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This article is devoted to consideration and proposals regarding the main ways of improving the conclusion of transactions in civil law. The deed in civil law is considered as the main element of annulment, change, or termination of civil legal relations between their participants. The article draws attention to the peculiarities of the conclusion of deeds, and also considers the difficulties that arise in judicial practice in distinguishing the concept of “deeds” from related concepts. At the same time, this article analyzes some aspects of judicial practice arising from the problem of understanding and defining unilateral transactions, where it is noted that they include: issuance and cancellation of a power of attorney; acceptance or preservation of the done thing; notification by one co-owner to other co-owners about the sale of their share in joint ownership; property sale proposal; a public promise of a reward for finding a lost thing; drawing up, changing and revoking a will; acceptance of inheritance and rejection of it, etc. Also, this article takes into account the fact that when considering disputes about the invalidity of transactions, courts need to distinguish between invalid and unconcluded transactions, that is, those that do not have the necessary conditions for their conclusion established by law (for example, there is no agreement on all the essential conditions provided for by law. In the conclusions, the main ways of improving the conclusion of transactions are proposed, which include the following: economic - the conclusion of transactions is carried out in order to ensure and improve the state of the general economy of the country; political - the conclusion of transactions in civil law between participants in civil legal relations ensures the general well-being of the state and the well-being of society in general; social – the conclusion of transactions between participants in civil legal relations is determined by the social policy of the state, where the legal status of a person and a citizen plays a significant role; legal - the conclusion of transactions in civil law is determined by legal aspects, where transactions are concluded between participants in civil legal relations in accordance with the current provisions of normative legal acts; cultural - it is planned to carry out cultural and educational work, which will involve the implementation of certain measures that will have a positive effect on the improvement of the procedure for concluding transactions between participants in civil legal relations in accordance with the requirements of current legislation. [ABSTRACT FROM AUTHOR]

This essay analyzes orality and literacy in seventeenth-century Maine. As most of Maine's English colonists were not fully literate, legal instruments such as land deeds existed simultaneously as oral, material, and textual representations of the authority of the law, integrally supported by the use of ritual. [ABSTRACT FROM AUTHOR]

The article focuses on Minnesota's new contract for deed law effective August 1, 2024, which introduces significant changes to enhance transparency and protect purchasers. It addresses requirements for investor sellers, including disclosures on balloon payments and acquisition costs, as well as procedures for contract cancellations and remedies for purchasers.

Construction in 2018 brought to light a previously unknown Black graveyard that operated from 1826 to 1882 on the outskirts of densely populated Philadelphia. To assure dignified burials, founders of the African Friends to Harmony Burial Ground created a "beneficial," a form widely used by contemporary African Americans. Burials ended in 1882 as urban development encroached on the graveyard. Within a few decades, it had been erased from property deeds and public memory. In 2019–20, the two churches deemed descendant communities by the property owner, the University of Pennsylvania, chose to relocate the remains. This article points to instances where Black cemeteries have been retained in place or emerged as crucial instances of public engagement. Exploring the aspirations and struggles of those who established and tended African Friends to Harmony ground, the article reveals the richness of its history but the missed opportunity to commemorate the region's complex past. [ABSTRACT FROM AUTHOR]

Copyright of Notaire is the property of Universitas Airlangga and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Cyber notary is proposed as a concept that can help notaries in their work more efficiently. However, problems will arise if the concept of cyber notary is linked to the UUJN which is the basis for notaries. This is what underlies this research. This research aims to evaluate the relevance of UUJN in the digital era and the Cyber notary concept. In its implementation, it will be carried out using a juridical analysis method with an approach to applicable legal regulations as a tool to conclude. It was found in the research that cyber notary cannot yet be implemented in the legal system in Indonesia because the laws governing the reading of deed contents online via video conference and digital signing are still unclear. For this reason, as a solution considering the urgency, evaluation and revision are needed to enable clear implementation of cyber notaries in Indonesia. For this reason, evaluation is needed so that notaries can serve the public more efficiently, considering the urgency of implementing cyber notary in the digital era. [ABSTRACT FROM AUTHOR]

