Relevant bibliographies by topics / Civil law judgment

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Civil law judgment'

Author: Grafiati
Published: 4 June 2021
Last updated: 2 February 2022

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Civil law judgment.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Journal articles on the topic "Civil law judgment"

1

Ariadi Subagyono, Bambang Sugeng, and Ghansham Anand. "THE PROBLEMATICS OF EXECUTION LAW AGAINST NON-EXECUTABLE JUDGMENTS AND COMPARISONS WITH MALAYSIAN LAW." JURISDICTIE 9, no. 2 (2019): 244. http://dx.doi.org/10.18860/j.v9i2.5592.

Full text
Abstract:
<p>In public courts, the litigation of civil case is under civil law procedure. This is a legal regulation to maintain material civil laws. The procedural law is also a way to file a particular civil case to civil court and to organize judges’ ways in making judgment toward legal subject. Civil law procedure prevents any vigilante actions that creates public legal order. Judiciaries provide protection for legal subject in preserving their rights and prevent any arbitrary actions. After case investigation process set under procedural law, a court judgment is made to judge and solve case.
APA, Harvard, Vancouver, ISO, and other styles
2

Zachariasiewicz, Maciej. "Klauzula porządku publicznego a uznawanie zagranicznych orzeczeń, których przedmiotem jest uznanie wyroku lub stwierdzenie jego wykonalności." Problemy Prawa Prywatnego Międzynarodowego 24 (June 30, 2019): 21–46. http://dx.doi.org/10.31261/pppm.2019.24.02.

Full text
Abstract:
The paper is devoted to the admissibility of recognition and enforcement of a judgment of a foreign court, the subject matter of which is recognition or declaration of enforcement of a judgment from yet another state (judgment on judgment). The issue is discussed in particular with reference to the public policy exception which constitutes a ground for refusal of recognition or enforcement of foreign judgments, both under Polish domestic law (the Code of civil procedure) and European law (Brussels I bis Regulation). It remains controversial whether the judgments on judgments should be recogniz
APA, Harvard, Vancouver, ISO, and other styles
3

Bingham, Lord. "What is the Law?" Victoria University of Wellington Law Review 40, no. 3 (2009): 597. http://dx.doi.org/10.26686/vuwlr.v40i3.5259.

Full text
Abstract:
This is the text of the 2008 Robin Cooke Lecture delivered by Lord Bingham on Thursday 4 December 2008. The author argues that the rule of law dictates that the law should be accessible, intelligible, clear, and predicable. First, citizens must be able to find out without undue difficulty regarding any criminal punishments or liability. Secondly, if the civil law confers enforceable rights or obligations, it is important to know what those rights and obligations are. Thirdly, the successful conduct of trade, investment and business generally is promoted by a body of accessible legal rules gove
APA, Harvard, Vancouver, ISO, and other styles
4

Grušić, Uglješa. "ACTS OF TORTURE AS AN INSTRUMENT OF GOVERNMENT POLICY IN THE COLONY OF CYPRUS IN THE 1950S AND CHOICE OF LAW." International and Comparative Law Quarterly 67, no. 4 (2018): 1005–20. http://dx.doi.org/10.1017/s0020589318000167.

Full text
Abstract:
AbstractThis article notes the judgment in Sophocleous v Secretary of State for the Foreign and Commonwealth Office, in which the High Court dealt with the law applicable to civil claims arising out of alleged acts of torture committed by British military and security services in the colony of Cyprus in the 1950s. The judgment is important because it sheds light on some underexplored corners of choice of law (law governing the external aspects of vicarious liability and of accessory liability in tort) and reaches the conclusion, which runs against the grain of other recent judgments given in c
APA, Harvard, Vancouver, ISO, and other styles
5

Al-Serhan, Bakr A. F. "Speedy Enforcement of Domestic Arbitral Awards: Analytical Study under the Emirate Civil Procedures Law." Arab Law Quarterly 29, no. 4 (2015): 378–96. http://dx.doi.org/10.1163/15730255-12341308.

