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Estudos de Direito Internacional privado da União Europeia

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Book Series: Ensino ISBN: 9789892611747 Year: Pages: 374 DOI: https://doi.org/10.14195/978-989-26-1175-4 Language: Portuguese
Publisher: Coimbra University Press
Added to DOAB on : 2019-04-23 16:21:06
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After the entry into force of the Amsterdam Treaty (1999), and developing the Area of Freedom, Security and Justice created at that time, the European Union institutions approved a set of Union law acts on private international law (conflict of laws and conflicts of jurisdiction). One may therefore speak of a european private international law, whose dispositions, in the matters covered by them, replace the application of the corresponding rules created by the Member States. The present work, besides placing that normative creation of the Union in the respective context, examines some of the most relevant among those acts (on contractual obligations, extracontractual obligations, maintenance obligations, divorce and legal separation, succession and jurisdiction and recognition of decisions in civil and commercial matters), and includes also an essay on the jurisprudential trends of the European Court of Justice with relevance to this field of the law.

Evidence in Civil Law - Estonia

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Book Series: Law & Society ISBN: 9789616842396 Year: Pages: 69 DOI: 10.4335/978-961-6842-39-6 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-06 18:15:30
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Since Estonia regained its independence on 20 August 1991 Estonian civil procedure has been gradually developed from the civil procedure of Estonian SSR to the modern civil procedure rules in force today. The current code of civil procedure was adopted on 20 April 2005 and came into force in 1 January 2006. Since coming into force several changes have been made to the current code with significant changes coming into force on 1 January 2009. Estonian civil procedure is mainly based on the adversarial principle, except for some specific cases and proceedings on petition where the inquisitorial principle is used. Deriving from this the parties are in most cases free to decide on what evidence to submit and whether to submit evidence at all. While the court may ask the parties to submit evidence, they are not required to do so. The situation is different in cases based on the inquisitorial principle. Estonian civil procedure does not impose many restrictions as to the kind of evidence that can be submitted. Virtually anything that can be reproduced in some way may be submitted as documentary evidence and any person who has knowledge about the facts of the case may be heard as a witness. Even the parties may be heard under oath. The Estonian Code of Civil Procedure does not set out many rules on how to evaluate the evidence submitted. The basic rule is that the court has to assess the evidence impartially and as a whole and not give any preference to any particular piece of evidence.

Protecting the Rights of People with Autism in the Fields of Education and Employment: International, European and National Perspectives

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ISBN: 9783319137902 9783319137919 Year: Pages: 197 DOI: 10.1007/978-3-319-13791-9 Language: English
Publisher: Springer
Subject: Multidisciplinary --- Business and Management --- Law
Added to DOAB on : 2015-09-08 13:02:43
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Fundamental rights for all people with disabilities, education and employment are key for the inclusion of people with autism. They play as facilitators for the social inclusion of persons with autism and as multipliers for their enjoyment of other fundamental rights. After outlining the international and European dimensions of the legal protection of the rights to education and employment of people with autism, the book provides an in-depth analysis of domestic legislative, judicial and administrative practice of the EU Member States in these fields. Each chapter identifies the good practices on inclusive education and employment of people with autism consistent with principles and obligations enshrined in the UN Convention on the Rights of Persons with Disabilities (Articles 24 and 27).The book contains the scientific results of the European Project “Promoting equal rights of people with autism in the field of employment and education” aimed at supporting the implementation of the UN Convention in the fields of inclusive education and employment.

Who Will Be the Next President?: A Guide to the U.S. Presidential Election System

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ISBN: 9783319446950 9783319446967 Year: Pages: 165 DOI: 10.1007/978-3-319-44696-7 Language: English
Publisher: Springer
Subject: Social and Public Welfare --- Manufactures --- Law
Added to DOAB on : 2017-03-13 12:24:24
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This book addresses the peculiarities of the current presidential election system not yet addressed in other publications. It argues that any rules for electing a President that may have a chance to replace the current ones should provide an equal representation of states as equal members of the Union, and of the nation as a whole. This book analyzes the National Popular Vote plan and shows that this plan may violate the Supreme Court decisions on the equality of votes cast in statewide popular elections held to choose state electors. That is, the National Popular Vote plan may violate the Equal Protection Clause of the Fourteenth Amendment. The book proposes a new election system in which the will of the states and the will of the nation as a whole are determined by direct popular elections for President and Vice President in the 50 states and in D.C. This system a) would elect President a candidate who is the choice of both the nation as a whole and of the states as equal members of the Union, b) would let the current system elect a President only if the nation as a whole and the states as equal members of the Union fail to agree on a common candidate, and c) would encourage the candidates to campaign nationwide. The second edition has been updated to include a proposal on how to make established non-major party presidential candidates and independent candidates welcome participants in national televised presidential debates with the major-party candidates.

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