Open Journal for Legal Studies最新文献

The Duty of the Israeli Police to Warn a Suspect About His/her Right to Remain Silent Due to the Israeli Basic Law on Human Dignity and Freedom 以色列警察根据《以色列人的尊严和自由基本法》警告嫌疑人有权保持沉默的责任

Open Journal for Legal Studies Pub Date : 2024-04-23 DOI: 10.32591/coas.ojls.0701.01001p

Michael Pilyavsky

引用次数: 0

General Provisions of Digital Property Law and How to Categorize Digital Assets 数字财产法的一般规定以及如何对数字资产进行分类

Open Journal for Legal Studies Pub Date : 2024-01-04 DOI: 10.32591/coas.ojls.0602.02049m

R. Maydanyk

{"title":"General Provisions of Digital Property Law and How to Categorize Digital Assets","authors":"R. Maydanyk","doi":"10.32591/coas.ojls.0602.02049m","DOIUrl":"https://doi.org/10.32591/coas.ojls.0602.02049m","url":null,"abstract":"This article deals with general provisions of digital property law and categorization of digital assets. Distributed data storage technologies and their applications have created a market for digital assets, forming a new intangible, digital type of property. The formation of digital property law, which is becoming increasingly important, is based on the functional approach of implementing digital assets as property into the law, which necessitates a rethinking and transformation of property law, similar to the transition from exclusively tangible objects of property rights to intangible objects such as intellectual property, as well as from securities and documents of title (bill of lading, bill of exchange) in paper form to fully dematerialized securities, electronic documents of title, and online accounts as property. The transformation of property law for the purposes of digital assets is based on the implementation of new, sui generis property rights and the extension of rules on property rights to objects that were not previously objects of law or were created for obligatory claims, as a result of which objects arising from actual or contractual relations acquire a in rem and quasi-in rem legal regime. Starting with an overview of the concepts of property law of digital assets, the article then discusses the concept of property, and then the concept of digital assets, their nature and classification of the main types of digital assets as property. The formation of digital property law inherent in modern law is a global trend characterized by the gradual recognition of certain types of digital assets as property and the creation of functional equivalents of possession, legal titles and remedies that are inherent in traditional property law, taking into account the intangible nature of digital assets. The author of this research starts with an overview of the general provisions of property law and digital property law, the article then discusses general provisions categorizing of digital assets, and categorizing types of digital assets.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"8 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139386768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Exploring the Nexus between Corporate Governance and Alternative Dispute Resolution in Nigeria 探讨尼日利亚公司治理与替代性争议解决之间的关系

Open Journal for Legal Studies Pub Date : 2023-08-21 DOI: 10.32591/coas.ojls.0601.03017o

Aderemi Oyebanji, Adeola Omotunde, O. Abifarin

引用次数: 0

Enhancing Rule of Law and Social Justice with the Principles of Separation of Power in Nigeria 以权力分立原则加强尼日利亚的法治和社会正义

Open Journal for Legal Studies Pub Date : 2023-05-03 DOI: 10.32591/coas.ojls.0601.02007a

Oladoyin Awoyale

引用次数: 0

History оf Telecommunication Law in Nigeria 历史:尼日利亚电信法

Open Journal for Legal Studies Pub Date : 2023-04-14 DOI: 10.32591/coas.ojls.0601.01001k

Adeola Olufunke Kehinde

{"title":"History оf Telecommunication Law in Nigeria","authors":"Adeola Olufunke Kehinde","doi":"10.32591/coas.ojls.0601.01001k","DOIUrl":"https://doi.org/10.32591/coas.ojls.0601.01001k","url":null,"abstract":"The telecommunications sector is a significant contributor to the global economy and is vital to the competitiveness of the economy. Market liberalization’s goal and objective encompasses both general economic growth and the advantages to consumers of lower pricing, more service options, higher service quality, and a wider selection of products. As a means of enacting regulatory changes in the telecommunications sector, telecommunications regulation is of the utmost importance. In the telecommunications sector, regulatory reform has become a crucial area. For regulatory reforms to be successful, regulatory regimes must be transparent, consistent, and all-encompassing, encompassing everything from setting up the right institutional framework to liberalizing network industries, promoting and enforcing competition law and policy, and opening both internal and external markets to trade. This article examines the historical background of telecommunications in Nigeria is traced. It examines several developments that have taken place in the Nigerian telecommunications industry. It further examines several regulatory regimes in the Nigerian telecommunications industry prior to Nigeria’s independence in 1960 and post-independence till 2003.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117112829","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Role of Working Bodies of Parliaments in Legislative Procedures 议会工作机构在立法程序中的作用

