Search

The article is devoted to the peculiarities of the principle of proportionality of measures of forced execution of decisions and the volume of claims on decisions in enforcement proceedings. It is determined that the principle of proportionality of measures of forced execution of decisions and the volume of claims on decisions in enforcement proceedings finds its manifestation in a number of provisions of legislation. The article cites these provisions of the legislation on enforcement proceedings and analyzes them. It is pointed out that the essence of the principle of proportionality of measures of compulsory execution of decisions and the volume of claims on decisions is always associated with the need to ensure and respect the rights of the debtor. However, in the author’s opinion, this principle should also reflect another important aspect of enforcement proceedings – sufficiency of enforcement measures for the actual execution of the decision. This side should also be enshrined in the content of the principle of proportionality of measures of forced execution of decisions and the volume of claims under the decisions. It is concluded that the principle of proportionality of measures of forced execution of decisions and the volume of claims under decisions should not be considered narrowly enough. Scientific positions concerning the legal regulation of the principle of proportionality of measures of forced execution of decisions and the volume of claims under decisions are studied. The opinion is supported that in the legislation on enforcement proceedings it is necessary to formulate a separate article devoted to the content of the principle of proportionality of measures of forced execution of decisions and the volume of claims on decisions. Separate aspects of determining the criteria of proportionality of measures of compulsory execution of decisions and the volume of claims under decisions and judicial practice have been studied. On the basis of the analysis it is concluded that an important general criterion of proportionality of measures of forced execution of decisions and the volume of claims on decisions is the criterion of legality of the executor’s actions developed by the judicial practice of the Supreme Court. The criterion of proportionality should be the focus of the executor’s actions to ensure the fulfillment of the final court decision. [ABSTRACT FROM AUTHOR]

The article is devoted to the peculiarities of representation by an advocate of the interests of the client in enforcement proceedings as a type of advocacy. The article analyzes the scientific provisions on the representation by an advocate of the interests of the client in enforcement proceedings. It is established that representation by a lawyer of the interests of the client in enforcement proceedings should be distinguished from other types of representation in enforcement proceedings. The issues of representation of the prosecutor in enforcement proceedings and the correlation of this representation with the representation of the lawyer are also investigated. It is concluded that the provisions of the legislation regulating the participation of the prosecutor in enforcement proceedings do not comply with the norms of the Constitution of Ukraine. When studying the range of persons who can have a lawyer-representative in enforcement proceedings, attention is drawn to the fact that this range is narrow. Only the claimant and the debtor have the right to have a lawyer represent their interests. It is concluded that the right of a participant of enforcement proceedings to have a lawyer as his representative should be recognized for any participant who enters into legal relations with the executor and needs legal assistance. It is necessary to give the right to the lawyer to always act next to the person he represents. The article also investigated the question of whether the executor has the right to have a representativeadvocate. It is determined that the legislation of Ukraine does not provide for the possibility of public and private executors to exercise their rights and obligations in enforcement proceedings through representatives, in particular, and lawyers. Thus, state and private executors are obliged to carry out activities on forced execution of decisions exclusively in person. However, in court, the executor has the right to exercise his rights and obligations through a lawyer. The list of documents that may confirm the powers of an advocate as a representative in enforcement proceedings is also defined. It has been established that there is a discrepancy between the lists of these documents provided for by the legislation on enforcement proceedings and the legislation on advocacy. A proposal has been made to provide in the legislation on enforcement proceedings for a legal assistance contract to be one of such documents [ABSTRACT FROM AUTHOR]

