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Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin 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 elaborates on the construction of protective rules in different periods of time, drawing upon provisions aimed at protecting intercessors. On the one hand, the ancient Roman Senatus Consultum Velleianum, its predecessors and its interpretation in the case law of classical jurists are addressed. On the other hand, the pertinent provisions of Austrian civil law [§§ 98 EheG, 41 EPG, 25a-d KSchG] and the OGH case law that draws upon § 879 (1) ABGB are being analysed. This paper, furthermore, puts forward three criteria for distinguishing between (adequate) “protection” and (discriminatory) “protectionism”– those being jurists’ reasoning, the purpose of the rule in question and the perspective(s) of the persons concerned – and shows how they may be fruitfully applied with regard to the above-mentioned provisions.

Copyright of Revista Internacional CONSINTER de Direito is the property of JURUA EDITORIAL 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 REMAH Journal is the property of Research & Development of Human Recourses Center (REMAH) 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 Antalya Bilim University Law Review is the property of Antalya International University 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 Arts Magazine is the property of Thamar University 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 tablets in the private archives of the Assyrian merchants unearthed at the Kültepe provide detailed information about their economic and social lives. Information about the period's business transactions through these tablets is also obtained. The three documents discussed here belong to the archive of Aššur-rē'ī and his son Pilah-İštar, which were found in the 1988 Kültepe excavation and are about applying for a guarantor. These documents, which have a specific pattern and are prepared in the presence of witnesses, are a kind of summons. If the debtor does not make the payment on time, the creditor applies to the guarantor, and this application is recorded. In this study, besides the examination of these three new tablets, information about the guarantee and "to give to a guarantor (ana ša qātātim tadānu)" in the Kültepe texts and the 1988 archive are presented. [ABSTRACT FROM AUTHOR]

The article is devoted to the topical issues of ensuring the payment of customs duties when goods are placed in the common transit regime, given that the Convention on the Common Transit Procedure will enter into force in Ukraine in 2022. The formation and development of the legislative framework for regulatory and legal regulation of ensuring the fulfilment of customs obligations are investigated. The level of interest of various stakeholder groups in the concepts of “bank guarantee” and “common transit” for 2019-2023 is determined by building trend line models for diagrams of the distribution of search queries. The most appropriate option for obtaining a guarantee service from such financial service providers as a bank, an insurer and a financial company is determined based on three criteria: the right to issue a general guarantee, the cost of the guarantee service, and the stability of functioning in the financial services market.

Copyright of Journal of Humanities & Social Sciences Studies (JHSSS) is the property of Al-Kindi Center for Research & Development 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.)

Thông tư 07/2015/TT-NHNN về Bảo lãnh ngân hàng đã tạo ra một cơ sở pháp lý thông thoáng cũng như làm cho các quy định của Việt Nam về bảo lãnh tiệm cận với các quy tắc quốc tế mới nhất về bảo lãnh theo yêu cầu của Phòng Thương mại Quốc tế là URDG758 ICC 2010. Tuy nhiên, trong quá trình thực hiện đã xuất hiện nhiều bất cập của Thông tư này. Bài viết sử dụng các phương pháp phân tích, tổng hợp, đối chiếu, so sánh luật nhằm chỉ ra và đề xuất hướng sửa đổi một số bất cập của Thông tư 07/2015/TT-NHNN liên quan đến các vấn đề như: khái niệm bảo lãnh ngân hàng, vấn đề sử dụng ngôn ngữ trong cam kết bảo lãnh ngân hàng, tính độc lập của cam kết bảo lãnh, về thời gian kiểm tra văn bản yêu cầu thực hiện nghĩa vụ, về nghĩa vụ của bên nhận bảo lãnh, quan hệ giữa hợp đồng cơ sở và cam kết bảo lãnh, vấn đề chuyển nhượng cam kết bảo lãnh. Từ khóa: Bảo lãnh ngân hàng, Cam kết bảo lãnh, Bên bảo lãnh, Bên được bảo lãnh, Bên nhận bảo lãnh

