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Journal articles on the topic 'Bailments'
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1
Phang, Andrew. "Sub-Bailments and Consent." Modern Law Review 58, no. 3 (May 1995): 422–30. http://dx.doi.org/10.1111/j.1468-2230.1995.tb02021.x.
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Alberto, Louis M. "Contemporary Problems in Hotel and Restaurant Law: Innkeeper Bailments." Hospitality Education and Research Journal 12, no. 3 (August 1988): 43–51. http://dx.doi.org/10.1177/109634808801200304.
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Hunter, Jr Richard J., Henry J. Amoroso, and John H. Shannon. "A Primer on the LAW in the United States: Part III Scope of Liability in Product Liability Cases." International Journal of Learning and Development 2, no. 4 (July 4, 2012): 1. http://dx.doi.org/10.5296/ijld.v2i4.2049.
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In Part III of our study, the authors describe the types of transactions that are most common in products liability cases and also delineate the parties to the transaction. This article concludes by discussing some “special topics” in modern product liability law: enterprise liability, alternative liability, and market share liability. The article relies on references to the Uniform Commercial Code, the Restatement of the Law of Torts, and cites the major common law cases that have impacted on these important issues. Key Words: Products Liability; Bailments; Franchising; Used Goods; Enterprise Liability; Market Share; Alternative Liability
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Renner, Shirley. "Liability in Bailment in Israeli Law — Rethinking Benefit." Israel Law Review 31, no. 4 (1997): 744–53. http://dx.doi.org/10.1017/s0021223700015491.
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While “classical” tort law deals with the liability of those unlawfully in possession of goods for their damage or loss, the law of bailment deals with the liability of those lawfully in possession of goods for their damage or loss.The Israeli statute relating to bailment, The Bailees Law, more closely resembles the law of bailment in common law, than its civil law counterpart, the law of deposit. Similar to the law of bailment in common law, Israel's Bailees Law covers both possession where the primary object is the safekeeping of goods, e.g., a warehouseman, and possession where the primary object is other than safekeeping of goods, e.g., chattel hire, hire of work and labour to be performed upon a chattel, and a pledge.In terms of liability for the loss of or damage to the goods, the Israeli statute roughly resembles the “traditional” law of bailment in the common law, which distinguishes different kinds of bailment according to the existence and location of benefit received.
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Lachner, Višnja, and Jelena Kasap. "The foundations of creditor's liability in gratuitous contracts in Croatian medieval law." Zbornik radova Pravnog fakulteta Nis 59, no. 89 (2020): 205–26. http://dx.doi.org/10.5937/zrpfn0-28603.
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Gratuitous contracts (bailments) are the most common legal affairs in everyday legal transactions. On the one hand, their informal nature that distinguishes them from other legal affairs facilitates their application; on the other hand, it complicates the legal position of the contracting parties in case of breach of contractual obligations. Liability for breach of contractual obligation equally affects both contracting parties: the creditor and the debtor. In accordance with the principle of utility, the debtor is a contracting party that benefits most from the conclusion of a gratuitous contract. However, the discussions about the creditor's obligations and the liability criteria have been quite rare ever since the development of the earliest legal systems. This is not surprising given the fact that the gratuitous contracts are, almost as a rule, concluded between friends and acquaintances, and marked by the trust of the contracting parties. The foundations of the privileged liability of creditors, both in Western European legal systems and in Croatian law, are based on Roman law principles, which have been entered into the modern law of obligations through reception of the ius commune legal norms. As the issue of creditors' liability in gratuitous contracts has not been sufficiently examined in the Croatian scientific literature, this research is aimed at exploring and establishing the legal grounds of liability of the lender (creditor), the depositor, and the donor in Croatian law, by analyzing and comparing the available historical sources of Croatian medieval law. In that context, the authors will also discuss in more detail the reasons for enacting the unique legal solutions contained in the Croatian Obligations Act.
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Mandloi, Kartik. "Commercial Utility of Bailment." International Journal of Trend in Scientific Research and Development Volume-2, Issue-5 (August 31, 2018): 1093–98. http://dx.doi.org/10.31142/ijtsrd17038.
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Hribov, M., A. Venediktov, and Yu Venediktova. "Problems of releasing a person from criminal liability in connection with bail." Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav 26, no. 2 (April 14, 2021): 8–18. http://dx.doi.org/10.33270/01211192.8.
