Juridica International最新文献

{"title":"Is Full Preference for a Secured Claim in Insolvency Proceedings Justified?","authors":"Anto Kasak","doi":"10.12697/ji.2019.28.13","DOIUrl":"https://doi.org/10.12697/ji.2019.28.13","url":null,"abstract":"Secured claims have priority over other claims in the event of debtor insolvency with respect to the distribution of the debtor’s encumbered assets. Numerous writings have discussed the necessity of security instruments in the context of growth and development of the economy. Credit is indeed necessary for the economy’s development, but, at the same time, credit is the cause of insolvency. This can be put another way: efficient credit develops the economy, while inefficient credit causes insolvency. The author argues on this basis that restriction of the secured creditor’s rights in insolvency proceedings means not less credit but more effective credit. A security-holder whose rights are limited is going to lend more responsibly and monitor the activity of the debtor more intensively and effectively, because the risk of loss would otherwise increase. Better monitoring should lead also to earlier intervention by the secured creditor in the actions of the debtor, which can be expected to increase the number of cases of rescue of debtors headed for insolvency. The author suggests the option of removing a small amount from the secured creditor and distributing it among the unsecured creditors to make the credit system more efficient and reduce injustice. Implementing this option would not harm the interests of the secured creditor as much as it helps to render the whole system more efficient. ","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49261179","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":"What Safety are We Entitled to Expect of Self-driving Vehicles?","authors":"Taivo Liivak","doi":"10.12697/ji.2019.28.11","DOIUrl":"https://doi.org/10.12697/ji.2019.28.11","url":null,"abstract":"A manufacturer of self-driving vehicles could face claims involving assertions of the product’s defectiveness. Under the Product Liability Directive, a product is deemed defective when it does not provide the safety that a person is entitled to expect. Efforts to ascertain the possibility of defectiveness connected with a self-driving vehicle could necessitate evaluating the design of the vehicle, matters of human–machine interaction, and the role of the human in the relevant incident of damage. This article lays groundwork by considering the capabilities of self-driving vehicles, the role and expectations of human beings, and legislation aimed at ensuring safety and preventing damage. This discussion concretely situates the concept of the safety of self-driving vehicles in the context of product liability law, which is inherently preoccupied mainly with the consequences.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41459400","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 Use of Human Voice and Speech in Language Technologies: The EU and Russian Intellectual Property Law Perspectives","authors":"I. Ilin, Aleksei Kelli","doi":"10.12697/ji.2019.28.03","DOIUrl":"https://doi.org/10.12697/ji.2019.28.03","url":null,"abstract":" The article evaluates whether the Russian and EU copyright laws are mutually consistent in their treatment of voice and speech when used as input to the development of language technologies. The discussion is aimed at determining whether there are potential obstacles and legal risks in this regard for co-operation between language-technology developers from Russia and the EU, which could have an adverse impact on such collaboration.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42737308","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":"A Half-built House? The New Consumer Sales Directive Assessed as Contract Law","authors":"Kåre Lilleholt","doi":"10.12697/ji.2019.28.01","DOIUrl":"https://doi.org/10.12697/ji.2019.28.01","url":null,"abstract":"  The new Consumer Sales Directive (2019/771 EU) is a total harmonisation directive intended to make cross-border sales more attractive to sellers by ensuring that the level of consumer‑protection rules differs less among Member States. The legislation process resulted, however, in several exceptions to this approach of total harmonisation. These exceptions, coupled with the fact that the directive does not regulate the consumer’s obligations under the sales contract, means that sellers must still be prepared to grapple with considerable differences in the level of consumer protection when offering their goods to consumers in other countries than their own. The Europeanisation of contract law seems to remain a contentious arena. ","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43033509","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":"Arguments and Comments Presented during the Discussion of Dina Sõritsa’s Doctoral thesis The Health-care Provider’s Civil Liability in Cases of Prenatal Damages","authors":"A. Pereira","doi":"10.12697/JI.2018.27.16","DOIUrl":"https://doi.org/10.12697/JI.2018.27.16","url":null,"abstract":"The paper presents the main topics that arose in the discussion of the doctoral thesis The Health-Care Provider’s Civil Liability in Cases of Prenatal Damages, presented at the facilities of the University of Tartu Faculty of Law by its author, Dina Sõritsa. These topics are briefly dealt with from a comparative-law perspective and with special attention to European human-rights law. The discussion articulates and proceeds from the opinions the author presented as designated opponent for the public defence of the dissertation.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43573400","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":"Identification of Provoked State in Estonian County Court Rulings of 2006–2016","authors":"K. Kask, Liisa Tarkus, Alina Harkovskaja","doi":"10.12697/JI.2018.27.10","DOIUrl":"https://doi.org/10.12697/JI.2018.27.10","url":null,"abstract":"In certain cases, homicide, if committed in a state of sudden extreme emotional disturbance caused by violence or insult inflicted on the killer or a person close to the killer by the victim, can be classified as manslaughter in a provoked state. The article examines the extent to which Estonian county courts apply assessments by forensic psychiatry and psychology experts in their identification of provoked state. The sample, from rulings published in the State Gazette between 2006 and 2016, was composed of 84 county court rulings, from four districts in Estonia. It was found that in two thirds of cases, forensic psychiatry and psychology experts were consulted in assessment of the presence of provoked state. Also, region-specific differences in identifying provoked state were found. ","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48119916","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 