The relevance of the study is due to the lack of proper legal regulation in the field of legal determination of the procedure for executing a court decision under which a foreign state (aggressor or occupier) acts as a debtor. The purpose of the study is to develop a mechanism for effective protection of the rights of Ukrainian recoverers in cases of compensation for damage by the state aggressor through the prism of proper enforcement of court decisions in these categories of cases. In the course of the study, a number of general scientific and industry methods are applied, in particular, the method of analysis and synthesis, system, structural-functional, dialectical, historical, and hermeneutical methods. The paper analyses the legal positions of the European Court of Human Rights regarding the right to appeal to the court in cases of debt collection from a foreign state as compensation for material and/or moral damage caused to individual applicants. The study examines the practice of the national courts of Ukraine in cases of claims of individuals – citizens of Ukraine against a foreign state for compensation of material and (or) moral damage caused by the invasion of the territory of Ukraine. It is established that a state cannot be allowed to use the doctrine of sovereign immunity as a shield for its violations of other doctrines of international law, such as international law on armed conflicts. The expediency of applying the model of functional (limited) immunity, which is becoming increasingly widespread and recognised by advanced countries of the world, is justified, considering its practicality and compliance with modern requirements for the development of society and leading trends in the development of international law. The results of the study can be used for further scientific developments of the outlined problems in the rule-making process, both in the conclusion of international treaties and in national legislation and in the law enforcement process in the implementation of legal proceedings

The relevance of the study is due to the lack of proper legal regulation in the field of legal determination of the procedure for executing a court decision under which a foreign state (aggressor or occupier) acts as a debtor. The purpose of the study is to develop a mechanism for effective protection of the rights of Ukrainian recoverers in cases of compensation for damage by the state aggressor through the prism of proper enforcement of court decisions in these categories of cases. In the course of the study, a number of general scientific and industry methods are applied, in particular, the method of analysis and synthesis, system, structural-functional, dialectical, historical, and hermeneutical methods. The paper analyses the legal positions of the European Court of Human Rights regarding the right to appeal to the court in cases of debt collection from a foreign state as compensation for material and/or moral damage caused to individual applicants. The study examines the practice of the national courts of Ukraine in cases of claims of individuals - citizens of Ukraine against a foreign state for compensation of material and (or) moral damage caused by the invasion of the territory of Ukraine. It is established that a state cannot be allowed to use the doctrine of sovereign immunity as a shield for its violations of other doctrines of international law, such as international law on armed conflicts. The expediency of applying the model of functional (limited) immunity, which is becoming increasingly widespread and recognised by advanced countries of the world, is justified, considering its practicality and compliance with modern requirements for the development of society and leading trends in the development of international law. The results of the study can be used for further scientific developments of the outlined problems in the rule-making process, both in the conclusion of international treaties and in national legislation and in the law enforcement process in the implementation of legal proceedings. [ABSTRACT FROM AUTHOR]

This article provides insights into the legal and social contexts surrounding inheritance divisions in both Old Babylonian and South African cultures. It proposes an innovative approach to the division of inheritance in South Africa that is in line with the country's constitutional values and diverse cultural heritage. In order to compare the inheritance divisions, the study identifies the shared characteristics between Old Babylonian and South African practices. These inheritance divisions often involve disagreements and complexities among heirs, which may result in negotiations and the reorganisation of inheritances through mechanisms like sale, donation or exchange. By highlighting these commonalities the article sheds light on the differences and similarities in the legal and social contexts in which these divisions occur. While the South African approach has been influenced by Roman-Dutch legal scholars, incorporating the adaptable legal practices of the Old Babylonian tradition could introduce further innovation and adaptability to the South African inheritance division process

Copyright of Jurnal Locus: Penelitian dan Pengabdian is the property of Riviera Publishing 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 article provides insights into the legal and social contexts surrounding inheritance divisions in both Old Babylonian and South African cultures. It proposes an innovative approach to the division of inheritance in South Africa that is in line with the country's constitutional values and diverse cultural heritage. In order to compare the inheritance divisions, the study identifies the shared characteristics between Old Babylonian and South African practices. These inheritance divisions often involve disagreements and complexities among heirs, which may result in negotiations and the reorganisation of inheritances through mechanisms like sale, donation or exchange. By highlighting these commonalities the article sheds light on the differences and similarities in the legal and social contexts in which these divisions occur. While the South African approach has been influenced by Roman-Dutch legal scholars, incorporating the adaptable legal practices of the Old Babylonian tradition could introduce further innovation and adaptability to the South African inheritance division process. [ABSTRACT FROM AUTHOR]

Copyright of Acta Sting is the property of Akademie STING, o.p.s. 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.)