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The purpose of the study is the determination of the possibility of a person’s releasing from criminal liability in connection with his/her bailment to another subject rather than the bailment to a collective of a company, an institution, an organization (in particular, to a labor collective formed by an individual as an entrepreneur), and also making the appropriate proposals for improvement of the legislation. Methodology. The methodological basis of the research is a dialectical-material method of scientific cognition of social and legal phenomena, as well as general scientific and special methods of legal science, in particular: systematic-structural; comparative-legal; logical-legal (dogmatic); statistical. The scientific novelty of the conducted research is contained in the provement of the possibility, within the borders of the current legislation, to release a person from criminal responsibility on the basis of bailment to a labor collective, formed by an individual as an entrepreneur, as well as in the justification of the expediency of preservation the institution of release from criminal responsibility in the new Criminal Code of Ukraine. In the new Criminal Code of Ukraine, which is now on the stage of the active development, the institution of release from criminal responsibility must necessarily find its place. One of the important components of the abovementioned institution should be the release of a person from criminal responsibility in connection with his/her bailment. In this case, the law should establish that a subject which takes a person on bail may be a collective of a legal entity or its separate subdivision, as well as a labor collective formed by an individual entrepreneur (if the accused person is a member of the relevant collective). Conclusions. The list of the bailment subjects can be extended by the legislator at the expense of persons who deserve confidence and special trust. Such persons, when applying to the court with a request, must take written obligations, the content of which are the subject to the clear legislative regulation (with a mandatory list of specific control measures to monitor the behavior of the person released from criminal responsibility)
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Mundhra, Manisha. "Judicial Understanding of Gratuitous Bailment." RESEARCH REVIEW International Journal of Multidisciplinary 5, no. 7 (July 15, 2020): 96–98. http://dx.doi.org/10.31305/rrijm.2020.v05.i07.021.
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Dempster, Hamish. "Clearing the Confusion Surrounding Bailment: Bailment as an Exercise of Legal Power by the Bailor." Common Law World Review 33, no. 4 (November 2004): 295–331. http://dx.doi.org/10.1350/clwr.33.4.295.55940.
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Tettenborn, Andrew. "Contract, Bailment and Third Parties—Again." Cambridge Law Journal 53, no. 3 (November 1994): 440–43. http://dx.doi.org/10.1017/s0008197300080788.
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Panis, Sarah, and Emily Nordin. "The Law on Sperm: Liability of Sperm Banks in Belgium." European Review of Private Law 19, Issue 2 (April 1, 2011): 309–22. http://dx.doi.org/10.54648/erpl2011019.
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Abstract: The liability of sperm banks raises interesting questions with regard to some basic legal principles. In our opinion, sperm can be considered an object on which one can have property rights, thus leading to the possibility of an action in bailment. The Belgian law, however, differs from other countries' law in recognizing the doctrine of non-cumulation between contractual and extra-contractual liability. An additional extracontractual action can thus be questionable.
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장승일. "On the Re-examination of Illegal Cause Bailment and Embezzlement." Journal of Criminal Law 25, no. 3 (September 2013): 131–54. http://dx.doi.org/10.21795/kcla.2013.25.3.131.
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Echebarría Fernández, Jonatan. "Limitations on jurisdiction and arbitration agreements based on applicable law and the identity of the carrier in cargo claim disputes: who and where to sue? = Las limitaciones a la autonomía la voluntad de las partes en las cláusulas atributivas de jurisdicción y las cláusulas de arbitraje basadas en la ley aplicable y la identidad del transportista en las reclamaciones por pérdida o daños a las mercancías: ¿a quién y dónde se puede reclamar?" CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 1 (March 11, 2019): 306. http://dx.doi.org/10.20318/cdt.2019.4621.
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Abstract: The article demonstrates through an analysis of the limitations on choice of forum or arbitration agreements following the invalidity of a choice of law clause included in a charter party and/or a bill of lading (B/L). It is equally difficult enforcing a jurisdiction or arbitration clause included in a B/L if the parties are not clearly defined in the contract for the carrige of goods by sea. The article delivers some conclusions and suggests the approach to be taken by maritime contracting parties to overcome any feasible invalidity of a choice of forum or arbitration agreement based on the choice of law by European Member (EU) States’ courts.Keywords: Jurisdiction and arbitration agreements, choice of law clauses, contracts for the carriage of goods by sea, charter party, bill of lading, anti-suit injunctions, actions in contract, actions in tort, actions in bailment, Demise Clause, Identity of the Carrier Clause.Resumen: El artículo demuestra a través de un análisis de las limitaciones en la elección del foro o los acuerdos de arbitraje después de la invalidez de una cláusula de elección de ley incluida en las partes de la carta constitutiva y / o conocimiento de embarque (B / L). Es igualmente difícil hacer cumplir una cláusula de jurisdicción o arbitraje incluida en un B / L si las partes no están claramente definidas en el contrato para el transporte de mercancías por mar. El artículo presenta algunas conclusiones y sugiere el enfoque que deben adoptar las partes contratantes marítimas para superar cualquier posible invalidez de un acuerdo de elección de foro o arbitraje basado en una elección de la ley por los tribunales de Estados miembros de la Unión Europea (UE).Palabras clave: Jurisdicción y acuerdos de arbitraje, cláusulas de elección de ley, contratos para el transporte de mercancías por vía marítima, fletamento, conocimiento de embarque, medidas antiproceso, acciones contractuales, acciones extracontractuales, acciones basadas en “bailment”, cláusula de cesión, cláusula de identidad del transportista.