The 1882 photography book by British photographer Colonel Henry Stuart Wortley, Tahiti: A Series of Photographs, features an image of a family of service workers. Wortley, who only briefly passed through the island, refers to the couple in the photograph as his 'servants'. This article traces the margins of the journey of Wortley, as well as that of Lady Annie Brassey, an ultra-wealthy traveller and photography enthusiast who visited Tahiti in 1876 and who contributed the letterpress to Wortley's book. By analysing the text and images of the book and looking at the historical context of Tahiti at that time, and the place European military personnel, travellers, entrepreneurs, royals and local workers had in the island's economy and society, this article argues for the incentives and implications of trivializing and invisiblizing Tahitian labour. Looking at our engagement with a photograph as a transtemporal performance, beginning in the photograph's commission, through the moment of encounter and until its printing and viewing years later, this article considers as a beginning of an entanglement the encounter between Wortley and the Tahitian family. I discuss how, by travelling in 2022 to Tahiti and revisiting Wortley's photographs in different locations around the island, I aimed to influence those entanglements. [ABSTRACT FROM AUTHOR]

The validity of a covenant must meet 4 conditions, namely an agreement that binds him, the ability to make an agreement, about a certain matter, and a lawful cause. One example is in the Supreme Court Decision Number 655 K / Pdt / 2014 and Review Decision Number 636 PK / Pdt / 2016, there are differences in decisions regarding the Deed of Sale and Purchase and the Deed of Granting Rights of Dependents on the basis of a mock agreement. This study aims to analyze the validity of the sale and purchase deed and the deed of granting dependent rights as well as the legal consequences for the auction winner based on a mock agreement. The research method used is normative juridical, with a statutory approach, a conceptual approach, and a case approach. The data used in this study are secondary data obtained from literature studies. The results of the research obtained are the Validity of the Deed of Sale and Purchase of land rights based on receivables in the Supreme Court Decision Case Number 655 K / Pdt / 2014 states that the Sale and Purchase Deed made by PPAT is invalid and null and void. This is because in making the Deed of Sale and Purchase by PPAT based on the temple agreement made by a Notary, it does not meet the material requirements of an authentic deed, namely the non-fulfillment of the elements of a halal cause as stipulated in Articles 1335 and 1337 of the Civil Code, thus it also cancels the crossing out of the name in the land certificate from the Plaintiff to the Defendant carried out by BPN. In the decision of Review Decision Number 636 PK / PDT / 2016 stated that the Deed of Sale and Purchase and Deed of Granting Rights of Dependents were valid and there was no pretend agreement. The winner of the auction based on the Minister of Finance Regulation No. 93/2010 on auction implementation guidelines is the buyer who submits the highest bid and is certified as the winner of the auction by the Auction Officer. Article 41 paragraph (1) of Government Regulation No. 24/1997 on land registration explains thatthe transfer ofland rights through transfer of rights by auction can only be registered if proven by quotation of auction minutes made by auction officials. [ABSTRACT FROM AUTHOR]

Once the Discovery took place, the continuous displacements from one side of the Ocean to the other began; women participated in these movements, either directly or indirectly, feeling the consequences in their lives. For many of them, this movement brought positive outcome, but there were also those who were not fortunate, and the migratory phenomenon made their circumstances more difficult, such were the cases of María Martínez and Juana de Dios. Through a documentary corpus from the National Historical Archive, we will delve into the life experiences of these women who, at the beginning of the 19th century, were left helpless because of their husbands' deeds in the American continent, to demonstrate the effects that these events had on their history. [ABSTRACT FROM AUTHOR]

The article titled "Manumissions of Enslaved Persons Recorded in Registers of Deeds in Montserrat National Trust Archives" explores the historical records of manumissions, or the freeing of enslaved individuals, in Montserrat. The author discusses the significance of the Registers of Deeds, which served as the official record of legal documents related to property, including enslaved people. The article highlights the rarity of manumissions in Montserrat and notes the presence of copies of manumissions executed in Dominica. The dataset, which covers the period from 1722 to 1834, provides valuable insights into this aspect of Montserrat's history. [Extracted from the article]

The article discusses the Virginia Untold project, which provides digital access to historical records documenting the lives of enslaved and free Black individuals in Virginia from the 17th century to emancipation and beyond. The project focuses on bills of sale and deeds, which were written agreements that transferred the ownership of enslaved people as property. These records were often recorded in local courts and provide valuable insights into the experiences of enslaved individuals and the consequences of slavery. The dataset includes records from various Virginia localities and is continuously updated. [Extracted from the article]

