Uniform Law Research Articles

Considerations on insurance recourse and the status of the consumer in motor third-party liability insurance – comments on the background of the preliminary inquiry submitted to the Court of Justice of the EU by the rajonen sad in Sofia, Bulgaria, on June 26, 2023 – ZD ‘BUL INS’ AD vs PV (Case C-387/23, BUL INS)

The article is an attempt to provide a doctrinal answer to the first question posed by the national court in the form of a preliminary question to the CJEU in the case ref. C-387/23. At the same time the text contains considerations on the essence of motor insurance, the construction of atypical recourse of the insurer, as well as, to the extent necessary, refers to the qualification of the consumer in civil and insurance law. Attention was also paid to the stature of the uniform law on the insurance contract using the example of PEICL. Reference is also made to the regulations of national law and final conclusions are made.

Reporting sexual harassment within the Australian legal profession

On 1 April 2022, the Law Council of Australia’s amendments to the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 came into effect. These amendments sought to expand the scope of Rule 42, which prevents solicitors from engaging in conduct that constitutes sexual harassment. However, in practice this amendment may have limited effect given the ‘reasonable grounds’ requirement, the lack of deterrence achieved by orders and, most importantly, underutilisation due to underreporting. The article poses ideas to increase reporting.

Нанотехнологии юриспруденции

The article proposes to orient and expand legal doctrinal studies of law–making and law enforcement operations — the “atoms” of legal activity and the creation of structures from them, from which the social and legal-technical adequacy of normative legal acts, legal certainty, uniform law enforcement, and the ordering of public relations should arise. Natural sciences penetrate into smaller and smaller particles of nature — up to billionths of objects (nano). From small sizes, due to changes in the structure of materials, new properties arise — the results of technological progress. Nizhny Novgorod Scientific School “Improvement of legal technology as a pattern of the law-making process in Russia (history, theory, practice)” has been researching the technique of law-making and law enforcement for almost 30 years. One of the main tasks is the translation of scientific results into reproducible actions (technologies), in the training of practicing lawyers in law–making, interpretative, implemented law enforcement operations. The main risks for the country’s development are, “first of all, the lack of qualified personnel and its own advanced technologies — their absence in some areas” [1].

The evolution of EU–US cybersecurity law and policy: on drivers of convergence

ABSTRACT The digitalisation of the economy increases the vulnerability of both economies in the EU and the US, as does its transborder dimension. Cyber policy has evolved over time on both sides of the Atlantic. The EU began initially to emphasise cybercrime regulation but its focus upon cybersecurity now dominates, similar to the US. The internal market has evolved as a rationale for regulation in the EU and to similar effect a market-led approach dominates in the US. While in the EU a comprehensive cybersecurity law has been adopted, the US lacks a uniform federal cybersecurity law. Despite many domestic divergences, there is considerable similarity between the US and the EU. Substantively, these divergences have not inhibited convergence. Geopolitical considerations as to cyber have accelerated an ongoing process, driven by the transborder nature of cyber security and the global leadership of the EU and the US.

Modeling the Tourism Market Behavior Based on Discrete Equilibrium Models “Supply – Price – Demand”

Abstract The work is devoted to the modeling of the behavior of the tourism market in the conditions of a supply random lag, distributed according to normal and uniform distribution laws. The behavior of dependences on the tourist market of supply and demand on the price is considered. The modeling of the behavior of the tourism market was carried out using a market dynamic model in the plane of variables “supply – price – demand” taking into account the interests of different groups of consumers, primarily from the point of view of pricing. The delay between changes in supply and demand volumes is taken into account using a Cobweb model. To test this method, information was collected on family expenses when traveling abroad (outbound tourism, tourist vacations lasting 7-15 days) by surveying the employees of 38 travel organizations as of 2021. Three segments of the tourism market are identified: low ($2000 − 4000), medium ($4000 − 12000), and VIP-segment ($12,000 − 20,000). The analysis of the modeling results showed that the behavior of tourists of different segments can significantly influence the market dynamics. The use of a Cobweb model allowed for determining the level of stability of tourist behavior and assessing the possibility of consumer migration from one segment to another. Sensitivity to price changes and response to new offers from different segments can be different, which is important for determining pricing strategies, marketing, and the development of new tourism products.

