Feststellung des rückforderbaren Kautionsbetrags im Außerstreitverfahren – eine erste Bestandsaufnahme

Gem § 37 Abs 1 Z 8b MRG idF der WRN 2009 ist die Feststellung der H?he des rückforderbaren Kautionsbetrags im (mietrechtlichen) Au?erstreitverfahren geltend zu machen. Der vorliegende Beitrag behandelt die Folgen dieser – lediglich auf Feststellungsansprüche beschr?nkten – Verweisung ins Au?erstreitverfahren für die Durchsetzung des Kautionsrückforderungsanspruchs. Darüber hinaus werden Fragen der Geltendmachung von Gegenforderungen durch den Vermieter und Probleme zeitlich versetzter Rechtsverfolgung n?her untersucht.     

On the Nature of Norms

This paper deals with the question of how norms are to be conceived of in order to understand their role as guidelines for human action within various normative orders, particularly in the context of law on the one hand and conventional morality on the other. After some brief remarks on the history of the term “norm,” the author outlines the most significant general features of actually existing social norms, including legal and conventional norms, from which he arrives at two basic requirements on an appropriate conception of such norms: the actuality and the normativity requirements. On this basis, he enters into a critical discussion of Kelsen's highly influential view of norms, arguing that this view is doomed to failure. In the last part of the paper, the author scrutinizes the more promising “practice theory of norms” by H.L.A. Hart, which, in his view, also suffers from some shortcomings, but may be modified in a way that leads to a conception of social norms providing us with a plausible explication of their actual existence and their normative force.     

POLITIC OF LAW OF GROUND WATER EXPLOITATION

One of Indonesia characters is welfare state, reflected in Republic Indonesia Constitution in 1945 （UUD NRI year 1945） on Preamble paragraph 4 mentioning the general welfare is the primary aim of the state. Provision of Article 33 paragraph （2）, （3）, and （4） UUD NRI year 1945 as lives of many people that natural resources inform of water for the greatest prosperity of people＇s and controlled by state. This is in line with the Constitution Act No. 7 year 2004 on water resources, focus on welfare of people and based on the reflection of democracy spirit. Based on the constitution of Local Government Act No. 32 year 2004, the important role to support the achievement of social welfare problems associated with water （ground water）, is crucial. However, the Presidential Decree RI No. 36 year 2010 which provides space for the foreigners to invest in water exploitation orientation, and there was interest~politic of law, so the local government at the beginning prioritize on the welfare of the local people turned into the realm of economic interest to revenue for local government. Based on the statement above, so the problems of people＇s welfare, democracy and justice are neglected.     

Assessing and meeting the health needs of Roman Catholic priests in the archdiocese of Chicago

In 1985, the Bishops' Committee on Priestly Life and Ministry recommended bishops form holistic health boards for their priests based on the results of a 1982 U.S. survey of Catholic priests. In 1995, a holistic health committee was formed under the office of the vicar for priests for the archdiocese of Chicago. One of the committee's first actions was to survey the priests of the archdiocese of Chicago to identify baseline health behaviors and needs. Survey results (n = 524; 52% response rate) revealed the need for the committee to promote health education, preventive care, and annual physicals. The committee conducted a series of health fairs, improved the insurance benefit for an annual physical, and conducted a series of health-related talks targeted to priests. A follow-up survey in 2006 (n = 389; 46% response rate) indicated improvements in health behaviors of the priests. Comparisons to statewide and national data indicate that overall, engagement in healthy behaviors is higher for priests than for men who are not priests.