Full text
Abstract:
In arbitration, an arbitrator delivers a decision that needs to be enforced in order to be of value to the parties. Emirate law regulates two types of judgment enforcement: normal and speedy. Normal enforcement pertains to judgments that can be enforced if deemed non-appealable before the Court of Appeal. Speedy enforcement refers to judgments that can be enforced even when still appealable. Emirate law states that arbitral awards are subjected to ‘speedy’ or rapid enforcement rules. This article concludes that a clearer regulation regarding this issue will be highly welcomed.
APA, Harvard, Vancouver, ISO, and other styles
6

Moshayedi, Hajar, Vahid Khandany, and Ghavam Karimi. "Adaptive Evaluation of Civil Judgment Recession in Iran and French Law." Journal of Politics and Law 9, no. 6 (2016): 104. http://dx.doi.org/10.5539/jpl.v9n6p104.

Full text
Abstract:
The main purpose of judgment is to protect the right and performing justice. The judgment is the tool to operate the justice and judge also the same as others is under the failure and fault. If any verdict is released in a judgment result that is accompanied with error, there is no doubt that it should be judged again juristically, therefore to have a vote free of error, the recession of judgment is predicted. Therefore in such condition that the law allows the voting court to be able to release adequate vote by considering the discovered realties about the struggle subject and ignoring previo
APA, Harvard, Vancouver, ISO, and other styles
7

Cheng, Tan Lee. "Jie Huang: Interregional Recognition and Enforcement of Civil and Commercial Judgments, Oxford and Portland, OR: Hart Publishing, 2014, 352 pp. Hardcover £65/€84.50." Asian Journal of Comparative Law 9 (January 1, 2014): 381–85. http://dx.doi.org/10.1017/s2194607800001046.

Full text
Abstract:
AbstractReview of “Interregional Recognition and Enforcement of Civil and Commercial Judgments” by Professor Jie Huang (Oxford and Portland, Oregon: Hart Publishing, 2014) which analyses the status quo of judgment recognition and enforcement in the Mainland China, Macao and Hong Kong under the ‘One Country, Two Systems’ regime. The book also presents a comparative study of the interregional recognition and enforcement of judgments in the US and EU.
APA, Harvard, Vancouver, ISO, and other styles
8

Nikolić, Dušan. "Some changes in the field of civil law." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 395–412. http://dx.doi.org/10.5937/gakv0608395n.

Full text
Abstract:
In the first part of the paper, the author has outlined some changes that have happened in the field of civil law during the history, and in the second part of the paper, the author has paid attention to the modern trends, produced by the process of globalization. By analyzing certain sectors, the author has come to the conclusion that ownership title and public office are being slightly shifted from state to non-state authorities. On the other hand, this trend of the global (re)privatization has contributed to the change of attitude toward the title. The owner is expected to ewoy his title bo
APA, Harvard, Vancouver, ISO, and other styles
9

Harder, Sirko. "THE EFFECTS OF RECOGNIZED FOREIGN JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS." International and Comparative Law Quarterly 62, no. 2 (2013): 441–61. http://dx.doi.org/10.1017/s0020589313000018.

Full text
Abstract:
AbstractThis article investigates what effects a recognized foreign judgment in civil and commercial matters has in English proceedings. Does the judgment have the effects that it has in the foreign country (extension of effects) or the effects that a comparable English judgment would have (equalization of effects), or a combination of these? After a review of the current law, it will be discussed what approach is preferable on principle. The suggested approach will then be illustrated by considering whether a foreign decision on one legal basis of a certain claim ought to preclude English pro
APA, Harvard, Vancouver, ISO, and other styles
10

Petrescu, Oana M. "Theoretical approach of the main means of appeals in the European procedural law." Anais da Academia Brasileira de Ciências 87, no. 4 (2015): 2317–33. http://dx.doi.org/10.1590/0001-3765201520140131.

Full text
Abstract:
Knowledge and understanting the means of appeals lodged before the courts of the European Union, limited only to the points of law, are very important taking into accout the modality to control a judgment delivered by an inferior court exists since ancient times, being governed among others, by the Larin principle: res judicata pro veritate accipitur. In the following we will examine, in general, the judicial control of the judgments and orders delivered by the General Court and by the Civil Service Tribunal, as a specialized tribunal on civil servant issues, but also the sui generis means of
APA, Harvard, Vancouver, ISO, and other styles

Dissertations / Theses on the topic "Civil law judgment"

1

Brownlee, Kimberley. "The moral status of civil disobedience." Thesis, University of Oxford, 2007. http://ora.ox.ac.uk/objects/uuid:7cd0f25d-7550-41f6-a902-ab752e7d1026.

