Obligate Relationship Research Articles

ИЗМЕНЕНИЕ ГОСУДАРСТВЕННОГО РЕГУЛИРОВАНИЯ РЫНКА ИНТЕРНЕТ-РЕКЛАМЫ

The article is devoted to the study of the features and changes in state regulation of the online advertising market in Russia. In particular, the amendments and additions made to the Federal Law of March 13.03.2006, № 38-FZ “On Advertising” are being updated, providing for a clear identification of online advertising and related obligations that are imposed on market participants. The positive dynamics of changes are emphasized and the transitional stage on the path to the formation of a transparent online advertising market is highlighted. The impact of changes in legislation on online advertising on subjects of the online advertising market and their activities is determined. Their overall positive orientation stands out. Based on the results of the study, conclusions are drawn about the transformations of state regulation of the Internet advertising market and their consequences.

The action of rights in rem on the relations of merchant shipping

The article explores the legal nature and analyzes the relationship of property, obligation and public law relations arising in the field of merchant shipping. The conclusion about the leading role of civil law in the regulation of these relations is substantiated. At the same time, the basis for the construction of both obligations and public marine legal relations are proprietary relations and rights ("rights in rem"), that establish the affiliation of material objects which are used for merchant shipping. Considering the inconsistency of the current real law regulation with existing socio-economic needs, the author analyzes the content of the bills prepared in the process of reforming civil legislation. In author`s opinion, these bills do not fully solve the tasks of establishing in the Civil Code of the Russian Federation a closed list of rights in rem («numerus clausus») and proper regulation of possession. In particular, the unresolved problems of regulating proprietary rights on natural resources, the controversial approach of the legislator and the authors of the reform to determining the legal status of a sea vessel are noted. The author does not agree with the exclusivity of the principle of a single real estate object and justifies the need to preserve the status of a sea vessel as a real thing. The article defends the position of a consistent distinction between real and obligation, absolute and relative, as well as private law and public law relations. However, the author does not agree with the self-removal of civilists from the tasks of coordinating civil and administrative legislation. The right of ownership and other absolute proprietary rights (rights in rem) are regulated exclusively by civil law. Their connection with such public law obligations as obligations to ensure the safety and environmental friendliness of merchant shipping is realized by concretizing in relative public legal relations the general passive legal obligation of the owner not to violate the subjective rights of other persons. This obligation is enshrined in the provisions of the Civil Code of the Russian Federation and is characterized in modern civil science as a general regulatory and protective obligation of a public law nature. The author of the article substantiates that such an obligation may arise not only from the owner, but also in cases where a person owns a material object on other titles (bareboat charter, possession of cargo, etc.). The above justifies the need to formulate the general provisions of rights in rem not only considering the tasks of ensuring civil circulation, but also taking into account the needs of public law regulation of such areas as merchant shipping.

Effects of elevated CO2 on the water hyacinth-biocontrol agent Megamelus scutellaris (Hemiptera: Delphacidae) and its yeast-like symbiotes

Water hyacinth, Pontederia crassipes, is a highly invasive plant native to South America and one of the most invasive aquatic plants in the world. For its control, the planthopper Megamelus scutellaris Berg (Hemiptera: Delphacidae), a phloem feeder also native to South America has been introduced to the USA and South Africa. Considering predicted climate change scenarios, understanding their impacts on biological control agents is crucial. An intriguing yet scarcely explored subject, is the effect of climatic changes on the obligate endosymbionts associated with sap-sucking feeders. Planthoppers establish an obligate relationship with yeast-like symbiotes (YLS), unicellular fungal microorganisms that play an important role in their development, providing missing nutrients in their diet. Considering that increased atmospheric CO2 affects plant chemical composition, this might have a direct impact on their insect host and on their number of YLS. We evaluated the effect of two different CO2 environments: current (cCO2 − 400 ppm) and elevated (eCO2 − 800 ppm) on the abundance of YLS (number of YLS cells/insect) of M. scutellaris, as well as the, age structure, sex, and weight of insects. Heavier females harbored more YLS under eCO2 which underscores the importance of the interaction of CO2 levels and insects’ weight in shaping the abundance of YLS. Additionally, there was a significant increase in the total abundance of insects for instars III to V and adults under eCO2 conditions. However, male number significantly exceeded that of females under both CO2 conditions. Our results suggest a potential positive impact of eCO2 on M. scutellaris populations, which could, in turn, enhance the control of P. crassipes.

