De Jure Pub Date : 2023-07-01 DOI: 10.54664/mtrm1127

引用次数: 0

On Some Issues about the Administrative Violations under Art. 218 b of the Bulgarian Criminal Code 关于保加利亚刑法第218 b条规定的行政违法行为的若干问题

De Jure Pub Date : 2023-07-01 DOI: 10.54664/iyll1475

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The Absolute Statute of Limitations (Interpretations and Legal Gaps) 绝对诉讼时效(解释与法律空白)

De Jure Pub Date : 2023-07-01 DOI: 10.54664/hdlc5738

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On Certain Aspects of the Additional Protection of Unaccompanied Minors in the Republic of Bulgaria 关于保加利亚共和国境内举目无亲未成年人额外保护的某些方面

De Jure Pub Date : 2023-07-01 DOI: 10.54664/kfaz1501

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Restriction of the Right to Work under Art. 111 of the Bulgarian Labour Code: Grounds, Content, and Legal Consequences 根据《保加利亚劳工法》第111条限制工作权利:理由、内容和法律后果

De Jure Pub Date : 2023-07-01 DOI: 10.54664/ddpq7519

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The use of vicarious liability in environmental law to enhance the legal conservation status of birds of prey 在环境法中运用替代责任，提高猛禽的法律保护地位

De Jure Pub Date : 2023-06-28 DOI: 10.17159/2225-7160/2023/v56a5

J. Knobel

{"title":"The use of vicarious liability in environmental law to enhance the legal conservation status of birds of prey","authors":"J. Knobel","doi":"10.17159/2225-7160/2023/v56a5","DOIUrl":"https://doi.org/10.17159/2225-7160/2023/v56a5","url":null,"abstract":"Vicarious liability has been introduced in Scottish environmental law to strengthen the fight against wildlife crime, in particular against birds of prey. Accordingly, landowners can now incur liability for wildlife crime perpetrated by the landowners' employees. Conservation organisations have lauded this development, and this raises the question of whether a similar application of vicarious liability in South African environmental law could enhance the legal conservation status of birds of prey. Vicarious liability is well established in the South African law of delict but is controversial in the context of criminal law. South African environmental law already makes provision for a form of vicarious liability, inter alia also against wildlife crime, but this liability is not strict like the traditional form of vicarious liability known in the law of delict and can accordingly only be referred to as vicarious liability in a wider sense. Unlike traditional strict vicarious liability, which is regarded as undesirable in criminal law by the courts and authors, the wider form of vicarious liability in environmental law may well pass constitutional muster. Nonetheless, the direct liability of a landowner, based on a statutory legal duty to prevent the perpetration of wildlife crime by its employees, would arguably be a more satisfactory solution.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74255142","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}

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The extraordinary in the ordinary: the devil is in the (sometimes unexpected) details of section 34 of the Insolvency Act 24 of 1936 and the actio Pauliana 平凡中的不平凡:魔鬼存在于1936年《破产法》第34条和Pauliana行动(有时出人意料)的细节中

De Jure Pub Date : 2023-06-28 DOI: 10.17159/2225-7160/2023/v56a4

Alastair Smith

{"title":"The extraordinary in the ordinary: the devil is in the (sometimes unexpected) details of section 34 of the Insolvency Act 24 of 1936 and the actio Pauliana","authors":"Alastair Smith","doi":"10.17159/2225-7160/2023/v56a4","DOIUrl":"https://doi.org/10.17159/2225-7160/2023/v56a4","url":null,"abstract":"A recent case offers an opportunity to consider two types of impeachable dispositions in insolvency law. One is the transfer of a trader's business under section 34(1) of the Insolvency Act, and the other is the common-law actio Pauliana from which the entire law of impeachable dispositions derives. In the first place, the nature of the application is characterised as an attempt to reverse the transfer of the business and assets. A common feature of section 34(1) and the actio Pauliana is spotted: they straddle sequestration or winding-up. Compliance with sections 34(1) and (2) of the Insolvency Act is discussed, and the trader's celebration of doing so is then ruined by the pervasive menace of the actio Pauliana, the defence of necessity supplying a sword to cut the Gordian knot. The central insight of the judgment about section 34(1) - the relative meaning of the word \"void\" - is shown to be well-articulated by a widely followed juristic insight into administrative validity. Some of the finer details of the ambit of the word \"void\" are then teased out. The uneasy relationship between section 34(1) and sections 26, 29, 30, and 31 of the Insolvency Act and the actio Pauliana is explored, and an answer to a dilemma over the application of section 34(1) ventured. As for applying the requirements of the actio Pauliana to the facts, a comprehensive, nuanced approach considering both the two relevant possibilities is proposed, rather than the single choice plumped for in the judgment apparently because it is the more usual one. The closing remarks underline the wisdom of thoroughly planning, discussing, and creating a Plan B for the client in the pleadings and executing the procedural requirements and administration.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84140601","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 Constitutional disqualification for unrehabilitated insolvents from being members of Parliament 宪法规定，未恢复破产的人不能成为国会议员

De Jure Pub Date : 2023-06-28 DOI: 10.17159/2225-7160/2023/v56a3

Zingapi Mabe

引用次数: 0

LH v ZH 2022 (1) SA 384 (SCA) - Should section 18(a) of Matrimonial Property Act 88 of 1984 apply to all spouses in a marriage in community of property, irrespective of when the non-patrimonial damages were received? LH v ZH 2022 (1) SA 384 (SCA) - 1984年第88号婚姻财产法第18(a)条是否适用于财产共同婚姻中的所有配偶，无论何时收到非遗产损害赔偿?

De Jure Pub Date : 2023-06-28 DOI: 10.17159/2225-7160/2023/v56a6

Kathleen Nthabiseng Monareng

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Mshengu v Estate Late Mshengu 9223/2016P - Considering the ownership of house property in customary law Mshengu v Estate已故Mshengu 9223/2016P -考虑到习惯法中的房产所有权

De Jure Pub Date : 2023-06-28 DOI: 10.17159/2225-7160/2023/v56a2

F. Osman

引用次数: 0

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