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Domestic violence is one of the most important obstacles to the promotion and protection of human rights in the regionally and globally, particularly given the nature of this phenomenon and the ...
These days, when intervening governments, separately or in coalition, take over a country and reshape its governance, they say that their goal is the establishment of the rule of law. In this project,...
The "performance" of obligations by persons other than those who bear them, far from being exceptional, is an everyday occurrence under both the French and English systems of law. It is the purpose of...
The fraud rule allows the issuer of a letter of credit or a court to disrupt the payment of a letter of credit when fraud is involved. The raison d’etre of letters of credit is to provide an absolute ...
The revision of January 1st, 2002, generally referred to as a reform, brought to an end endeavours which had begun as far back as the late 1970ies, when the then Minister of Justice of the Federal Rep...
The discipline ‘comparative law’ seems still to be distinguishing itself from lawmaking. In this paper I investigate theoretical reasons for this and propose a new type of concept of law, which should...
The political participation of women in France and European and Kanak1 women in New Caledonia2 has been brought into sharp focus by an amendment to the French Constitution in mid-1999 (allowing for th...
Many comparatists view family law as an impenetrable and unproductive field of legal policy. This perspective invariably draws on Montesquieu and the argument that there are particularly close ties be...
The Pacific republic of Vanuatu is an archipelago of islands located off the East coast of Queensland, Australia, at 16 00 S and 167 00 E. To most people it is a speck on the map (Fig. 1). However, Va...
The present paper takes a fresh look at the issues of certainty of law and the problem of reviewability of past decisions. The author draws on experience in teaching law to students from exact science...
The European Commission’s “Expert Group on European contract law for stakeholders’ and legal practitioners’ feedback” has just published a Feasibility Study,1 which is largely, but not exclusively bas...
One of the remarkable differences in contract law between legal systems in the European Union and China is the definition and status of contractual freedom. Historically, contractual freedom has not b...
How persistent are the effects of legal institutions adopted or inherited in the distant past? A substantial literature argues that legal origins have persistent effects that explain clear differences...
This paper is partially to refute the submissions by Gulati’s article recently published on Beijing Law Review which proposes abandoning the requirement of proving intention to create legal relations ...
The contemporary regulatory state has developed as a result of both new legislation and political struggles that accompanied an increasingly globalized world and the economic crisis in the 1970-1980s....

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