Full text
Abstract:
This dissertation examines the moral character of civil disobedience. The discussion begins with a conceptual analysis of civil disobedience which eschews standard definitions in favour of a paradigm case approach, highlighting a parallel between the communicative aspects of civil disobedience and the communicative aspects of lawful punishment by the state. Foundations for a moral evaluation of civil disobedience are then laid down through, first, an examination of the nature of wrongdoing and justification, and second, a critique of contemporary defences of political obligation. The absence o
APA, Harvard, Vancouver, ISO, and other styles
2

Câmara, Junior José Maria. "O papel do intérprete das normas no cumprimento da sentença (obrigação de pagar) à luz do perfil constitucional do processo civil." Pontifícia Universidade Católica de São Paulo, 2015. https://tede2.pucsp.br/handle/handle/6746.

Full text
Abstract:
Made available in DSpace on 2016-04-26T20:23:35Z (GMT). No. of bitstreams: 1 Jose Maria Camara Junior.pdf: 1711321 bytes, checksum: d34cc8f1d013d316617cf302241e7fad (MD5) Previous issue date: 2015-02-10<br>The author intends to highlight the role of the interpreter, approaching the Procedure from the point of view of the Constitution. In order to do that, he observes the effectiveness crisis of judicial protection without trying to investigate its determinants and factors, focusing on the challenges of interpretation to properly identify the content and approach of procedural rules before
APA, Harvard, Vancouver, ISO, and other styles
3

Greiner, Uli. "Zulässigkeit und Voraussetzungen einer einstweiligen Verfügung auf negative Feststellung im Lauterkeitsrecht." Doctoral thesis, Universitätsbibliothek Chemnitz, 2015. http://nbn-resolving.de/urn:nbn:de:bsz:ch1-qucosa-165461.

Full text
Abstract:
Die Dissertation befasst sich mit der juristischen Problematik, ob ein Rechtsbehelf anzuerkennen ist, der es Anspruchsgegnern ermöglicht, in lauterkeitsrechtlichen Unterlassungsstreitigkeiten Verfahren des einstweiligen Rechtsschutzes zu initiieren. Ein solcher Rechtsbehelf ist für Anspruchsgegner bislang nicht anerkannt. Dies stellt sich als sehr problematisch dar, da Eilverfahren im Lauterkeitsrecht eine sehr hohe Bedeutung zukommt und Anspruchsgegner in diesen Verfahren signifikant benachteiligt werden. Dieser Umstand begründet auch eine erhebliche Gefahr von Fehlentscheidungen zu Lasten de
APA, Harvard, Vancouver, ISO, and other styles
4

Laher, Rudy. "Imperium et jurisdictio en droit judiciaire privé." Thesis, Paris Est, 2014. http://www.theses.fr/2014PEST0042.

Full text
Abstract:
La distinction de l'imperium et de la jurisdictio est une des plus anciennes distinctions de la science juridique européenne. Entre les mains du souverain, la jurisdictio est le pouvoir de rendre la justice et l'imperium celui d'user de la force. Cette souplesse notionnelle permet à la distinction de structurer l'intégralité du droit judiciaire privé. Dans ce cadre, la jurisdictio se présente alors comme le pouvoir de réalisation formelle du Droit – le Droit est dit – alors que l'imperium vise sa réalisation matérielle – le Droit est fait –. Cette perspective fonctionnelle permet de recouvrir
APA, Harvard, Vancouver, ISO, and other styles
5

Conte, Francesco. "Sobre a motivação da sentença no processo civil: Estado constitucional democrático de direito, discurso justificativo e legitimação do exercício da jurisdição." Universidade do Estado do Rio de Janeiro, 2014. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=7471.

Full text
Abstract:
O presente trabalho, plasmado em metodologia jurídica, reflete criticamente sobre o problema da motivação da sentença civil como elemento de organização e de funcionamento do Estado Constitucional Democrático de Direito. A motivação é condição essencial de jurisdicionalidade, no sentido de que sem motivação não há exercício legítimo da função jurisdicional. O trabalho faz uma abordagem da natureza da motivação como discurso justificativo, jurídico e racional, da validade dos critérios de escolha ou de valoração empregados pelo juiz em sua decisão. O raciocínio do juiz é apresentado sob dupla f
APA, Harvard, Vancouver, ISO, and other styles
6

Brinkmann, Christian Moritz. "Probability and conviction -- irreconcilable concepts or two sides of the same coin? : a comparative analysis of the standard of proof in civil matters." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80911.