Numerical Study of Internal Flow Field in a Disc Stack Centrifuge Based on Mixture-PBM Model

Disc stack centrifuge belongs to one kind of sedimentation centrifuge, widely used in the environmental protection, pharmacy, and chemical industries, etc. The flow process inside the disc stack centrifuge seriously affects the separation efficiency. However, the flow process inside the disc stack centrifuge and its influence on the separation efficiency have not yet been detailed. We plan to study the flow process of oil and water phases inside the disc stack centrifuge and to explore the process of fragmentation and accumulation of water droplets. In this study, the Mixture-PBM (Population Balance Model) model is used to numerically simulate the two-phase flow of oil and water in the disc stack centrifuge and compare it with the tests. The research found that with the increase in rotational speed, the separation efficiency rises in both the test and numerical simulation results, and the difference between the test and simulation results is below 1%. The effect of ribs on the flow is considered, and the results show that the hysteresis of the liquid flow in the disc stack centrifuge is significantly reduced after considering the ribs, and the numerical simulation results can reach 98% of the theoretical results. Fluid entering the separation channel from the neutral pore creates a vortex, and as the dimensionless number λ increases, the degree of deviation of the fluid’s trajectory from the generatrix increases. The circumferential and radial velocities in the separation channel appear large in the center and small near the wall. The water content in the rising channel gradually decreases, and 90% of the water finishes settling in the distributor. The processing volume of the separation channel in each layer shows a small bottom layer, a large top layer, and a uniform law in the middle. The coalescence of water droplets occurs mainly in the separation channel, as found by analyzing the laws of the internal flow of the disc stack centrifuge, which provides the basis for improving the structure of the disc stack centrifuge, increasing the separation efficiency and reducing the floor space.

Abortion, Full Faith and Credit, and the "Judicial Power" Under Article III

Interstate judgments enforcement is governed by the Full Faith and Credit Clause of Article IV of the Constitution, together with its implementing statute, 28 U.S.C. 1738. Although a highly technical area of the law, interstate judgments enforcement has important social repercussions for some very modern problems of great cultural significance. One of the currently significant applications is the interstate enforcement of judgments rendered in civil suits based on state anti-abortion laws. For example, Texas statute S.B. 8 gives anyone who wishes to sue a civil cause of action against persons who facilitate abortions. Even complete strangers to the abortion can decide to become a plaintiff in such an action and can sue for money “damages” despite having suffered no injury. Non-experts seem to have the impression that the Full Faith and Credit Clause presents an ironclad requirement that judgments of sister states must always be enforced. If thatwere the case, states that recognize reproductive freedom would be obliged to enforce judgments entered into in states like Texas, despite their strong public policy against such actions. This Article shows why this impression is mistaken. First, the full faith and credit principle has for centuries been subject to exceptions,several of which are potentially relevant in the reproductive freedom context. Theseinclude lack of subject matter jurisdiction, the public policy exception, and the penallaw exception. In addition, a uniform law adopted in forty-eight states (the UniformEnforcement of Foreign Judgments Act) permits the state enforcing the judgment to applyits own judgments law to an interstate enforcement proceeding. The enforcing state will therefore apply to foreign state judgments any exceptions to judgments enforcement lawthat it has as a general matter for its own domestic judgments. Second, and more importantly, the Clause and statute both contain an important qualification: they apply only to “judicial” actions. This exception prevents a state from requiring sister-state enforcement of decisions that do not meet the usual tests for a judicial “case or controversy” (as defined in Article III of the Constitution). Article III and Article IV both use the word “judicial” to specify the standard necessary for the exercise of federal power. These two neighboring constitutional provisions are supported by a common historical origin (they were drafted at the same time and by some of the same people at the constitutional drafting convention) and fulfill comparable functions. If the two constitutional provisions are treated the same, judgments under statutes like Texas S.B. 8 would not be given mandatory force in other states because such cases would not meet the standing requirement imposed by Article III.

Large language models and community legal centres: Could chatbots help reduce Australia’s justice gap?

This article considers the extent to which chatbots based on large language models could reduce unmet demand for services offered by Australian community legal centres. It argues that while chatbots developed to streamline intake processes and assist lawyers with research and document preparation are unlikely to significantly reduce Australia’s justice gap, client-facing legal information chatbots have the potential to do so. However, realising this potential involves solving numerous problems, including uncertainty about how Australia’s Legal Profession Uniform Law applies to autonomous software systems and the risk that hallucinations of large language models will mislead clients.

