Publicații - Universitatea de Vest "Vasile Goldiș" din Arad
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    680 research outputs found

    The Importance of Maturity in Marriage From an Islamic Legal Perspective

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    This study seeks to examine the notion of marital maturity through the lens of Islamic jurisprudence. It employs a normative legal research methodology, combining philosophical insights, statutory regulations, and contextual analysis. The analytical techniques involve surveying, conducting question-and-answer sessions, thoroughly reading legal materials, and employing deductive analysis. The research results show that in Islamic law, maturity in marriage refers to the boundaries of individuals who have reached puberty. The importance of building a household based on maturity is to create psychological maturity in both partners, both husband and wife. Islamic law underscores the importance of individuals being mentally, physically, and psychologically prepared for marriage, emphasizing that it is a form of worship. Therefore, building a mature and responsible household is expected in Islamic teachings

    Central Bank Independence and Its Impact on Fiscal Deficit: Evidence From India

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    The paper explores the relationship between Central bank independence (CBI) and fiscal deficit in India. Moreover, the study tries to assess the impact of CBI on the levels of fiscal deficit. The study incorporates other variables like Gross Domestic Product, financial development, and trade openness to analyze their impact on the fiscal deficit. The study employed Auto-regressive distributed lag model (ARDL) Bounds test developed by Pesaran, Shin, and Smith (2001) to examine the long-run relationship between CBI and fiscal deficit. The study also employs a legal index for measuring CBI developed by Jasmine et al (2019) as well as an actual measure of independence developed by Cukierman (1992) to measure CBI in India. The study confirms the long-run relationship between the CBI and fiscal deficit as well as among other variables. An increase in the levels of CBI leads to falling in the levels of fiscal deficit. The other explanatory variables used in the study also confirm the long-run relationship and impact fiscal deficit negatively except for trade openness, which positively impacts the fiscal deficit

    New Measures to Protect the Adult. Challenges for Lawyers and Forensic Doctors

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    A decision of the Constitutional Court, which declared the unconstitutionality of art. 164 of the Civil Code, which regulated the protection measure of placing under interdiction, offered the lawmaker the opportunity to rethink the protection measures of the natural person that involve restricting or increasing one’s capacity of exercise. The new regulation proposed by Law no. 140/2022 brings with it both protection measures to which people with intellectual or psychosocial disabilities can appeal in the conventional means - legal aid and the warrant of protection - as well as protection measures for people who are found to have a deterioration of the mental faculties – legal advice and special guardianship - the establishment of which is given to the competence of the court with the amendment that the court is free to choose the measure of protection that best corresponds to the vulnerable person’s concrete needs, being able to configure its content so that the measure of protection to be adequate to the circumstances in which the person finds oneself and the restriction of own freedom to be proportional to the severity of the effects that this deterioration of the mental faculties of the vulnerable person causes to that person’s psychological abilities

    The Procedure for Restructuring Budgetary Claims From Necessity to Reality

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    The present work approaches the legal institution of the restructuring of budgetary claims from the perspective of the procedure to be followed by the tax debtors interested in agreeing on the need to extinguish their budgetary claims with the desire to avoid the insolvency of the company. We bring up that the restructuring of budgetary claims was thought so as to offer a helping hand, especially to large companies in a situation of major financial difficulty. This present study aims to provide a synthetic picture of the steps to be followed in order to successfully complete this procedure. For this, the procedure is divided into three stages, namely the pre-stage, the procedure itself and the completion of the procedure. The acts to be performed at the pre-stage refer to the notification of the restructuring intention, the restructuring plan and the prudent private creditor test. The stage itself of the restructuring starts with the submission of the application to the tax authority, which will be settled by it either with a decision approving the restructuring or with a decision rejecting it, or with a decision approving a payment facility. Once the restructuring is approved, it will be carried out in accordance with the restructuring plan, under the supervision of the persons designated for this purpose. During its development, the restructuring process may undergo changes that will materialize either in the modification of the restructuring plan or in the modification of the payment facilitation decision, if such a facility has been approved. Whether there is a change in the restructuring process, or not, once it has started, it will have to be completed. If the restructuring plan is successfully implemented, the fiscal debtor\u27s budgetary claims will be extinguished and he will be able to go on with the economic activity for which he was established. If, however, the restructuring plan fails, the tax debtor risks being subject to forced execution by the tax authority, or even to request its insolvency, which could lead to the cessation of its existence

    An Overview of Criminal Provisions Responding to Hate Speech in Turkish Law

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    There are several reports and cases that demonstrate the clear increase of hate speech in Turkey through media and especially on social media against some national and religious minorities, asylum seekers, refugees, and LGBTQ. This was also reported by the European Commission which pointed out that there is no effective prosecution of incitement to hatred, including by the media. In addition hate speech is not clearly regulated, expressions that can be considered hate speech are interpreted sometimes through provisions that regulate the crime of defamation against a person or the crime of defamation against a part of people. Although tidy legislation which defines and regulates hate speech through media, the internet and, social media is not yet available in the Turkish Penal Code. Major provisions that can be associated with hate speech are available in the Turkish Penal Code in a scattered manner. There are also related regulations in the law governing internet broadcasting and the law governing radio and television broadcasting. Expressions that can be considered hate speech are, in some cases interpreted through provisions that regulate the crime of defamation against the person. The most important problem pertains to the fact that hate speech and hate crimes have not been prescribed under a single title in Turkish Law