Full text
Abstract:
This thesis questions the widespread proposition that the civilian standard of proof in civil matters is considerably higher than the corresponding standard in the Common Law. Instead, it is argued here that the "odd differences" in the formulae employed to describe it "are merely a matter of words".<br>Conceptually, both legal traditions combine the subjective element of a belief in the truth with the objective requirement of warrant for this belief in the evidence presented. The trier's belief that a certain statement is true has to be reasonably inferable from the evidence. In both t
APA, Harvard, Vancouver, ISO, and other styles
7

Al, Mulla Habib M. S. "The recognition and enforcement of foreign civil and commercial judgments under multilateral and bilateral conventions." Thesis, University of Cambridge, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.282003.

Full text
APA, Harvard, Vancouver, ISO, and other styles
8

Madeira, Daniela Pereira. "O papel da jurisprudência no Processo Civil contemporâneo." Universidade do Estado do Rio de Janeiro, 2012. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=9056.

Full text
Abstract:
A utilização correta da jurisprudência conduzirá a sociedade brasileira a uma maior estabilidade jurisprudencial, com respeito ao princípio da isonomia, não somente diante da norma legislada como também perante a norma judicada. Deve-se afastar a discrepância de decisões judiciais relativas ao mesmo tema, que tratam desigualmente os iguais, evitando assim o longo percurso das vias recursais para se obter um julgamento isonômico em situações idênticas. O princípio da isonomia visa garantir que todos recebam tratamento igualitário da lei e, de outro lado, oferece a certeza de que todos os juízes
APA, Harvard, Vancouver, ISO, and other styles
9

Li, Xiao Yue. "A study on interregional recognition and enforcement of civil and commercial judgments between Mainland China and Macao." Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2580197.

Full text
APA, Harvard, Vancouver, ISO, and other styles
10

Zhang, Guang Jie. "The arrangement for mutual recognition and enforcement of judgments in civil and commercial matters between the Mainland China and Hong Kong SAR." Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2586527.

Full text
APA, Harvard, Vancouver, ISO, and other styles

Books on the topic "Civil law judgment"

1

Yoon, Albert. Offer-of-judgment rules and civil litigation: An empirical study of insurance-based disputes. Law and Economics Programme, Faculty of Law, University of Toronto, 2005.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
2

Villa, John K. Bank directors', officers', and lawyers' civil liabilities. 2nd ed. Aspen, 2011.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
3

Quand le jugement fout le camp: Essai sur la déculturation. Fides, 1999.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
4

Bank directors', officers', and lawyers' civil liabilities. Prentice Hall Law & Business, 1992.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
5

McEwan, Jenny. The verdict of the court: Passing judgment in law and psychology. Hart Pub., 2003.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
6

1959-, Hirsch Alan, Barrans David J, and Federal Judicial Center, eds. The analysis and decision of summary judgment motions: A monograph on Rule 56 of the Federal Rules of Civil Procedure. Federal Judicial Center, 1991.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
7

Schwarzer, William W. The analysis and decision of summary judgment motions: A monograph on Rule 56 of the Federal Rules of Civil Procedure. Federal Judicial Center, 1991.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
8

European Court of Human Rights. Affaires A- Scuderi c. Italie, arrêt du 24 Août 1993.: B- Massa c. Italie, arrêt du 24 Août 1993. C- Istituto di Vigilanza c. Italie, arrêt du 22 Septembre 1993. D- Figus Milone c. Italie, arrêt du 22 Septembre,1993. E- Goisis c. Italie, arrêt du 22 Septembre 1993 = Cases of A- Scuderi v. Italy, judgment of 24 August 1993. B- Massa v. Italy, judgment of 24 August 1993. C- Istituto di Vigilanza v. Italy, judgment of 22 September 1993. D- Figus Milone v. Italy, judgment of 22 September 1993. E- Goisis v. Italy, judgment of 22 September 1993. Greffe de la Cour, Conseil de l'Europe, 1994.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
9

Ren min fa yuan shen pan guan dian hui zuan: Zui gao ren min fa yuan gong bao min shang shi an li (1985-2010) = Digest of criteria for judgment and measures for justice : cases excerpted from Gazettes of the Supreme People's Court of P.R.China. Beijing da xue chu ban she, 2011.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
10

Brown, Henriette. Affaire Guibord: Dame Brown, appelante vs. La Fabrique de Montréal, intimée. s.n.], 1985.

