846 resultados para law
Resumo:
In 1997 the United Nations adopted the UNCITRAL Model Law on Cross-Border Insolvency and recommended that member states adopt it as part of domestic legislation. In 2002 Australia, an active participant in UNCITRAL's Working Group on Insolvency Law, announced that the next phase of the Commonwealth Government's Corporate Law Economic Reform Program would be a review of cross-border insolvency law. CLERP 8 seeks feedback on the proposed enactment of the Model Law by a separate Commonwealth statute. This article places such a development within the context of Australian cross-border insolvency law as it has evolved from early English bankruptcy legislation through case law arising from the banking collapses of the late 19th century to the more recent jurisprudence produced by corporate collapses of the late 1980s to early 1990s and current high-profile insolvencies.
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The Commonwealth Government's Principles Based Review of the Law of Negligence recently recommended reforms aimed at limiting liability and damages arising from personal injury and death, in response to the growing perception that the current system of compensating personal injury had become financially unsustainable. Recent increases in medical liability and damages have eroded the confidence of doctors and their professional bodies, with fears of unprecedented desertion from and reduced recruitment into high risk areas, and one of the primary foci of the review concerned medical negligence. The article analyses proposals to redefine the principles necessary for the finding of negligence, against the terms of reference of the review. The article assumes that for the foreseeable future, Australia will persist with tort-based compensation for personal injury rather than developing a no-fault scheme. If the suggested changes to the fundamental principles of negligence are unlikely to reduce medical liability, greater attention might be given to the processes which come into play after the finding of negligence, where reform is more likely to benefit both plaintiffs and defendants.
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This paper uses three films adapted from the novels of John Grisham, The Firm, The Rainmaker and A Time To Kill, as well as associated television series like Ed to map a vernacular theory of what I have termed the 'postmaterial' lawyer. Grisham's work has been the focus of much critique by legal scholars who suggests he hates lawyers, is critical of the concept of law, and provides 'outlandishly' happy endings. I will challenge these critiques and, in tracing the history of legal thrillers and trial movies, suggest that Grisham and the related texts' explorations of how a just practitioner can operate in an unjust system constitute a powerful interrogation of what law can be.
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The article attempt to demonstrate the evolution of international law in connected to the subject of the forced immigrants'. The author supported by several texts, cases and resolutions of the regional level, through interamerican court and European court, and the global level, through the international court. It's shown the evolution that occurred in international law in millennium turn over, which recognize the immigrants' rights. However, it's stressed the necessity of the development of those laws connected to the theme e the recognition, from the States; the importance of law's that effort to ensure the respect to human rights relative to the immigrants and their families.
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Abstract: in Portugal, and in much of the legal systems of Europe, legal persons are likely to be criminally responsibilities also for cybercrimes. Like for example the following crimes: false information; damage on other programs or computer data; computer-software sabotage; illegitimate access; unlawful interception and illegitimate reproduction of protected program. However, in Portugal, have many exceptions. Exceptions to the question of criminal liability of legal persons. Some legal persons can not be blamed for cybercrime. The legislature did not leave! These legal persons are v.g. the following (public entities): legal persons under public law, which include the public business entities; entities utilities, regardless of ownership; or other legal persons exercising public powers. In other words, and again as an example, a Portuguese public university or a private concessionaire of a public service in Portugal, can not commit (in Portugal) any one of cybercrime pointed. Fair? Unfair. All laws should provide that all legal persons can commit cybercrimes. PS: resumo do artigo em ingls.
Resumo:
Abstract: 1 Do we need a new international convention that helps to avoid trafficking in organs? Some criminal (and civil) law aspects - Convention on Human Rights and Biomedicine updated or outdated?. 2 Some important connections: on the one hand, between the 1997 Council of Europe Convention on Human Rights and Biomedicine; the 2002 Additional Protocol to the Convention on Human Rights and Biomedicine concerning Transplantation of Organs and Tissues of Human Origin; and, on the other hand, the problem of trafficking in organs, tissues and cells and trafficking in human beings for the purpose of the removal organs. Some connections. 3 The international undisputed principle. 4 Trafficking in organs, tissues and cells; and trafficking in human beings for the purpose of the removal organs. Criminal Law and Civil Law. 5 Promote organ donation. 6 The necessity to collect reliable data on both trafficking cases. 7 The necessity for an internationally agreed definition of trafficking in OTC: Convention on Human Rights and Biomedicine updated or outdated? 8 The (inter)national and (il)legal organ (tissue and cell) trade: some cases and some conclusions. 9 Do we need a new international convention to prevent trafficking in organs, tissues and cells (OTC)? 10 Of course we need a new international convention to prevent trafficking in organs, tissues and cells (OTC). 11 At the present moment, we do not need a new international convention to prevent trafficking in human beings for the purpose of the removal organs. 12 The Portuguese case. 13 Final conclusions. Resumo: 1 Precisamos de uma "nova" conveno internacional que ajude a evitar o trfico de rgos? Alguns aspectos de lei criminal (e civil) - Conveno sobre Direitos Humanos e Biomedicina - Actualizada ou desactualizada?. 2 Algumas conexes importantes: por um lado, entre a Conveno do Conselho da Europa de 1997 sobre Direitos Humanos e Biomedicina; o Protocolo Adicional de 2002 Conveno sobre os Direitos do Homem e da Biomedicina relativo ao transplante de rgos e tecidos de origem humana, e, por outro lado, o problema do trfico de rgos, tecidos e clulas e trfico de seres humanos para fins de remoo dos rgos. 3 O indiscutvel princpio internacional. 4 O Trfico de rgos, tecidos e clulas; e o trfico de seres humanos para fins de remoo dos rgos. Direito Penal e Direito Civil. 5 Promover a doao de rgos. 6 A necessidade de colectar dados fidedignos sobre os dois casos de trfico. 7 A necessidade de uma definio internacionalmente acordada de trfico de OTC: Conveno sobre Direitos Humanos e Biomedicina - actualizada ou desactualizada? 8 A (inter)nacional e (il)legal comercializao de rgos (de tecidos e de clulas): alguns casos e algumas concluses. 9 Ser que precisamos de uma nova conveno internacional para prevenir o trfico de rgos, tecidos e clulas (OTC)? 10 claro que precisamos de uma nova conveno internacional para prevenir o trfico de rgos, tecidos e clulas (OTC). 11 No presente momento, no precisamos de uma nova conveno internacional para impedir o trfico de seres humanos para fins de remoo dos rgos. 12 O caso Portugus. 13 As concluses finais.