Citizen blame attributions for government fiscal crises: Experimental evidence from China

AbstractThis study conducts a randomized survey experiment to examine the impact of budgeting professionalism, environmental shocks, and fiscal transparency on citizen blame attributions during government fiscal crises. Theoretically, we distinguish between two logics of responsibility attribution: causal responsibility stresses the causal link between an actor's actions and specific phenomena; functional responsibility underlines an actor's legal, moral, or social obligations in relation to such phenomena. Our experiment focuses on empirically testing causal responsibility. Moreover, fiscal transparency may shape citizens' perceptions regarding government fiscal performance and subsequently influence blame attributions. The experimental results show that citizens attribute less blame to government leaders when professional experts play a more important role in the budgeting process, when localities experience severe environmental shocks, or when governments exhibit greater fiscal transparency. These findings support inferences based on the logic of causal responsibility and establish a clear relationship between fiscal transparency and citizen perceptions of government performance.

Brokerage Agreement as Contractus Uberrimae Fidei

Obligation relationship results from a particular legal circumstance. In current Polish legislation, the legislator provides neither for a systematized catalogue of sources of obligations, nor for a compiled version thereof. An obligation can result not only from a legal basis, but also from case law or administrative decisions. Under substantive civil law, obligations can be divided into unjust enrichments, unlawful acts and acts in law. In addition, acts in law can take form of unilateral acts or form of agreements which are discussed in this article. Brokerage agreement, which is an innominate contract not specified by the Polish legislator, also constitutes a contractual obligation. This type of agreement is subject of constant evolution in the insurance law doctrine, by becoming a kind of obligation which takes shape and assumes its unique features, distinguishing it from other agreements. The author makes an attempt to define the essential aspects of a contract concluded between subjects seeking insurance protection and professional insurance intermediaries, and to determine whether this agreement requires the standard of the utmost good faith. Having applied dogmatic and empirical legal methods, he considers the legitimacy of demands for treating this obligation as a nominate agreement.

Reform of the Institution of Compulsory Debt Collection from Taxpayers – Individuals

The article discusses the innovations in the procedure for collecting debts (taxes, fees, insurance premiums) from taxpayers – private individuals, which entered into force on January 1, 2023. The authors describe the appropriate algorithm of actions performed by tax authorities, the court in the case of compulsory collection, the procedure for calculating deadlines for the compulsory execution of tax obligations in relation to taxpayers – private individuals. The issues of legal regulation related to the calculation of deadlines, the moment of appeal to the court of the tax authority, the mechanism of debt detection, the determination of the procedure of the judicial procedure for its recovery at the expense of the property of taxpayers – private individuals are considered. Since January 1, 2023, the legislator has introduced a limited procedure for out-of-court compulsory debt collection from taxpayers – private individuals.

The 2003 Intangible Cultural Heritage Convention in Armed Conflict: An integrated reading of obligations towards culture in conflict

Abstract International law today recognizes that cultural heritage includes not only tangible but also intangible cultural heritage, encompassing traditions, customs, practices, and beliefs. While protections for tangible cultural heritage have existed since at least the nineteenth century, only relatively recently has the law gone beyond piecemeal human rights protections and extended direct and specific treaty protections to intangible cultural heritage through the 2003 UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage. The push for this Convention was linked with broader discontent within the Global south at the prioritization of Eurocentric ‘monumentalism’ in international cultural heritage law. Nevertheless, in situations of armed conflict, the emphasis reverts to protection of tangible cultural heritage as international humanitarian law does not go beyond general civilian protections to directly address the protection of intangible cultural heritage in conflict. While the 2003 Convention provides for emergency assistance, its broadly-worded terms do not indicate the shape its other obligations would take in armed conflict or the manner in which they would interact with rules governing the conduct of hostilities. This article examines, first, the degree and extent to which the 2003 Convention’s various obligations in relation to safeguarding intangible cultural heritage circumvent de-prioritization and continue to apply in conflict; and second, the manner in which they can be integrated with rules of international humanitarian law to better protect intangible cultural heritage during active hostilities.