As stated in the last phrase of the Article 249 of the Commercial Code of Iran, the guarantor has only joint liability with the person to whom the guarantee is given. This has limited the scope of guarantor's liability and enables him/her to rely on objections on which the principal debtor can also rely. Nevertheless, the question that is raised in the scope of guarantor's liability and its limitation to the liability of the creditor is: in case of the principal debtor's incapacity or his signature being forged, can the guarantor, too, as for the last part of aforementioned Article consider himself/herself exempt from liability? The Iranian law legislators did not provide a clear answer to the above question, but the French Law and the Geneva Convention and UNCITRAL, meanwhile accepting independence for guarantor's liability, maintain that the guarantor alongside the other signatories has a joint liability. In the Iranian Law, despite the silence of the legislators, one may consider this solution: in the engagement per se, there is no subjacency. Thus in case of signature forgery of the principal debtor or his incapacity, guarantor's engagement, although independently, finds actuality and as an exception to the decree of the last part of Article 249 of the Commercial Code, although the principal debtor in these suppositions has no liability for the holder of commercial instrument, the guarantor is obligated to pay the money.

Copyright of Inonu University Law Review / İnönü Üniversitesi Hukuk Fakültesi Dergisi is the property of Inonu University Law Review (IULR) 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 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.)

The article is devoted to one of the oldest legal institutions – the Institute of notaries. Throughout the history of the state and law development, notaries have been an integral part of the legal system of most countries, since the functions performed by notaries are objectively demanded by society. Almost all research authors agree that the entire history of the notary goes back to Ancient Rome. Some authors-researchers note that analyzing the history of the emergence of the notary, you should pay attention to the legal monuments of Ancient Babylon, namely the Laws of Hammurabi. Of particular interest, according to researchers, is the fact that even at that time, transactions in writing were made on clay tablets according to strictly defined rules. There are two main notary systems in the modern world. This is Latin and Anglo-American. The authors note that certain stages of the development of the Institute of notaries in Kazakhstan coincide with the development of notaries in Russia. Since 1991, the path of development of the Kazakh notary in an independent, sovereign state has begun. And also consider the historical facts that provide the use of writing to make a deal.

Copyright of Selcuk Law Review / Selçuk Üniversitesi Hukuk Fakültesi Dergisi is the property of Selcuk Law Review 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 last few decades have seen a proliferation of constitutional institutions, especially in the Global South, that do not neatly fit within any of three traditional branches of the state. These supposedly 'fourth branch' institutions may include electoral commissions, human rights commissions, central banks, probity bodies such as anti-corruption watchdogs, knowledge institutions such as statistics bureaus and census boards, information commissioners, auditors general, attorneys general and so on. In this paper, I will argue that some of these new institutions are best understood as "guarantor institutions". I will show that in a given political context, a guarantor institution is a tailor-made constitutional institution, vested with material as well as expressive capacities, whose function is to provide a credible and enduring guarantee to a specific non-self-enforcing constitutional norm (or any aspect thereof). Section I explains why polities need credible and enduring guarantees for specific norms, and claims that the expertise, independence, and accountability of guarantor institutions are likely to be key ingredients that determine their effectiveness in serving that purpose. It also argues that constitutional entrenchment of the guarantor institution is entailed in the independence requirement. Section II shows that in order to credibly and enduringly guarantee a norm, certain primary and secondary duties need to be discharged by relevant actors in relation to the norm's content as well as its impact. It further argues that while some of these duties may be performed by institutions that possess expressive capacity alone (roughly, the capacity to speak, express, communicate), others require material capacity (i.e. the physical capacity to effect material changes in the world). Guarantor institutions, unlike integrity institutions, can shoulder primary as well as secondary duties. Furthermore, they are typically vested with expressive as well as material capacities, which is key to their classification-defying hybridity. Section III argues that guarantor institutions are constitutionalised in two respects: the norm they seek to guarantee is constitutional, and the institution itself has constitutional status. What matters for a norm or institution to be constitutional is that it is entrenched, i.e. protected from change from the ordinary political and legal processes of the polity to some extent. It is their doubly constitutional character that distinguishes guarantor institutions from ordinary regulators. Section IV explains how some constitutional norms are non-self-enforcing, in the sense that powerful actors are likely to have the will as well as the capacity to frustrate or erase them. It also shows that the three traditional branches, whether acting severally or jointly, cannot provide a credible and enduring guarantee to all non-self-enforcing constitutional norms. Hence the need for constitutional guarantor institutions. Section V highlights that guarantor institutions are typically tailor-made to guarantee specific constitutional norms. Their specificity has important consequences for their internal design and their mode of functioning, which distinguish them from key institutions in the three traditional generalist branches. Section VI concludes. Attention to guarantor institutions by constitutional scholars may help the discipline escape its blinkered worldview, which sees judicial review as the only game in constitution-town. [ABSTRACT FROM AUTHOR]

