Prior Rights Research Articles

The opinion of the medical community on the legal issues of surrogate maternity

Introduction. Surrogacy is a method of infertility treatment involving the conclusion of an agreement between potential parents, a surrogate mother and a medical institution. Until now, lawyers have not been able to develop a unified approach to forming the regulatory framework for surrogacy. Whether healthcare providers have developed a standard view of this problem is not clear. The purpose is to summarise the medical community representatives’ views on the surrogacy program’s managing issues and their participants’ rights and obligations. Material and methods. The Internet survey was conducted among medical workers of various specialisations from different regions of Russia and among future specialists (students of medical universities and interns). 7504 questionnaire was analysed. The questions concerned the indications for surrogate motherhood, the sources of its funding, the citizenship of the participants in surrogacy and their contractual obligations, the rights of the surrogate mother and the ordering parents. Results. medical specialists assign a pivotal role to the surrogacy program’s legal aspects, despite being implemented using high-tech medical technologies. They give priority rights to a newborn child to the ordering parents. During pregnancy and childbirth, decisions regarding lifestyle, hospitalisation, and delivery methods should be made only in conjunction with specialists from the medical institution that signed the contract. As the level of professional responsibility of medical specialists grows, the share of answers about the inadmissibility of state funding of surrogacy, the implementation of surrogacy programs for foreign citizens and single men and women as genetic donors increases, and the share of answers about the admissibility of altruistic surrogacy decrease. Conclusion. Having decided on the legal issues of managing medical care in surrogacy programs, representatives of the medical community do not consider this type of high-tech medical care a common way to solve the problem of infertility, considering it as an exclusive method of medical care for married couples with infertility of women.

Opinion of health professionals about legal issues of surrogacy

Abstract The study summarizes opinions of 7504 representatives of the medical community on organizational issues of surrogacy programs, rights, and responsibilities of their participants. Although Russian lawyers are yet to consolidate in developing the surrogacy legal framework, health professionals think that legal aspects are crucial. Almost all health professionals believe that surrogate mothers and contracting parents should be offered a lawyer before making a decision on surrogacy to explain the rights, obligations and responsibilities (92.6%). The majority consider that surrogacy can be used by couples in which a woman cannot give birth for medical reasons (81.0%) and that the surrogate mother should have the right to psychological support after the childbirth and weaning (87.8%). One-fifth of the respondents have no definite opinion on the remaining issues. The majority of the respondents believe that surrogacy should not be funded by the state and genetic parents have to pay for surrogacy; Russia should allow altruistic surrogacy (assistance to friends or relatives); and priority rights for a newborn are held by contracting parents-customers: the contracting parents have the right to request prenatal diagnostics during pregnancy and abortion in case of the detected pathology. Health professionals are hesitant to determine whether the surrogate mother can renegotiate the contract and choose an abortion. Unlike lawyers, health professionals consider it possible for single men to use surrogacy. According to the respondents, during pregnancy and childhood, decisions regarding lifestyle, hospitalization and methods of delivery should be made only in conjunction with specialists from the medical organization that signed the contract. Significant variations by region in the response structure suggest that socio-economic differences, diversities in culture and traditions in these issues have a greater impact on the opinion about surrogacy rather than professional experience. Key messages Unlike lawyers, health professionals consider it possible for single men to use surrogacy technology. The majority of the respondents consider that surrogacy can be used by couples in which a woman cannot give birth to a child for medical reasons.

Priority care with the statute of the person with a disability and the principle of priority in real estate registration

The present study aims to analyze the apparent conflict between the priority care of the status of the person with disabilities and the principle of priority of the registration of real estate, that is, if this legal guarantee, gives the person with disabilities priority when noting rights in Notatories. With regard to the methodology used, it is noteworthy that, regarding the purposes of this study, this study is classified as descriptive and explanatory and, as for the means, it is classified as bibliographic, using materials such as books, articles, magazines and reports on the subject. The research is also characterized as a qualitative approach. It was intended to demonstrate that the person with disabilities has the right guaranteed under Law 13.143/2015 to be served quickly, effectively and individually, including in Real Estate Records Registry, but does not enjoy privileges in view of the registral priority in view of the principle of registration priority. From decisions taken by the registered courts of São Paulo, as a result, it is found that the specific provision of Law No. 6,015/1973 prevails in relation to the right of priority care of certain publics, Law 13,143/2015, since it is a material right of priority, and it is understood that granting priority care outside the requirements of art. 186 of Law No. 6,015/1973, is understood to grant priority care outside the requirements of Art. 186 of Law No. 6,015/1973, would represent undeniable affront to legal dictates, which would compromise the service of the right to equality, a premise also of the Statute of persons with disabilities.