The outcome of business activities in the field of services or trade can be identified as a trademark or service mark. The term "trademark" refers to a symbol that can be in the form of a picture, name, numbers, color arrangement, or a combination of these elements, possessing the ability to distinguish and be used in the trade of goods or services. Trademarks are intangible entities that can be transferred, including through agreements transferring ownership rights to the trademark. In the context of a trademark transfer, a notary plays a role in drafting the transfer deed. The purpose of this research is to comprehend and analyze the notary's role in the preparation of trademark transfer deeds and evaluate the notary's responsibility in providing legal protection to the parties involved, considering the intangible nature of trademarks. Legal data collection techniques involve primary and secondary legal materials. The research method employed is a normative juridical approach with legislative and conceptual perspectives. Based on the research findings, it is revealed that the principle of caution is one of the key principles that must be followed or adhered to by a notary in the execution of their duties. [ABSTRACT FROM AUTHOR]

This study examines how notaries validate a Limited Liability Company (PT) using paper forms and the Electronic Legal Entity Administration System (SISMINBAKUM). The principal concerns are the need for modifications in the role of notaries following the application of SISMINBAKUM, as well as obstacles and efforts to overcome them. The study attempts to determine the notary's participation in the ratification procedure of creating a PT, contrast the manual method with SISMINBAKUM, and pinpoint the difficulties and solutions the notary faced in carrying out its duties. The empirical legal approach and qualitative study technique utilized in this research emphasize the ethical standards and code of conduct that regulate the notary profession. The results demonstrate the essential role of notaries in ensuring the validity of legal papers and compliance with laws. Even though SISMINBAKUM is a novel system, notaries continue to play a vital role despite challenges related to notaries' technical accessibility and understanding. This study provides important insights into how notaries adjust to changes in the law and technological breakthroughs. [ABSTRACT FROM AUTHOR]

This study discusses the authority and responsibility of notaries in making marriage agreement deeds. The purpose of this study is to describe and analyse the authority and responsibility of notaries in making marriage agreement deeds and the urgency of marriage agreements. This research method uses normative law because it is based on a statute approach and a conceptual approach. The result of this study is that the notary's authority in making the marriage agreement deed he made is limited to the content of the agreement that has fulfilled the conditions for the validity of the agreement under Article 1320 of the Civil Code, so he cannot be prosecuted in court; conversely, if the marriage agreement certificate does not meet the requirements of the validity of the agreement, then the deed made by a notary can be cancelled by the judge. The notary's responsibility in the marriage agreement is to ensure that no third party is harmed by the making of a marriage agreement after the marriage. [ABSTRACT FROM AUTHOR]

The notary has permission to legalize private deeds requested by the party. However, private deeds often contain elements of unlawful acts. This research aims to describe the responsibilities of notaries towards their profession as public officials who make authentic deeds, and to describe the responsibilities of notaries regarding private agreements that contain elements of unlawful acts that have been legalized. The method used in this article is normative juridical, namely the study of secondary data using a statutory approach and a conceptual approach that has analytical descriptive research specifications. The results of the research in this article are: firstly, the responsibility of a notary towards his profession as an official who makes authentic deeds is only limited to the formal form of authentic deeds, not to the contents of the deed, every action carried out by a notary can be held accountable if there is a violation committed and this action can cause losses. for the parties. Second, the notary's responsibility for private agreements that contain elements of unlawful acts that have been legalized, namely that the notary does not dispute the contents of the private deed even though it contains an unlawful act clause. [ABSTRACT FROM AUTHOR]

The purpose of this study was to find out about Notary’s responsibility and its legal consequences towards authentic deeds that has been canceled by the court upon the parties’s request. The method that used in this study is study of literature. The data collection tool implemented in this study was a mechanism for collecting legal materials by searching for literature and other information using online searches via the internet and offline through books and journals to complete this research. The research of this study shows that Notary’s responsibility that has ben cancelled by the court is based on Law Number 2 of 2014 concerning amendments to Law Number 30 of 2014 concerning Notary Position towards material evidentiary inside the authentic deeds that has been made by the Notary and its legal consequences on the authentic deeds if the authentic deeds does not meet the requirements regarding the form, is canceled in court against the cancellation of the deed issued by a Notary, which results in a deed being null and void by law. [ABSTRACT FROM AUTHOR]