Group Discussion ‘Practical Possibilities of Taking Living Wills into Consideration’","authors":"Juridica International","doi":"10.12697/ji.2018.27.15","DOIUrl":"https://doi.org/10.12697/ji.2018.27.15","url":null,"abstract":"","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49038652","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 General Data Protection Regulation and its Violation of EU Treaties","authors":"Mario Rosentau","doi":"10.12697/JI.2018.27.03","DOIUrl":"https://doi.org/10.12697/JI.2018.27.03","url":null,"abstract":"While the EU General Data Protection Regulation, which entered force on 25 May, is generally good and necessary in its vigorous protection of the fundamental rights of self‑determination and identity of European people, the article identifies a core issue that has gone unnoticed: the GDPR violates EU treaties. It is, at base, a ‘European law’, yet European laws are banned under the TEU and TFEU. The article examines the background for this conflict. The ambitious plan for ratification of 2003’s draft treaty establishing a constitution for Europe fell at the first hurdle in 2005. The draft Constitution envisaged a legislative innovation: the European law and European framework law, directly applicable in the Member States and superior to them. These legal instruments, envisaged as replacing EU regulations, could readily be cited as a major federalist pillar of the draft. Yet there would be no European laws – they were rejected with the draft constitution in the 2005 referenda, and the current treaties do not foresee any law-like European legislation. The author outlines the GDPR’s nature as a European law thus: the regulation 1) potentially concerns all residents of Europe, albeit by adding to the rights of individuals and protecting their freedoms; 2) addresses virtually all legal entities and undertakings acting, physically or through a network, in the European judicial area; 3) addresses the Member States and the EU itself; 4) and has cross-border applicability and covers the whole EU. Furthermore, its reach extends to service providers outside the EU if their service targets EU data subjects. There are substantial impacts on subjects on whom obligations are substantial. Hence, the author concludes that the GDPR’s scope, depth, and impacts exceed all the limits that the EU treaties permit for regulations. Furthermore, the treaties do not even know the term ‘general regulation’. Since the GDPR possesses the characteristics of a ‘European law’ – and even is ‘seamlessly’ positioned in a place reserved by the draft EU Constitution for the ‘European law on data protection’ – while such laws have been rejected, a key issue is highlighted: how deep an EU-level political integration and relinquishment of the individual European nations’ sovereignty do the Member States actually want? For instance, most analyses of the causes of Brexit cite loss of sovereignty of the UK as one of the main factors in the decision. The author concludes that, since the GDPR is with us to stay, amendment of the EU treaties can no longer be avoided. Noble objectives cannot justify infringements of the present ‘European Constitution’ and the constitutions of the Member States.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48701952","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":"Current Challenges of the Labour Law of Ukraine: On the Way to European Integration","authors":"Y. Simutina","doi":"10.12697/JI.2018.27.09","DOIUrl":"https://doi.org/10.12697/JI.2018.27.09","url":null,"abstract":"The article describes the main challenges facing labour law and its practice in modern conditions. In particular, the author concludes that the long and complex process of codifying the labour laws of Ukraine has, regrettably, not yet achieved its main objective – namely, to bring radical change from the old model of socialist labour. The draft Labor Code submitted for consideration would, in reality, introduces some cosmetic changes, which lack the ability to modernise Ukrainian labour law. It is emphasised that in the context of Ukraine’s European integration and the rapid development of innovative information technology, labour legislation should take into account and, in fact, legalise long-standing practices in atypical employment relationships, so as to ensure labour rights and guarantees for persons involved in such activities. The author presents various elements as necessary: revision to the legislative definition of an employment contract, further differentiation and clarification in the legal regulation of labour relations, and rejection of these relations’ ‘excessive regulation’. Also proposed is an approach that renders labour relations more flexible while maintaining and ensuring the fundamental rights of employees.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49385375","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":"Land Reform and the Principle of Legal Certainty: The Practice of the Supreme Court of Estonia in 1918–1933","authors":"Karin Visnapuu","doi":"10.12697/JI.2018.27.05","DOIUrl":"https://doi.org/10.12697/JI.2018.27.05","url":null,"abstract":"In the early years of the 20th century, the land-ownership and societal structure in many Eastern and some Central European countries displayed remnants of feudalism. Land distribution was dominated by large estates (manors) owned by feudal lords. Since this relic from the age of serfdom was not in line with modern values at all, land reforms were carried out in these countries after World War I. Estonia was no exception: once it gained its independence on 24 February 1918, the main task was to build a modern democratic state that was in accordance with the principle of rule of law. However, the process of land reform itself became a legal challenge to this principle. Today, legal certainty is an important part of the principle of rule of law. Even though legal certainty was not written expressis verbis in contemporary legal acts, it was still considered to be an important principle and it was necessary to follow it. The sterling basis of the land reform was considered to be the Land Law act but the act itself had many drawbacks, which were not resolved even with the respective implementation acts. For this reason, the main task of the Estonian courts became interpretation of the legal norms and forming of the substance of Estonian land reform with their practice. The paper describes how precisely land reform became a challenge to the principle of rule of law in the example of legal certainty, identifies the main problems found in the legislation of Estonian land reform, and articulates how the Estonian Supreme Court solved thus problems.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45045383","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}