Faced with the problem that static and lagging traditional defense technologies cannot effectively deal with new network attacks, according to the theory of mimetic security defense, a defense architecture of mimic service function chain (MSFC) based on the data forwarding level was proposed, and an execution dynamic scheduling method based on the decision feedback was further proposed.The method took the abnormal executor information fed back by the decision maker, the heterogeneity of executors and the actual load of the system as the scheduling influencing factors, so that the scheduling method can be adjusted adaptively according to the actual changes of the network.In addition, the scheduling method used decision feedback to adjust the scheduling time, so as to achieve the best balance between system cost and security, and reduce the resource overhead of the system.Simulation results showed that the scheduling method can select a set of highly heterogeneous actuators that better meet the current network requirements on the basis of balancing the system cost and security, so as to improve the security and reliability of the system.

The article discusses the types of management control. The essence of the types of management control in the institution of higher education is disclosed. The process of tracking the implementation of management decisions and evaluating the results achieved during their implementation is proven. It was established that the main reason for the need for control is uncertainty, which is an integral element of the future and is inherent in any strategic decision and its implementation, since decision-making is carried out on the basis of the vision of the situation by the manager of one or another model of the situation, which is used in the adoption of management a solution that is always partial. It is substantiated that a reliable management control system is based on effective feedback, which is especially manifested in an adequate response to changes occurring in the external environment and in the course of the implementation of management decisions. It has been found that a well-established control system will timely identify problems arising in the process of activity, weaknesses and threats, and an effective control system allows you to identify both positive and strong aspects that arose during the implementation of its activities. Control in the management of higher education institutions, as one of the main functions of management, which provides a feedback mechanism, allows you to respond in a timely manner to undesirable deviations from the intended guidelines in order to achieve the set goals. [ABSTRACT FROM AUTHOR]

The area of executions undoubtedly involves an area of law that is inconvenient and conflicting for the average person. The negative emotions accompanying the entire procedure are logically reflected in the impression of general injustice in the amount of costs covered. On the one hand, there is the creditor who, despite having an execution title (for example), has not been paid, the debtor who does not want to or cannot pay, and last but not least, the executor, who is obliged to demand compliance from the debtor. For this activity, the costs certainly belong to him -- fair for all parties. Although since the beginning of the existence of executors there have been enough regulations that determine costs in advance, life and application practice have brought new challenges and changes. The balance between the parties and the objective in the form of fairly determined costs of execution, these are the constants of the promises of each new ruling party. But what are the costs of enforcement today? Can they be considered fair? I try to answer this question in this post. The article summarizes the current state, attempts to define the problems of current application practice and looks for possible causes of these problems [ABSTRACT FROM AUTHOR]

Phytopathogenic bacteria inject effector proteins into plant host cells to promote disease. Plant resistance (R) genes encoding nucleotide-binding leucine-rich repeat (NLR) proteins mediate the recognition of functionally and structurally diverse microbial effectors, including transcription-activator like effectors (TALEs) from the bacterial genus Xanthomonas. TALEs bind to plant promoters and transcriptionally activate either disease-promoting host susceptibility (S) genes or cell death-inducing executor-type R genes. It is perplexing that plants contain TALE-perceiving executor-type R genes in addition to NLRs that also mediate the recognition of TALE-containing xanthomonads. We present recent findings on the evolvability of TALEs, which suggest that the native function of executors is not in plant immunity, but possibly in the regulation of developmentally controlled programmed cell death (PCD) processes. Xanthomonads inject transcription-activator like effectors (TALEs) into plant cells, where TALEs bind to effector binding elements (EBE s) in plant promoters and transcriptionally activate downstream host susceptibility genes to promote disease. Some plant genotypes contain transcriptionally activatable cell death-inducing genes, termed executors, that are preceded by TALE-compatible EBE s. Such EBE -equipped executor alleles are, by definition, resistance (R) genes, since their presence provides protection against TALE-containing xanthomonads. Recent studies uncovered that TALEs can rapidly change their sequence specificity by rearranging their modular DNA domain to circumvent detection by matching executor-type R genes. Evolutionary evidence suggests that the native function of executors is likely to be not in plant immunity, but rather in the regulation of programmed cell death, possibly in the context of plant developmental processes. [ABSTRACT FROM AUTHOR]