This article examines the governance of China's entertainment industries using the concept of "indentured celebrities"—famous people who are obliged to serve as ambassadors for Chinese government advertising and public diplomacy. The article introduces the idea of indentured celebrities in relation to Western sociological understandings of major celebrities as "national power elites," "powerless elites," and cosmopolitan "Big Citizens" who use their mediatized star power to exert unelected, "stateless" political influence. It then examines the expansion since the mid-2000s of regulatory controls over China's entertainment industries. Finally, it explores the "Fan Bingbing tax evasion case," revealing how online public censure, and the associated potential for government action, can coalesce to discipline celebrity behaviors. We conclude that regulatory frameworks and, to a lesser degree, "supervision by public opinion," indenture major celebrities to aid the ruling Chinese Communist Party, while undermining any scope to exert nongovernmental political influence as per Western celebrities. [ABSTRACT FROM AUTHOR]

The problem of heirs property is tragic and endemic, especially in minority and low-income communities where family homes and farms are lost because of fractionation through intestate inheritance and failure by heirs to timely probate the land and clear title. But reformers have worked diligently to address the problem by passing the Uniform Real Property Transfer on Death Deed Act, which provides a much-needed mechanism for landowners to avoid probate through execution of a beneficiary deed for real estate. Reformers have also passed the Uniform Partition of Heirs Property Act, which tries to limit the harms from forced partition actions when co-owners cannot agree on management or when a successor purchases one heir’s share in valuable land and then forces a sale, usually at below-market terms. But between these two remedies is a great chasm for all the properties that are already in heirs property status and for which probate procedures and property rules disadvantage the heirs, penalizing them for managing the property. Property tax rules, the law on adverse possession against co-tenants, marketable title acts and statutes of limitations, and a variety of other substantive and procedural reforms could be enacted to help those heirs currently grappling with heirs property issues. This Article identifies numerous barriers heirs face to resolving heirs property title issues and draws from recent reforms in similar areas to build a case for a new uniform probate act. The Article then provides a sample uniform probate act that would ameliorate the centuries of harm done to vulnerable homeowners by intestacy laws and probate procedures. [ABSTRACT FROM AUTHOR]

From 1672 to 1693, a vast quest to compile archives was carried out in the Kingdom of France. The aim was to gather titles and deeds to be used to justify the union of all the ancient leprosaria to the royal Order of Saint Lazarus of Jerusalem. This explained the creation of an unprecedented collection of records, now preserved in the National Archives of Paris. The original documents had been withdrawn, copied or even falsified, in order to impose a modified interpretation of the history of welfare before the reign of the Sun King. The archivist and the historian thus have the difficult task of avoiding the falsification of history, made so easy nowadays with global online access to such documents that must not be taken for granted. The present study of how this record collection has been artificially created may therefore help the public to take a take a closer look at these images inherited from the past rather than taking them at face value. [ABSTRACT FROM AUTHOR]

This article presents an expansive history of a seemingly discrete event: the decision to extend an indentured labor system created in the Caribbean and Indian Ocean to the British colony of Natal, in South Africa, in 1860. Most work on indenture in Natal takes 1860 as a starting point and treats the migration of Indian workers under indenture in relative isolation. By contrast, this article focuses on the period preceding the first Indian arrivals and examines the colony's turn to indenture alongside three seemingly separate migrations. In so doing, the article shows how antislavery politics, an early system of indirect rule, conflict between settlers and imperial administrators, and important shifts in race-thinking all contributed to the extension of indenture to Natal. In the process, the article illuminates the entangled, decentered nature of imperial rule by integrating lines of analysis normally kept separate, as a disciplinary matter, as "African colonial" and as "imperial" history. [ABSTRACT FROM AUTHOR]