Copyright of Marmara University Journal of Turkology / Marmara Türkiyat Araştırmaları Dergisi is the property of Marmara University 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 deals with the issue of the limits of the obligation of the guarantor, i.e. the person who is under a specific legal obligation to prevent a criminal effect, on the basis of substantive criminal law. The author considers whether the limits of this obligation are in any way limited with regard to a person performing the profession of a doctor. For this purpose, she analyses the provisions of the Act on the Professions of a Doctor and Dentist and the Code of Medical Ethics and the provisions of the Penal Code. Then, referring to the achievements of the criminal law doctrine, she distinguishes particular types of risk. The article ends by providing an answer to the question of whether the doctor is obliged to save the health or life of the patient if this involves exposure to personal danger. [ABSTRACT FROM AUTHOR]

Copyright of Annals of Juridica Sciences / Roczniki Nauk Prawnych is the property of Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawla II 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 document reflects on the articulation of bioethics in the construction of the new citizen that Colombia needs, regarding the events that arise with the signing and implementation of the peace process that is being carried out in the country. Urgently requires the formation of “new” Colombians who will be part of a rebuilt society and culture, who will be able to address the challenges that will be had in Colombia to achieve peaceful coexistence.In the development of the document, aspects of linking bioethics with the formation of citizens who are able to live harmoniously among each other are addressed, despite the diversity of opinion, culture, political ideas and religious beliefs, Colombians responsible and committed to The reconstruction of the country and the search for ways of social cooperation; Men and women who can live in balance with nature, recognizing that they are part of the ecosystem and therefore show respect for the environment in which they live. Emphasis is placed on the need to implement the statements of Unesco’s Universal Declaration on Bioethics and Human Rights, as well as on the Goals of Sustainable Development, as well as proposals from important contemporary thinkers who have made great contributions in search of peace World, such as Nelson Mandela, among others.

This study explores the idea of Islamic banks requesting for collateral or guarantee when financing, the rationale for requesting loan security, and its acceptability from Islamic perspectives. The study reviewed the previous literature and Islamic injunctions to study and justify the use of collateral and guarantor to hedge the risk of financing default. It is found that Islamic banks like conventional banking system encourage requesting loan security to ensure borrowers’ commitment and protect investors’ wealth. Despite its effect on loan rejection, secured loans are found to be recovered more easily than unsecured loans. Government and Islamic banks are therefore advised to device mean for helping small-scale businesses to access financing, through credit guarantee schemes and participatory financing mechanisms, to enhance financial inclusion.

In the article the legal nature of the bank guarantee, legal status of subjects of the legal relationship arising in connection with its delivery, features of application of the bank guarantee as one of ways of ensuring payment of the customs duties, taxes in the cases established by the Customs code of the Customs union is considered.