The proportionality between trade secret and privacy protection: How to strike the right balance when designing generative AI tools

Conflict between the right to privacy and data protection and the right to protect trade secrets must be regarded as more or less inevitable. The balancing of different rights is an issue of fundamental importance in data protection and privacy. Navigating the spectrum between the protection of technological development and the protection of fundamental rights is crucial to ensure safer implementation of generative AI tools. The proportionality principle serves as a globally recognised legal instrument to resolve the existing conflicts of fundamental rights. This poses the question of whether there is a need to reevaluate the balance between the disclosure of technical aspects and privacy and data protection rights and related obligations imposed on privacy engineers when developing generative AI tools. The concept of the proportionality principle, which is composed of the test of necessity, suitability and proportionality `sensu stricto`, can address the most vital tensions or interactions between these rights (especially when supported by the application of the appropriate legal framework). Therefore, this paper contributes not only to the discussion of a balanced approach when implementing AI tools, but also presents some general considerations for the global, regional and country-specific legal regulations (including different types of regulations and modes of enforcement when taking into account some technical aspects of the AI tools) within artificial intelligence that can support achieving this aim. To this end, this paper could be of value not only for lawmakers and developers of generative AI systems, but equally for practitioners, including law firms, to navigate the complex ethical and regulatory landscape in a thoughtful and cautious way.

Mortgaging a Residential Construction Investment Project: Comparison of Vietnamese and Chinese Law

Objective: The primary objective of the analytical review was to conduct a comparative analysis of the residential construction investment project mortgaging laws in China and Vietnam. The aim was to examine the existing legal frameworks associated with residential mortgages in the two countries and the analysis of areas of similarity, differences, strengths, flaws and drawbacks. The research further evaluates how the mortgage rules protect borrowers and identifies the existing strengths and weaknesses and the systems, and provide the necessary recommendations. Methodology: The review adopted the form of a summary of the existing state of the current laws and regulations associated with the topic of research by combining reference to primary sources including legislation, existing court cases with reference to secondary sources including handbooks, policy papers and most recent journal articles. Findings: Both China and Vietnam have definitive laws which outlines the registration processes of mortgages for residential project construction projects. In China, the registration of mortgages is outlined by Article 388, 395, 400 and 402, Civil Code and Article 2, Real estate Registration Regulation 2019. In Vietnam, the registration of residential real estate mortgage is governed by Article 317, 318, 320-324 of Civil Code 2015 and MOJ Circular 07/2019/TT-BTP. Existing similarities and differences in the parties’ rights and obligations in relation to mortgaging residential real estate projects. Significant differences in terms of the legal aspects of taxes and fees on mortgaged residential property in China and Vietnam. Conclusions: China and Vietnam have witnessed varying levels of changes of property mortgage regulations attributed to the rising housing and mortgage finance needs. The two countries have recorded a wide range of reforms and changes to the law and regulations that govern the mortgaging a residential construction investment project.

‘I will never forgive him’: blame, precarious kinship, and illness in low‐income urban India

AbstractThis article examines the constitutive role of blame in kinship as a practice in a low‐income neighbourhood in India's capital city, Delhi. Using ethnographic data, I show how women with serious or chronic illness express blame towards kin for their failures in critical moments: for not providing care during illness, not fulfilling kinship obligations, and even for causing or exacerbating illness. As relationships rupture to reveal the underlying precariousness of kinship, women use blaming statements, accusations, and critique to leverage toeholds of power and take matters into their hands against their families’ wishes. Yet even as women forge a degree of agency through blaming practices, I show that these practices can lead, paradoxically, to the repair and reconstitution of kinship. This article builds upon existing scholarship that addresses both the failure of kinship as a system of mutual support and the work of kinship repair in similar marginal contexts in north India characterized by neglect, which render women vulnerable to negative effects. My focus on blaming acts offers a new angle on this intimate terrain, illustrating how women enact the social practice of blame to reshape the dynamics and terms of kinship relations, rather than reconciling themselves to kinship failings.