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Abstract: If we think there is a significant number of legal offshore in the globalized world, then there is not even a global consensus about what corruption is. The illegal corruption in a country may be legal in another. Moreover, the great global corruption is above the law or above democratic States. And not all democratic States are Rule of Law. Therefore, the solution is global earlier in time and space law, democratic, free and true law. While the human being does not reach a consensus of what corruption really is, the discussion will not go further than a caricature. One of the other problems about corruption is that it is very difficult to establish the imputation of crimes, including corruption (v.g. Portugal) on some companies, corporations. We have a juridical problem in the composition of the art. 11. of the Portuguese Penal Code.
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Performance measurement of police services is complicated by ambiguous and complex goal- and objectives-setting, and by the difficulties of measuring outputs. This article looks at the organizational and management changes being made in Portuguese police forces. The authors fill a gap in the literature on performance measurement in Portugal by taking a national approach to the study of how law enforcement agencies are introducing new management accounting changes. The article therefore widens the debate on performance measurement and performance improvements in law enforcement.
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1 Summary of the decision taken by the Portuguese Constitutional Court, of January 13, 2011; 2 Complete text of the decision of the Portuguese Constitutional Court, of January 13, 2011, Judge Maria Joo ANTUNES (Reporter), Judge Carlos Pamplona de OLIVEIRA, Judge Jos Borges SOEIRO, Judge Gil GALVO, Judge Rui Manuel Moura RAMOS (President) in terms of the tribunalconstitucional.pt, August 1, 2011; 3 Brief annotation to the problem of the medical act; 3.1 Plus some conclusions on the brief annotation to the problem of the medical act; 3.2 Brief annotation to the problem of consent continuation of the previous comments; 4 Conclusions. It must never be forgotten that consent does not stand as the only cause of exclusion of unlawfulness.
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The paper assesses blood alcohol concentration and risk behaviors for traffic accidents before and after the implementation of a law which prohibits the use of alcoholic beverages on city gas stations. In Porto Alegre, Southern Brazil, young people go out at night and drive to gas station convenience stores to buy alcoholic beverages which are consumed on the premises of parking lots in gas stations. Data were obtained from self-administered questionnaires and breath analyzers in two cross-sectional collections with purposive samples of youngsters in May and July 2006 (n=62, and n=50, respectively). There were no significant differences between the groups before and after the city law was passed. Blood alcohol concentration greater than 0.06% was found in 35.5% of pre-law group and 40% of post-law group (p=0.62). Results point out heavy alcohol use in both groups, which did not change after the law was passed.
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This study is a reflection on the Portuguese Framework Law on Social Economy, highlighting, from a critical point-of-view, its contribution to the explicit institutional and legal recognition of the social economy sector. It does so by defining the concept of social economy and listing the entities engaged in this sector, by defining its guiding principles and the mechanisms for its promotion and encouragement, and also by describing the creation of a tax and competition regime which will take into account its specificities. The setting up of this foundations of the social economy was based on the constitutional principle of protection of the social and cooperative sector, which substantiates the adoption of differentiating solutions in view of the positive discrimination of this sector.
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Economical development has always been connected to the commercial exchanges between people, due to the necessity to suppress their needs. With the increasing growth of international business and more competitive and demanding markets, exportation has become an important first step to internationalisation. Unlike what happened in the past, companies must be aware that the enrolment in the current global market is risky and requires elaborated technical procedures. Internationalisation should not be treated as an isolated event of business management. The first part of this paper aims to understand the export process and fit it in the current stage of international trade, keeping in mind the framework of export under the customs law. Then, we tried to understand how Portuguese companies should face this process in their internationalisation strategy, and what skills organisations must acquire to be able to export competitively in the current scenario of globalisation. The investigation was based on interviews in companies that, through a process of internationalisation by exportation, have implemented themselves strongly in extern markets. This investigation allowed us to analyse the companies motivations to become international, as well as the selection criteria for the export destinations. It was also possible to identify the main obstacles to the internationalisation of Portuguese companies. We concluded that companies that choose exportation as a way to become international acquire specific skills that enable them to become competitive in international trade. However, studies have failed to answer the second initial question about whether the measures implemented by Customs potentiate exports.