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Phang, Andrew B. L. "Exception Clauses and Negligence—The Influence of Contract on Bailment and Tort." Oxford Journal of Legal Studies 9, no. 3 (1989): 418–24. http://dx.doi.org/10.1093/ojls/9.3.418.
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Rotherham, Craig. "Sale or return contracts: the right to reject." Cambridge Law Journal 57, no. 3 (November 1998): 429–71. http://dx.doi.org/10.1017/s0008197398303013.
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RATHER than buying goods outright, retailers often find it convenient to receive goods under a “sale or return” arrangement. These agreements are not contracts of sale, but rather bailment arrangements that give the bailee the right either to buy or to reject the goods. A sale or return contract may require that the right to reject can be exercised only by the bailee physically returning any unwanted goods; however, in the absence of an express stipulation to this effect, these contracts are generally construed to require merely that the bailee give notice of rejection and make the goods available for collection by the bailor. The question then arises: what form must this notice take, and at what stage must the goods be made available for collection? These matters were considered by the Court of Appeal in Atari Corporation (U.K.) Ltd. v. Electronics Boutique Stores (U.K.) Ltd. [1998] 2 W.L.R. 66.
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Farran, Sue. "Storing Sperm in Scotland: A Risky Business?" European Review of Private Law 19, Issue 2 (April 1, 2011): 257–74. http://dx.doi.org/10.54648/erpl2011015.
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Abstract: In 2009, the English Court of Appeal upheld a claim, brought by a number of men, in tort and under the law of bailment for damage caused by the negligent destruction of stored sperm, an event that had caused them psychiatric injury or mental distress. Under both causes of action, the success of the claim in Common Law was based on recognition of the sperm as the property of the claimants rather than any personal injury. As highlighted in the case, 'Future claims may be not only in respect of stored sperm but also products of a living human body intended for use by the persons whose bodies have generated them'. The significance of the decision may, therefore, have wider repercussions not only in England and Wale but other Common Law systems. This article considers whether similar facts would give rise to similar or different outcomes were they to arise in Scotland, which has a mixed legal system with elements of Civil Law. In concluding this comparison, this article considers whether there is common ground that could provide a border-neutral solution.
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Ali, Yunus. "Catering Contract of Restaurants in the English Law. A Comparative Analytical Study with Iraqi Civil Law." مجلة العلوم القانونية 37, no. 1 (June 15, 2022): 1–46. http://dx.doi.org/10.35246/jols.v37i1.450.
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The Catering contract is considered as a type of hospitality contracts in the English common law of customary origins. Which is unwritten and based upon judicial precedents of the English courts. It is a complex contract of mixed nature، Is Regarded as a contract for the sale of meals of food and drink،, and is considered as a contract for supply of services concerning the preparation of food and drink، for providing them to the customer، as well as being a bailment contract. It is worth-bearing in mind that this contract is subject to the rules of three important English legislations: The Sale of Goods Act 1979، The Supply of Goods and Services 1982، The Consumer Protection Act 1987، and The Consumer Rights Act 2015. It is also worth-mentioning that a lot of Statutorily Implied Terms can be extracted from this contract. Whereas the Iraqi civil code No.40 of 1951 did not regulate expressly this contract within the nominate contracts، but the rules of both the contract of sale and enterprise can be applied to this contract، because it contains sale of food and drink، as well as other services closely related to it، which the restaurateur provides to the customer.
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Gordon, Carey N. "Recent Developments in the Land Law of the Sudan: A Legislative Analysis." Journal of African Law 30, no. 2 (1986): 143–74. http://dx.doi.org/10.1017/s0021855300006537.
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With the promulgation of the Sudanese Civil Transactions Act, 1984, in February, 1984, the Republic of the Sudan joined several other Arab countries (e.g. Egypt, Jordan, Iraq and Libya) which have codified major areas of their non-criminal law. The Sudan's previous attempt at such codification was short-lived: the Civil Code, 1971 was repealed in 1973. Although many sectors of the Sudanese legal establishment have been critical of the 1984 legislation, because of questions regarding the quality of the draftsmanship and the absence of its circulation for comment prior to promulgation, it remains the most comprehensive single piece of legislation since the 1971 Civil Code, covering such topics as contract, sales, tort, gift, insurance, bailment and property, both real and personal.This article will survey all current Sudanese legislation affecting real property, including, most importantly, the Civil Transactions Act, 1984. Because there are more than twenty-five separate legislative acts in the Sudan relating to land, comprising more than six hundred relevant sections, the discussion herein must of necessity be to highlight the major divisions of the current land law, pointing out its distinctive features and those areas in which it appears that conflicts exist as between the various pieces of legislation.The Civil Transactions Act, 1984 (hereinafter sometimes referred to as “C.T.A.”), was promulgated on 14 February, 1984, and took effect on that date. It comprises some 95 chapters with 819 separate sections, more than one-third of which deal with matters relating to land.