Copyright of Telecommunications Science is the property of Beijing Xintong Media 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.)

Execution costs are a much-discussed topic in society. On the one hand, this fact appears to be a logical consequence of the "inconvenience" of execution proceedings for the obligee or entitled party, who in some cases not only do not satisfy their claim, but also pay the costs of execution proceedings. The costs of execution proceedings should enable the executor to carry out his activities. How execution costs are adjusted at present is covered in detail in the article below. It describes both the genesis and the current setting of the executor's remuneration, reimbursement of finished expenses, as well as an evaluation of the current situation with regard to the decision-making practice of the courts. [ABSTRACT FROM AUTHOR]

A redistribution agreement is one of the available methods to assist the executor in winding up a deceased estate. It may be used to overcome impractical situations and/or statutory limitations that might occur during the estate administration process. The heirs and legatees and, in some instances, a surviving spouse may then agree to the reshuffling of their inheritance awards. The Chief Registrar of Deeds issued a directive that places a burden on the Master of the High Court in approving the "acceptance" of the agreement as part of the registration application for the transfer of immovable inheritance property. This was in response to a legal opinion from the office of the Chief State Law Advisor, incorporated in a 2010 internal Master's directive on instruction of the Chief Master. It directed that a redistribution agreement is deemed enforceable only after the Master "duly examined and approved" its legality. However, the Master's practice of approving a redistribution agreement is not a rule of law and cannot supersede the provisions of a statute. This article investigates whether the Master, as a "creature of statute", is acting within the parameters of its statutory administrative acts and functions involving a redistribution agreement.

A redistribution agreement is one of the available methods to assist the executor in winding up a deceased estate. It may be used to overcome impractical situations and/or statutory limitations that might occur during the estate administration process. The heirs and legatees and, in some instances, a surviving spouse may then agree to the reshuffling of their inheritance awards. The Chief Registrar of Deeds issued a directive that places a burden on the Master of the High Court in approving the "acceptance" of the agreement as part of the registration application for the transfer of immovable inheritance property. This was in response to a legal opinion from the office of the Chief State Law Advisor, incorporated in a 2010 internal Master's directive on instruction of the Chief Master. It directed that a redistribution agreement is deemed enforceable only after the Master "duly examined and approved" its legality. However, the Master's practice of approving a redistribution agreement is not a rule of law and cannot supersede the provisions of a statute. This article investigates whether the Master, as a "creature of statute", is acting within the parameters of its statutory administrative acts and functions involving a redistribution agreement. [ABSTRACT FROM AUTHOR]

The paper points out the unconstitutionality of the law, which is adopted on the basis of rational arguments, but is not constitutionally non-compliant. At the same time, the aim of the paper is to bring de lege ferenda considerations as to how to help streamline enforcement proceedings even without the use of this, in our opinion, unconstitutional law. In this paper, we also address the justification of the conflicts in terms of compliance with the law on the cessation of old executions with the Constitution of the Slovak Republic, especially with the rule of law, the right to own property and the right to a fair trial. [ABSTRACT FROM AUTHOR]

