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The emanation of the concept of ordre public or public order in France is based on the principle of self-affirmation, and civil law of the republic against alien infringement. There has been a separation of the temporal and spiritual power in Europe that dates back to the concept of laïcité which was a concept established by the French revolution by its Civil Constitution of the Clergy 1791 and later consecrated into law in 1905. The issue of discrimination against Muslims has arisen because of the cultural discrimination in religious formalism, such as the prohibition against the burkini and rejection of religious dress in schools. This has been achieved by superimposing the code of laïcité upon the communities' expression of their laws and by upholding the concept of ordre public that is vigorous and stringent against the practices of the Muslim community. The concept of ordre public imposes conformity on the Muslims, reinforcing stereotypes and increasing Islamophobia in France. The argument of this article is that by legally enforcing the imposition of majoritarian customs the French state is ignoring the adoption of the comparative legal method and human rights that acknowledges normative pluralism that serves to eradicate the colonial prejudices that are restricting the understanding and application of tolerant approaches to religious expression. [ABSTRACT FROM AUTHOR]

Surrogacy is a form of family creation that raises many medical, ethical, and legal questions. This article examines how the European Court of Human Rights (ECtHR) deals with the issue of cross-border surrogacy and its legal consequences in its recent case law. It will demonstrated that the Strasbourg Court has developed a nuanced case law that leaves it in the first place to the national authorities to deal with the complex issue of surrogacy, whereby it is nevertheless clear that further to the Strasbourg case law even if legislators rule out the possibility of surrogacy on their territory, they will have to find solutions to "'regularise"' the de facto situation of the child, taking into account its best interests. [ABSTRACT FROM AUTHOR]

Copyright of Human Sciences Journal / Revue des Sciences Humaines is the property of Universite des Freres Mentouri Constantine 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.)

Le droit des contrats est régi par le Décret du 30 juillet 1888 communément appelé code civil livre III. Ce code est imprégné du principe libéral de l’autonomie de la volonté faisant que seule la volonté individuelle crée le contenu du droit des parties. Toutefois, des lois impératives viennent atténuer ce principe.

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.)

A haven for articles of association freedom, in that it constitutes a company tailored to the will of its shareholders, the Simplified Public Limited Company has henceforth imposed itself as a commercial entity whose introduction into the OHADA space has crystallized the contractual design of the commercial company. It allows the partners to freely insert in their articles of association anything that is not expressly prohibited and relating to the constitution, governance, and dissolution of the company. Nevertheless, this exuberant articles of association freedom, which contrasts sharply with the absence of personal liability of the shareholders for company debts, may be detrimental to the interests of the shareholders, the company, and the economy. Mandatory commercial companies' rules and the general theory of commercial companies then timidly take it upon themselves to try to tame articles of association freedom and correct the defects of the Simplified Public Limited Company. All this heightens the feeling of distrust vis-à-vis articles of association freedom, which, in the absence of serious limitations, enslaves more than it releases. [ABSTRACT FROM AUTHOR]

Les droits et libertés fondamentaux constitutionnellement garantis dans tout État de droit sont supérieurs à toute autre considération, à toute autre raison. Ils ont vocation à s’exercer librement. Et lorsque des exigences d’ordre public commandent des restrictions à la Jouissance ou à l’exercice des droits et libertés fondamentaux, la raison d’État ne devrait pas l’emporter sur les droits fondamentaux. Les constitutions modernes ont sacralisé les droits fondamentaux, mais admettent tout de même des limitations justifiées par l’ordre public. L’analyse des textes constitutionnels des États d’Afrique noire francophone, notamment la RDC permet de cerner le souci du constituant de favoriser le respect effectif des droits fondamentaux en toutes circonstances.

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale 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.)

Copyright of Juristische Blätter is the property of Verlag Oesterreich GmbH 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 Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale 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 Pravnik is the property of Czech Academy of Sciences, Institute of State & Law 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 Studia Universitatis Babes-Bolyai, Iurisprudentia is the property of Babes-Bolyai University, Cluj-Napoca, 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.)

The European Court of Human Rights, whose jurisprudence is presented here, is not a court specialising in private international law. However it applies the norms deriving from the European Convention on Human Rights to applications by litigants complaining of any type of national legal rules, including the rules of private international law. There are cases decided by the European Court in all fields of private international law, out of which the cases relating to the field of choice of law are presented here. The cases decided during the last ten years can be classified in cases on the human rights control of (1) equality before the national rules of choice of law, (2) the public policy exception, (3) fraus legis, and (4) the methodological choice between the application, to a status acquired abroad, of the forum's own rules of choice of law, or, alternatively, the method of recognition of the result of the application of the foreign rules of choice of law. The case-law of the European Court has had, on the whole, a moderate - and moderating - effect on national choice of law rules. [ABSTRACT FROM AUTHOR]

A series of controversies that have structured the life of the International Criminal Court and which are often discussed separately can be traced to fundamental disagreements about the foundations of its authority. For some, the Court further crystalizes a sort of ius puniendi of the international community that is a direct continuation of the commitment to repress certain fundamental international crimes; for others, the key to the Court's authority is, if anything, better understood as a function of sovereign delegation and agreement. The article explores the merits of these theories of both international criminal law and jurisdiction, both as theories and in light of the actual practices of international criminal justice. It may well be that an international ius puniendi can be said to exist in the abstract, and when it comes to core international crimes and the need to repress them. Even if the origin of some cardinal international criminal prohibitions is conventional, these prohibitions may have become so ingrained in the international legal order as to become inherent to it. But the public order and universal character of international crimes does not necessarily or easily translate to whatever particular institutions are devised to punish them. The article suggests, in this context, that on balance the practices of the Court are still better understood as a direct function of State consent. This is true when examining both the practice of the icc towards non-States Parties and, crucially, towards States Parties. To see the Court as 'merely' the Court of its States Parties, however, is not to give up on the idea of universal repression, but to see it as mediated in practice by the complex agency of those States that pursue that aim. [ABSTRACT FROM AUTHOR]

Copyright of Cahiers de Politique et de Droit is the property of University of Kasdi Merbah Ouargla 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.)

Patent as a rewarding system to the inventor has been in vogue for more than six hundred years. This has resulted in major innovations that have revolutionised our lives besides saving millions of lives and eradicating deadly diseases. But over the years the corporations rather than scientists or technocrats have become the claimants and owners of patents. In the process the balance between incentivisation and patenting for control has been lost and this has resulted in major questions on the objectives and functioning of the intellectual property rights regimes, particularly in the case of drugs and pharmaceuticals. In this paper the idea of value pluralism is used to develop an alternative perspective and it is illustrated with two case studies. It is contended that this approach is suitable for countries like India. It is important to explore the alternatives like Prizes, Open Source Drug Discovery and other ideas that seek to overcome the problems with the patent law and practice. Since patents on medical innovations is also an issue of access and affordability to life saving drugs, devices and treatments, a narrow view on patents and innovation is not sufficient. This paper examines the values and choices before the society and calls for a rethinking in our approach to invention and incentivisation. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Journal of Compulsory Execution / Revista Română de Executare Silită 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.)