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ARI, Benan. "Türk Ve Fransız Hukuklarında Hayvanların Saklama Sözleşmelerine Konu Edilmesi Subjection of Animals to Bailment Contracts in Turkish and French Laws." İstanbul Aydın Üniversitesi Hukuk Fakültesi Dergisi 8, no. 2 (2015): 59–78. http://dx.doi.org/10.17932/iau.hfd.2015.018/hfd_v08i2003.
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Rytelewska, Aleksandra. "Contracts in business transactions according to Polish law." Pravovedenie 65, no. 2 (2021): 166–82. http://dx.doi.org/10.21638/spbu25.2021.203.
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The article aims to familiarize the Russian reader with the issue of contracts concluded by professional entities (entrepreneurs) under the Polish legal system. Undoubtedly, the majority of all contracts concluded by private law bodies are trade contracts. It should be noted that the concept of trade contracts covers contracts in which both parties are professionals as well as those in which only one of the parties acts as an entrepreneur conducting their business. The article discusses 8 contracts as follows: contract of agency, contract of consignment, contract of carriage, contract of forwarding, bailment, contract of storage, delivery contract and leasing contract. They are a compilation of typical contracts traditionally concluded in business transactions. Their choice was determined both by the scale of their use in practice and their importance for commercial activity. At the same time, as highlighted in the paper, due to the freedom of contract principle under the Polish law of obligations, these contracts may be (and often are) used as model solutions that entrepreneurs will rely on when entering into legal relations that are not explicitly indicated in the Polish legal system (so-called unnominated contracts). In conclusion, attention is drawn to the challenges the Polish legislator faces today in the field of contract law due to contemporary economic changes. Furthermore, the threats posed by both excessively strict legislation and a lack of proper regulation are identified along with a recommended solution aimed at reconciling these diverging positions. According to this suggestion, in order to grant a normative form to unnominated contracts, commonly concluded in business transactions, concrete measures should be taken only in the form of guidelines, non-binding proposals that can be used by entrepreneurs to guarantee a minimum level of protection for parties to such contracts.
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Ghasemi, Saeed, Fazlollah Ahmadi, and Anoshirvan Kazemnejad. "Responsibility among bachelor degree nursing students: A concept analysis." Nursing Ethics 26, no. 5 (March 1, 2018): 1398–409. http://dx.doi.org/10.1177/0969733018754369.
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Background: Responsibility is an important component of the professional values and core competencies for bachelor degree nursing students and has relationships with nursing education and professionalization. It is important for providing safe and high-quality care to the clients for the present and future performance of student. But there is no clear and operational definition of this concept for bachelor degree nursing students; however, there are extensive contents and debates about the definitions, attributes, domains and boundaries of responsibility in nursing and non-nursing literature. Objective: To examine the concept of responsibility among bachelor degree nursing students using the evolutionary approach to concept analysis. Methods: A total of 75 articles published between 1990 and 2016 and related to the concept of responsibility were selected from seven databases and considered for concept analysis based on Rogers’ evolutionary approach. Ethical considerations: Throughout all stages of data collection, analysis and reporting, accuracy and bailment were respected. Findings: Responsibility is a procedural, spectral, dynamic and complex concept. The attributes of the concept are smart thinking, appropriate managerial behaviours, appropriate communicational behaviours, situational self-mandatory and task-orientation behaviours. Personal, educational and professional factors lead to the emergence of the responsible behaviours among bachelor degree nursing students. The emergence of such behaviours facilitates the learning and education process, ensures nursing profession life and promotes clients and community health level. Responsibility has some effects on nursing students. Discussion: This concept had been changed over time since 1990–2016. There are similarities and differences in the elements of this concept in disciplines of nursing and other educational disciplines. Conclusion: The analysis of this concept can help to develop educational or managerial theories, design instruments for better identification and evaluation of responsible behaviours among bachelor degree nursing students, develop strategies for enhancing the responsibility and improve the safety and quality of nursing care in the community and healthcare system.
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Mohammadi, Arezoo, Mehrzad Minnoei, Zadollah Fathi, Mohamamd Ali Keramati, and Hossein Baktiari. "Optimal allocation of bank resources and risk reduction through portfolio decentralization." International Journal of Economic Sciences 11, no. 2 (November 24, 2022): 92–143. http://dx.doi.org/10.52950/es.2022.11.2.007.
