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Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House 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.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House 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.)

The article focuses on the structural impediments faced by nonprofit organizations advocating for disenfranchised groups, particularly regarding tax-deductible donations and lobbying restrictions. Topics discussed include the impact on politically disadvantaged groups, the limitations of current tax codes, and proposed solutions to address these disparities and empower advocacy efforts for the unenfranchised.

This article delves into the history of financial institutions in the United States and their use of enslaved people as collateral for mortgages. It explores how this practice contributed to the country's wealth, particularly in the American South, and the lasting impacts of slavery and anti-Black policies on the racial wealth gap. The article discusses the concept of reparations for the harm caused by slavery and whether financial institutions should be responsible for paying reparations. It concludes by highlighting a reparation effort made by a local government and a financial institution. The text also mentions the role of southern commercial banks in the slave system, the involvement of Northern states in financing slavery, and the ongoing impact of the wealth gap on America today. It discusses the arguments for and against reparations, the potential implementation of reparations plans, and examples of reparations programs for Native Americans, Japanese Americans, and Holocaust survivors. The article presents different rationales for proponents and opponents of bank reparations and explores ways in which financial institutions can be assessed for their responsibility in perpetuating racial wealth gaps. It mentions a case where descendants of enslaved people filed suits against financial institutions for their involvement in slavery, as well as efforts by JP Morgan Chase Bank to apologize for its ties to slavery and provide restitution. The article suggests that further research and exploration of these issues can be conducted through the adoption of H.R. 40, a bill that would establish a commission to study and develop reparation proposals for African Americans. It emphasizes the importance of financial institutions researching their [Extracted from the article]

The article titled "SHOW ME THE MONEY": THE SEC'S USE OF DISTRIBUTION AS A TOOL FOR INVESTOR PROTECTION" discusses the Securities and Exchange Commission's (SEC) use of distribution as a tool for investor protection. It highlights the importance of disgorgement and distribution in SEC enforcement actions and the impact of recent developments on the SEC's ability to seek disgorgement. The article also presents recommendations for the SEC to prioritize beneficial distribution to harmed investors and continue aggressively pursuing disgorgement of ill-gotten profits. The background on securities regulations and the establishment of the SEC are also discussed. [Extracted from the article]

States are often enriched by the flow to their coffers of wealth accrued to private actors through internationally harmful conduct such as overfishing, acts causing transboundary air or marine pollution, cyber attacks, and international corruption. A portion of the wealth acquired by private actors through such conduct is often passed on to the State through its tax system. This article argues that this form of income to the State triggers the application of the international norm against unjust enrichment. Under the international law of unjust enrichment, such income could give rise to a duty of restitution owed by the enriched State to any State harmed by the conduct of the private actors. This article argues that the purposes of the norm against unjust enrichment--promoting individual justice between parties and removing incentives for wrongful conduct--require its application in international law to the indirect enrichment of a State as a result of internationally harmful conduct by its taxpayers. Such application of the international norm against unjust enrichment is particularly important because of (a) evidentiary difficulties in the international arena, which significantly erode the efficacy of the remedial regime that is based on the rules concerning the responsibility of States for internationally wrongful conduct; (b) the unavailability in international law of a cause of action against private actors engaging in internationally harmful conduct; and (c) the limited capacity of a State harmed by the conduct to recover from such actors under its domestic legal system. The article suggests that the purview of the international norm against unjust enrichment extends to situations of an indirect link between the loss of the claimant State and the gain of the enriched State, provided that such link is sufficiently close. [ABSTRACT FROM AUTHOR]

This document provides an overview of the American Law Institute (ALI) and its project called the Restatements of Torts. The ALI is an independent organization that seeks to enhance and clarify the law in the United States. The Restatements of Torts is a specific initiative by the ALI that aims to offer a simplified and comprehensible understanding of tort law. The document delves into the history, purpose, and process of the ALI's work on restating the law of torts, highlighting the multiple editions of the Restatement of Torts and the extensive citation it has received. The ALI's efforts in restating the law are intended to bring clarity, modernization, and improvement to the legal system, contributing to the overall preservation of the rule of law in society. [Extracted from the article]