This paper explores the narratives and counter-narratives of indenture experience in Fiji in the works of Totaram Sanadhya, John Wear Burton, Kenneth Gillion, Brij Lal and Satish Rai. The recruitment of Indian indentured labourers in Fiji began in 1879, much later than in other colonies. Yet the experiences of the labourers in Fiji were not markedly different. The indenture system, or girmit, was considered better than the slave trade, while others regarded it as only a change in name, with regulations to safeguard the colonial interest. The above authors have shown that, from the onset, the recruitment process, the passage from India to Fiji, life on the plantations and the coolie lines, and life after indenture were a duality: either emancipation or victimisation of Indian labourers. This paper highlights the dual nature of the indenture experience in Fiji. [ABSTRACT FROM AUTHOR]

Author's Synopsis: This Article provides a synopsis of the law of finds and admiralty law and considers these concepts as they relate to a unique set of facts, and subsequent issues, that state and federal courts addressed after landowners made significant archeological discoveries in Montana. The issue these courts addressed is whether dinosaur fossils constitute minerals under a mineral deed that severs the property from which the fossils were excavated into a surface estate and a mineral estate. The Supreme Court of Montana answered this question of first impression by adopting a new test to determine what classifies as a mineral, which was a deviation from the test Montana courts had relied on in past cases involving such a determination. This Article addresses criticisms of both tests and argues that the test adopted by the Supreme Court of Montana should be the prevailing precedent in future cases that require a determination of what constitutes a mineral. [ABSTRACT FROM AUTHOR]

This article examines the postcolonial Indian state's 20-year-long discretionary passports policy until 1967, often in collaboration with the British government in its efforts to limit growing numbers of Indian immigrants. While a vast scholarship has shown the racialized limits to mobility perpetuated by the passport and visa system against 'coloured immigrants', this article considers the Indian state's own restrictions over the emigration of a particular category of its 'undesirable' citizens. This passport regime was based on Indian diplomatic notions of the 'international' realm as one shaped by the journeys of migrants and imbued with discourses of indenture qua caste. The Indian state sought to prevent the mobility of 'lower' caste and class migrants who were deemed to be legatees of the dreaded 'coolie' and therefore unworthy of travelling abroad as representatives of India. Such a reading of the postcolonial Indian passport as a document of caste and class privilege goes beyond the existing literature which largely focuses on its use in the context of partition. In so doing, this article posits the histories and afterlives of indenture as a constitutive element in the making of Indian diplomacy, demonstrating that a focus on indenture facilitates a much-needed recovery of the narratives and euphemisms of caste in Indian diplomacy. [ABSTRACT FROM AUTHOR]

The article focuses on the Supreme Court's ruling that a transfer of property interest through intestate succession breaches a consent-to-transfer clause in a contract for deed, clarifying that such a transfer, whether voluntary or involuntary, requires consent under the contract. It highlights the court's determination that the term "transfer" includes both voluntary actions and transfers by operation of law, which in this case involved the son's interest passing to his child upon his death.

Certificates of title are a feature of the Torrens system of land registration which originated in Australia and which operates in Uganda. The system confers primary responsibility to register title, and guarantee its security, upon the state. A certificate of title is indefeasible and conclusive evidence of ownership, except in cases of fraud by the registered proprietor. This article uses a doctrinal legal research approach to analyse the legal framework on certificates of title, citing court decisions to give an interpretive lens to the law. It finds that the almost century-old system remains immature and its actualization is hampered by the socio-political context of Uganda. Certificates of title are a feature of a capitalist order and produce unfavourable outcomes, including fraud through double titling, illegal entries in the register and spurious caveats. Government needs to address the socio-political and administrative challenges inhibiting the evolution and practical application of the Torrens system in Uganda. [ABSTRACT FROM AUTHOR]

The article focuses on property, preemption, and Indigenous Nations in North America and sale and division of their lands, settling disputes, adopting other Indians into their own body, and the transaction of business with the British government. It mentions deeds and their signatories in the tangle of property rights that formed when Indigenous and settler land tenure systems. It also mentions exclusive ability of the sovereign to acquire Indigenous land through treaties.

