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Joseph Dute

deprived of his liberty if, as an additional subjective element, he has not validly consented to the confinement in question. As to the circumstances of the present case, the Court considers that the key factor in determining whether the applicant was deprived of her liberty is that the medical staff of

Ida Helene Asmussen and Katharina Eva Ó Cathaoir

-inspired concept of power. Foucault describes power as productive, i.e. that power not only oppresses and confines subjectivity and autonomy, but also that power is exercised through certain contextual rationales that govern autonomous choice in a particular direction. 35 Koch and Svendsen thereby describe how

Leyre Elizari Urtasun

over 16. 22 Article 9 of Spanish Law 41/2002 on the Autonomy of the Patient was therefore reworded in 2015, and in the light of its new wording 23 it is inevitable to ask if the legislator has also introduced the subjective criterion of maturity for minors over 16 years of age. Some authors believe so

Aoife Finnerty

objective, as distinct from subjective, perspective – it is (not) reasonable for the general public to expect the product to be safe, as distinct from it being reasonable for a particular individual to expect the product to be safe 38 – an approach which it appears that the Irish courts have taken. 39 The

Anna Mäki-Petäjä-Leinonen and Kati Juva

Court, the attestations of the close relatives about the testator’s capacity deviated decisively from each other and they were also subjectively coloured. The Supreme Court concluded that the will was void because the testator lacked the necessary testamentary capacity. 5.3 The Significance of Other

Denard Veshi and Gerald Neitzke

function within the society; 10 others argue that this concept is subjective, centred on personal life satisfaction; 11 yet other scholars try to combine these approaches. 12 From a strict Italian legal point of view, ad s should be considered as unilateral acts (declarations of intent) which produce

An Baeyens and Tom Goffin

of whether they are exempt. Further the court asks whether, in order to determine the existence of such a purpose, the subjective understanding the recipients of those services have of them must be taken into consideration. Finally, it asks what effect the fact that such services are supplied by

Christian Ravenstein

or pains could be an indicator of this interest. The decision is the subjective and individual result of an assessment of all criteria. The Court stated that if the individual supposed interest couldn’t be deduced, exceptionally a hypothetic interest might be taken into account. To f ind out this

Paula Marinho Da Silva

review. According to the Court of Cassation the right to life as protected by Article 2 refers only to physical life in its usual significance and not to a subjective meaning of life being worth to be lived or not according to one's own conviction. Also, Article 2 includes the protection of the life of a

Lucas Bergkamp

Helsinki Declaration or the EU Clinical Trial Directive. 1. The Main Common Principles There is a series of principles that are relevant to medical research involving human beings. Although some subjectivity cannot be avoided, based on an analysis of the existing regulatory instruments, the key principles