Copyright of Court Case Times 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 Justice and Peace Law brought concrete demobilization actions, the seeking of truths, the reparation of victims and the establishment of a differential way of justice as ways of facing the complexities of the proposal. For the first time in Colombia’s peace process history did the victims play an important role, making adjustments to the state and legislation guaranteeing their attention and reparation. This work focused on the rights victims of the armed conflict have to be compensated by their victimizers. Based on the analysis of the jurisprudence produced by the different processes, the report from the victims unit, from prosecution documents, and other documents the Historical Memory Group has compiled, as well as the experience gained from the work field, the way reparation is carried out is analyzed within this law’s framework, identifying the challenges not only for other laws but for the state. By identifying the flaws, it is hoped to shed some light into what could happen during the development of the peace process with the FARC and other peace processes in the country.

The results of research on the linguistic marking of epistemic responsibility of the subject of political discourse are presented. The material is the speech of the elected President of the United States D. Trump at a press conference on 11 January 2017. The study was conducted using the methods of linguistic description, discourse, quantitative and content analysis. Two types of use of evidence-epistemic markers in the speech of a politician are identified. The first type of markers is focused on epistemic responsible representation of information, that is actually the marking of epistemic responsibility. It is shown that in this case there is a decrease or increase in epistemic responsibility through the use of indicators of problematic or categorical reliability, primarily predicates of views in the main part of the complex sentence and epistemic adverbs with the semantics of possibility / probability or confidence. The second type of markers involves manipulating the mind of the recipient. It is shown that in this case the markers of indirect evidentiality based on external unspecified source of information are used for the purpose of blurring of the guarantor or confirming the accuracy of statements, giving the information as included in the general fund of knowledge of the recipient and addressee, as well as presenting opinions as factual statements.

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 Revista Pensamiento Americano is the property of Corporacion Universitaria Americana 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 Inonu University Law Review / İnönü Üniversitesi Hukuk Fakültesi Dergisi is the property of Inonu University Law Review (IULR) 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 Türkiye Adalet Akademisi Dergisi is the property of Justice Academy of Turkey 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.)

We propose a construction of the modulus of the RSA public keys for decentralized public-key trust generation like Web-of-Trust, where the modulus has inside structure. The first function of the structure is that it enables a peer to verify that the owner of the public key certainly generated the corresponding secret key. The second function is to tie up the public key with the owner's identity as well as her guarantors identities. Our construction is based on the modified version of the Lenstra's algorithm, by which a related second public key and the identity strings are embedded into the RSA modulus. The second public key is of the elliptic-curve cryptosystem (ECC) which has almost equivalent security level to the RSA cryptosystem. Our construction is applicable to a peer-to-peer network equipped with the blockchain of "consortium" and "trusted" type to yield a flat network that does not depends on PKI of the X.509 type. [ABSTRACT FROM AUTHOR]

This paper highlights the issues arising from an obligation such as surety. Under the provisions of the Polish Civil Code, the legal position of a guarantor is closely related to non-legal factors. The ambiguity and uncertainty of the status of a guarantor are even greater due to the variability in time of the normative construction of a surety. Therefore, in addition to the measures available in law, a certain counterweight, such as the general public values, is necessary to address this state of affairs. The most widely understood trust, being the necessary condition for the proper development of a modern democratic state of law, may undoubtedly play that role.

Copyright of Türkiye Adalet Akademisi Dergisi is the property of Justice Academy of Turkey 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 Academia & Derecho is the property of Universidad Libre - Seccional Cucuta 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 Revista da Faculdade de Direito da Uerj is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) 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 Grafía is the property of Universidad Autonoma de Colombia, Facultad de Ciencias Humanas 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 present study focuses on some of the controversial issues relating to the legal status of the guarantor such as the relationship between the security and the commisoria lex clause, the consideration of the guarantor as a consumer and, as a consequence, the application of consumer's protection regulation, more particularly the existing jurisprudece about the qualified control of transparency of ground clauses and the consequences of their unfairness. Additionally, it analyzes whereas we can talk of consumers in double purpose contracts, how the qualified control of transparency does not apply to non-consumer preformulated standard contracts and the moulding function of the principle of good faith in situations of imbalance or abuse from one of the contractual parties. [ABSTRACT FROM AUTHOR]

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet 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.)