Contract substitution—in which workers sign one contract but end up working under another—is a common form of fraud faced by Indian low‐wage migrant workers working in the Gulf Cooperation Council states. This paper presents a study of workers' experiences of contract substitution alongside the eMigrate system, which is a digital registration system introduced by the Indian government in 2015. While a stated aim of eMigrate is to protect workers from contract fraud, these practices persist. We explore the colonial genealogies of eMigrate to show that not only has it adapted repertoires of worker protection inherited from the British Empire's indenture system, but that eMigrate risks facilitating conditions of unfreedom under the mantle of worker protection, much as the British imperial state did during indenture. We contend that recognising how legacies of indentured labour regulation persist through eMigrate has implications for contemporary campaigns for migrant justice. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Post-indenture has largely been neglected in historical examinations of Chinese indentured labour in colonial contexts. We know little about what happened to workers after their contracts expired. Through the life of one Chinese man, Chi, and his small farming community in late nineteenth- and early twentieth-century Illawarra, New South Wales, Australia, I consider this issue. Drawing chiefly on church and other records usually used for research into local and family history, sources in which Chi's voice is often audible, this paper highlights a continuity between indenture and post-indenture. Indeed, Chi's 'freedom' after indenture was qualified. This indicates, I argue, that further attention to post-indenture could enable us to better understand indenture itself, as a system that may have endured well beyond the expiration of the labour contract. Concentrating on the individual and small community, I also contend, holds value in this respect, as a way of further exploring the continuity between the two states, and as a means of incrementally forming a fuller picture of post-indenture in its own right. [ABSTRACT FROM AUTHOR]

The question as to why the forensic photographic document does not receive the same treatment as other archival photographic documents provokes the discussions that will be presented in this article. Our intention is to analyze the basic characteristics of the forensic photographic document in order to understand it in its administrative contexts of production and probation, which implies understanding its diplomatic properties, taking into account its intrinsic and extrinsic characteristics, as well as its processing. Furthermore, by analyzing the possibilities of understanding this photographic document as a documentary species, we propose to discuss the possibilities of understanding the forensic photographic document as an archival type. [ABSTRACT FROM AUTHOR]

When governments embark on public projects, sometimes mistakes happen. A government might mistakenly construct part of a road or some other publicly owned facility on land that is owned by a private person without condemning that land. When this kind of mistake happens and a landowner does not object for a long period of time and a dispute later arises, the governmental entity will sometimes assert that the doctrine of adverse possession vests title in the disputed land in favor of the government or that the doctrine of common law prescription establishes an easement in favor of the government. U.S. courts almost universally recognize that these well-established common law doctrines can benefit governmental entities. Some commentators, however, have criticized the majority view of U.S. courts and called for a ban of adverse possession or prescription by the state or have recommended that a government entity should pay just compensation when it acquires property interests using these doctrines. In this Article, we reject most of these critiques because they underestimate the importance of adverse possession and prescription by governmental entities to the functioning of the legal system and overestimate the danger of abuse. Analyzing not only U.S. law, but also five European jurisdictions, we argue that adverse possession and prescription by the state serves to put an end to conflicts over land, corrects defective titles, encourages private owners to be vigilant about their property rights, and respects the bonds than can develop between members of the public with land that has long been occupied or used by the public. We argue that a prohibition against adverse possession or prescription by the state or the imposition of a compensation requirement would stand in the way of achieving these goals. Meanwhile, the published case law gives no indication of widely spread abuse. Building on the insights of some critics of government adverse possession, however, we do offer some modest recommendations for change in the law. In particular, we explain that private landowners faced with an unauthorized government intrusion often lack a powerful suite of remedies—especially when it comes to an action in ejectment—to combat an unauthorized government intrusion before the statutory periods for adverse possession or prescription have run. We thus propose several recommendations to achieve remedial equivalency and bring U.S. law in line with the private law of the European jurisdictions we consider. [ABSTRACT FROM AUTHOR]

I provide evidence that covenants in bond indentures affect firms' investment policies outside of covenant violations. After controlling for the self‐selectivity of covenant inclusion, I find that firms decrease (increase) capital expenditure after issuing bonds with investment (financing) restrictions. Firms that are more financially constrained or overinvesting are the most affected by investment restrictions, whereas only underinvesting firms see a positive effect from financing restrictions. My results provide empirical evidence that bond covenants help mitigate agency problems related to investment distortions, and especially that covenants restricting financing activities can alleviate the underinvestment problem. [ABSTRACT FROM AUTHOR]

