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Legal System of Civil Law in the Netherlands

 

Principles of Dutch law

What is ‘law’ anyway?

To understand the law, you first have to approach the law as a lawyer would, and this, of course, from the perspective of a civil law system, since the private law of the Netherlands is grafted upon Roman-Germanic law. The law consists of nothing more then a large number of rules of behaviour (or rules of conduct). The law, in other words, is just a set of appointments between all people ordering how to behave with regard to what they consider to be correct and fair. In the past people made these rules themselves. That today is no longer possible. For this reason the people of a society have transferred this competence to the government, which establishes and maintains these rules for them. In a modern democracy the people can only elect once in a few years the members of Parliament, the Municipality Council and other public bodies. These members together influence the acting and organisation of the government. The various institutions of the government decide, each on their own legal and geographical territory, which rules are issued, how they work in practice and how they are or have to be interpreted in the case of a dispute. Legislation, implementation and jurisdiction are these days an exclusive task of the government. The government is the only institute in society that is allowed to use violence to enforce the compliance with its rules. This violence expresses itself in imposing a fine or a prison sentence, that sometimes even can lead to the death of the one who has broken a rule. No other person is allowed to use violence to get his way. The people of a country are submitted to the rules of the government because they have agreed upon this themselves. It’s the only way to prevent chaos and to impede that the strongest and most aggressive persons can take ‘the law’ into their own hands. Other criteria than random violence must ascertain whether someone is damaged in his interests and, because of this, has the right to claim a certain behaviour from another person. These criteria are retrieved in the law, which takes into account everybody’s interest and the interest of the society as a whole. The starting point of the law is always what is reasonable and fair, given all circumstances.

The law as a collection of rules of behaviour

The law exists of a large number of binding appointments that have to be observed by everyone. Those appointments have been laid down in laws. They regulate how persons must behave mutually and what they can expect from each other, for example with respect to their property or to what other persons may or may not do. A rule of law is a right or duty that is recognised as such by law. This means that the right or duty finds its basis in law, so that the government can enforce the compliance with it, if necessary with the assistance of judicial authorities and the police. With this, the rules of law distinguish themselves from other rules of conduct, which for example result from decorum, religion or morality.

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JOINT CIRCULAR DETAILING AND GUIDING THE REGULATION ON FOREIGN EXPERTS IMPLEMENTING ODA PROGRAMS AND PROJECTS PROMULGATED TOGETHER WITH THE PRIME MINISTER’S DECISION NO. 119/2009/QD-TTg OF OCTOBER 1, 2009

THE MINISTRY OF PLANNING AND INVESTMENT – THE MINISTRY OF FINANCE
——-
No. 12/2010/TTLT-BKHDT-BTC

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———

Hanoi, May 28, 2010

 

JOINT CIRCULAR

DETAILING AND GUIDING THE REGULATION ON FOREIGN EXPERTS IMPLEMENTING ODA PROGRAMS AND PROJECTS PROMULGATED TOGETHER WITH THE PRIME MINISTER’S DECISION NO. 119/2009/QD-TTg OF OCTOBER 1, 2009

Pursuant to the Government’s Decree No. 131/2006/ND-CP of November 9, 2006, promulgating the Regulation on management and use of official development assistance (ODA);
Pursuant to the Government’s Decree No. 116/2008/ND-CP of November 14, 2008. defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;
Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27,2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
Pursuant to the Prime Minister’s Decision No. 119/2009/QD-TTg of October 1, 2009, promulgating the Regulation on foreign experts implementing ODA programs and projects;
The Ministry of Planning and Investment and the Ministry of Finance jointly detail and guide the Regulation on foreign experts implementing ODA programs and projects promulgated together with the Prime Minister s Decision No. 119/2009/QD-TTg of October 1, 2009, as follows
:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular applies to ODA-funded programs and projects under Clauses 1 and 2. Article 1 of the Regulation on ODA management and use promulgated together with the Government’s Decree No. 131/2006/ND-CP of November 9, 2006.

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DECREE DETAILING AND GUIDING THE IMPLEMENTATION OF THE HOUSING LAW

THE GOVERNMENT
——-
No. 71/2010/ND-CP

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness

———

Hanoi, June 23, 2010

DECREE DETAILING AND GUIDING THE IMPLEMENTATION OF THE HOUSING LAW

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Housing Law;
Pursuant to June 18, 2009 Law No. 34/2009/QH12 Amending and Supplementing Article 126 of the Housing Law and Article 121 of the Land Law;
Pursuant to June 19, 2009 Law No. 38/2009/ QH12 amending and supplementing a number of articles of the laws concerning capital construction investment;
At the proposal of the Minister of Construction,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details and guides a number of provisions of the Housing Law regarding house ownership, housing development, use management of houses, house-related transactions and state management of houses.