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The main concern of all economic companies is the resources equipping and allocating them in different economic sectors with the aim of maximizing profit and minimizing risk. Decentralization is one of the important factors that reduce investment risk. The investors plan to create investment by carefully planning and collecting sufficient information on the economic situation and analyzing the situation of various industries. As an economic enterprise, banks are looking for short- and long-term investments in a types of loans ,such as bailment of a capital , civil participation, reward, etc, which guarantees the return of their capital. In this paper, considering the condition of a bank as an economic enterprise, a model is presented which not only increases profit but also reduces risk. Two objective functions have been defined that the first objective is to minimize the risk and the second objective function is to maximize the of the bank profit, which is used by robust programming and Malvi Sim model. In this paper, we have investigated the Risky and non-Risky Partfolio and the optimal portfolio of bank assets from scenario based solution of the model and by using PSO and Genetic Optimization Algorithm. At all levels of confidence and optimal values of risk based on the estimation of SPP-CVAR method by Particle Swarm Algorithm (PSA) is less than genetic algorithm, which indicates better performance of Particle Swarm Algorithm (PSA) than Genetic Algorithm (GA). Also, the optimum wealth obtained from PSA solution is higher at all levels of confidence than the corresponding value of Genetic Algorithm (GA), and this is another reason to confirm the performance of PSO algorithm compared to the Genetic Algorithm (GA). The values of the first goal function, obtained from the PSO algorithm, for all confidence levels are lower than those of the genetic algorithm. The optimum wealth obtained from PSA is higher than genetic algorithm. At 0.9 level, the value of LR of kupiec statistics for the SPP-CVAR method was less than the Chi-square statistics (Critical value) which was assumed to be acceptable.
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Sonnekus, JC. "’n Perdepaspoort, logboek, mantel of die invecta et illata in huureiendom is geen objekte van ’n retensiereg van die besitter nie." Tydskrif vir die Suid-Afrikaanse Reg 2024, no. 2 (2024): 222–46. http://dx.doi.org/10.47348/tsar/2024/i2a2.
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A retentor derives no real security right from either an obligatory agreement or a real agreement with the owner of the thing he is retaining under his lien. Therefore he is not on the same footing as the holder of a right of hypothec, mortgage or pledge who is in possession of the thing of another as holder of a limited right of real security. With the exception of the pledgee with an additional entitlement agreed to by the pledgor to use the object of the pledge (pactum antichreseos), it is common to all the said limited real security figures that the retainer derives no entitlement to take advantage of the property of another in his possession. However, notwithstanding the fact that he may derive no benefit from his withholding of the object, he is responsible for preserving the object against damage or risk at his own expense as the de facto custodian of the object, although no agreement of bailment came about. It would be wrong to assume randomly that all examples of rightful retention of another’s goods are examples of liens. It may also be the entitlement of a limited real security right such as the tacit hypothec of a landlord or patron of a restaurant. The ius retentionis of the holder of a lien is merely the limited entitlement of the creditor without any preceding agreement between the owner of the object being retained and the creditor entitling the latter to retain it as long as the owner as debtor is in default of paying his dues to the holder of the lien for costs incurred by the latter regarding the object of the lien. No lien comes into play unless the required nexus exists regarding the parties involved and the object retained. In contrast, in the cases of a tacit hypothec of a landlord or innkeeper, there is no question of any coherence or nexus between the claim of the landlord to the invecta et illata or hotel-keeper to the coat of the guest as creditor and the object being retained. Subject to special statutory regulation, no limited real security right can be established on an integral part of a thing. Only a thing that meets all the requirements as an object of a real right can be the object of a real right and this also applies to a limited real right. Possession of a thing requires exclusive control over it and not simply possession of an integral part or symbol of the object of the debtor’s real right of ownership if the object is classified as a movable. Possession is, however, no requirement for a derivative mode of acquisition of a real right on immovable property. It is submitted that mere possession of the passport of a horse or the logbook of an aeroplane does not suffice as symbolic possession of the horse or the aeroplane. Withholding part of the due performance under a reciprocal agreement until the counterparty has fully performed or because by agreement the debtor wishes eg to occupy the new house for three months to see what defects in the construction comes to light before delivering the agreed retention money to the builder, is no example of a lien. The retaining of the agreed portion of the final performance by the mandator is neither an entitlement of a limited real right nor a lien. This is part of the agreed terms of the building contract and any attempt by the creditor to compel performance before the condition had been met can be averted with the exceptio non adimpleti contractus.
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O'Connor, Michael James. "Digital Bailments." SSRN Electronic Journal, 2019. http://dx.doi.org/10.2139/ssrn.3440978.
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D'Onfro, Danielle Frances. "The New Bailments." SSRN Electronic Journal, 2021. http://dx.doi.org/10.2139/ssrn.3785711.
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Eze, Nicholas Chinedu. "Bailment of Intellectual Property in Nigeria: A Conceptual Possibility." Journal of African Law, February 6, 2023, 1–18. http://dx.doi.org/10.1017/s0021855323000025.
