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Performance of Another's Obligation: French and English Law Contrasted
Law Contrasted French and English Law
2015/8/5
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...
A Comparative Analysis of the Standard of Fraud Required Under the Fraud Rule in Letter of Credit Law
Fraud Rule Fraud Required
2015/8/4
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 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 Law on Gender Parity in Politics in France and New Caledonia: A Window into the Future or More of the Same?
Politic France and New Caledonia
2015/8/4
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...
A Note on Comparative Family Law: Problems, Perspectives, Issues and Politics
Problems Perspectives Issues Politics
2015/8/4
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...
A Microcosm of Comparative Law: the Overlay of Customary, French and English Family Law in Present Day Vanuatu
Overlay of Customary French
2015/8/4
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...
Systems Dynamics in the Law: A Comparative Approach to Certainty in the Common Law and Reviewability of Past Decisions
Law Systems Dynamics
2015/8/4
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 detrimental crime of abortion: A comparative study between Malaysian law and common law
Detrimental crime of abortion comparative law Islamic law common law
2010/9/26
Although procreation is considered as the most important function of marriage, millions of women use some means of contraception and even resort to abortion. Medical reasons constitute only a small pr...
'Adventurous' judgments--A comparative exploration into human rights as a moral-political force in judicial law development
judicial activism human rights law-finding comparative law
2009/11/27
This article looks at the development of law by the judiciary in the sense of judgments taking the law beyond the point of what was hitherto regarded as ius positivum. Its main perspective, however, i...
Legal argumentation based on foreign law:An example from case law of the South African Constitutional Court
South African Constitutional Court dialogue between judges legal argumentation foreign law comparative constitutional law
2009/11/27
This article aims to make some introductory remarks concerning the phenomenon of the circulation of ‘foreign law’ between constitutional courts. A convenient setting for some considerations regarding ...
The principles of European family law: its aims and prospects
European family law comparative law harmonization divorce spousal maintenance parental responsibilities European research project
2009/11/27
The Commission on European Family Law (CEFL) initiated a research project based on transnational collaboration that was generally believed to be impossible to realize in Europe. Never before in legal ...
What comparative family law should entail
comparative family law international family law European family law private international law in family matters methodology
2009/11/27
Since globalization is not only restricted to economic and political relationships, but literally ‘hits home’, it has become indispensable to look beyond national boundaries and to take international ...
Application of the comparative method in the law study
comparative method the science of law the general theory of law
2009/11/23
Any social phenomenon that appeared spontaneously or was generated byother factors needs to be studied by various existent or recent sciences in oursociety.By adopting the principle that nothing is lo...
THE GOOD FAITH PRINCIPLE IN CONTRACT LAW AND THE PRECONTRACTUAL DUTY TO DISCLOSE: COMPARATIVE ANALYSIS OF NEW DIFFERENCES IN LEGAL CULTURES
THE GOOD FAITH PRINCIPLE CONTRACT LAW PRECONTRACTUAL DUTY COMPARATIVE ANALYSIS NEW DIFFERENCES LEGAL CULTURES
2014/6/27
The purpose of this paper is to delineate new similarities and future differences between legal systems, using pre-contractual liability and good faith. Instead of focusing on the differences between ...