Mobile Geolocation - a Technico-Legal Revolution

Legal system of a state determine the main source of law in making a legal policy, clearly legal systems has certain characteristic although on the development differences among legal system cannot be seen clearly.To comprehend and strengthen the legal systemof a staterequired an observation toward legal system of other states as comparison. The function of legal systems comparison is the basis to grouping states into the family of legal system.Basically legal system describes legal form of a state, hence when a legal system createdfrom structure, substance and culture of certain state the legal system must reflect the state identity. Several factors influence the process to develop a legal system, such as economics, political and social. Means, legal system could be form not only by internal values but also external factorsof state. As a result to avoid legal systems with thin similarities and differences, finding a suitable legal system that in line with the identity of a country is a better way.Discussion about the thin differences between Continental European and Anglo-Saxon do not get big attention as before, impressed ignored and turn out trigger of questions. Why a stateunable to consistently espoused the legal system?, whethergrouping legal systemsinto family of legal system no longer important?. This paper will answer those question by deeply examinethe restorationof legal system so that in line with the historical value of a state. Colonized states often apply legal system that comes from colonizer after independent which means their legal system is notthe state pure legal system that can be incompatible with the values that develop in a state. Would be inconsistent when the legal system applied is Continental European, but in fact the values, laws, institutions and legal verdict are based on the values of religious, Islam for instance.Gambia,a state in Africa with 95% of population is Muslim and the former British colonytake a big step by leave the legacy of colonial legal system, Anglo-Saxon. Gambia. How could a state forced to follow the legal systems of other states remember law is an independent rule, free from interference and coercion. This is the focus study will explain about that when legal system with openness value must have consistency with values that recognizedand upheld by society in a state. As a result changes in a legal system toward identity of a country are necessity and inevitable. On the other hand, debates and critics on the thin differences of legal system should be an independent study to discuss.

Legal Personality as a Fundamental Concept of International Law

The International Responsibility of the OSCE

The history of tortious acts had known individuals as the only entities who, through their specific actions, performed the different types of legal dishonesty. There could be punished the person who, by taking an action or by its omission, produced a prohibited consequence. However, the development of industrialization and the expansion of economic activity have led to the establishment of legal or business entities. They marched in different types of legal relationships being based on the desire for profit. In this context, there appeared the first forms of illegal activities performed by legal entities in the financial sphere. The final consequence of illegal actions taken by legal entities was reflected in causing extremely large damage being beyond the one which could be made by people as subjects of tort liability. Regarding the fact that law is a faithful companion of social events, it is natural that there were attempts of a legal regulation of the activities of legal entities as the answer to their illicit conduct. Hence, the tort liability of legal entities may be divided into: misdemeanor liability, economic leap responsibility and criminal liability. Last decade there was, for the first time, introduced criminal liability of legal entities in Serbia, by which our country was classified among legally regulated European countries. However, this does not exclude their liability for violations and economic crimes as special forms of tort liability. Starting from the previously mentioned facts, the author wishes to point out the basic elements of all three forms of tort liability of legal entities in our legal system. The order of the presentation will be aligned with the time of their introduction into our positive law. Therefore, first there will be said something about the misdemeanor, then about the economic leap and criminal liability of legal entities.

Brunei Darussalam is an absolute monarchy with the Malay Islamic Monarchy (MIB) philosophy that combines Malay culture, Islamic teachings, and the sultanate system in its legal and governmental structure. Brunei's legal system is dual in character: common law inherited from the British Empire and Islamic law, which was further strengthened after independence in 1984. This dynamic reached a critical point with the enactment of the Sharia Penal Code Order (SPCO) 2013, which expanded the scope of Islamic law from the family sphere to the criminal sphere. This article aims to analyze the development of Brunei's legal and judicial system within the MIB framework and examine legal reforms through the SPCO 2013. The research method used is a qualitative literature study approach, through a review of primary literature in the form of regulations and official documents, as well as secondary literature such as journal articles, books, and academic publications. The results of the study indicate that Brunei's legal system was formed from the interaction between British colonial influences, Islamic traditions, and the political legitimacy of the Sultan, united by the MIB ideology as a normative basis. The 2013 SPCO emphasized a more comprehensive transformation of Islamic law, despite international criticism regarding hudud punishments. In conclusion, Brunei's legal system serves not only as a normative tool but also as a political, social, and cultural instrument in strengthening the nation's identity.