Seasonal wild dance of dual endosymbionts in the pear psyllid Cacopsylla pyricola (Hemiptera: Psylloidea)

Most sap-feeding insects maintain obligate relationships with endosymbiotic bacteria that provide their hosts with essential nutrients. However, knowledge about the dynamics of endosymbiont titers across seasons in natural host populations is scarce. Here, we used quantitative PCR to investigate the seasonal dynamics of the dual endosymbionts “Candidatus Carsonella ruddii” and “Ca. Psyllophila symbiotica” in a natural population of the pear psyllid Cacopsylla pyricola (Hemiptera: Psylloidea: Psyllidae). Psyllid individuals were collected across an entire year, covering both summer and overwintering generations. Immatures harboured the highest titers of both endosymbionts, while the lowest endosymbiont density was observed in males. The density of Carsonella remained high and relatively stable across the vegetative period of the pear trees, but significantly dropped during the non-vegetative period, overlapping with C. pyricola’s reproductive diapause. In contrast, the titer of Psyllophila was consistently higher than Carsonella’s and exhibited fluctuations throughout the sampling year, which might be related to host age. Despite a tightly integrated metabolic complementarity between Carsonella and Psyllophila, our findings highlight differences in their density dynamics throughout the year, that might be linked to their metabolic roles at different life stages of the host.

Legal mechanism for the sale and purchase of land as a component of the land market in Ukraine

The article is sanctified to generalization of legal mechanism of process of purchase and sale of lot lands in Ukraine.On the basis of analysis of normative grounds of purchase and sale of lot lands in Ukraine certainly, that it has a process two sides (auction or agreement), basic signs that determine maintenance of process of purchase and sale of lot land are set: pattern of ownership, subject, that acquires right, terms of the use of lot land, desire of parties of agreement, presence of arrest or other obligations in relation to lot land.Certainly, that more simple and less expense on time procedure of purchase and sale of lot land looks on a civil agreement. Normative principles of process of purchase and sale of lot land are determined as a result of combination of requirements of the Landed code of Ukraine and Civil code of Ukraine.On the basis of analysis of land and civil legislation the actions of salesman of lot land – legal of peculiar subject are systematized - in case of her sale on a civil agreement as an algorithm of actions. It is marked that lot land can be the article of agreement in relation to a purchase- sale only if she answers the requirements of civil legal relationships (presence of cadastre number and registered right of ownership). Attention is accented on the choice of notary and preparation of necessary documents.The authors establishes the multifactorial nature of the process of selling a land plot (or the right to it) at an auction. The authors identifies the entities participating in land auctions and establishes that the main instrument for implementing land auctions is an electronic trading system owned by the State. Based on the generalization of the provisions of the Land Code, the author formulates the procedural procedure for the sale of a land plot on a competitive basis.A comparative analysis of the processes of selling a land plot under a civil agreement and at an auction is made, which shows that the procedure for selling a land plot at an auction is more complicated and time- consuming than when it is sold under a civil agreement with the participation of a notary.The authors emphasizes the importance of the state significance of the procedure for sale and purchase of land plots and rights thereto.

Developmental genetic underpinnings of a symbiosis-associated organ in the fungus-farming ambrosia beetle Euwallacea validus

Mutualistic interactions between organisms often mediate the innovation of traits essential to maintain the relationship. Yet our understanding of these interactions has been stymied due to various hurdles in studying the genetics of non-model animals. To understand the genetic mechanisms by which such traits develop, we examined the function of genes breathless (btl), trachealess (trh), and doublesex in the development of a novel fungus-carrying organ (mycangium) that facilitates an obligate relationship between fungus-farming ambrosia beetles and specific fungal partners. Gene knockdown by RNA interference and subsequent micro-computed tomography visualization suggest btl and trh are required for initiation of mycangia and that tubulogenesis may have been co-opted for early mycangial development.