FREEDOM, LAW, LEGAL ACTIVITY OF PERSONALITY

ANNOTATION: Introduction. The article emphasizes that in a mature democracy, members of civil society are given the opportunity to maximize the value potential of freedom and rights. The ratio of the values of freedom and law, allows a free individual to achieve the realization of priority rights and freedoms, to strengthen its legal status, to ensure a dignified existence. The analysis of features of a parity of freedom, values of the right and legal actions of the free person is given. It is concluded that the restriction of individual freedom and the isolation of the values of law from the state of freedom is inadmissible. Conclusions. In a mature democracy, the development of the foundations of civil society and the rule of law, the relationship between freedom and the values of law becomes an important channel for the individual to strengthen its status. Legal laws, the value content of other normative legal acts, should be aimed at the development of a free individual who will be able to strengthen their own legal activity, to achieve on this basis the priority goals of life through lawful behavioral actions. The existence of freedom is a prerequisite for the manifestation of the true values of law, a factor influencing the desire of members of civil society to maximize the potential of law in order to acquire their dignified existence. Freedom and law within a civilized, democratic social system have a valuable influence on each other. Outside of freedom, the law loses many of its qualities, the format for expressing freedom and serving the priority vital interests of members of society decreases. Freedom outside the values of law loses its practical purpose, becomes a value abstraction, because the individual is deprived of the opportunity to enjoy natural and inalienable rights and freedoms. Only a truly free individual, who finds a real opportunity to use valuable legal opportunities, on the basis of his high level of legal awareness and with the help of proper legal activity, can master all the leading spheres of social and legal reality.

Musyawarah dan Mufakat Sebagai Solusi Pemanfaatan Tanah Fasilitas Umum Masyarakat

Utilization of land for public facilities is the ideals of the constitution as stated that "to be used for the greatest prosperity of the people" and "land to function socially" based on Law No. 5/1960 concerning Basic Agrarian Regulations. The use of land for the public facilities does not give priority rights to a party or individual. Collective use within the community must be addressed wisely and proportionally in its use. A public road that is regarded as a public facility, no one can claim to be entitled to a road because it borders or is close to the land or occupancy.
 With the closed access to the use and benefitting of roads as the public facilities, it is difficult to determine the violation of the law committed. There is a Provincial Regulation which regulates the prohibition of parking on the roads, but this prohibition is not well-regulated in other regions with its legal products. Disregarding in the community to the road users as public facilities, can become a social problem and must be resolved with a consensus reflecting the Pancasila as the life point of view. Deliberation and consensus is a solution to solving problems by involving Village Traditional Institutions or similar names based on regionalism. Deliberation and consensus as a solution to the use of land for public facilities, can produce decisions in village deliberations. The Village Customary Institution as a partner to the Village Government can propose the joint use of community public facilities to be regulated in a Village Regulation.
 Normative legal research is the method used in this study. There is no violation of legal rules in the unwise use of public facilities, making this community problem must be resolved by the community itself by prioritizing the value of the Pancasila and after that it can be elaborated in the simplest rules in the Village Regulation.