The paper examines the development of the case law of the Court of Justice of the European Union (CJEU) on the consequences of (non-)transparency claims in consumer contracts in the case of the supply of intellectual (legal) services. In its recent decision (Case C-395/21, D V), the CJEU was confronted with the consequences of the unfairness of the remuneration term contained in a legal services contract. The Court's analysis of the non-transparency (and unfairness) of core terms under Articles 4 para 2 and 5 UCTD and its consequences under Article 6 UCDT raises a variety of questions. Specifically, the D V case illustrates the difficulties of the CJEU in striking an adequate and effective balance between consumer protection on the one hand and the right of the business party (lawyer) to her/his counter-performance (the remuneration) for the legal services on the other hand. This, in a nutshell, is because the unfairness of the term led—like most mortgage loan agreements denominated in foreign currency—to the invalidity of the whole price-setting mechanism, depriving the supplier of his/her remuneration in its entirety. Against this backdrop, the paper will address the troublesome relationship among the unfairness of core terms encompassed in consumer contracts providing intellectual services, restitutionary remedies and judicial revision of the unfair terms, alternatively leading to situations of consumer over-protection and under-protection. First, the paper will highlight why this case law poses new challenges for both consumer and national law and why it should be treated differently from – or, at least, in confrontation with – the recent CJEU's case law concerning the mortgage loan agreements saga. Secondly, the paper 395 will argue that the denial of remuneration of the supplier—even though complying with the aim to restore the legal and factual situation in which the consumer would have been in the absence of the unfair term—could entail consumer over-protection issues, since the performance could not be returned; this situation could potentially lead to clashes with overarching general principles (such as the principle of proportionality). Lastly, the exclusion of a judicial revision in the sense of a judicial estimate could be detrimental for the consumer if the quantification of the supplier's remuneration would be impossible without such a judicial estimate. In that case, the invalidity of the unfair term and of the contract in its entirety could expose consumers to unjust enrichment claims, thus frustrating the CJEU's aim of preventing judicial estimates of a fair charge and undermining the principle of legal certainty, as interpreted by the European Court. In this sense, such an orientation will trigger a situation of consumer under-protection. In the final analysis, the paper will address some of the possible systemic implications of the CJEU's case examined. The paper will further suggest that, in order to prevent both situations of over-protection and under-protection of consumers, we should rethink the mechanisms of the transparency assessment under the UCTD – in particular, when essential terms are concerned and neither the restitution nor the remuneration of the services provided is possible or consistent with EU Consumer Law. [ABSTRACT FROM AUTHOR]

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd 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.)

The article refers to the problem of Statute of limitations for restitution claims after a term is declared unfair in light of the ECJ judgment of 8th of September 2022 (Joined Cases C-80/21 to C-82/21). In light of the ECJ judgment one may not argue that if there was a sanction that would deprive a consumer effective claim for restitution because of excessive effect of statute of limitation, such mechanism would be contrary to the aim of protection under Directive 93/13. The regulation contained in Directive 93/13 should not allow for 10‑year limitation period for a consumer's action for the restitution of the payments made under 30-years lasting bank loan contract if the limitation period passed before the consumers claim has been payable. The ECJ judgment might be perceived as somewhat superfluous, because such an effect would also be difficult to accept that in the light of the principles of the civil law – certainly Polish law, which should give a ground for the assumption provided in the question submitted by the referring court. However, the ECJ ruling itself does not seem to be controversial. [ABSTRACT FROM AUTHOR]