The Principle of Loyalty in the Contractual Relationship: Insurance Seeker –Insurance Intermediary – Insurer

Having attempted to define the duty of loyalty of the parties to the tripartite relationship: insurance seeker – insurance intermediary – insurer, the author of the article tries to answer the question whether it can be classified as an obligation of increased trust. He applies the dogmatic as well as empirical legal methodologies in order to implement the previous research hypotheses. The perception of loyalty varies from obligation to obligation. This duty intensifies in relationships based on cooperation and broadly understood intermediation, which is characterised by decision-making freedom of the ordering party before the conclusion of the contract with a contractor specified by the intermediary and independence of the insurance broker’s activities. The formula is based on a significant risk and trust at the same time. Firstly, insurance brokers do not know whether the presented offer will satisfy insurance seekers and, secondly, they cannot be sure if their offer will be finally accepted. Therefore, on the one hand, the duty of loyalty requires the intermediaries to provide extensive information about all the circumstances of the potential transaction, and, on the other hand, the same duty burdens the insurance customers with the obligation to confirm the actual situation caused by the insurance broker, in which the intended goal has been achieved. All in all, the intermediary’s purpose can only be accomplished with the participation of the insurance seeker. The aim of the article is to develop the model for the proper implementation of the tripartite obligation relationship, consisting of the entity seeking insurance cover, insurance intermediary and insurer.

Agency management plans also fail to address threatened species vulnerability to climate change in the US

Despite widespread evidence of climate change as a threat to biodiversity, multiple studies have suggested that government agencies are not adequately addressing this threat to imperiled species. We assessed climate sensitivity for all 197 animal species listed as threatened under the Endangered Species Act (ESA) with ranges overlapping the US and its territories. Sensitivity was determined by eight independent factors: temperature, hydrology, disturbance, isolation, injurious species, chemistry, phenology, and obligate relationships. We also reviewed documents by agencies that implement the ESA to determine whether climate change is identified as a threat to the species and/or included in management planning. We found that 99.5 % of species were sensitive to at least one factor, and the agencies considered climate change as a threat to 91 % of species, but planned management actions to address climate sensitivity for just 40 %. This adds to previous findings from an analysis of endangered animals, revealing that shortcomings persist in US imperiled species climate planning.

The phenomenon of rejection of the rules of decency in modern foreign policy and diplomacy

This article is devoted to the cases of non-traditional methods of diplomacy that have appeared in recent years, uncommon for previous periods of international relations, such as: declassifi cation of confi dential negotiations, publication of foreign policy correspondence, release of restricted information, violation of diplomatic protocol, impoliteness in personal talks between offi cials. The content of the Russian-American communication on issues of strategic stability, maintenance of peace and the indivisibility of security in Euro-Atlantics — which also became property of the global audience — has been studied in detail. This analysis reveals signifi cant diff erences in understanding of the principle of equal security for all: no clear answer has been yet received to the question of how the «collective West» assumes its obligation not to strengthen its own security at the expense of the security of others and how Western governments intend to implement it practically in modern conditions or they withdraw from it. It is impossible to ensure a balance of interests in the world without full clarity on this key issue concerning the relationship of rights and obligations approved at the highest level. The answer would help in better understanding the readiness of the US, NATO and EU to reach agreement as well as the possibility of joint progress towards reducing tension and strengthening security in the OSCE region. Instead, extremely aggressive expressions, rhetoric and actions are used against Russia which are undertaken primarily in the form of the so-called cancel culture, illegal restrictions and unprecedented sanctions. They show that the «golden billion» has decided for itself that an undeclared hybrid war is going on not for life, but for death. It is concluded that Russian diplomacy has seriously complicated its work by counteracting the frankly unfriendly course of suppressing any foreign policy dissent, which the West has accepted and is not going to stop.