Legal Framework of Agricultural Land/Holding Succession and Acquisition in Slovenia

Agricultural land legislation in Slovenia contains extensive special provisions that directly regulate the legal transfer of agricultural land and holdings inter vivos and mortis causa, including inheritance. Additionally, some measures within the common agricultural policy (such as financial support for the takeover of farms by young farmers) and tax policies (exemptions) provide incentives or alleviations for certain legal transactions involving the transfer of agricultural land and holdings. Among special provisions on the transfer of agricultural land and holdings, those relating to a statutory preemption right and a statutory priority right to lease agricultural land have the longest continuity (from the late 1950s). The holders of these priority rights must meet certain requirements and range in several priority classes. At first, agricultural organisations as legal persons had better priority rights than farmers. In 1990, the priority order was reversed by placing individual farmers before legal persons, individual agricultural entrepreneurs, and the National Agricultural Land and Forest Fund (NALFF). In 1973, the agricultural land legislation prohibited the division of certain middle-sized family farms (protected farms) through inheritance (mortis causa) and later (1986), also inter vivos, (with certain exceptions). The Agricultural Land Act and the Forests Act also restrict the division of certain agricultural or forest land plots. The draft acts of 2019 and 2020 prepared by the Ministry of Agriculture foresee important changes of the agricultural land policy, including the priority order between the statutory preemption rights and the removal of a general restriction on the division of protected farms inter vivos.

On resolving singularities of plane curves via a theorem attributed to Alfred Clebsch

This paper discusses a theorem in birational geometry that J.L. Coolidge attributed to Alfred Clebsch. The background is reconstructed from letters Felix Klein exchanged with Max Noether in 1894, when Noether was completing work on a lengthy report with Alexander Brill on the history of algebraic functions. Noether was deeply troubled to learn that Klein had informed him back in 1869 about relevant results that Clebsch and Leopold Kronecker had discussed in Berlin. These exchanges with Klein led to revisions in the Brill-Noether report, made in part to ensure Noether's own priority rights and larger intellectual legacy.

PENDAFTARAN JAMINAN FIDUSIA SEBAGAI PEMENUHAN ASAS PUBLISITAS

Before the birth of the Fiduciary Guarantee Law (UUJF), the issue of fiduciary security registration was not an obligation, but with the birth of the UUJF, registration of fiduciary guarantees was a very crucial stage and had an impact on many aspects of the following law. Such explanation is also recognized in the General Elucidation of UUJF that one of the reasons fiduciary guarantees does not provide legal certainty, especially to fiduciary recipients, one of which is because the fiduciary guarantee is not registered. The fulfillment of the principle of publicity in fiduciary security is carried out by registering fiduciary security at the Fiduciary Registration Office. Regarding the request, the registration office will record the guarantee in the Fiduciary Register Book and will issue a Fiduciary Guarantee Certificate which has the order for Justice Based on Almighty God. The normalization of fiduciary security registration in UUJF is a legal norm that is compelling (dwingend recht). This can be seen through two aspects, namely the use of the word mandatory in UUJF as a command norm, and from the aspect of the legal principle of objects which are closed, so that the norm cannot be deviated. With regard to fiduciary security that is not registered, the creditor as the recipient of fiduciary does not receive the rights and benefits specified in the UUJF, including material rights, priority rights, executive rights, and application of criminal provisions.

Implementation of the environmental legal mechanism of nature protection for regulating recreational activities in a particular territory

Recreational activities are associated with significant loads on all territorial components and are regulated by relevant environmental legislation that often causes conflicts of interest. The Lake Baikal area due to its uniqueness has own (additional to the generally accepted) system of environmental legislation that greatly exacerbates conflicts of interests: it helps to preserve nature but making the conduct of any economic activity almost impossible. For the legal regulation of public relations regarding nature preserving and recreational activities, the environmental legal mechanism is applied. The results of applying this mechanism on Lake Baikal area is considered through the combination of the residents’ interests in a healthy environment and ensuring their material needs. Using the tool of legal environmental zoning, the framework of Lake Baikal protection has been visualized, which helps to “see” intersections of all regulations on the area and determines the priority right of land-use. The comparison of legal environmental zoning categories with maps of current land-use lets to determine contradictions in real and permitted land-use, which allows finding the best option for using different parts of the Lake Baikal area. In the end, the calculation of recreational load standards for tourism activities in the central ecological zone of the Baikal natural territory was carried out.

