De Jure最新文献

{"title":"The Relation Between Aim and Intention","authors":"Petar Petrov","doi":"10.54664/hkgq7678","DOIUrl":"https://doi.org/10.54664/hkgq7678","url":null,"abstract":"In this article an attempt has been made to establish the relation between aim and intention via the method of comparison. This would be a useful contribution to the needs of the theory and practice of criminal law.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"145 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88084417","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}

{"title":"Enforcement of Administrative Contracts","authors":"Maria Danailova","doi":"10.54664/dnzi4433","DOIUrl":"https://doi.org/10.54664/dnzi4433","url":null,"abstract":"The signing of the administrative contract presupposes voluntary performance of the obligations assumed by it. In case of non-performance, there is coercive enforcement. This article examines the questions concerning the legal mechanisms of how this should be done; how the legislator regulates the performance of administrative contracts in the Bulgarian Code of Administrative Procedure and in special laws, and addresses the issue of jurisdiction over disputes about performance; and why the provision of Art. 128, item 3 of the Code governs requests for the performance of administrative contracts in the existence of а coercive enforcement procedure under the Code. The article justifies the assumption that, even in the field of administrative contract enforcement, the administrative authority is not an equal partner in finding solutions to satisfy the public interest, but remains a counterparty in a dominant position.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"101 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76465082","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}

{"title":"On Some Issues of the Electronic Slip","authors":"Ilmira Ilieva","doi":"10.54664/nfzp8644","DOIUrl":"https://doi.org/10.54664/nfzp8644","url":null,"abstract":"This article considers some main issues about the electronic slip. It attempts to clarify the legal nature of the electronic slip. The specific features about the form, content, requisites, and the procedure for issuing an electronic slip are analyzed. A distinction is made between an electronic slip, an act for establishing an administrative offence, and a penal decree, emphasizing the peculiarities of the electronic slip. Practical questions regarding electronic slips are discussed, and proposals for improvement of the legislation are made.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85362144","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}

{"title":"The New Subjects of Law – Are Artificial Intelligence Systems Already among Us?","authors":"Diana Kovacheva","doi":"10.54664/brem6290","DOIUrl":"https://doi.org/10.54664/brem6290","url":null,"abstract":"The study explores the issue of legal personality and liability of artificial intelligence (AI) systems. A real AI should have a will and self-awareness, but, at this point, there are mainly systems with a collective “cloud” intelligence that is located outside of them, supported by people (Sofia, the chatbot Miraya, the chatbot Tai, the xenobots). It is important to be clear about the fact whether robots are still only a “means”, a “tool” that facilitates human life, or whether they already have qualities that make them independent entities. Currently, AI systems are treated as objects of law. Granting legal personality similar to that of legal entities is not a solution as well because of their specific nature. If, in the future, intelligent systems become independent and emancipated from the human beings that created them, they could be considered a new specific subject – a legal person sui generis. The regulatory framework of international organizations in this area already places robots in the category of “electronic person” (EU) and binds their legal status to the protection of basic human rights. At this point, a number of practical issues are yet to be resolved – identifiability, establishment of a register, and up-to-dateness of the data in it. The possible granting of legal personality to AI systems, even specific or limited one, raises the question of the rights of robots themselves (procedural legal capacity, property rights, labour rights, tax legal personality), as well as of the responsibility for damages and their compensation. One of the most important issues in the development of intelligent machines is the extent to which we should allow them to make autonomous or automated decisions. Algorithms, which are initially set and related to the protection of fundamental human rights, should be stable, or “locked” for changes by artificial intelligence systems in the context of their improvement and self-learning. The issue of human control is important, especially in cases where decisions might affect human life, health, and social support. The rapid development of digital technologies should make us think about a future in which AI systems can deviate so much from the basic algorithms set by humans that joint and individual financial liability can be reached. The theory also discusses the issue of the applicability of criminal liability to robots.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"45 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74000616","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}

{"title":"Serious Cases of Homicide: Historical Development of the Regulation in Bulgaria","authors":"Atanas Marinov","doi":"10.54664/jebp5385","DOIUrl":"https://doi.org/10.54664/jebp5385","url":null,"abstract":"The article examines the development of the legal framework of homicide as a crime in Bulgarian criminal law from the Liberation to the present day. The paper considers mainly serious cases of this crime, part of the legal framework in the specific time period.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"87 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81153421","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}

{"title":"The drive towards certainty: a short reflection on \"law is/as code\", complexity, and \"the uncontract\"","authors":"Yvonne Yooste","doi":"10.17159/2225-7160/2022/v55a9","DOIUrl":"https://doi.org/10.17159/2225-7160/2022/v55a9","url":null,"abstract":"Increasingly, technology is used in the enforcement of legal rules. These changes, in addition to establishing new forms of regulation, have implications for the future functioning of the legal system. Most of the current debates around technology’s impact on existing legal frameworks centre around self-driving cars and aspects of liability. Other popular examples include the United States’ No Fly List that relies on data mining for predictive analysis regarding potential national security threats as well as the use of computer algorithms in judicial decisions relating to criminal sentencing and parole. In the South African context, there are plans to use smart technology including facial recognition to keep law and order (Swart “Eye on Crime” Daily Maverick 2021-03-03). In this regard, many computer scientists as well as those in the field of critical algorithm studies have pointed to the possibilities of false arrests, discrimination, and the targeting of innocent citizens by using technologies that reflect prejudice and bias rather than eliminating it. Further, technologies such as Blockchain and Machine Learning is progressively moving into the law’s domain (Hassan and De Filippi “The Expansion of Algorithmic Governance: From Code is Law to Law is Code” 2017 Field Actions Science Report 89). For example, “smart contracts” are contracts that transpose legal and contractual provisions into a blockchain based agreement that guarantees execution (as above).","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79775749","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}