General Background: The reform of Indonesia’s criminal law has culminated in the enactment of Undang-Undang Nomor 1 Tahun 2023, which introduces a new Criminal Code (KUHP) reflective of both domestic values and international principles. Specific Background: Indonesia’s previous criminal legislation, a legacy of Dutch colonial law, often failed to accommodate the nation’s socio-cultural diversity and evolving legal landscape. Knowledge Gap: Despite its significance, limited scholarly analysis has been conducted on how the new KUHP integrates local customary norms with universal legal principles. Aims: This study aims to analyze the integration of local and universal values within the new KUHP and assess their implications for Indonesia’s legal identity and justice system. Results: The findings reveal that the KUHP explicitly accommodates indigenous norms within its judicial framework, enabling more substantive justice. It also strengthens Indonesia’s legal stance globally by upholding universal principles such as legality and territoriality. Novelty: The research highlights the dual harmonization of normative systems—customary and international—in a unified penal code, a distinctive move in contemporary legal reform. Implications: This integration fosters a more inclusive and culturally responsive legal system, reinforcing Indonesia’s sovereign legal identity while aligning with international legal standards. Highlights: Reflects synergy between indigenous norms and international legal standards. Enhances legal relevance to Indonesian cultural context. Strengthens Indonesia’s role in transnational legal frameworks. Keywords: Criminal Law Reform, Indonesian Legal System, Local Values, Universal Principles, KUHP 2023

International arbitration decision shall be in accordance with the provisions of laws and regulations or legal system in the country. The legal system has three elements, namely the substance of the law, the legal structure and legal culture. Study of this law is the study of normative law, and based on the legal theory of Friedman, the legal review was conducted by a study from the point of legal substance, namely legislation, including its principles, judicial authorities, procedural law, and of legal culture. Qualitative analysis method was used to examine if execution of International Arbitration Decision is appropriate with Indonesian Law System. Based on the study of the law, that the execution of International Arbitral Awards in London on July 3rd 2006 on Transportation Contract Dispute Through the Sea in compliance with Indonesian Law System. International Arbitration Decision Execution is hampered because of the lack of good faith of the defendant, the defendant does not voluntarily execute commands authorized Courts.

In my article, I present the person metaphor as the constitutive term for the theory of artificial persons. We have been dealing with various manners of reading the nature of the legal person, and consequently of law in general, especially private law (Privatrecht), since Roman times to this day. The point of departure for my deliberations, in which I try to demonstrate the nature of metaphorical expressions used in building legal theories, is a statement by Paul Kirchhof, who demanded that metaphorical expressions be eradicated from positive (statutory) law. In my article, I ask whether the demand can also be applied to theoretical deliberations of lawyers on the nature of law. Based on examples from legal discussions on the nature of the legal person, I formulate the claim that Paul Kirchhof’s demand should be applied only to positive law texts. Metaphorical expressions have no raison d’etre in such texts, especially if they are meant to serve as terms. A different situation occurs where a metaphorical expression is the basis for building a legal system and relations among its components. At this phase of developing law, metaphorical expressions give rise to similarities on which its functions depend. Therefore, at the stage of structuring the meanings of legal terms, corresponding to the vagueness of the metaphor are the important processes of defining and then using legal terms.

In the last four decades, one of the fastest-growing fields of research in economics has been the contractual theory of the firm developed in Coase’s (1937) footsteps. Yet despite what otherwise seems to be a genuine success story the question of the nature of the firm remains an empirical and theoretical challenge, painfully illustrated by the lack of consensus regarding the definition and boundaries of the firm. The argument of this thesis is that many thorny questions that plague the literature, including issues related to ownership, boundaries, and intra-firm authority, are due to the fact that contractual theorists of the firm have generally overlooked a key legal feature of the economic system, without which theories of the firm are like Hamlet without the Prince. An elementary institutional fact about firms and markets is that in order to become a fully operational firm in a modern market economy, an entrepreneur or an association of resource owners need to go through a registration or incorporation procedure by which the legal system creates a separate legal person or legal entity in which ownership rights over assets used in production are vested, in whose name contracts are made, and thanks to which the firm has standing in court. With this assignment of legal personality, the legal system creates the efficiency-enhancing nexus for contracts that literally carries the organizational framework of the firm, and secures its continuity by locking-in the founders’ committed capital, thereby allowing them to pledge assets, raise finance and do business in the firm’s own name. Given the basic principle that only legal persons may own property and have the capacity to contract, and the implication that legally enforceable contracts can only exist between legal persons, it is something of a paradox that the notion of legal personality is absent from the prevailing narrative in the contractual theory of the firm. The thesis examines the reasons behind this state of affairs, and identifies alongside the widespread view among economists that firms can be defined with little or no reference to law, particularly statutory law, the lasting influence of Jensen and Meckling’s (1976) ambiguous dismissal of legal personality as a legal fiction that unavoidably leads to misleading reification. In order to disentangle the issues involved, the thesis puts this argument into historical perspective, and suggests that much can be learned from the corporate personality controversy that in the past has addressed the same questions. As the overview of the history of this debate reveals, the category mistakes that Jensen and Meckling presented as inevitable can be easily avoided once the meaning and functions of legal personality are properly understood. The thesis dispels enduring misunderstandings surrounding the notion of personhood, and proposes a legally-grounded view of the nature and boundaries of the firm that recognizes in law’s provision of legal entity status a fundamental institutional support for the firm while fitting the overall Coasean narrative.