The Code of Capital (Book Review)

Global financial inequality was increasing before COVID-19 unleashed market and economic chaos. The pandemic has widened the wealth gap, exposing financial disparity in even the world’s most prosperous countries. While the COVID-19 crisis has expanded the fortunes of some, millions around the world face the unrelenting reality of poverty. While it’s difficult to deny the influence of ideology on the growing wealth divide, in some countries (particularly the United States) there might be another critical factor to consider – the law. In The Code of Capital – How The Law Creates Wealth and Inequality, Professor Katharina Pistor persuasively contents that “who has access to and control over the legal code” has power over the “levers” of societal wealth creation and distribution. Perhaps the book’s most contextually important contribution is the way it shows how the legal code has been used to continually “mint” debt-based instruments that are convertible into cash, universally traded, durably protected, and bestowing of priority rights on their holders. The net result is a “deeply hierarchical” but highly volatile and complex financial system. Post 2008 reforms have not eliminated the problems of unstable, contractually-driven, financial product innovation, perpetual credit generation, and the propagation of “too big to fail” financial institutions.

Subsidiarity Principle: In Search of a Balance between Centralization and Decentralization (State Legal Aspect)

The paper formulates the definition of the principle of subsidiarity, and indicates that this principle can be used as a tool to find and maintain an optimal balanced ratio between the volumes of centralization and decentralization in the regulation and implementation of domestic relations, as well as relations between supranational associations and their member-states. At the same time, it is emphasized that the organizational and functional-target variables of the principle of subsidiarity are oriented towards strengthening the decentralization of the public administration system (public authority) by fixing the presumption of priority right (along with guarantees) of lower units to exercise powers in specific subjects of competence. In addition, when applying the principle of subsidiarity, the strengthening of decentralization is due to the need to ensure the implementation of the resources of participatory democracy, as well as the focus on pluralization of the entire public administration system. The distinction between territorial and extraterritorial forms of decentralization is substantiated, the similarities and differences between the principle of subsidiarity and devolution, deconcentration and delegation of powers are revealed. The correlation relationship between the principle of subsidiarity and the characteristics of the state-territorial structure is analyzed. The author formulates the thesis that the subsidiarity principle can be implemented in any multi-level system of organization of public power, functioning on the basis of a synthesis of the principles of solidarity, adaptability, pluralism, autonomy, democracy. It is concluded that in its synthetic unity the achievement of efficiency, the establishment of pluralism and participatory democracy acts as a paradigm of the principle of subsidiarity.

The relative economic merits of alternative water right systems

How natural resources are measured and bounded within a property right system can influence their development and productivity. This is especially true for surface water given its fluid, fungible, and stochastic nature. Two quantifications have emerged: The prior appropriation doctrine provides absolute quantities to water allocated based on first use while proportional water rights distribute a set percentage of total water to owners. While theoretical differences have been identified, empirical tests are scarce due to the endogenous choice of water rights. I identify and utilize a natural experiment where acequias (Hispanic-rooted irrigation ditches) developed in Territorial New Mexico are later divided by the formation of Colorado, exogenously compelling that subset to be subject to the priority system while those in New Mexico continue to practice proportional division. Drawing on a broad compilation of archival, administrative, satellite, hydrological, and survey data, I find priority rights curtail investment for later irrigators, but that the marginal product of water is generally lower under that right system. This research advances our understanding of how distinct property right systems affect resource development and use. The results can guide stakeholders devising or reforming rights to a resource, particularly ones with stochastic flows.

Investigation and Identification of Human Factors Related to Traffic Accidents leading to injury or Death in Yazd City

Introduction: Traffic accidents are a major problem in the field of transportation in Iran. To address this problem, detailed studies are needed especially over the impact of human risk factors. Therefore, the present study was conducted with the aim of identifying and recognizing the human characteristics associated with the occurrence of traffic accidents resulting in injury or death in the city of Yazd. Method: In this cross-sectional (descriptive-analytical) study, Yazd traffic accident data were collected using simple sampling method. The data were collected on the basis of COM form 114 by traffic experts present at the accident scenes. After data collection, the data were entered into SPSS software version 20 and analyzed using descriptive statistics, Chi-square, and Mann-Whitney tests. Results: A total of 2082 cases were studied in traffic accidents (pedestrians=8.8%, passengers=15.4%, and drivers=75.8%). The average age of injured and deceased persons in traffic accidents were 35.08±13.89 and 45.37±17.12 years, respectively. The most common human factors involved in traffic accidents were rush and acceleration (96.8%). Moreover, nonconformity of priority right was 98.9%. A statistically significant relationship was found between human factors and traffic accidents leading to death or injury (p-value=0.04). Conclusion: According to the findings, controlling human risk factors can reduce the risk of death and injuries in traffic accidents. Officials, policymakers, and planners can also plan on the most influential factor by carefully analyzing human errors in the event of a traffic accident.