The study proposes an analysis of the lawful juridical fact of the undue payment circumscribed to the sphere of lawful juridical facts, source of the legal civil obligation of restitution, consisting in making a payment, voluntarily, but undue, by mistake. In the introductory part of the paper, we presented the definition of undue payment and the provisions of the Civil Code regarding the lawful juridical fact of undue payment, but also those provisions to which they refer, generally applicable to a "payment". In the second part we analysed the Conditions of undue payment, which must be met cumulatively: a payment must be made, which is not due, in the absence of a debt, by mistake. We pointed out that although the current regulation did not expressly mention the condition that the payment was made in error, in order to be able to justify the action in repetition for the benefit of solvens, the payment must have been made by error. Thus, it is important the so-called „volitional component" with reference to the intention of the solvens to extinguish an existing debt to the accipiens, having the firm conviction that this obligation exists and that the one who receives the payment would really be his creditor. In the hypothesis in which the solvens pays disinterestedly, without pursuing the payment of a debt, his gesture could be interpreted as a liberality, with all the consequences arising from this qualification, including the impossibility of restitution due to the irrevocable nature of the legal operation. The third part of the study was devoted to the Effects of the undue payment, distinct between solvens and accipiens, respectively those towards third parties, occasion to present various hypotheses with the indication of some jurisprudential solutions pronounced in this matter. In the final part, we presented the particularities of the action for restitution with the indication of the owner of the action, the plaintiff solvens against the defendant accipiens, specifying the legal nature and the object of this action, the rules regarding the prescription, cases of inadmissibility and the possible legal solutions, depending on the good or bad faith of accipiens. As a study method, we sought to combine the theoretical analysis with the position of the jurisprudence in this field, considering that this approach is edifying in presenting the specific features of the undue payment, in particular, in comparison with the other lawful juridical facts as sources of obligations, fraudulent management and enrichment without a just cause. Thus, we went through valuable works from our classical doctrine, but also from the contemporary one, in the comments of the texts of the current Civil Code, identifying the published and commented jurisprudential solutions. [ABSTRACT FROM AUTHOR]

The purpose of eradicating corruption in Indonesia is to recover state financial losses and the state economy. In the corruption crime law that regulates the imposition of additional criminal sanctions in the form of restitution payments in corruption cases essentially cannot be applied against corporations, because additional criminal sanctions in the form of restitution payment obligations can be replaced by imprisonment according to the provisions of the Corruption Crime Law, while the main punishment that can be imposed on corporations is only a fine without being replaced (subsidiar) imprisonment sanctions, but the criminal sanction of fines against corporations if they do not make fine payments is not regulated in the Corruption Crime Eradication Law. In the regulation of sanctions for the return of financial losses by corporations in corruption cases, it is still spread sectorally, causing the criminal justice system to run independently, as reflected in several decisions of the panel of judges, which still mixes the imposition of criminal sanctions against the management with the imposition of sanctions against the corporation, so that the return of state financial losses by corporations that commit corruption crimes is not maximized. Thus, a breakthrough is needed to revise the corruption law. This research is legal research, namely research by analyzing laws and regulations, based on legal dogmatics, legal theory, and legal philosophy. The purpose of this research is to examine the provisions of Article 20 paragraph (7) jo. Article 18 paragraph (1) of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption. By revising the Corruption Eradication Law by the Government and the House of Representatives, it is hoped that the recovery of state financial losses in corruption cases by corporations will be maximized. [ABSTRACT FROM AUTHOR]

This case involves a dispute over the use of land for the Mongolian embassy in Seoul. The plaintiff claimed that the defendant had encroached upon the boundaries of the plaintiff's adjacent land by using a portion of it as the defendant's embassy property and attached property. The plaintiff sought partial demolition of the defendant's building and delivery of the disputed land, as well as restitution for unjust enrichment. The trial court granted the plaintiff's primary claim for partial demolition and delivery of the disputed land, but dismissed the claim for restitution of unjust enrichment, citing a lack of jurisdiction over the issue. The plaintiff appealed the dismissal of the claim for restitution, arguing that the trial court had misinterpreted the legal principles regarding state immunity and jurisdiction. The Supreme Court partially accepted the plaintiff's appeal, affirming the trial court's judgment on the primary claim but reversing and remanding the claim for restitution for unjust enrichment to be re-tried and decided upon. The judgment was rendered in unanimous agreement by the participating justices. [ABSTRACT FROM AUTHOR]