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Abstract This article interrogates the traditional limitations of the concept of bailment at common law. It argues that, although possession is a critical element, in modern commerce, a bailment relationship should be capable of being created without actual physical possession and control, but through constructive possession, which is as effective as physical possession and control. With this adjustment to the interpretation of the element of possession, bailment could then apply to intangible property, such as intellectual property. With the support of evidence from other progressive common law jurisdictions and inroads from the tort of conversion and criminal theft, the article argues that this new bailment jurisprudence is beginning to emerge. It then recommends that, in deserving circumstances, the courts should not hesitate to find that a bailment relationship exists, notwithstanding the absence of physical control and possession, at least pending legislative intervention.
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Newman, Christopher M. "Bailment and the Property/Contract Interface." SSRN Electronic Journal, 2015. http://dx.doi.org/10.2139/ssrn.2654988.
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Idrees, Fatima. "Contract of Bailment and Responsibilities of Bailee." SSRN Electronic Journal, 2024. http://dx.doi.org/10.2139/ssrn.4807124.
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Zhu, Sally. "Bailment in the Peer-to-Peer Sharing Economy." SSRN Electronic Journal, 2024. http://dx.doi.org/10.2139/ssrn.4860024.
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"Contemporary Problems in Hotel and Restaurant Law: Innkeepers Bailments. Louis M.Alberto. Hospitality Education and Research Journal, vol. 12, no. 3, 1988, pp. 43-52. Council on Hotel, Restaurant and Institutional Education, 1200 17th Street, N.W., 7th Floor, Washington, D.C. 20036-3097. $50 annual subscription." Journal of Travel Research 27, no. 3 (January 1989): 50. http://dx.doi.org/10.1177/004728758902700323.
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Simard, Chris, and Andrew Lamb. "An Introduction to Various Issues Surrounding the Ownership of Storage/Pipeline Gas." Alberta Law Review, December 30, 2015, 513. http://dx.doi.org/10.29173/alr359.
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The issues surrounding ownership of pipeline andstored gas have been largely ignored in Canada, with the result that many in the industry may be surprised to learn that their interests in such resources are not necessarily secured. By applying the most recent legal decisions in Canada and the VS. to the practical possibility of an operator's insolvency, the authors discuss the likelihood, explore the advantages, and address the dangers of casting this relationship as a tenancy in common, bailment, or trust. While the importance of protecting a client's rights through extensive contractual principles is paramount in every relationship, the extent to which the judiciary will endorse contractual intentions in these unique circumstances is far from certain. This article explores the practical questions respecting issues of ownership and security as regards the natural gas arena to propose finally a new class of ownership that would treat natural gas rights as a <i>sui generis</i> category unique to storage/pipeline gas.
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Simard, Chris, and Andrew Lamb. "An Introduction to Various Issues Surrounding the Ownership of Storage/Pipeline Gas." Alberta Law Review 44, no. 3 (March 1, 2007). http://dx.doi.org/10.29173/alr403.
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The issues surrounding ownership of pipeline and stored gas have been largely ignored in Canada, with the result that many in the industry may be surprised to learn that their interests in such resources are not necessarily secured. By applying the most recent legal decisions in Canada and the U.S. to the practical possibility of an operator's insolvency, the authors discuss the likelihood, explore the advantages, and address the dangers of casting this relationship as a tenancy in common, bailment, or trust. While the importance of protecting a client's rights through extensive contractual principles is paramount in every relationship, the extent to which the judiciary will endorse contractual intentions in these unique circumstances is far from certain. This article explores the practical questions respecting issues of ownership and security as regards the natural gas arena to propose finally a new class of ownership that would treat natural gas rights as a sui generis category unique to storage/pipeline gas.
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Munir, Amr Ibn. "The Doctrine of Bailment under the Law of Contract in Pakistan: A Critical Exposition." SSRN Electronic Journal, 2023. http://dx.doi.org/10.2139/ssrn.4563976.
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Raghebi, Mohammad Ali Ali, and Rezvan Najarian Darz. "A COMPARATIVE STUDY OF STIMAN'S RULE IN JA'FARI JURISPRUDENCE AND CIVIL LAW." Gênero & Direito 8, no. 2 (July 3, 2019). http://dx.doi.org/10.22478/ufpb.2179-7137.2019v8n2.46514.
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Stiman is one of the most important Fiqh rules by virtue of which, each individual by any reason becomes a trustee for property of another person will not be responsible for the loss of that property unless he has committed a mistake (whether extremes of excess and deficiency). The essence of Stiman's rule has been considered as the truth of title of an owner's deposit which in fact another one's being trustee is dependent on the property owner's permission and the religious deposit in which a person by the order of the religious order (or the legislator) becomes trustee. The Islamic Jurisprudence and civil law towards Stiman's rule in each of the contracts such as power of attorney, deposit, loan, renting, mortgage, bailment of a capital, and attending the ownership deposits which deposit description is the main base of these contracts and in religious deposits such as missed property and custody in which a profile of deposit description is observed, is in this way that the trustee in every above contracts shall not be regarded as guaranteed in case of the property loss and the owner or law has no right for seeking him the loss compensation and only in a way they can resort to him that the trustee has made extremes of excess and deficiency in it.
