In the intricate realm of contractual law, the condition precluding action serves as a critical safeguard, ensuring that specific legitimate interests are protected within contracts and wills. This research examines this condition’s validity when based on a legitimate motive and for a reasonable duration. The study highlights a case involving an owner who violates this condition by engaging in acts such as sale or gift, raising important questions regarding the legal penalties associated with such violations. The primary objective of this research is to provide a comprehensive understanding of the legal consequences of breaching preventive clauses and to analyze how Egyptian, French, and Palestinian laws protect the interests of the stakeholders involved. The methodology adopted in this study is comparative in nature, involving a thorough analysis of the legal texts from Egyptian, French, and Palestinian laws. This involves a review of legal scholars’ opinions and relevant judicial rulings to highlight the differences in penalties and applications associated with preventive clauses. The findings reveal that both Egyptian and French laws advocate for the invalidity of actions carried out in violation of these preventive conditions. However, there is a divergence among scholars regarding the nature of this invalidity, with some arguing for absolute invalidity while others suggest relative invalidity. Conversely, the Palestinian legal framework prescribes specific penalties, indicating a variance in legislative approaches. The research concludes that the current legislative treatment of preventive conditions is insufficient and requires reform to ensure effective legal protection for affected parties. This leads to policy implications emphasizing the need to strengthen legal frameworks and enhance the clarity of legislative intentions in formulating laws related to preventive clauses. By doing so, the study aims to facilitate the achievement of legitimate interests for parties involved and ensure the enforcement of preventive conditions in a manner that upholds contractual integrity.
The safeguarding of agricultural land is rooted in national land surveys and remote sensing data, which are enhanced by contemporary information technology. This framework facilitates the monitoring and regulation of unauthorized alterations in cultivated land usage. This paper aims to analyze land policies at the national, provincial, and local levels, investigate the cultivated land protection strategies implemented within the research region, where the policies have gained societal acceptance, and propose recommendations and countermeasures to enhance the development and utilization of land resources. The central issue of this study is to identify the challenges in achieving a balance between human activities and natural ecosystems. To address this issue, the research employs a combination of literature review, semi-structured interviews, text analysis, and content analysis, emphasizing the integration of empirical fieldwork and theoretical frameworks. Key areas of focus include: (a) the current state of the farmland protection system, (b) the legal foundations for local enforcement, (c) the systematic mechanisms for implementing arable land protection, and (d) the coordinated oversight system involving both the Party and government. Notably, the practice of cultivated land protection faces several challenges, primarily stemming from two factors. Firstly, there exists a disconnect between the economic interests of certain illegal land users and the objectives of land management, which hinders effective enforcement. Secondly, environmental repercussions arise from misinterpretations of land policy or non-compliant land development practices aimed at profit, which contradict the goals of ecological sustainability. The study examines two approaches to address the issue: the distribution and effective use of land resources, and the capacity for monitoring and early warning systems. Findings indicate that Dongtai City in Jiangsu Province has rigorously implemented all national land management policies, while also preserving the adaptability of local townships in practical applications, thereby ensuring the consistency of both the quality and quantity of arable land.
A state of emergency allows authorities to exercise special powers, including the temporary suspension of regular legal provisions and human rights standards. This scenario engenders a conflict between extraordinary powers and the foundational principles of the rule of law. This paper investigates one of the most contentious legal dilemmas concerning emergency powers: whether these powers must be exercised within the bounds of legal constraints. This paper also explores whether ordinary principles of legality apply in situations involving emergency powers. This study aims to examine how this tension is approached from different perspectives. It focuses on discussing the challenges for the rule of law in the state of emergency. It also studies Vietnam’s approach to addressing these challenges during the COVID-19 pandemic.
Objective/Aim: In the context of a constantly changing legislative environment and the necessity for professionals to develop their skills, the research focuses on identifying effective methods and tools that facilitate efficient learning and professional development in the field of labour law. This study aimed to propose a pedagogical technology for the preparation and training of specialists in the field of labour law and to assess the effectiveness of the training based on the specified technology. Method: The study involved 124 participants, with 63 in the experimental group and 61 in the control group. Statistical analysis was performed using Microsoft Excel. The student’s t-test indicated significant improvements in the experimental group’s training effectiveness, confirming the proposed pedagogical technology’s efficacy. Results: Consequently, implementing training and education technology for specialists in the labour law field was proposed to enhance the indicators. The criteria for the preparation of specialists in the field of labour law were delineated, including knowledge of labour legislation, consulting and support skills, analytical skills, communication skills, and continuous learning. According to the criteria above, levels of preparation for specialists in the field of labour law were established, namely high, medium, and essential. The proposed training and education technology for specialists in the field of labour encompasses the following tools: The utilisation of online platforms and educational resources, virtual classes and simulations, the incorporation of multimedia materials, the integration of adaptive learning technologies, the implementation of project- and problem-oriented teaching methodologies, the incorporation of interactive methodologies, the incorporation of cloud technologies and mobile applications, and the provision of assessment and feedback. Conclusion: The proposed pedagogical technology effectively enhances the training and education of labour law specialists. The experimental group’s significant improvement in learning outcomes confirms the technology’s efficacy. Implication: The findings of this research hold significant social implications. Improved training and education of labour law specialists leads to a more competent and effective legal workforce. This, in turn, ensures better protection of workers’ rights and fairer employer-employee relations, contributing to overall social stability.
With the rapid development of globalization and informatization, the role of copyright law in balancing the rights and interests of creators and the public interest is becoming increasingly prominent. This article delves into the similarities and differences between the Marrakesh Treaty and China’s copyright law, particularly in terms of protecting the rights and interests of people with reading disabilities. The Marrakesh Treaty, as an important achievement of the World Intellectual Property Organization (WIPO), provides convenience for people with reading disabilities worldwide to access published works through limited copyright law modifications and exceptions. As a signatory of this treaty, China’s revision and implementation of its copyright law have a significant impact on the international intellectual property protection system. This article provides an overview of the background, core concepts, and limitations of the Marrakesh Treaty, and introduces the basic situation of China’s copyright law. By comparing the similarities and differences between the Marrakesh Treaty and China’s copyright law, this paper explores the provisions of both in protecting the rights and interests of people with reading disabilities, and proposes suggestions for improving China’s copyright law. These suggestions include clearly defining the scope of application of the treaty, expanding the definition of beneficiaries, adding cross-border transaction clauses for accessible works, reasonably avoiding technical protection measures, and strengthening the construction of implementation mechanisms and supervision systems. Although there are differences between the Marrakesh Treaty and China’s Copyright Law in protecting the rights and interests of people with reading disabilities, their common goal is to ensure that people with reading disabilities have equal access to cultural and educational materials through legal means, promote their social participation and cultural enjoyment. The revision process of China’s Copyright Law actively absorbs and transforms the provisions of the Marrakesh Treaty, demonstrating China’s efforts and determination in fulfilling international obligations, promoting social equity and inclusiveness.
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