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.
Aims of this study clarify the intrinsic value of Galileo’s law of inertia, which holds significance in the history of science, and the process through which such law of inertia was formed, for educational purposes, and explores a possible conversion of this intrinsic value into an environmental ethical value. The research methodology is to establish a value schema and, through its application, to explore the changes in the active intrinsic value principle of Galileo’s law of inertia based on the history of science. This study derived the following results: First, Galileo professed the value he assigned and discovered as a complete experience to support heliocentrism. Second, he realized his personal religious ideal, or in other words, the ideal of life as a whole. Third, the overall process is to feel a comprehensive and integral expansion of the self. Above all, it shows that the principle of active intrinsic value based on Galileo’s experimental activities has changed and expanded throughout the history of science. One internalizes one’s faith in accordance with the activity-centered value. Only when combined with aesthetic experience does education make one ethical. As general school education does not necessarily guarantee ethics, we must lead our values education toward ecocentric ethics education, which highlights beauty. It shows that these active intrinsic values also extend to ethical values.
The rapid advancement of biotechnologies involves human subjects that brings forth intricate ethical, legal, social, and religious challenges. Recent breakthroughs in cloning and stem cell research have generated new hopes as well as presents considerable promise for treating severe diseases and regenerative medicine. In this regard, for advancements in biotechnology to be clinically applicable in medicine, it’s essential to comprehend both scientific principles and ethical implications, taken into consideration the scientific roadblocks impeding advancement in therapeutic cloning such as tumorigenicity, epigenetic reprogramming and interspecies pathogen transfer. As research in this area progresses, it will clarify that stem cells can be obtained from various sources, including therapeutic cloning, which involves cloning embryos from the nuclei of somatic cells or cloning individual organs in the laboratory. This article studies the legitimacy extent of therapeutic cloning in Islamic Fiqh and comparative law, using the comparative analytical approach. Thus, we have reached a number of results, the most important of which is that the Islamic Fiqh perspective on the illegality of extracting stem cells by creating therapeutic embryos using Somatic Cell Nuclear Transfer (SCNT). It is deemed unacceptable to create an embryo for the purpose of its development and then destroying it for the purpose of stem cells, as this is unacceptable that turns the human being into a source for spare parts. Conversely, cloning specific organs and tissues in the laboratory for medical purposes is considered permissible, provided that it does not harm anyone or violate their sanctity that is consistent with many comparative laws.
The article emphasizes the dynamism of social processes in the world aimed at humanizing modern society. Social work in the third millennium became one of the priority topics in Europe and acquired the status of an independent field of science and research in terms of science and education. The possibility of extrapolation of innovative foreign technologies into the practice of social work in Ukraine was investigated. It was found that the process of implementation of innovative foreign technologies into the practice of social work in Ukraine has already begun and is ongoing. In the improvement of the domestic system of professional training of social workers, the authors of the article see an appeal to the experience of applying European innovative technologies and practices of social work, in particular in the Republic of Poland. The leading determinants of social technologies, which determine their specificity, are singled out: multidisciplinarity, hierarchy, multidirectionality, flexibility, standardization. The need for effective and timely implementation of the integration of three groups of social support technologies in the conditions of the martial law in which Ukraine is today has been updated. The perspective of further scientific research is defined in the substantiation of the organizational and pedagogical conditions of their application in the process of informal and informal education.
The article examines the role of electronic arbitration in settling commercial disputes. The article relies on the analytical approach to study legal texts and the comparative approach to examine the rules of international law and national laws in the field of electronic arbitration. In addition, the article discusses the concept of electronic arbitration and its distinction from traditional forms of arbitration. The article also explains the legal provisions related to it, especially those related to electronic arbitration agreements. Finally, the article explains the challenges related to its implementation how to take advantage of its benefits.
Families are the central nucleus of society; however, they face internal challenges that affect their functioning and stability, often manifesting in incidents of domestic and gender-based violence. The World Health Organization has classified this violence as a severe public health problem and a violation of human rights. To address this issue, the Congress of the Republic of Colombia enacted Law 2126 of 2021, introducing significant changes to the responsibilities of authorities in preventing, restoring, protecting, and repairing the rights of victims. This law provided a three-year implementation period for territorial entities, which concluded on 4 August 2023. In 2023, 119,483 cases were reported, and by June 2024, the number had reached 63,528—the highest recorded to date. This situation continued to escalate uncontrollably throughout 2024, overwhelming functional capacity and resulting in a crisis. Therefore, the objective of this study is to analyze the guarantee of rights for victims of violence in the family context, within the competencies of Family Commissariats, as outlined in Law 2126 of 2021. The methodology focuses on analyzing academic and scientific databases, including studies and articles published in indexed journals, to evaluate government measures and describe the challenges in service provision by Family Commissariats to propose conclusions. The approach is qualitative, with a hermeneutic, documentary, legal-dogmatic orientation and anthropological contributions. The results reveal that the law’s implementation has been gradual, surpassing the established deadline. Administrative, political, and financial factors identified over the three years remain unresolved in 2024. The situation for victims of physical, psychological, economic, and sexual violence within the family context has worsened due to multicausal obstacles to accessing justice in a timely, efficient, and effective manner. Consequently, there is evidence of an exponential increase in violence, underreporting, impunity, setbacks, procedural delays, normalization of violence, and re-victimization, among other issues.
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