The general scientific approaches to the determination of the principles of civil law

The paper discusses general scientific approaches to determining the principles of civil law. The civil law of Ukraine is characterized by a number of factors, among which an important place is occupied by the principles unique to it. Ensuring stability, legality and justice in civil legal relations, the principles of civil law play an important role in the legal system of any legal state. They determine the essence of the relations themselves and their social orientation, without which uniform law enforcement is impossible. At the same time, those studying general scientific approaches to the definition of the principles of civil law should note that legal science has not developed a single name for this legal category (Ukrainian researchers use different terms: "principles of law", "legal principles", "fundamental ideas", " principles", "guidelines", etc.), nor a unified approach in the aspect of its interpretation of the concept. The principles of civil law in their general scientific context should be understood primarily as its guiding ideas, initial provisions. At the same time, in a narrow sense, the principles of civil law are the legally defined principles of civil legal relations (clearly prescribed in Article 3 of the Civil Code of Ukraine: inadmissibility of arbitrary interference in the sphere of a person's personal life; inadmissibility of deprivation of property rights, except in cases established by the Constitution of Ukraine and the law; freedom of contract; freedom of business activity, which is not prohibited by law; justice, good faith and reasonableness"), in general, the principles of civil relations, which are not only contained in legislation, but also developed by judicial practice and doctrine. We are supporters of the second approach. Since, in general, the principles are the main ideas that form a certain branch of law, reflect the needs and values of society, transform, interact with other legal phenomena, revealing a new law enforcement potential. These are the original guiding rules that in a concentrated form determine the essence of law, its content and purpose in society, express the direction of legal regulation and apply to all subjects of law.

Civil liability of a medical organization for personal data leakage

Relevance. When considering claims for leakage of information constituting the patient's personal data and his medical confidentiality, the courts give a different assessment of the grounds for civil liability of medical organizations. The article reveals the established approaches to assessing the guilt of a medical organization that violated the confidentiality of personal information of citizens who applied for medical help.The purpose of the study is to supplement theoretical provisions aimed at deepening scientific knowledge about the civil liability of medical organizations for the unlawful dissemination and (or) use of patient's personal data, including information related to medical confidentiality; development of proposals to eliminate the imbalance of the patient's personal data confidentiality regime and his right to legal assistance.Objectives: analyze civil legislation, legislation on personal data, the positions of the Constitutional and Supreme Courts of the Russian Federation regarding the protection of patient personal data, decisions of courts of general jurisdiction on claims of liability of medical organizations for unlawful actions with personal data that resulted in the leakage of personal information about patients; to study and update the proposals available in theory aimed at uniform law enforcement in cases of this category.Methodology. The study was carried out through methods of induction and deduction, analysis and synthesis, formal-legal, system-analytical and formal-logical methods, as well as a method for generalizing judicial practice. The results are reflected in the formulated proposals aimed at improving the judicial protection of personal data of patients of medical organizations, and the uniformity of judicial practice in terms of the responsibility of medical organizations in cases of this category.Conclusion. In cases of responsibility of medical organizations for the leakage of personal data of patients, uniform law enforcement did not work out. The right of a lawyer to access the personal data of persons who received medical assistance did not receive an unambiguous assessment by judicial practice. To eliminate the existing gaps in the protection of the intangible benefits of the patient under consideration, the need to exclude their personal data from the confidentiality regime for the administration of justice and in the provision of qualified legal assistance under the contract is argued.

Cabotage Law Coordinately Applied Based on ‘One Country, Two Systems’ in Guangdong-Hong Kong-Macao gba

Abstract In order to promote the internal cooperation and coordinated development of Guangdong-Hong Kong-Macao Greater Bay Area (gba), it is necessary to coordinate and unify the distinct legal systems involved, especially to provide uniform transportation laws and regulations between ports. However, if the gba wants to establish a coordinated and unified shipping legal system, there are challenges due to interregional legal differences. These differences are rooted in legal systems of the three regions under the basic national policy of ‘one country, two systems’ and apply differently, leading the difficulties in balancing different interests. To achieve the strategic position and target of the gba, a key area to improve is freight among the ports in the gba which form an international shipping hub. There are many ports with large throughput in the gba, and they are also big ports for cargos import and export or transit. However, the cargoes are without deregulated movement among them. Therefore, the problems of different cabotage laws in the three places need to be solved to make the positive effects of cargoes’ free movement be realized in the gba. A coordinated and unified special shipping scheme can be established in gba by application of the regional cabotage law. This has the potential to deliver consistency in cabotage law, thereby eliminating restrictions and thresholds, simplifying procedures and reducing costs, so as to enhance the overall strength of the gba and help it to become an international shipping super zone.