The relevance of the study is as follows: if the substantive decision of a court or other jurisdiction (official) is subject to enforcement, the state must provide an effective mechanism for such kind of enforcement (otherwise, in case of non-compliance with the decision by the obligated person, protection of rights, freedoms, interests of the person will remain only on paper). An important component of such a mechanism is the system of enforcement of decisions. Therefore, each state faces the question of which system of enforcement of decisions to choose, and here we need the experience of other states that have already passed this path and can already clearly understand the results. The purpose of the article is to consider the experience of foreign states in reforming the system of enforcement of decisions and the legal status of executors in order to implement it in Ukraine. Methodological basis of the scientific article is general and special methods of scientific research (deductive, analytical, synthesis method, hermeneutic method, comparative, statistical, historical, dialectical and other methods), which were used to cover the topic of the scientific article. The results of the study contain a generalization of the experience of foreign countries in reforming the system of enforcement of decisions and the legal status of executors. The practical significance of the study is that the scientific article analyzes the application of different systems of organization of enforcement of court decisions, other bodies (officials), different approaches to the legal regulation of the legal status of executors. This can be useful for both legal scholars and legal practitioners, as well as anyone interested in reforming executive legislation. [ABSTRACT FROM AUTHOR]

Copyright of Godišnjak Pravnog Fakulteta u Sarajevu is the property of Godisnjak Pravnog Fakulteta u Sarajevu 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 national digitalization program determines the radical transformation of information support and administrative support for the implementation of the functions and procedures of managers, specialists and executives of the management apparatus. The universally declared recognition of the necessity and prospects of the developed and ongoing innovations in information support and management processes does not exclude negative reactions of personnel to their implementation and possible consequences. The study of personnel reactions to the implementation of corporate governance digitalization programs, presented by this publication, demonstrates the methods, materials, and results of identifying, analysing, and evaluating sustainable staff responses to management digitalization. As a result of research in corporations that are actively involved in information innovations, the trends that should be taken into account to improve the effectiveness of digitalization programs have been highlighted.

This article provides an overview of the formal specificities of an arbitration clause in comparison with those of a testamentary disposition. The issue is mainly based on the irremediably unilateral nature of the appointment of an executor under inheritance law, whereas an arbitration agreement is generally bilateral. The article sets out avenues to justify the principle of the opposability of an arbitration clause to the executor himself. First of all, the very core of the executor's mission is to ensure that the will of the de cujus is respected. The arbitration clause being a part of the testamentary dispositions, the executor himself is obliged to comply with it. Second of all, in arbitration, the theory of the interference has favoured the resolution of disputes by arbitration when a third party to the arbitration clause has interfered in the relationship in such a way that it can be understood that his will extends to this arbitration clause. Third of all, the article assumes that the appointment of an executor in a testamentary disposition is assimilated to an offer of entering into a contract. By accepting his office, the executor accepts the contract with all its conditions, including the arbitration clause. [ABSTRACT FROM AUTHOR]

Modern data analytics systems use long-running executors to run an application’s entire DAG. Executors exhibit salient time-varying resource requirements. Yet, existing schedulers simply reserve resources for executors statically, and use the peak resource demand to guide executor placement. This leads to low utilization and poor application performance. We present Elasecutor, a novel executor scheduler for data analytics systems. Elasecutor dynamically allocates and explicitly sizes resources to executors over time according to the predicted time/varying resource demands. Rather than placing executors using their peak demand, Elasecutor strategically assigns them to machines based on a concept called dominant remaining resource to minimize resource fragmentation. Elasecutor further adaptively reprovisions resources in order to tolerate inaccurate demand prediction and reschedules tasks to deal with inadequate reprovisioning resources on one machine. Testbed evaluation on a 35-node cluster with our Spark-based prototype implementation shows that Elasecutor reduces makespan by more than 36% on average, and improves cluster utilization by up to 55% compared to existing work. [ABSTRACT FROM AUTHOR]