Climate Change as Spatial Change: Impetus to Rethink State Obligations and Embrace Supra-Sovereign Knowledge

ABSTRACT Recent escalations in the severity of extreme weather events in Europe and Asia have set the stage for a rethink of international relations as a policy pathway towards dealing with climate change. A rethink of state obligations in international relations requires a refocus towards the social contract undergirding sovereignty and an acceptance that we are into the era of supra-sovereign consequences. Global warming attests to this expansive spatialisation of consequences. This article argues that the State can take two practical steps to cope with climate change: the spatialisation of obligations to citizens to protect them against extreme weather; and the need for officials and citizenry to accept that the sovereign state owes moral obligations to complex chains of culpability across geographical borders that transcend sovereignty itself.

Echoes of ancient introgression punctuate stable genomic lineages in the evolution of figs

Studies investigating the evolution of flowering plants have long focused on isolating mechanisms such as pollinator specificity. Some recent studies have proposed a role for introgressive hybridization between species, recognizing that isolating processes such as pollinator specialization may not be complete barriers to hybridization. Occasional hybridization may therefore lead to distinct yet reproductively connected lineages. We investigate the balance between introgression and reproductive isolation in a diverse clade using a densely sampled phylogenomic study of fig trees (Ficus, Moraceae). Codiversification with specialized pollinating wasps (Agaonidae) is recognized as a major engine of fig diversity, leading to about 850 species. Nevertheless, some studies have focused on the importance of hybridization in Ficus, highlighting the consequences of pollinator sharing. Here, we employ dense taxon sampling (520 species) throughout Moraceae and 1,751 loci to investigate phylogenetic relationships and the prevalence of introgression among species throughout the history of Ficus. We present a well-resolved phylogenomic backbone for Ficus, providing a solid foundation for an updated classification. Our results paint a picture of phylogenetically stable evolution within lineages punctuated by occasional local introgression events likely mediated by local pollinator sharing, illustrated by clear cases of cytoplasmic introgression that have been nearly drowned out of the nuclear genome through subsequent lineage fidelity. The phylogenetic history of figs thus highlights that while hybridization is an important process in plant evolution, the mere ability of species to hybridize locally does not necessarily translate into ongoing introgression between distant lineages, particularly in the presence of obligate plant-pollinator relationships.

The Right to Safe Drinking Water in International Law and in Slovenia’s legal framework and implementation

According to the United Nations Office of the High Commissioner for Human Rights, a total of 2.1 billion people globally lack access to safe, readily available water at home. Given the rapid population growth, demand for water has been consistently on the rise, while its available quantity has been decreasing due to its unsustainable use. Despite widespread international support for the recognition of the right to safe drinking water, which was also demonstrated by the adoption of the UN General Assembly Resolution on the Human Right to Water and Sanitation in 2010, progress achieved at international and national levels reveals significant remaining challenges, including huge inequalities between and within countries in accessing basic water services. In Slovenia, drinking water supply, for which data on water quality are available, is provided to almost 90% of the population, and in 2016, Slovenia amended its Constitution and explicitly included the universal right to drinking water (Article 70a). This article discusses the existence and normative content of the right to safe drinking water, both in international and Slovene legal contexts. Furthermore, it critically accessed the adequacy of legal protection of access to safe drinking water and analysed Slovenia9s obligations in relation to this right. Hence, in addition to looking into the normative content of the right, it also discusses whether the desired effects are already recognizable in practice, particularly focusing on the situation in Slovenia. The article also includes some de lege ferenda proposals, which competent authorities might wish to consider when further developing a normative framework or concrete policy measures.

Relational HR Practices in Malaysian SMEs: An Ethics of Care Perspective

Adopting an Ethics of Care theoretical framework, this paper aims to investigate the way in which the owner-mangers (OMs) of small and medium-sized enterprises in Malaysia engage in human resource management. Based on in-depth interviews with 48 OMs, the findings show that HRM practices occur within the remit of management but are described by the managers in terms of relational obligations and cannot be fully accounted for using a strategic, instrumental, or critical lens. The present study highlights the importance of the caring attitudes of OMs who adopt a humanistic management approach, responding to the varied needs of their employees and the obligations which are inherent to relationships between humans.