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Kashyap, Amit Kumar. "The Nature of Bailment and Liability of State for the Goods Seized by the Police from an Accused: An Appraisal." SSRN Electronic Journal, 2009. http://dx.doi.org/10.2139/ssrn.1447533.
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-, SHORONYA BANERJEE. "The Advent of Virtual Digital Assets: Analysing its Status in the Fintech Sector." International Journal For Multidisciplinary Research 6, no. 2 (March 13, 2024). http://dx.doi.org/10.36948/ijfmr.2024.v06i02.14881.
Full textAbstract:
Fintech, or financial technology, introduces the role of technology in finance, which forwards the discussion on big data, artificial intelligence (AI), and machine learning, facilitating investment opportunities. However, it is considered to have been introduced and evolved as the Bitcoin protocol in 2009. Digital assets date with the coining of ‘bit gold.’ This was formulated as a decentralised digital currency. The aim behind introducing such a currency was to have a payment mechanism outside the vigilance of the central authority, with a recurring high value. This laid the foundation of blockchain technology, inaugurating the market in digital assets. The utilisation of distributed ledger technology attracted a lot of financial players towards it. Creating digital assets and their required funding subsists on ongoing market changes and investor demands. Computer codes form the skeletal framework of digital assets and depend on agreement-based computer algorithms for effectuating transactions. These digital assets include an almost exhaustive range of virtual assets. Shifting the discussion to the "good faith acquisition" regime, when the transferee of property acquires a good title irrespective of the defect in the title of the transferor, it is known as "good faith acquisition" or "negotiability," an exception to the general rule: nemo dat quod non habet ("no one gives what they don't have"). In this scenario, good faith acquisition (negotiability) is quite relevant as digital assets transfer functions based on quite complex structures, which can be deceiving in disputes arising from insolvency, etc. This has been brought to light with the example of a digital asset held in custody by a third-party intermediary. Here, the legal status of the asset is uncertain, which creates the problem of determining who has the right to claim ownership over it. This is where the new legal framework for digital assets is needed to clear the air and award digital tokens the status of ‘property’ regarding these issues. The proposed legal framework can take due recourse to legal concepts, such as the law of bailment. This paper seeks to analyse and establish the legitimate status of virtual digital assets globally, slowly transitioning to a virtually driven e-community.
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"'The Mahkutai'." European Review of Private Law 6, Issue 4 (December 1, 1998): 421–26. http://dx.doi.org/10.54648/207603.
Full textAbstract:
The Privy Council was faced with the following set of facts: Shipowners chartered their vessel to time charterers. The vessel was subchartered to shippers for the carriage of a cargo from Indonesia to China. The time charterers issued a bill of lading which contained a so-called Himalaya clause, i.e. a clause which purported to confer on subcontractors the benefit of 'all exceptions, limitations, provision, conditions and liberties benefitting the carrier. It also contained a clause conferring exclusive jurisdiction on the Indonesian courts. After discharge of the cargo, the cargo owners issued a writ against the vessel in Hong Kong claiming that the cargo was damaged on delivery. The shipowners sought to rely on the jurisdiction clause, as being a provision within the meaning of the Himalaya clause. In the view of the Hong Kong Court of Appeal, the shipowners were not entitled to rely on the clause because they were not parties to the bill of lading. Nor had there been a bailment on terms which included the jurisdiction clause. The shipowners appealed to the Privy council, which dismissed the appeal (Lord Goff of Chieveley giving the judgment of the Board). It traced the development of Himalaya clauses as a device to accommodate various situations arising in the context of carriage of goods by sea where there was a commercial expectation that the benefit of certain terms of the contract of carriage should be made available to parties involved in the adventure who were not parties to the contract - primarily stevedores, but in some cases also shipowners relying on terms in charterers' bills of lading to exempt them from possible liability to cargo owners and consignees. The theoretical basis for giving effect to such clauses remained problematic (although they were currently construed as bilateral contracts arrived at through the agency of the carrier). It was not apparent that a jurisdiction clause should be included within the list of clauses from which a subcontractor should be allowed to benefit. 'Such a clause can be distinguished from terms such as exceptions and limitations in that it does not benefit only one party, but embodies a mutual agreement under which both parties agree with each other as to the relevant jurisdiction for the resolution of disputes. It is therefore a clause which creates mutual rights and obligations.' While the Himalaya clause in the contract in question referred to subcontractors enjoying the benefit of a 'provision' for the benefit of the carrier, this term must be interpreted eadem generis with exceptions and limitations. The function of a Himalaya clause was 'to prevent cargo owners from avoiding the effect of contractual defences available to the carrier by suing in tort persons who perform the contractual services on the carrier's behalf. To make available to such a person the benefit of an exclusive jurisdiction clause in the bill of lading contract does not contribute to the solution of that problem.' In addition, the purpose of a jurisdiction clause is usually to confer jurisdiction on a court in the place where the carrier carries on business. It is purely fortuitous if that court is also a convenient place for a subcontractor to litigate. Both the terms of the Himalaya clause and the policy it pursued therefore indicated that it was not intended to include the jurisdiction clause. The following case note contrasts the legal reasoning employed in Belgium in similar situations (E. Dirix).