The author could have placed emphasis on comparing ICJ's contribution to the jurisprudence of other courts and tribunals, thus giving a precise context and a critical assessment. 1. The book under review is Victor Stoica, I Remedies before the International Court of Justice: A Systemic Analysis i , Cambridge University Press, 2021, 288 pp. Additionally, in deciding in accordance with international law, the preferred choice of the ICJ is "declaratory judgement" (p.169) because of its preventive nature and therefore is best suited to fulfilling the role of the ICJ. [Extracted from the article]

Museums are essential institutions of the Western culture, extended to other areas of the world due to their supreme interest. Museums appeared in Europe in the middle of the 1 8th century with the art of the collections of kings and aristocrats. They were opened to the service of artists and from the 19th century to the public in general. The current museum is usually national, except in the United States, where it maintains the original private character attributed to the generosity of their capitalist society. The museum represents the history and art of the country to which it belongs, whose collections give splendor and are a symbol of its culture. Now museums have the specific and elevated function of showing art for education and for providing the visitor with the same pleasure produced by other cultural manifestations, such as theater or music. Museums are currently valued for being opened to figures that were excluded or vetoed in the past, as women-artists, or artists from different cultures, as in USA the African-Americans and many others. [ABSTRACT FROM AUTHOR]

The claims for the restitution of legal estate by the Indigenous peoples are often without the benefit of a written agreement when they have to prove a spatial and temporal connection with ancestral lands. The witness testimony from a storyteller who is keeper of the historical records is in the absence of documentary evidence and the court has to be convinced of the probative value of the evidence before the oral testimony is admissible as an exception to the rule against hearsay. This presents immense obstacles to Indigenous litigants, who are governed by customary laws and whose narratives regarding the claims on land are conveyed intergenerationally. The court structures based on common law exclude such evidence as hearsay, which has prevented claims on land in North America, and in Norway, which has a Eurocentric court structure. There is a need for a framework in the procedural codes of the common law courts and by extension of all courts where Indigenous people own lands or exercise rights over them to formalise the reception theory of evidence. This will contextualise the terminologies, expressions and idioms that are included in Indigenous story testimony and their authenticity can be framed in protocols which courts could resource before ruling whether the narrative testimony is admissible. [ABSTRACT FROM AUTHOR]

The disposition of the return of the forced execution by the court, following the abolition of the enforcement title or the forced execution itself, leads to the creation of a new paradigm, in which the creditor of the forced execution, whose patrimony has increased, becomes the debtor of the obligation of restitution, to the debtor of the forced execution, and which in turn becomes the creditor of the restitution obligation. The natural consequence of the solution of admitting the return of enforced execution requires the restoration of the previous situation, which will be done in the register of the general provisions provided for in art. 1635-1649 of the Civil Code. The effective method of restoring the previous situation converges on the analysis of different civil law principles, with similar valences but different effects, especially the principle of restitutio in integrum and the principle of full repair of the damage, in the perimeter of good faith and bad faith of the debtor of the restitution obligation. In the context of the civil circuit, situations may arise, in which the main method of restitution of benefits, in kind, is no longer possible, so new practical difficulties arise in restoring the previous situation, in this framework, the incidence will be analyzed for interest - moratory damages and compensatory damages. [ABSTRACT FROM AUTHOR]

The question of land is indeed a vexing one in contemporary South Africa. White control of land and the unequal distribution thereof was one of the pillars of the apartheid system. During colonial rule and under apartheid, numerous communities were simply expelled from their land. The Land Act of 1913 had a diabolical effect in dislocating communities and separated people from their traditional inheritance and from each other. Dispossession of land by its original inhabitants in waves of incessant forced removals proved to be highly distressing and ultimately led to enduring poverty for the masses. It is important in our predominantly Christian society to atone for past ills and to redress some of the ills relating to land which were in fact human rights abuses, by considering inter alia, Leviticus 25 as a starting point. Thus, a Christian stance is considered to be important from both a biblical and ethical perspective as land dispossession due to inhuman laws is addressed. We are stressing the fact that only in a liberating relationship with God can we consider and apply human rights and that in African thought social issues are viewed from a communitarian perspective in which the common good takes precedence. [ABSTRACT FROM AUTHOR]