{"title":"The dilemma of gender inequality in the delict of seduction: A Zimbabwean perspective and some lessons from South Africa","authors":"Priccilar Vengesai, Sibongumuzi Zibusiso Mnkandhla","doi":"10.17159/2225-7160/2022/v55a7","DOIUrl":"https://doi.org/10.17159/2225-7160/2022/v55a7","url":null,"abstract":"In Zimbabwe, the delict of seduction has two species, namely seduction under common law derived from Roman-Dutch law and seduction under customary law. The universal feature in these species is that they were both conceived in patriarchal societies marred with gender inequalities. These inequalities were exhibited, inter alia, in stiffer sexual mores being imposed on women. In these societies, men allotted property rights to themselves over the sexuality of women who were perpetually under their tutelage. Conceptually, it is argued that the delict of seduction is a legal incarnation of these gender inequality-stricken notions. This paper unmasks the plethora of prejudices, challenges and gender inequalities which are engineered by the delict of seduction during litigation and draws on hegemonic masculinity in patriarchal societies as a theoretical framework.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78032723","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}

{"title":"Adjudicative subsidiarity, the \"horizontality simpliciter\" approach and personality rights: Outlining an integrated and constitutional reading strategy to the law of personality","authors":"C. Visser","doi":"10.17159/2225.7160/2022/v55a8","DOIUrl":"https://doi.org/10.17159/2225.7160/2022/v55a8","url":null,"abstract":"This article argues that an integrated and constitutional approach to the law of personality is required, as multiple sources of law are applicable to the conception and adjudication of personality rights and these sources must give effect to constitutional imperatives related to the human personality. This article further argues that such an integrated and constitutional approach ought to be premised on the principle of adjudicative subsidiarity and the \"horizontality simpliciter\" approach (as constitutional reading strategies). Each of these strategies functions at different levels in the law of personality and provides a particular method of integrating legal sources, constitutional values, and fundamental rights to private relationships. At the macro level, denoting the interaction between various sources of law, the principle of adjudicative subsidiarity is aimed at identifying and prioritising sources of law to adjudicate a dispute between private individuals. At the micro level, denoting the application of a legal source between individuals in a private relationship, the horizontality simpliciter approach facilitates the application of both constitutional values and fundamental rights to such a source through its \"values.based\" and \"rights.based\" analyses. This article argues ultimately that the principle of adjudicative subsidiarity and the horizontality simpliciter approach are complementary in nature in the sense that both these reading strategies locate a cause of action in a non.constitutional source that is constitutionally developed through the application of constitutional values and fundamental rights. This complementariness is expressed in the positive law as follows: the principle of adjudicative subsidiarity determines which source of law is applicable to the adjudication of a particular personality right infringement whereas the horizontality simpliciter guides the development of the applicable source against constitutional values and fundamental rights.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83274487","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}

{"title":"Tackling the \"shadow pandemic\": the development of a positive duty on adults to report domestic violence","authors":"Ropafadzo Maphosa","doi":"10.17159/2225-7160/2022/v55a6","DOIUrl":"https://doi.org/10.17159/2225-7160/2022/v55a6","url":null,"abstract":"When disaster strikes women and young girls are often disproportionately affected in comparison to other societal groups. Over the past three years, it is women that have shouldered much of the burden that the pandemic placed on health and socio-economic conditions. In addition, the high incidence of violence against women during the pandemic has been alarming. Several studies have already been conducted to highlight the root causes of domestic violence. As such, this paper seeks to contribute to the discourse by examining the manner in which the pandemic has aggravated these factors in South African society. The central thesis here stems from the view that women should be recognised as a vulnerable group due to the high rate of femicide and domestic violence. In order to prevent further violence, there is a need for a combined effort from the state and its citizens. This paper, with reference to measures taken in other jurisdictions, seeks to advance the argument for a legal obligation on all adults to report knowledge of domestic violence. It is argued that not only would such a provision have served as an emergency when victims were unable to seek help during the national lockdown but incorporating such a provision into the law is likely to improve the efficacy of state responses to domestic violence. In response to numerous arguments against such a measure, this article will use psychological studies and case law to demonstrate the importance of mandatory reporting in society.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"265 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83508264","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}

{"title":"Emergence and Historical Development of the Extraordinary Procedure for Revision of Administrative Acts and Enforceable Court Rulings on Administrative Cases","authors":"Milena Zetova","doi":"10.54664/wmko8671","DOIUrl":"https://doi.org/10.54664/wmko8671","url":null,"abstract":"This report aims to present the emergence and historical development of the extraordinary procedure for revision of administrative acts and enforceable court rulings on administrative cases. It focuses on the origins of the resumption in modern Bulgarian law, dating back to the early 20th century, as well as on its evolution through the administrative procedure acts of 1912, 1934, 1970 and 1979 to the eventual adoption of the Code of Administrative Procedure which is currently in effect.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79111789","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}