Execution of the main task facing the enforcement bodies on full, timely, impartial execution of court decisions and decisions of bodies (officials) cannot be carried out without clear regulation of the status of subjects of enforcement proceedings and a list of their rights and responsibilities, as this may lead to their abuse of their rights and improper performance of duties, which will deprive individuals of restoring their courtprotected rights. The purpose of this article is to analyze the theoretical developments of scientists who have studied the subjects of enforcement proceedings, their classification and the Law of Ukraine "On Enforcement Proceedings", which regulate the status of participants in enforcement proceedings and persons involved in its implementation to assist the executor. in carrying out executive actions. Incorrect definition of the status of the subject in the jurisdictional process has a significant impact on the formulation of its rights and obligations, the implementation of which depends on the timely, complete and impartial execution of court decisions. Therefore, today the primary task of scientists is to further develop the theory of the executive process, which is the basis for eliminating the shortcomings of this Law, as they lead in practice to litigation. One of the important issues that the authors reveal in the article is the issue of combining the subjects of the enforcement process into certain groups depending on the nature of interest and goal that everyone wants to achieve in enforcement, procedural complicity in enforcement proceedings, which has a significant impact on proper procedure for its implementation and realization of the rights and obligations of debt collectors and debtors, their representatives. In the conclusions the authors formulate a new classification of subjects of executive process taking into account their status and interest in the proceedings, which provide an opportunity to group them into appropriate groups and taking into account such classification to correctly formulate the provisions of this Law, systematize the rights and obligations of participants who are involved in its commission. The issue of procedural complicity in enforcement proceedings is revealed and the inexpediency of exclusion from Art. 15 of the Law of Ukraine "On Enforcement Proceedings" provisions on the possibility of participation in enforcement proceedings of several debt collectors or debtors. This view is based on the complicity of these entities, which follows from the rules of substantive law, in particular their joint and several liability. The status of the prosecutor is revealed, depending on the forms of his participation in the consideration of a civil case by the court, and his transformation into enforcement proceedings. His rights and responsibilities are analyzed, depending on whether he has the status of a representative of the debt collector or the debt collector himself. A number of additions to the norms of the Constitution of Ukraine, the Law of Ukraine "On Enforcement Proceedings" are proposed. [ABSTRACT FROM AUTHOR]

The situation related to f the implementation of construction projects in energy and other sectors of the national economy is investigated. It is highlighted that the losses caused by the failure to complete projects on time are significant. The article discusses the risks negatively affecting project management and analyzes the approaches to project management considering the risk of failure to complete projects on time. Based on the analysis of RusHydro's activities in recent years, a map of the risks of PAO has been drawn up. It is clear from the map that the risk of failure of completion dates is the most critical for the company. The risk of higher cost of work is just as critical and often associated with the risk of delay, as it is a consequence of the implementation of measures to reduce the latter. The object of the study is projects to create (design and construction or reconstruction) of large energy facilities, the subject - tools to support decision-making in the management of projects in the face of uncertainty and risk. The aim of the study is to improve project management practices based on uncertainties and risks based on the assessment of the economic impact of decisions made, allowing us to select related management decisions from a variety of alternatives at the successive stages of project implementation. It is proposed to manage the risks of the project during its planning and analysis phase, taking into account the alternative of solutions and the stage of the project implementation to combine the PERT-time project management method with one of the methods of risk management - the Decision Tree method. The general example of applying the proposed combined method of project risk management is considered. The practical significance of the research is noted. The complexities of the method and areas of further research are indicated. Building a solution tree is usually used to analyze the risks of projects that have a foreseeable number of options. Otherwise, the tree has a very large volume, so it is difficult not only to find the optimal solution, but also to determine the raw data.

The business processes has a major role in the activities of an organization. Organizations have various types of information systems that support the business processes. One of the systems that support the operations of an organization’s business processes is a transaction processing system that serves to record the daily routine transactions necessary in running a business. In the implementation of business process on information systems, often occur repetitive coding activities for additions or changes to business processes. In general, business process consist of a set of activities and relate to each other between one activity to another. To overcome the problem of repetitive coding implementation, relations between activities must be modelled. In this thesis, business process mapping to data level using metadata approach is proposed as a solution to manage any execution services build on information systems, so that developers can focus to the business process flows. The constructed data model divide building blocks of business process into three type such as event, task and gateway. The data model that has been found capable of storing business process as well as the execution flow of the business process into database. The transaction processing system has been built based on the data model of the process that has been found. Executor of business process has been developed based on metadata that has been designed. From the test results concluded that metadata is able to define business process, and the executor can control the flow of executions of business process correctly. Control of the execution flow of the business process can be done manually by the user or automatically by the executor based on the defined rules in metadata.