The article discusses the decision of the Corte di Cassazione to extend the European revision to European Court of Human Rights (ECtHR) decisions under Article 37 of ECHR. Topics include facts underlying the case, a unilateral declaration submitted by the Italian Government with the Court on January 15, 2014, and main argument of the complainant.

Crypto-assets (tokens on a distributed ledger network) can be handled much in the same way as tangible assets as they may be held without the involvement of intermediaries and traded on a peer-to-peer basis by virtue of the blockchain technology. Consequently, crypto-assets give rise to proprietary issues in the virtual world, as do tangible assets in the real world. This article will consider how the law applicable to the proprietary issues of crypto-assets should be determined. It will first examine some of the cases where restitution was sought of crypto-asset units and consider what issues arising in such contexts may be characterised as proprietary for the purpose of conflict of laws. Finding that the conventional connecting factors for proprietary issues are not suitable for crypto-assets, this article will consider whether party autonomy, generally rejected for proprietary issues, should be embraced as well as what the objective connecting factors should be. [ABSTRACT FROM AUTHOR]

This scientific study focuses on the assessment of the legislation on land valuation, which takes place in the framework of selected administrative procedures in the Slovak Republic. The issue of land valuation is regulated in several pieces of legislation and, in terms of content, is their unifying feature of the valuation of land for public purposes. The reason for examining the determination of the so-called "administrative price of land" is the fact that, in practice, the administrative procedures analyzed are extremely time-consuming and considerably inefficient compared to other administrative practices. Another reason for analyzing the legislation on land valuation is the fact that they also have a direct impact on the speed of the related administrative procedures and on the use of land for private purposes and, therefore, on the actual exercise of the property rights to which the parties to those proceedings are legally entitled. The main objective of this study is to examine the quantity, quality, and differences of legislation allowing land valuation for land consolidation purposes and to compare it with land valuation for restitution and expropriation purposes. In the processing of the topic, we primarily used the method of critical legal analysis and suitable and available scientific methods designed for law examinations, such as description or synthesis. In the context of the examination, we also applied a comparative method to compare the development of the legal situation of the Slovak Republic with the Czech Republic. We also used scientific and doctrinal interpretations associated with the application of case law on Slovak and Czech legislation, as well as professional and scientific literature contained in the Web of Science and Scopus databases. The results of the study indicate that, despite the multi-annual effectiveness of the legislation, it would be appropriate to resolve the problems encountered in the Slovak Republic by adopting a new code regulating the issue of land consolidation. [ABSTRACT FROM AUTHOR]

Copyright of KritV, CritQ, RCrit. Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft / Critical Quarterly for Legislation & Law / Revue critique trimestrielle de jurisprudence et de législation is the property of Nomos Verlagsgesellschaft mbH & Co. KG 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.)

But the New York Supreme Court, Appellate Division, relying on Kokesh, reversed and granted the insurers' cross-motions and denied Bear Stearns's motion for summary judgment, holding that the disgorgement payment was a penalty and was therefore not an insurable loss. In 2006, following the investigation, Bear Stearns settled with the SEC: Bear Stearns did not admit or deny any misconduct but agreed to pay the SEC a $160 million "disgorgement" payment and a $90 million "civil money penalties" payment. Vigilant: SEC Disgorgement Payment Is Not an Excludable Penalty In Vigilant, the SEC began investigating Bear Stearns in 2003 for facilitating late trading and deceptive marketing practices by its customers in connection with the purchase and sale of shares of mutual funds. [Extracted from the article]