respect them and employers - who should influence their establishment in the workplace.

Problematic issues of submitting of counterclaims in International centre for settlement of investment disputes

The counterclaim institute is one of crucial legal defense options during the dispute settlement in domestic and international jurisdictions; investment arbitration is not an exception. The most famous dispute settlement platform is International centre for settlement of investment disputes (ICSID). One of the key ideas of establishment of such a dispute settlement instrument was an implementation of autonomous and objective system of Investor-states dispte sttlement (ISDS) by the “independent forum”. While procedural rights of ISDS parties are conceptually equal. However, the concept of equal procedural rights of ISDS parties has not been translated into reality. Notwithstanding the fact that the counterclaim institute is an important instrument of ensuring the objectivity and comprehensiveness of the dispute settlement, tribunal`s approaches are “restrictive” and “cautious”.Taking into account that States are “perpetual respondent” in ICSID, problematic issues of submitting of counterclaims influence the realization of interest of the State in ICSID. Problematic issues of submitting of counterclaims clearly show the imbalance of the exercise of procedural rights by the respondent-state.The article is intended to draw the attention of readers to problematic issues of submitting of counterclaims in ICSID and on the alternative view of the isuue.

Erratum to: Private Enforcement and Gatekeeper Regulation: Strengthening the Rights of Private Parties in the Digital Markets Act

Erratum to: Private Enforcement and Gatekeeper Regulation: Strengthening the Rights of Private Parties in the Digital Markets Act

Prospects for protection and protection of the rights of investors in residential real estate: judicial and extrajudicial means

The main concepts of the mechanism of regulation of guarantees of protection of the rights of investors of residential real estate were considered in the article. The current state of legal regulation of investors' rights is analyzed and it is established that the existing legal definitions create a «blurred» legal field, which is the basis for abuse in this area. The existing opinion in the scientific literature on the existence of general and special legislation in the field of regulation of the rights of investors in residential real estate is supported. It is established that the draft Law of Ukraine «On guaranteeing property rights to real estate to be built in the future» belongs to the special legislation and, subject to its adoption, will be the main source that structures the «blurred» and broad legislative field presented in special legislation only by the Laws of Ukraine «On investment activity» and «On state registration of real rights to immovable property and their encumbrances». The analysis of foreign investment and other features of investment is left out of this scientific article, as the aim was to study the existing and future guarantees of residential real estate investors' rights under the draft Law of Ukraine «On guaranteeing real rights to real estate to be constructed in the future». Some novelties of the bill are analyzed, in particular the form of the transaction concerning the future real estate object, its essential conditions and it is established that the bill strengthens guarantees of the rights of investors of residential real estate, that introduces the obligatory form of such contracts - purchase, sale. The novelties of such an agreement, in particular, will be mandatory information on the legal grounds for the acquisition of ownership by the developer of land ownership; guaranteeing the first sale of the future real estate, guaranteeing the absence of third party rights to the future real estate. Taking into account the provisions of general legislation, in particular, the provisions of the Civil Code of Ukraine on contracts, it is established that the contract is concluded only after the parties agree on all material terms, so consolidating these novelties as essential terms of the contract will prevent double sale of future object real estate.

Income Taxes: Objective Values or Subjective Values as They Result from Financial Statements that Contain Subjective Data or Values Determined Subjectively by Financial Reporting Preparers?

Research on more than 1500 Italian companies from 2016 to 2019 shows that the inclusion of tax values in financial reporting without any economic content is a widespread accounting practice. Tax interferences in financial reporting have various motivations and prove consequences both inside and outside the company. In the following pages, we will illustrate the results of the analysis carried out, the motivations leading to the incorrect accounting behaviour of the implementation of tax interferences and the consequences resulting from this widespread practice. It should be noted that tax interference causes problems both inside and outside the company. Such tax contamination of financial reporting affects the rights of third parties outside the company, and creates the conditions for challenges to financial reporting due to invalidity of the document. It also creates a basis for incorrect accounting data that can lead to wrong decisions by management.