The purpose of this article is to identify the differences in attitude and the tendency of the Employees Provident Fund (EPF) contributors in nominating wasi (executor) based on factors such as monthly income, level of education and marital status. This is an exploratory study that utilizes questionnaire as the research instrument. A total of 566 Muslim EPF contributors in Selangor have been selected as the research samples (purposive). Data are processed and analyzed using IBM statistical software, SPSS version 20. The attitudes towards the nomination of executor have been identified to include three elements namely; the attitude in the appreciation of goodwill, the attitude towards the sense of responsibility and attitude in the technical sense. However, the tendency in action or behaviour is represented by one element only. The findings show that there is a difference between attitudes and tendency in the nomination of executor among Muslim contributors with regard to marital status. The findings also show that there is a significant difference in attitude among the contributors with regard to monthly income while for the tendency of action there is a significant difference with regard to the level of education. Contributors who are already married have a more positive attitude towards the nomination of executor and they indicate a higher tendency to nominate executor compared to contributors who are still single. This could be influenced by the contributors’ experience and sources of information that they are exposed to, in addition to other factors such as having children and experiencing an unstable level of health.

John Baret of Bury St Edmunds, Suffolk, died in 1467. A wealthy and well-connected merchant, he left what may well be the longest and most personally revealing will of 15th-century England. His cadaver tomb (erected by 1463) and chantry ceiling survive in his parish church of St Mary's, Bury St Edmunds. The design of John Baret's tomb is unusual. In most surviving English sculpted cadaver monuments, an image of the deceased in life tops the tomb, and a carving of them as a corpse is placed below, usually within some form of cage structure. John Baret's memorial inverts this pattern. His sculpted, full-sized cadaver occupies the top of the tomb, while the image of Baret in life is much smaller, carved only in low relief and positioned low down. Similarly, the tomb inscriptions stress Baret's sinfulness and invite prayer for his soul, but without highlighting his worldly achievements or status. Baret's tomb thus emphasises death, unworthiness and his status as a sinner. This article considers how the wills of John Baret and his associates may provide an explanation for the unusual design of his cadaver tomb. [ABSTRACT FROM AUTHOR]

Copyright of Mutefekkir, Faculty of Islamic Sciences is the property of Aksaray University, Faculty of Islamic Sciences 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 purpose of this article is to identify the differences in attitude and the tendency of the Employees Provident Fund (EPF) contributors in nominating wasi (executor) based on factors such as monthly income, level of education and marital status. This is an exploratory study that utilizes questionnaire as the research instrument. A total of 566 Muslim EPF contributors in Selangor have been selected as the research samples (purposive). Data are processed and analyzed using IBM statistical software, SPSS version 20. The attitudes towards the nomination of executor have been identified to include three elements namely; the attitude in the appreciation of goodwill, the attitude towards the sense of responsibility and attitude in the technical sense. However, the tendency in action or behaviour is represented by one element only. The findings show that there is a difference between attitudes and tendency in the nomination of executor among Muslim contributors with regard to marital status. The findings also show that there is a significant difference in attitude among the contributors with regard to monthly income while for the tendency of action there is a significant difference with regard to the level of education. Contributors who are already married have a more positive attitude towards the nomination of executor and they indicate a higher tendency to nominate executor compared to contributors who are still single. This could be influenced by the contributors' experience and sources of information that they are exposed to, in addition to other factors such as having children and experiencing an unstable level of health. [ABSTRACT FROM AUTHOR]