Macau Business Law and Legal System

The question of the penal responsability of a given legal person is one of the open areas in international law. The European Council has already taken position in favour of such a responsability. However, the tradition of national autonomy has not been questioned so far. Hence it is only on the basis of a systematic description and comparison that a European solution could be worked out. The article offers a survey of the various legal Systems where the principle of penal responsability has been accepted (England, the Netherlands and France) and of those Systems where it has been refused until so far (Belgium, Germany). The imputability of the material act and the moral element requires the main part of the discussion. It is a remarquable phenomenon that Belgium and Germany, the two countries that do not accept a penal responsability of a legal person, nevertheless do take initiatives against criminal moral persons, either while hitting them through the physical persons or by means of non-penal measu-res. The penal solution ought to be preferred to the administrative one, given the insuronces already implied in penal law. Once such a principle has been accepted, it makes sense to apply penal sanctions in a consistent way while taking into consideration the nature of the moral person(s) involved, and this for a given number of offences that may have been committed by them. Due to the direct relation with criminal reality, a large concept of "legal person " is recommended. It also makes sense to cumulate the penal responsability ofthe legal person on the one hand and the physical person on the other hand, as long as the principle of non bis in idem can be maintained. In fact, none of the national legal Systems seems to be satisfactory on its own, but a few basic principles which may allow for a more global policy are now at least better known. This is exactly why a comparative discussion and analysis appeared to be necessary.

Since a legal person is an enterprise which is an organization and does not have the capacity of will and behavioral ability possessed by a natural person, legal representatives have emerged as the times require. Under the legal system in China, a legal representative, as one of the necessary elements for the establishment of an enterprise legal person, is the natural person representative of an enterprise legal person formulated by law to represent an enterprise and exercise its civil capacity. According to the definition of General Rules of the Civil Law of the People's Republic of China, “in accordance with the law or the articles of association of the legal person, the responsible person who acts on behalf of the legal person in exercising its functions and powers shall be its legal representative.”

The article is devoted to the research of the institute of responsibility of public servants in the system of service law of Ukraine. It is emphasized the importance of legal support for the functioning of the public service system, in particular the regulation of the mechanism of responsibility of public servants. It is noted that the institution of responsibility is a mandatory element of the system of every branch of law, including official, because it is this legal entity whose task is to ensure the proper implementation of the legal status of every public servant. Considering the responsibility of public servants from the standpoint of social and legal content, the author emphasizes that the views of scholars on this issue are very different, as they reflect the palette of the worldview of each individual researcher and characterize the various aspects of public relations. In a wide sense, responsibility is a legal relationship between public authorities in the person of its authorized bodies and subjects of law, for the accurate and conscientious implementation of the requirements contained in the relevant rules of law. Analyzing the scientific views of scholars on responsibility, it is emphasized that in general, the liability of public servants should be understood as a procedurally established application of coercive measures of coercive influence on a particular public person for committing an offense. It is stated that the content of the legal nature of the institute of disciplinary responsibility of public servants, in particular in the system of service law of Ukraine, which needs proper research, remains important and extremely necessary for law enforcement and human rights activities of authorized subjects. Based on the analysis of scientific achievements of local and foreign scholars on the legal system, it is emphasized that currently there are different approaches to understanding the systemic structure of legal branches, in particular some scholars remain on the views developed in our time, while others try to adapt European researchers-lawyers on the system of law on modern Ukrainian realities. As a result, the author emphasizes that we can now state that each branch of law, which we call general, special or special law, always contains a list of legal norms in the appropriate relationship and sequence and thus ensuring the ability of the subject of rule-making, law enforcement or human rights activities to achieve the desired result – to create or harmonize existing social relations, giving them the status of legal relations. Keywords: public service, service law, responsibility, legal system, general, special and special part, sanctions.

With the increasing number of bankruptcy cases, the insolvency of associated enterprises among them has gradually attracted widespread attention. The theory of legal personality denial has entered the field of bankruptcy law from corporate law and other fields, and is mainly applied to solve the problem of bankruptcy of associated enterprises, but the legal personality denial system has greater limitations in the current judicial application in China. Through the examination of extraterritorial application, in the new Enterprise Bankruptcy Law in the future, a special chapter on the bankruptcy of associated enterprises should be established. The denial of legal personality system should be the core, mainly dealing with the abuse of legal personality and supplemented by the two major principles of substantive consolidation and equitable subordination and applied prudently. In the process, it will be continuously integrated with China’s judicial practice. The changes in the status of the three institutional principles will be considered when the legal system for the bankruptcy of associated enterprises is perfect and mature.

One of the very important topics concerning the relationships between holding companies and subsidiary companies is the issue of the holding company’s responsibility regarding its subsidiaries. Given the independent legal personality, the question arises: Does the holding company have any responsibility for the actions and obligations of its subsidiary companies? The answer to this question may vary across different legal systems. In this article, an attempt has been made to answer this question by examining the legal systems of several countries and analyzing the relevant legal provisions in Iranian law. Ultimately, after thorough examination, it has been concluded that despite the independent legal personality of legal entities and the fact that in some legal systems, holding companies have been held responsible for their subsidiaries, in Iranian law, due to the lack of explicit legal texts on this matter and the emphasis on the independence of the legal personality of entities, it can be argued that holding companies are only responsible to the extent of a company and shareholder for the actions of the subsidiary.