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ÇAKIR, İbrahim Etem. "Some Information on the Practices of Non-Muslims for Using the Trabzon Kadi Courts in the First Half of the Eighteenth Century." Hitit İlahiyat Dergisi, April 15, 2022. http://dx.doi.org/10.14395/hid.1052173.
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In the Ottoman Empire, non-muslim people in the status of d̲h̲immī had the opportunity to solve their cases named civil status such as marriage, divorce, alimony, and inheritance in the community courts according to their own laws. Besides, they had the right to apply to the ḳāḍī Court for their cases. In the Ottoman Empire, the d̲h̲immī people submitted to the ḳāḍī Court on social issues such as mar-riage, divorce, dowry, alimony, child custody, and inheritance mostly. In Ottoman history, the signifi-cance of the ḳāḍī Registers, which contained the records of the cases held at the ḳāḍī Court and constitut-ed the main source for issues pertaining to social life, economy, law and the like, is a well-known fact by anyone. In this study, books of s̲h̲arīʿa records of Trabzon count that were used as the main source, have reached today in series. According to the s̲h̲arīʿa records, it is understood that d̲h̲immī man and woman submitted to the ḳāḍī Court for many matters such as marriage, divorce, inheritance, bailment, alimony, purchase-sale, and receivables. In this article, the practice of using the ḳāḍī court by d̲h̲immīs people in Trabzon, where Muslim and non-Muslim populations live together, was discussed. An attempt was made to clarify the reasons why the d̲h̲immī opted for ḳāḍī Courts rather than submitting to the com-munity courts in accordance with their own legal norms in area of private law.
In the Ottoman Empire, the d̲h̲immīs had the right to apply to their own community court on is-sues that fell in scope of ahval-i şahsiye (civil status). Furthermore, the d̲h̲immīs had the right to marry, divorce, enter into debt relationship, acquire movable and immovable estates, become heirs within the scope of Islamic law. While Islamic law enables the d̲h̲immīs to be subjected to their own religious law rules in some matters, it also allowed them to apply to the ḳāḍī courts. The d̲h̲immīs applied to the ḳāḍī Court mostly for social issues such as marriage, divorce, child custody, and inheritance. In this study, the applications by d̲h̲immīs to the ḳāḍī courts in subjects that fall under the private law were examined by using the s̲h̲arīʿa records of Trabzon in the first half of the century 18. In the Ottoman Empire, persons were both able to apply to the court directly to resolve their legal issues, and sometimes they had the right to be represented in the court through their attorneys. Those who did not come to or could not come to the court for different reasons made their applications through the attorneys. There was no limit to representation through an attorney in court. During the classical period of the Ottoman Empire, there was a practice of Muslims performing marriage contracts in the presence of a ḳāḍī or by a religious offi-cial with the permission of ḳāḍī. Non-Muslim clerics, who were officially appointed for the d̲h̲immīs, had been given the power to carry out marriage procedures. However, despite the d̲h̲immīs privilege, the d̲h̲immīs sometimes realized their marriage in a ḳāḍī court. What are the reasons why the d̲h̲immīs applied to the ḳāḍī court when it comes to divorce rather than marriage? This question can be answered differently according to time and place. It should be said in the first place that uncontested divorce at a ḳāḍī court was very easy. There was no reason to divorce. It was enough that both parties had agreed. The attribution of sanctity to marriage in Christianity made divorce difficult. The strict and conservative attitude of Christian legal norms regarding divorce must have directed the d̲h̲immīs to the ḳāḍī court. The d̲h̲immīs were not subject to Islamic law in their contracts between their own people. However, they had the right to bring disagreement arising from such contracts to the ḳāḍī court. The d̲h̲immīs often applied to the ḳāḍī court for property sales or real estate rentals. Although the d̲h̲immīs were in-cluded in the scope of private law, they occasionally applied to the ḳāḍī court for the portion of the in-heritance. The d̲h̲immīs preferred the ḳāḍīcourt in inheritance cases because Islamic inheritance law was more advantageous for them (especially for women). The d̲h̲immīs also used the ḳāḍīcourt for alimony. Alimony valuation was made in court on the condition that alimony needs of the children with decedent father were paid from their father's inheritance. One of the reasons why the d̲h̲immīs used the court is related to the foundation issues. One of the reasons for non-Muslims to use the ḳāḍī court is conversion. Those who chose Islam as the new religion applied to the ḳāḍīcourt to register this situation. There are many records on this subject that were existed in the documents.