Efficient priority rules under default: the case of traditio versus contract principle

We investigate the economic consequences of the traditio and the contract principle—differing in how they determine the priority rights for an item sold but not delivered. Our results suggest that the two principles are equivalent in terms of the net utilities enjoyed by involved actors. For example, a lower price paid for a forward transaction under a traditio principle can be compensated by better credit terms, implying there is no competitive advantage for either the seller or buyer under any principle. We demonstrate how market prices, incorrectly used, may misleadingly favour a contract principle, and discuss how fraudulent behaviour better supports a traditio regime. We also contribute to the legal discussion on priority regimes of undelivered items basing our discussion on bankruptcy priority laws instead of distribution of ownership.

New Elements in the Hague Space Resources Governance Working Group's Building Blocks

The making of international space law has stalled for four decades. As the exploitation and use of space resources is likely to begin in the near future, an international legal framework is needed to regulate these activities. On 12 November 2019, the Hague Space Resources Governance Working Group adopted the Building Blocks (the BB), which laid the groundwork for international discussions on the potential development of an international framework on space resources activities. The BB highlights several developments intended to create an environment that will facilitate these activities. This article examines the BB's new elements, with an emphasis on commercial incentives, priority rights, resource rights, safety zones, promoting participation by all countries, sharing of monetary and nonmonetary benefits, sustainable development, and ecocentrism. The article finds that the BB is progressive in terms of providing for legal certainty and predictability, coordination among states, benefits sharing, and protection and preservation of the space environment. The study also argues that the BB is a starting point for the future international legal framework, although other mechanisms are also needed to safeguard the interests of developing states.

Examination of shareholders status who are unable to exercise their right of priority in capital increase in terms of equity and capital accounts

Amac- Ruchan hakki sermaye sirketlerinde ozellikle anonim sirketlerde onemli bir sorundur. Calismada anonim sirketlerde bedelli sermaye artirimina gidilmesi halinde azinlik paylarinin ruchan hakkini kullanamamalari durumunda oz kaynak kalemlerinde muhtemel mali kayiplarin ortaya cikarilmasi amaclamaktadir. Metodoloji- Calisma nitel arastirma yontemi, ornek olay (case study) desenine gore yapilmistir. Calisma grubunun olusturulmasinda orneklem metodu kullanilmistir. Arastirmada veri toplama araci olarak ve gecerlikle guvenirliginin saglanmasi amaciyla veri cesitlemesi yonuyle dokuman incelemesine basvurulmustur. Bu kapsamda makale ve internet kaynaklari taranarak veriler toplanmistir. Veri seti kapsaminda Kamu Aydinlatma Platformu’nun resmi web sitesinden ulkemizde faaliyet gostermekte olan X A.Ş.’ye ait elde edilen Bilanco, Gelir Tablosu ve Kar Dagitim Tablosu verileri kullanilmis ve bu veriler test edilerek kiyaslama yolu ile finansal tablolardan sonuca gidilmeye calisilmistir. Bulgular- Sermaye sirketlerinde bedelli sermaye artiriminda azinlik paylarinin ruchan hakkini kullanamamalari durumunda oz kaynak kalemlerinde muhtemel mali kayiplarinin oldugu anlasilmistir. Bu durum X A.Ş’ye ait Bilanco, Gelir Tablosu ve Kar Dagitim Tablosu verilerinin analiz ve degerlendirmeye tabi tutulmasi sonucunda da ortaya cikmistir. Sonuc- Calismada elde edilen bulgular, X A.Ş’nin 31.12.2015 ile 31.12.2016 yillarina ait bagimsiz denetimden gecen bilancosu ile ayni yillara ait gelir tablosu verilerinden faydalanilarak elde edilmistir. Islemler sonucunda azinlik durumundaki ortaklarin hisselerinde azalma oldugu ortaya cikmistir. Gecmis yil karlari ile tasfiyeye gidilmesi halinde kar paylarinda ve mali haklarda azalma oldugu tespit edilmistir. Dolayisiyla bedelli hisse artiriminda, eski ortaklarin sirket uzerinde olan haklari piyasa sartlarinda tespitinin yapilmasi, boylece azinlik durumunda olsalar bile hicbir ortagin hak kaybina ugramayacak sekilde duzenlemelerin yapilmasi ve duzenlemelerin sadece oy coklugu mantigina dayandirilmamasi gerektigi kanaatine varilmistir.

