Legal Research & Analysis

Informed Consent of the Patient

Dinu Catalina Georgeta, Eleonora Brandusa Miess

Scientific article

As a basic and general condition for the conclusion of the civil legal act, consent does not know a legal definition, this role being left to the doctrine. But the Romanian legislator dedicates a generous regulation to it in the Civil Code. Thus, consent was defined as a person's manifestation of will to conclude or perform a legal act. To produce legal effects, the consent must be conscious, free, and untainted. Consent, as provided by art. 1240 of the Romanian Civil Code, can be expressed verbally, in writing or through a behaviour that, according to the law, the parties, established between them, that leaves no doubt about the intention to produce the corresponding legal effects. Referring to the medical act and to the need for a valid and informed consent of the patient, we can define this informed consent, as representing the informed consent of the patient in relation to the interventions/medical acts that can have unpredictable consequences. However, to make an informed decision, the patient must be fully informed about his state of health, about the proposed medical procedures, about the potential risks and benefits of each procedure, about alternatives to the proposed procedures, about the diagnosis, the prognosis, and the progress of the treatment. As a rule, obtaining consent is done only after the patient is informed according to his capacity to understand, clearly and with direct reference to the medical act to be performed, communicating any useful information to make a fully informed decision of cause.

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Consumer Protection in The New Digital Decade

Cristina Mihaela Salcă Rotaru

Scientific article

In this article, the effect of digitization, the use of the Internet and the Internet of Things on consumers in the EU in general and in Romania in particular is discussed. The research is linked to the legislation and policies for accelerating the digital transformation and to the concrete digital objectives pursued in the implementation of the Digital Decade at the level of the European Union. Creating new volumes of data through the implementation of digital services and technologies can create new issues related to data protection and therefore maintaining consumer confidence, confidentiality, access to data and their integrity. The right to information and the information of the average consumer are perhaps the most important aspects of consumer protection. These are key elements of the informed decisions that the consumer must make, in and about the digital environment, so that it is protected against risks and possible harm to its health, safety and fundamental rights. The research results reveal the vulnerability of Romanian consumers to the new reality imposed by the acceleration of digitalization at European level and proposes measures to reduce the digital divide in terms of digital skills.

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Changing Paradigm of the Labour Laws in India: A legal Analysis

Ayushi Aggarwal

Scientific article

With the evolving landscape of labour laws in India, examining the recent shifts and their implications through a legal lens becomes necessary to study the changes brought by the new legislation. The new labour reforms aim at creating more job opportunities, providing safety and bringing transparency. There are about 200 state legislations and 40 central legislations, which frequently provide colluding jurisdictions, prompting revisions to integrate all of those laws under the umbrella of four labour codes. These codes provide several new clauses addressing the problems of laid-off workers and Unorganized workers.[1] India, with its complex socio-economic fabric and diverse workforce, has undergone significant transformations in its approach to regulating labour relations. The interstate workers have also been provided with the provisions of the Public Distribution System. This work elucidates approaches of the legislature to create a legal framework for dealing with these unique circumstances of labour. It explores whether the standards of international labour law could account for such an arrangement and provides that this is true, and to what degree. The author attempts to analyze the increased awareness and utilization of new labour codes in line with the existing labour legislations for improved assessment of existing labour law principles.

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Critical Analysis of Legal Discourse: A study of the Effectiveness of Brazilian Environmental Legislation

Ana Keuly Luz Bezerra, José Machado Moita Neto

Scientific article

The little effectiveness of environmental law does not correspond to the importance that this branch of law has for today's society and for the future of mankind on Earth. The aim of the present study was to analyze the role of the Judiciary in dealing with environmental issues through the identification of the categories of reasoning of legal discourses arising from environmental demands trials. The methodology used was critical discourse analysis based on the categories formulated by Fairclough (2001). The sample consisted of a Direct Action of Unconstitutionality (ADI) judged by the Federal Supreme Court and an environmental Public Civil Action (ACP) judged by the Federal Judicial Section of Piauí (SJPI). The study showed that the discourses captured in the interviews of the practitioners are against the written legal discourses, however their discursive practices have not yet been sufficient to transform the ideological positions demarcated in the Judiciary. It is believed that legal discourses are in many cases the consequence of a doctrinal formation based on individual rights and cultural values ​​that do not have the environment as a priority, and also due to the divergence of position regarding the eminent issues of society when compared to environmental issues.

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Case Comment: Matam Gangabhavani v. State of Andhra Pradesh

Arya Krishna Pottayil Sivadasan, Vismaya Kuttiyayathil

Scientific article

Transgender is as a broad term that defines individuals whose gender individuality or expression is different from the culturally-bound gender linked with one’s allotted birth sex, i.e., male or female. Transgenders face extensive bias, discernment, violence and other problems of stigma and trans-phobia, i.e., abhorrence of or bias against trans-sexual or transgender people. Stigma is the social process of tagging, labelling, and declining human difference as a system of social regulator. Studying several approaches whereby transgenders face the stigma and discrimination and to comprehend circumstances and environment under which they are susceptible towards stigma is an important field of contemporary research. This paper scrutinizes the judgment by The Hon'ble Sri Justice M. Satyanarayana Murthy of the case Matam Gangabhavani vs State of Andhra Pradesh (2022 SCC Online AP 200) in the light of the nature and approach of the judgment towards the transgender society. Society is a vast term which includes various kinds of communities and judgment like Matam Gangabhavani has an effect to the society about the social stigma and the legislations by the government. The paper analyses the judgment and criticize the non-inclusive approach of the bench and also discuss the effect of such judgment to the society as a whole.

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Civil Liability of The Air Carrier for Errors of The Aircraft Crew in Jordanian Law

Abdulwahab Abdullah Al-Maamari, Abed Alhameed Yousef Mohammad Al-Adwan

Scientific article

The aircraft crew bears significant responsibility as they operate the aircraft in the sky, carrying numerous duties and exercising various authorities to perform their tasks effectively. The aircraft crew is obligated to fulfill their commitments towards the air carrier. Current study addresses the issues surrounding the extent of the air carrier's liability for errors committed by the aircraft crew. These errors may be personal, technical, or administrative during flight. We used a comparative, descriptive, and analytical approach to achieve the objectives of the thesis and answer its questions, which focus on defining the obligations and authorities of the aircraft crew and determining the nature of the air carrier's responsibility for errors of the aircraft crew. The key finding of study is that the Jordanian legislator has largely held the air carrier responsible for damages resulting from errors committed by the aircraft crew. Both the air carrier and the aircraft crew share responsibility for these damages towards third parties based on solidarity and mutual assistance. It is suggested to amend the text of Article (42/C) to include detailed provisions specifying the extent of responsibility for each member of the aircraft crew, the responsibility of the aircraft commander, operator, and air carrier in the face of actions leading to harm.

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