Article 2. Subjects of application

This Decree applies lo the following subjects:

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LAW ON HEALTH INSURANCE

THE NATIONAL ASSEMBLY ——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness

———-

No. 25/2008/QH12

Hanoi, June 17, 2009

LAW  ON HEALTH INSURANCE

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Health Insurance.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope and subjects of application

1. This Law provides the health insurance regime and policies, including participants, premium rates, responsibilities and methods of payment of health insurance premiums; health insurance cards; eligible health insurance beneficiaries; medical care for the insured; payment of costs of medical care covered by health insurance; health insurance fund; and rights and responsibilities of parties involved in health insurance.

2. This Law applies to domestic and foreign organizations and individuals in Vietnam that are involved in health insurance.

3. This Law does not apply to commercial health insurance.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Health insurance is a form of insurance applied in the health care sector for non-profit purposes, organized by the State and joined by responsible persons under this Law.

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LAW ON STATE COMPENSATION LIABILITY

THE NATIONAL ASSEMBLY

——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness

———-

No. 35/2009/QH12

Hanoi, June 18, 2009

LAW  ON STATE COMPENSATION LIABILITY

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on State Compensation Liability Law.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Law provides for the State’s liability to pay compensation to individuals and organizations suffering from damage caused by official-duty performers in administrative management, legal proceedings and judgment enforcement activities; compensation procedures; the rights and obligations of individuals and organizations suffering from damage; compensation funds and the reimbursement liability of official-duty performers who have caused the damage.

Article 2. Compensation-eligible entitles

Individuals and organizations suffering from material damage and/or mental sufferings (below collectively referred to as sufferers) in cases provided by this Law are eligible for compensation by the State.

Article 3. Interpretation of terms

In this Law. the terms below are construed as follows:

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LAW AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAWS CONCERNING CAPITAL CONSTRUCTION INVESTMENT

THE NATIONAL ASSEMBLY

——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness

———-

No. 38/2009/QH12

Hanoi, June 19, 2009

LAW AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAWS CONCERNING CAPITAL CONSTRUCTION INVESTMENT

ursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Construction Law No. 16/2003/QH11, Bidding Law No. 61/2005/QH11, Enterprise Law No. 60/2005/QH11. Land Law No. 13/2003/ QH11 and Housing Law No. 56/2005/QH11 Concerning Capital Construction Investment.

Article 1. To amend and supplement a number of articles of the Construction Law.

1. To amend and supplement Article 7 as follows:

"Article 7. Construction activity capability and construction practice capability

1. Organizations and individuals that meet all conditions on construction activity capability and construction practice capability may participate in the following activities:

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THE CONCEPT OF LEGAL CULTURE WITH PARTICULAR ATTENTION TO THE TURKISH CASE

ALI ACAR – Master Student, at Onati International Institute for the Sociology of Law

ABSTRACT

This article describes the concept of legal culture. After taking up a discussion on whether law can be transferable or not, which is seen as a product of the culture of a given society, the concept of legal culture and its different perceptions by various scholars constitutes the subject of the paper. Since there has not been much done in the field of legal culture in Turkey up to now except for a few studies, this is a crucial area for exploration and will be accomplished by scrutinizing the sociological, economical, and political implications of Turkish law.

INTRODUCTION

The law in Turkey has been changing very fast due to EU membership process. However, it seems that the connection between law and society, the relations between law and other societal institutions are avoided in this process. As far as it is known, there has been very little academic work done on the topic up until now in Turkey. Therefore, this article intends to deal with the issue at a theoretical level.

What is certain is that not only has a series of laws been amended, but what is uncertain is whether the culture behind that law is transferable or not .Especially when human rights are in question, this aspect of the issue is unavoidable. However, as it can be seen in the Turkish political scene, this process is very tender and various groups in society practice a range of conflicts to overcome.