Open Journal for Legal Studies Pub Date : 2022-12-27 DOI: 10.32591/coas.ojls.0502.02057t

Jelena Trajkovska-Hristovska

{"title":"The Role of Working Bodies of Parliaments in Legislative Procedures","authors":"Jelena Trajkovska-Hristovska","doi":"10.32591/coas.ojls.0502.02057t","DOIUrl":"https://doi.org/10.32591/coas.ojls.0502.02057t","url":null,"abstract":"The demand for rationalization of the work of parliaments and their greater efficiency leads to an increased activity of their working bodies. In the modern world, the task and the role of the working bodies of parliament (committees and commissions) in the legislative procedure is very important. As part of the structure of the modern parliaments, the working bodies are competent to carry out procedures that precede the enactment of the submitted legislative proposal (bill). The work of the working bodies (committees and commissions) in the legislative procedure covers the review of the proposed law and its amendments from the aspect of their purposefulness and from the aspect of fulfilling the formal requirements that the bill should fulfil, giving opinions and suggestions about the proposed solutions in the legislative proposal, and submission of amendments in order to improve the legal text. This paper will elaborate on the position and role of the working bodies in the legislative process in the USA, the United Kingdom and Switzerland. A special review will be given to the types of working bodies involved in the legislative process in the parliaments of the aforementioned countries, their manner of work and their influence in the improvement of the bill.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"15 2 Pt 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116852830","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

What Obligations do Developed Countries Have to Assist Developing Countries in Adapting to and Mitigating Global Warming? 发达国家有什么义务帮助发展中国家适应和减缓全球变暖?

Open Journal for Legal Studies Pub Date : 2022-09-10 DOI: 10.32591/coas.ojls.0501.03019d

Temesgen Abebe Degu

引用次数: 0

Factors that Encourage the Implementation of Alternative Dispute Resolution Between Indigenous Peoples and Corporations in Indonesia 鼓励在印度尼西亚土著人民和公司之间实施替代性争端解决办法的因素

Open Journal for Legal Studies Pub Date : 2022-08-11 DOI: 10.32591/coas.ojls.0501.02011s

Erwin Syahruddin, M. Fadli, Rachmad Safa’at, Istislam Istislam

引用次数: 0

Legal Issues of Children’s Personal Data Protection 儿童个人资料保护的法律问题

Open Journal for Legal Studies Pub Date : 2022-07-31 DOI: 10.32591/coas.ojls.0501.01001s

Daria Smyr, Ekaterina Ulianova

引用次数: 0

Peculiarities of Usufruct in the Countries of Roman-German Law: Implementation of Best Practice in Ukrainian Law 罗马-德意志法系国家用益物权的特殊性:乌克兰法最佳实践的实施

Open Journal for Legal Studies Pub Date : 2021-11-10 DOI: 10.32591/coas.ojls.0402.02061m

R. Maydanyk, N. Maydanyk, Natalia R. Popova

{"title":"Peculiarities of Usufruct in the Countries of Roman-German Law: Implementation of Best Practice in Ukrainian Law","authors":"R. Maydanyk, N. Maydanyk, Natalia R. Popova","doi":"10.32591/coas.ojls.0402.02061m","DOIUrl":"https://doi.org/10.32591/coas.ojls.0402.02061m","url":null,"abstract":"The article examines the features of usufruct in the European countries of Romano-Germanic law, determines the terms for the implementation of the best European practice of usufruct in the law of Ukraine. The law of European countries of continental law recognizes the usufruct as a real right of personal possession for use, which is considered an independent real right to another's property or a kind of easement. The peculiarities of usufruct in some countries of Romano-Germanic law, in particular in Germany, France, Georgia, Moldova and Russia, are researched. The peculiarities of usufruct in some countries of Romano-Germanic law, in particular in Germany, France, Poland, the Netherlands, Switzerland, Georgia, Moldova and Russia, are researched. The issues of usufruct implementation in the law of Ukraine are considered. The issues of usufruct implementation in the law of Ukraine are considered. The authors came to the conclusion that it is necessary to introduce the institute of usufruct into the Ukrainian law by supplementing the Civil Code of Ukraine with a new chapter “Uzufruct”, the framework provisions of which are proposed in this paper.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116261395","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0