Against the background of the interpenetration of the forms of legal liability for the same illicit deed, whether it is criminal, administrative, contraventional or disciplinary liability, in conjunction with the case law of the European courts attributing criminal character to some accusations beyond the legal qualification of the deed in the domestic law, a double criminal liability may be reached, thus posing the problem of the cumulation of these liabilities in terms of respecting the right not to be punished twice (ne bis in idem). Although no matter can be an exception, the issue arises mainly in areas where there are various forms of liability in the domestic law and different authorities with supervisory and sanctioning powers, such as tax evasion, public order, forestry or environmental offences or, finally, labour protection, which is of interest here. Thus, in the field of safety and health at work, the employer's liability in the event of accidents at work may be exemplary for such situations, given that he is liable for both a criminal liability incurred by the judicial bodies and a contraventional liability established by the special bodies of the labour inspection, following that our approach will address this issue in the context of the current case law of the European courts of law (such as Case A and B v. Norway, Grand Chamber of the E.C.H.R., or the C.J.E.U. cases, Luca Menci, Garlsson Real Estate SA and Enzo Di Puma, Consob). [ABSTRACT FROM AUTHOR]

Indices measuring drainage basin shape are of great significance because they not only measure forms (shape) of basins but provide quantitative information upon basin shape that controls the flow hydrograph of the channel. We reviewed different measures of basin shape and found the Elongation ratio (E), Form factor (F), Lemniscate ratio (k), and Shape factor (S) can not detect differences between shapes of a very long narrow basin without indenture in perimeter and a highly indented star-fish-shaped basin. Limitation of these indices was felt in the context of indenture studies of shapes. The present study adopted the Indenture index (I) to have a detailed insight into the indented plan view of drainage-basin outline. We also added Circularity index (Ci), a refined form of Compactness coefficient (Cc), which bears the traits of an ideal index and is a good tool for measuring basin shapes. Eight indices were applied for testing the hydrologic implications of the shape of a drainage basin. Indenture index (I) could effectively be employed for measuring indented basin-shapes (1 = no indenture, a higher value indicates indented shape) and assessing the impact of basin shape on the Flood Inducing Capacity (FCI) of a basin (R2 = 0.208). The present study will not only bridge the gaps in the existing hydro-geomorphic research but also has some policy implications in the context of basin hydrology. The use of simulation and artificial intelligence (AI) for overcoming the limitation of data size may open better avenues in the directions of basin-shape research and its hydrologic implications. [ABSTRACT FROM AUTHOR]

The article discusses the concept of construction liens in the U.S. Topics include the existence of secret liens in the land title registration system, critical dates of construction liens including recording date and lien priority date and comparison of construction liens of Arkansas with liens of other surrounding states.

Copyright of Tiempos Modernos is the property of Tiempos Modernos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This essay challenges the historiography of indenture in South Africa for its focus on land and schemas of belonging, which do not attend sufficiently to the opacity and fluidity that crossing the Kala Pani entailed. Crossing of the "opaque" ocean invited the re-invention for lower and middle-class indentees, literally inserting them into different life-worlds. The Kala Pani had the effect of a magician's black box, a space for transfiguration, of aspiration and mobility outside of the terrestrial strictures of castes ordained by birth and maintained by village communities. If one were to centre analyses that focus on this oceanic crossing and its transformations of self and other, rather than its elision, this would necessitate a literary focus on individual stories of indenture, where the idiosyncratic transformations exist alongside the more familiar narratives of community. In this vein, the last part of the essay suggests a reading of Aziz Hassim's book Revenge of Kali (2009) as a potentially revelatory form, to which pluviality and its cultural histories are central. [ABSTRACT FROM AUTHOR]

The article examines the strategies associated with the valorisation of places of memory linked to a rich and difficult history in two island territories in the south-western Indian Ocean. Reunion Island and Mauritius have different institutional realities (French DROM and European RUP / Independent state). Both have experienced similar historical events, in particular the great migratory flows associated with slavery and sugar cane indentured labour. Their heritage reservoir in this area is considerable. This contribution aims to describe the mobilisation of stakeholders and their valorisation, in a comparative approach. The article therefore examines the links between (museum) heritage and territory. The heritage promotion of memory seems to be part of an approach that is varied and at the same time displays correspondences. It bears witness to issues that are approached in different ways between spaces with dissimilar political and sociological contexts. [ABSTRACT FROM AUTHOR]

Copyright of Actas de Diseño is the property of Facultad de Diseno y Comunicacion, Fundacion Universidad de Palermo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)