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Abstract

This article will cover issues related to the subject matter, parties and their rights and obligations when conducting e-commerce and distance selling within the European Union. E-commerce and distance sellingare particularly important within the EU, not only because there are sufficiently well-developed mechanisms to ensure the functioning of the internal market. E-commerce is distinguished as a separate segment in commercial activity. Nowadays the importance of E-commerce and distance selling grows every day. In this modern world of technology, e-commerce is becoming a very important option for many businesses as there are lots of companies that are interested in developing their online stores. Furthermore, in times of pandemics like COVID-19, E-commerce has proven to be significant. I describe different types of distance selling and consumer protection. The main policy objectives for consumer protection can be divided into three broad categories that correspond to different phases in the relationship between the operator and the user. One of the main roles for customer protection is the payment system who provides a way of transferring value between different parties in the economy and to facilitate transactions at minimal cost. The legal framework is presented with a focus on the tax effects of e-commerce in the European Union.

.14.3.12. [10] Act No. 514/2009 Coll. on the Transport on Railroads [11] Act No. 513/1991 Coll., Commercial Code [12] Act no. 40/1964 Coll., Civil Code. [13] Regulation (EC), No. 1371/2007, of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations. [14] Dolinayova, A., Cerna, L., Hrebicek, Z. & Zitricky, V. (2018). Methodology for the Tariff Formation in Railway Freight Transport. Nase More 64(4), 297-304. DOI: 10.17818/NM/2018/4SI.25. [15] Stopka, O., Zitricky, V., Abramovic, B., Marinov, M. & Ricci, S. (2019). Innovative

Abstract

Globalisation may concern many different issues, among others, the increase in migration that creates opportunities for all. There should be no doubt that globalisation can bring both positive and negative effects to workers. It can be seen as new opportunities for people, because they can travel, work, learn and live in different countries. Simultaneously however it can be perceived as synonymous to job losses, social injustice, or low environmental, health, and privacy standards. As a result of globalisation, the world is becoming more and more complex and the economic importance of state borders is reduced. It should therefore not raise doubts, that global problems require the capacity to agree on coordinated global responses and mechanisms on the basis of international cooperation. Among the basic international organisations which provide solutions for workers who have decided to look for a job in another country, one can generally mention the International Labour Organisation (ILO), the Council of Europe, and the European Union (EU). There is quite a large number of legal acts created in the framework of those organisations, and so we should ask a question if in such a situation we should also try to understand some legal concepts; in our case concepts connected with taking up employment, in a similar way. Even if the answer is positive, another question comes to mind – is it possible to have such definitions in a global world? It is thus not enough to provide legal regulations concerning worker’s rights and obligations if we do not know who exactly should be treated like a worker. The following article will try to answer those questions and simultaneously try to show that globalisation may affect the way certain terms should be understood.

Abstract

The current understandings and practices related to biological and social fatherhood raise a crucial legal question about which model of fatherhood determination should be adapted to contemporary society: the model of a biological or social father bearing the rights and obligations related to the child. The general ideologies of being a father and the application of different approaches have been analysed comparatively, also trying to provide the best legal policy to consider when interpreting the rules of parenthood in Estonian Family Law Act and the Estonian legal practice. The paper considers the emerging legal concept of social fatherhood to be an inevitable prerequisite for protection of the interest of the child.

Summary

The principle of informing parties in the Polish administrative procedure is specified in Article 9 of the Act of 14 June 1960, the Code of Administrative Procedure. Public administration bodies are obliged to duly and comprehensively inform the parties on the factual and legal circumstances that may affect the determination of their rights and obligations being the subject of administrative proceedings. The authorities ensure that the parties and other persons involved in the proceedings do not suffer damage due to ignorance of the law, and for this purpose they provide them with necessary explanations and instructions. In administrative proceedings, not the principle of ignorantia iuris nocet the obligation of the authority, resulting in particular from Articel 9 CAP is to inform the party about the factual and legal circumstances that may affect the determination of rights and obligations that are subject to current or potential behavior. This principle applies in particular to proceedings in the field of social assistance and proceedings in the field of family benefits, where a specific law is shaped in accordance with the activities of the party. It should be assumed that a breach the party‘s information rules is an intrinsic and sufficient reason for repealing the decision, even if it is in accordance with substantive law.

Abstract

Plain language movement has a long history and has achieved significant changes in the USA and in many European countries. However, the situation is not as good as that in Hungary, especially in the field of law. As a researcher in two empirical “law and language” projects in Hungary since 2000, the author presents her experiences gained during preparing and analysing tape recordings of police interrogations and court hearings as regards comprehension of legal language. The paper focuses especially on the understandability of providing information on the rights and obligations of laymen in legal procedures given by legal professionals. It also summarizes the recent changes in Hungarian legal regulations providing a better understanding of rights and obligations (partly based on the 2012/13/ EU Directive on the right to information in criminal proceedings). As regards the practice of adjudication, the paper compares the way of providing information to laymen before and after the modification of legal norms. Two positive examples can be mentioned: (1) a few years ago, a group of legal and linguistic experts prepared a so-called Stylebook with recommendations to improve the structure and wordings of court verdicts, and (2) within the framework of a project called The Year of Comprehensibility at Courts, 2017 the improvement of comprehensible communication was integrated into an obligatory training for judges.

Abstract

Law is a system of norms developed and/or recognized by the state as norms guiding human behaviour according to the values of that particular society, establishing rights and obligations, principles and definitions, structures and relationships of social organization and activity that must be obeyed and which, when necessary, are insured by the coercive force of the state. Thus, the development of this system of norms is not an end in itself, but is intended to regulate all social relations, guide human behaviours and achieve the aims of the law. The enforcement of law is the process of translating legal rules into practice, through which the subjects of law obey and execute legal norms, and state authorities apply them, depending on their competence. The enforcement of law depends on a number of factors that shape law, such as its natural framework of existence, the historical context and the ethnic and national particularities of that community’s development, the economic factor or framework, the framework and particularities of the political system, the cultural-ideological framework or factor, the international framework or factor, etc.

Abstract

Aggravation of risk and failure to take precautionary measures are focal issues in non-life insurance in terms of potential partial or full release of the insurer from the duty to perform. Not infrequently, it is difficult to draw a line between the aggravation of risk on the one hand, and non-compliance with precautionary measures on the other, since a particular action by a policyholder may present both situations. At the same time, the legal remedies available to the insurer regarding these two situations are different in scope. The aggravation of risk and non-compliance with precautionary measures are precisely the bases on which insurers actually reduce indemnity or refuse to compensate for damages. This article explores the differences between insurance laws in the Baltic states—specifically, the Estonian Law of Obligations Act, the Latvian Insurance Contract Law and Lithuanian rules contained in the Civil Code and Insurance Law. The article explores the differences between the Baltic states’ insurance laws and the Principles of European Insurance Contract Law (PEICL) with regard to a policyholder’s duty in relation to aggravation of risk and precautionary measures, as the rights and obligations of policyholders do change where the optional instrument is applied. The article also includes comparisons to German, Finnish and Russian insurance law.