Divergences based Bayesian inference with censored data

. In this work, we deal with some Bayesian inference problems in the presence of right censored data. First, we propose a dual ϕ−divergence Bayes type estimators for parametric models and we establish their asymptotic normality. To establish this result, we need a uniform strong law of large numbers that we prove as well. Then, we consider the problem of prior distributions construction for model selection using ϕ−divergences. Finally, we consider the problem of the predictive density estimation on the basis of ϕ−divergences. We apply an expansion result of the generalized Bayesian predictive density on two parametric models widely used in survival analysis, namely the Weibull and the inverse Weibull model, under right censoring. We also check the performances of our proposed methods through simulations and real data applications. The results of these studies show that our proposed dual ϕ−divergence Bayes type estimators are more robust than other Bayesian estimators. Moreover, the generalized Bayesian predictive density performs better than the classical estimative density especially for the inverse Weibull model.

Spectral Convergence of the Dirac Operator on Typical Hyperbolic Surfaces of High Genus

AbstractIn this article, we study the Dirac spectrum of typical hyperbolic surfaces of finite area, equipped with a nontrivial spin structure (so that the Dirac spectrum is discrete). For random Weil–Petersson surfaces of large genus g with $$o(\sqrt{g})$$ o ( g ) cusps, we prove convergence of the spectral density to the spectral density of the hyperbolic plane, with quantitative error estimates. This result implies upper bounds on spectral counting functions and multiplicities, as well as a uniform Weyl law, true for typical hyperbolic surfaces equipped with any nontrivial spin structure.

PROSPECTS FOR IMPROVEMENT THE LINGUISTIC FORM OF THE RUSSIAN CRIMINAL LAW TAKEN INTO ACCOUNT OF THE KYRGYZ EXPERIENCE

The article considers the basic theoretical provisions on the importance of the comparative legal method in scienti c researches and in the practice of national criminal law-making. The article proves the admissibility and expediency of using the comparative legal method in the scienti c substantiation of ways to improve the linguistic form of the Russian criminal law. It is speci ed that the possibilities of the comparative legal method in this area are limited, as each national law is written in the original na-tional language, which has features of the lexical composition and grammatical structure, therefore, it is not the national systems of lexical and grammatical means themselves that are important for improving the linguistic form of the Russian criminal law, but rather positive experience with regard to general approaches to their use in the formulation of the content of criminal law prescriptions. Based on the analysis of the Criminal Code of the Kyrgyz Republic, a number of successful legislative decisions are identi ed in terms of giving precision and clarity to the language of criminal law, attention is focused on the pragmatic function of legislative de nitions, revealing the meaning of terms used in criminal law and giving them strictly xed normative content, which contributes to the formation of uniform law enforcement practice; and it is substantiated that the Kyrgyz experience in this area deserves the close attention of the Russian legislator.

Corporate Legal Dogmatics on the Revocation of Share Donation Due to Breach of the Duty of Loyalty

Abstract The article is devoted to the research of the institution of revocation of share donation and, mainly based on the interrelationship of German civil and corporate law, proposes a dogmatics intended for use in the development of a uniform Georgian judicial law on the issue. Failure to use corporate legal specifi cs and legal dogmatics in the cancellation of the share donation agreement, which is the direction taken in the latest Georgian judicial practice, may lead to outcomes detrimental to corporate governance and business development. The management of any entrepreneurial entity and, especially, capital-type corporation essentially depends on how the partner will enjoy the rights derived from his share and what influence he will be able to have on making corporate decisions. Of course, it is the general legal duty of the company partner, under both private and corporate law, to exercise the rights arising from the membership in good faith, for the benefi t of the common public interest, to reject any individual mercantile intentions and ensure the company’s management process with a high standard of duty of loyalty. In violation of this standard, the partner may be held individually liable in case of damage to the enterprise, which is considered a kind of neutralizing deterrent against the violation of the duty of corporate loyalty. Establishing such a uniform judicial practice of cancelling the share donation agreement, without considering the specifics of corporate law, threatens to severely constrain the realization and implementation of the rights arising from the share itself, which is not allowed in corporate law.

The Conditions and Manner of Executing the Contract with The Substitute Goods Are in The International Sales Convention and Subject Rights

Considering the expansion of international relations and the need for uniform laws in the international arena in recent decades, many efforts have been made to create transnational laws. The Convention on the International Sale of Goods has been developed to harmonise the laws regarding the rights of contracts so that by joining this convention, the countries will end the problems caused by the multiplicity of laws and create a uniform procedure. In a domestic or international sales contract, the seller must deliver the goods to the buyer by the terms of the contract. If the seller violates the contract and provides a defective or non-conforming product, the performance guarantee is stipulated in the Convention on the International Sale of Goods. In this research, we examine the guarantee of the right to request a replacement product. In paragraph 2 of Article 46 of the Convention, the buyer has the right to request a replacement product in case of a fundamental violation. If there is no fundamental violation of the goods and the possibility of remedying the defects of the goods, the buyer can request the removal of the defects of the goods. The institution of submission of substitute goods does not exist in Iranian law in the sense that is mentioned in the convention. Considering the non-accession of Iran, it will be useful to review the submission of substitute goods in Iran's law.