    Oil Shock Impact Upon Energy Companies Investment Portfolios. Trends and Evolutions in the Energy Consumption Sector

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    In this article, we tackle the complex relationship between a triangle assessment: energy companies, investment portfolios, and the energy consumption sector. The first objective of this paper was to underline several important features of oil price evolution in the pandemic period, with a special focus both on the 2020 and 2022 periods, in order to reveal some aspects of new passengers’ cars registered, and some important energy sources worldwide. Second, it is highlighted several important features of energy-listed companies on the Bucharest Stock Exchange and of oil prices upon different operators. Third, we analyze important aspects of the influence of the crises regarding the energy industry and several important evolutions upon the stock market. The main findings of this study reveal the nexus between oil shock prices, the energy industry, and the stock market with an empirical focus on constructing an optimal investment portfolio’ by considering several consumption sectors. Future research on this topic will encounter consequently comparisons between several business models of different types of sectors.     &nbsp

    Analysis of the Relationship Between the Development of Performance Criteria and Job Performance of Employees With Respect to the Mediating Role of Employee Participation

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    The main purpose of this study is to investigate and analyze Positive and significant impact of defining employee performance criteria with the objectives: evaluation, empowerment and career development on the job performance of Keshavarzi Bank of Iran employees with regard to the mediating role of employee participation. The present study was based on the purpose of applied research and in terms of the method was a descriptive-survey study. A questionnaire was used to collect research data. The statistical population of the present study consisted of senior and middle managers of the Keshavarzi Bank of Iran who had at least 5 years of work experience. The number of these people in the initial studies was estimated at 483 and finally, using Cochran\u27s formula, 215 people were selected as the sample size. After collecting data through a questionnaire, data analysis was performed using structural equation modeling. The results showed that the development of performance criteria with the objectives of evaluating, empowering, and developing the career path of employees has a positive and significant effect on the job performance of employees of the Keshavarzi Bank of Iran. Supplementary results also showed that employee participation in the relationship between the three objectives of developing performance criteria and job performance of employees has an effective mediating role, so this effect in the relationship between performance criteria to develop a career path and job performance of employees with the path coefficient of 0.684 is very obvious. Accordingly, it can be said that since employee participation is the basis for the development of service organizations such as banks, by implementing measures related to employee participation and benefiting from employees\u27 opinions in formulating performance criteria, preparations for achieving an effective performance management system. And thus accelerated the movement of the Keshavarzi Bank of Iran on the path of development.     &nbsp

    Indian Government Schemes Based Analysis on Women Empowerment in Financial Inclusion

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    In general Women belonging to villages tend to spend the maximum of their time in household activities without any hesitation.  In return, they don\u27t receive any merits or credits from the family and society. This paper aims in conducting detailed research work based on, the understanding found among women folk belonging to lower-middle-class women and poor income about the need for financial inclusion. The study was carried out in Ludhiana, Punjab among women from low-income and lower-middle-class households. Out of 1000 approaches, 757 respondents replied (75%). Later the data were organized and analyzed for the results. To make the work stronger a conceptual framework was framed. The tests like one-way ANOVA and Post-Hoc tests were also carried out. The outcomes showed that there are major differences seen when women are empowered and occupied they are reflecting positively on financial inclusion

    Need for Implementation of Sex Education Curriculum in Primary Schools to Protect Children From Sexual Abuse in Pakistan

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    Sex education for children does not imply that children are responsible for their own safety, but rather that children should be provided with protective, effective, and interactive education that builds resilience and reduces their vulnerability to sexual harm. As a result, it is critical to provide a secure atmosphere for children at school, where they spend the majority of their time. Sex education curriculum for the prevention of child sexual abuse will seek to give children the knowledge and skills needed to recognize and prevent probable sexual abuse scenarios. The primary school sex education curriculum will be founded on the ideology of empowering children and the concept that care is an integral aspect of child care and protection. The Ministry of Education should determine the need for sex education in primary schools to prevent sexual abuse of children, support it, and include it in the curriculum. This curriculum’s purpose should be to build and maintain a proactive environment that protects children by preventing sexual abuse or assuring early detection, intervention, and reporting

    Comparative Study of Exceptions to Image Rights With Emphasis on the Iranian Legal System

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    Individuals have a right to their images, meaning that they can decide on permitting having their photos taken or published. Therefore, the consent of the person who is the subject of an image must be obtained for photography or publication. This right, however, is not absolute and without exceptions. People have the right to know what is happening in their community. As a result, if a photo is taken of someone and published for information, it is not necessary to insist upon obtaining consent. Several legal systems allow the imaging of others for informational purposes. However, in such cases, the privacy and dignity of people must be observed, and no one is permitted to publish images insulting or contrary to the public/personal internet. Also, images must not be used for business purposes. In the Iranian legal system, the freedom of the press (principle 24 of the Constitution) and the importance of public interest and its priority over private interests (principle 40 of the Constitution) convey the same idea that the principle is to allow publishing images for informational purposes

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    Publicații - Universitatea de Vest "Vasile Goldiș" din Arad
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