One of the most continuous legal debates is whether rules that are products of a specific culture can be transformed or not. However, even if rules (or standards) can be transformed, it is important to touch, inter alia, on the legal culture of a given society in socio-legal research, since the implementation of those rules would be attained or not within a specific culture. Therefore, I shall ask what is legal culture? What does this concept include? Is it measurable sociologically? Is it a concept, or as some scholars claim, a “paradigm or a methodological approach?”1

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WIPO PERFORMANCES AND PHONOGRAMS TREATY (WPPT) (1996)

WIPO PERFORMANCES AND PHONOGRAMS TREATY (WPPT) (1996)

WIPO PERFORMANCES AND PHONOGRAMS TREATY (WPPT) (1996) WITH THE AGREED STATEMENTS OF THE DIPLOMATIC CONFERENCE THAT ADOPTED THE TREATY AND THE PROVISIONS OF THE BERNE CONVENTION ( 1971) AND OF THE ROME CONVENTION (1961)

Referred to in the treaty

WIPO Performances and Phonograms Treaty

(WPPT) (1996)

CONTENTS

Preamble

Chapter I: General Provisions

Article 1: Relation to Other Conventions

Article 2: Definitions

Article 3: Beneficiaries of Protection under this Treaty

Article 4: National Treatment

Chapter II: Rights of Performers

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INTERNATIONAL CONVENTION FOR THE PROTECTION OF PERFORMERS, PRODUCERS OF PHONOGRAMS AND BROADCASTING ORGANISATIONS DONE AT ROME ON OCTOBER 26, 1961

ROME CONVENTION, 1961

INTERNATIONAL CONVENTION FOR THE PROTECTION OF PERFORMERS, PRODUCERS OF PHONOGRAMS AND BROADCASTING ORGANISATIONS

DONE AT ROME ON OCTOBER 26, 1961

TABLE OF CONTENTS

Article 1: Safeguard of Copyright Proper

Article 2: Protection given by the Convention. Definition of National Treatment

Article 3: Definitions: (a) Performers; (b) Phonogram; (c) Producers of Phonograms; (d) Publication; (e) Reproduction; (f) Broadcasting; (g) Rebroadcasting

Article 4: Performances Protected. Points of Attachment for Performers

Article 5: Protected Phonograms: 1. Points of Attachment for Producers of Phonograms; 2. Simultaneous Publication; 3. Power to exclude certain Criteria

Article 6: Protected Broadcasts: 1. Points of Attachment for Broadcasting Organizations; 2. Power to Reserve

Article 7: Minimum Protection for Performers: 1. Particular Rights; 2. Relations between Performers and Broadcasting Organizations

Article 8: Performers acting jointly

Article 9: Variety and Circus Artists

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CONVENTION BERNE FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS PARIS ACT OF JULY 24, 1971

CONVENTION BERNE FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS PARIS ACT OF JULY 24, 1971

TABLE OF CONTENTS

The countries of the Union, being equally animated by the desire to protect, in as effective and uniform a manner as possible, the rights of authors in their literary and artistic works,

Recognizing the importance of the work of the Revision

Conference held at Stockholm in 1967,

Have resolved to revise the Act adopted by the Stockholm Conference, while maintaining without change Articles 1 to 20 and 22 to 26 of that Act.

Consequently, the undersigned Plenipotentiaries, having presented their full powers, recognized as in good and due form, have agreed as follows:

Article 1

[Establishment of a Union]

The countries to which this Convention applies constitute a Union for the protection of the rights of authors in their literary and artistic works.

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COPYRIGHT CONVENTION AS REVISED AT PARIS ON 24 JULY 1971

UNIVERSAL COPYRIGHT CONVENTION AS REVISED AT PARIS ON 24 JULY 1971

The Contracting States.

Moved by the desire to ensure in all countries copyright protection of literary, scientific and artistic works,

Convinced that a system of copyright protection appropriate to all nations of the world and expressed in a universal convention, additional to, and without impairing international systems already in force, will ensure respect for the rights of the individual and encourage the development of literature, the sciences and the arts,

Persuaded that such a universal copyright system will facilitate a wider dissemination of works of the human mind and increase international understanding,

Have resolved to revise the Universal Copyright Convention as signed at Geneva on 6 September 1952 (hereinafter called "the 1952 Convention"), and consequently,

Have agreed as follows:

ARTICLE I

Each Contracting State undertakes to provide for the adequate and effective protection of the rights of authors and other copyright proprietors in literary, scientific and artistic works, including writings, musical, dramatic and cinematographic works, and paintings, engravings and sculpture.

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