REGULATION OF CROSS-BORDER DATA FLOW AND ITS PRIVACY IN THE DIGITAL ERA

We are living in a world where information systems are becoming a new weapon to control the future. When the data flows across national borders, it becomes an invaluable resource for economic and informational development in any nation. Today, cross-border data flows are an important component of international trade because companies are frequently transfer customer’s and employee’s data across different countries. This paper will examine the importance of the free flow of cross-border data and its privacy concerns. It also examines the failure of the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023, to provide protection from cross-border data transfer; specifically, the Digital Personal Data Protection Act, 2023, is silent on the criteria of listing countries for data transfer and the processing of personal data of those data principals who are living outside India. Some countries have implemented laws pertaining to “data localization” as a means to restrict the movement of data outside their respective borders, but it affects international trade and development. So, it raises a question: What kind of and how much data do nations have to restrict for cross-border data transfer internationally? This paper analyse the General Data Protection Regulation of the European Union, the Cross-Border Privacy Rules of the Asia-Pacific Economic Cooperation of the United States, and the Privacy Shield Framework between the EU and the US. In the end this paper concludes with suggestions for the privacy of cross-border data and the need of uniform law for its worldwide applicability.

Strong uniform laws of large numbers for bootstrap means and other randomly weighted sums

This article establishes novel strong uniform laws of large numbers for randomly weighted sums such as bootstrap means. By leveraging recent advances, these results extend previous work in their general applicability to a wide range of weighting procedures and in their flexibility with respect to the effective bootstrap sample size. In addition to the standard multinomial bootstrap and the m-out-of-n bootstrap, our results apply to a large class of randomly weighted sums involving negatively orthant dependent (NOD) weights, including the Bayesian bootstrap, jackknife, resampling without replacement, simple random sampling with over-replacement, independent weights, and multivariate Gaussian weighting schemes. Weights are permitted to be non-identically distributed and possibly even negative. Our proof technique is based on extending a proof of the i.i.d. strong uniform law of large numbers to employ strong laws for randomly weighted sums; in particular, we exploit a recent Marcinkiewicz–Zygmund strong law for NOD weighted sums.

Oops! The Unfortunate (but Basic) Error in the New UCC Article 12

The Uniform Law Commission and American Law Institute have recognized the need for commercial law to govern digital transactions and responded with the proposed addition of a new article to the Uniform Commercial Code (the “Code” or “UCC”), Article 12. Article 12 will govern the transfer of property rights in a particular category of digital assets (controllable electronic records), which would include commonly known digital assets, such as bitcoin and non-fungible tokens (“NFTs”). Although the addition of Article 12 should provide more certainty in transactions involving current and emerging technologies, there is a fundamental problem with the article as it is currently drafted, which, left unresolved, will instead invite legal uncertainty and litigation. The problem is the drafters’ choice to cast the “qualifying purchaser” in the role of the dramatis personae of Article 12. Article 12’s “qualifying purchaser” benefits from a generous rule that allows them to take controllable electronic records free from competing claims. The drafters include a person who obtains a controllable electronic record from a thief or hacker as someone who could be a “qualifying purchaser.” However, in order to be a “purchaser” under the current definition in the UCC, a person must take through a transaction that creates an interest in property. Thieves and hackers obtain no property interest when they steal a controllable electronic record, so a person who takes a controllable electronic record from a hacker could not be participating in a transaction that creates an interest in property. Thus, they could not be a “qualifying purchaser,” as the drafters claim. Most of the uncertainty of the result could have been avoided had the drafters chosen a term other than “purchaser” to describe the beneficiary of Article 12’s liberal take-free rule and defined it in a manner that would effectuate the drafters’ statutory aim. However, despite making the drafters aware of this glaring issue, they have failed to remedy the mistake. This is unfortunate and will likely lead to legal uncertainty and, thus, needless litigation after the article’s enactment. Why rely on courts to tweak sections of the Code if ambiguities are recognized and can be eliminated by careful drafting? If inartful statutory drafting is a source of uncertainty that can easily be reduced without offsetting social costs, efforts should be made to do so.

The Concept of International Sales in Uniform Law Instruments

The Concept of International Sales in Uniform Law Instruments