Agricultural Water Allocation under Cyclical Scarcity: The Role of Priority Water Rights

Water is becoming an increasingly scarce resource worldwide, suggesting that water rationing methods should be revised to improve water allocation efficiency, especially during cyclical scarcity events (droughts). The proportional rule is the most widely used rationing method to allocate water in cases of water scarcity. However, this method fails to achieve Pareto-efficient allocation arrangements. Economic theory and international experience demonstrate that implementing security-differentiated water rights could improve allocative efficiency during cyclical scarcity periods. Moreover, it has been proven that this kind of priority rights regime is an efficient instrument to share risks related to water supply reliability, and can thus be considered as an adaptation measure to climate change. This evidence has enabled the development of an operational proposal for the implementation of security-differentiated water rights in the irrigation sector in Spain, as an alternative to the current rights based on the proportional rule. This proposal draws on the Australian case study, which is the most successful experience worldwide. Nevertheless, the insights obtained from the analysis performed and the proposal for reforming the water rights regime are applicable to any country with a mature water economy.

Adoption of the Building Blocks for the Development of an International Framework on Space Resource Activities

On 12 November 2019, The Hague International Space Resources Governance Working Group adopted the Building Blocks for the Development of an International Framework on Space Resource Activities by consensus. The Working Group was established in 2016 with the purpose to assess the need for a governance framework for space resource activities and lay the groundwork for such framework. The Building Blocks reflect four years of discussions among the members and observers of the Working Group, representing industry, space agencies, international organizations, governments, academia and civil society. The first draft of the Building Blocks was presented in 2017 in order to solicit feedback from the international community. This draft was also published this Journal (Developments of the Hague Space Resources Governance Working Group, 42(6) Air & Space L. 625–634 (2017)). The comments received, as well as input from the Technical and the Socio- Economic Panels of the Working Group, were taken into account for subsequent revisions of the Building Blocks. The final version of the Building Blocks presented here below will be complemented by a Commentary, to be published in the Spring of 2020. Space resources, space mining, adaptive governance, priority rights, sharing of benefits

Creative Transformation of Etiquette——A Case Study of Honorers in Etiquette Teaching

Under the tide of reviving traditional culture, Chinese “ritual” culture education, which is the core of traditional culture, is in full swing. The state proposes that traditional culture needs creative transformation. However, how to transform the traditional ritual culture and the contents are not pointed out in detail. In contemporary etiquette teaching, both traditional etiquette and modern etiquette, enjoy many priority rights. From five aspects, this paper analyzes that the “venerable person” needs to be reconstructed urgently, and draws the conclusion that under the background of globalization and the Internet age, both sides of interpersonal communication should stand on an equal footing and regard life as the object of respect.

Global flows of knowledge: expectations toward transnational regulatory aspects of intellectual property rights in the 20th century chemical industry

ABSTRACTLegal and global historical research, especially about the German Empire, has identified an increasing tendency to internationalize the rule making of economic and technical contexts. Also the international protection of intellectual property rights made progress, so it seemed. The Paris Convention of 1883 did not harmonize the different national patent regimes, but intended to facilitate the transnational flow of inventions by a coordinated system of application and novelty. The aim of our paper is to show this limited approach of the Paris convention during the decades to come from two angles: The discussion and growing pressure from the part of the German Industry toward joining the convention, and – after 1903 – the concrete dealing with the convention’s regulation, highlighted with a case study of the 1930s. It shows in detail the dealings between E. Merck, Darmstadt, and its US counterparts, when it came to secure priority rights in several European countries. The case studies show that an efficient transnational use of inventions could not really be achieved by the Paris convention, but rather by a self-regulative contract and patent management of the actors.