Find full text
APA, Harvard, Vancouver, ISO, and other styles

Book chapters on the topic "Civil law judgment"

1

Wang, Zhu. "Object of Constitutionality Judgment—Taking “Unconstitutional Event” in Drafting of the Real Rights Law as an Example." In On the Constitutionality of Compiling a Civil Code of China. Springer Singapore, 2019. http://dx.doi.org/10.1007/978-981-13-7900-0_4.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Krieger, Heike. "Sentenza 238/2014: A Good Case for Law-Reform?" In Remedies against Immunity? Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_4.

Full text
Abstract:
AbstractSentenza 238/2014 is an important judgment which does not only concern the concrete case at hand but also pushes for a change in the law of state immunity. However, such attempts at law-making by national courts may not always attain their goal but may exert adverse effects which are harmful for the international legal order. Sentenza 238/2014 may have an impact on three different yet related issues central to the future development of international law: the relationship between international and national law, exceptions to immunities, and individual reparations in cases of mass atrocities.This chapter criticises law-making through non-compliance with international judicial decisions by national courts. Judges in democratic states under the rule of law who try to push for law-reform, by initiating non-compliance with decisions of international courts, should be aware that they may act in the company, and thereby in support of, courts in regimes with autocratic tendencies, such as the Russian Constitutional Court, which refuses to comply with judgments of the European Court of Human Rights. Furthermore, the chapter argues that immunity from jurisdiction and immunity from execution should be kept distinct and that human rights exceptions should not be applied to immunity from execution. Such a differentiation remains justified because measures of constraint against property used for government non-commercial purposes intrude even further onto sovereign rights than the institution of proceedings before courts in the forum state. It is particularly difficult for states to protect assets and other property situated in a foreign state. These assets may therefore be more susceptible to abusive enforcement measures while simultaneously forming an essential basis for the actual conduct of international relations.The chapter concludes by advocating a cautious approach to individual reparations in cases of mass atrocities. This more cautious approach observes the complexities of ending armed conflicts and negotiating peace deals. An individual right to monetary compensation based on civil claims processes does not allow for taking into account broader political considerations related to establishing a stable post-war order. Such a right is conducive to bilateral settlements between the state parties concerned, which might create new injustices towards other groups of victims. It might also overburden negotiations for a settlement to an ongoing armed conflict.The chapter thereby starts from the assumption that the stability of the international legal order itself as guaranteed by concepts such as immunities or the respect for its judicial organs serves to protect human rights, albeit indirectly.
APA, Harvard, Vancouver, ISO, and other styles
3

Hazelhorst, Monique. "Free Movement of Civil Judgments and European Union Fundamental Rights Law." In Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial. T.M.C. Asser Press, 2017. http://dx.doi.org/10.1007/978-94-6265-162-3_6.

Full text
APA, Harvard, Vancouver, ISO, and other styles
4

Onida, Valerio. "Moving Beyond Judicial Conflict in the Name of the Pre-Eminence of Fundamental Human Rights." In Remedies against Immunity? Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_17.

Full text
Abstract:
AbstractSentenza 238/2014 can be criticized insofar as it seems to ground Italy’s refusal to comply with the Jurisdictional Immunities Judgment of the International Court of Justice on the basis of the right of access to a judge for the victims of the conduct of German armed forces during World War II. Indeed, the principle of state’s immunity to the civil jurisdiction of other states regarding the conduct of their own armed forces does not in itself breach a victim’s right of access to a judge, which theoretically in this case might also be granted by a German court. However, Sentenza 238/2014 has the merit of highlighting, in the specific case of the Italian Military Internees (IMIs), the violation of the victims’ right to an effective judicial protection of their fundamental rights, given that German jurisdictions excluded every reparation that favoured IMIs. Such fundamental rights must prevail over the international rules relating to state immunity because, according to the supreme principles of the Italian constitutional order and to international law itself, fundamental human rights violations related to crimes against humanity must benefit from an effective protection. The impasse between Italy and Germany should be solved through a new joint initiative between the two governments (carried out ideally under a common understanding of the two Presidents of the Republic), which should examine the applicants’ cases in order to grant them reparation. Though symbolic, such reparation will have an important moral dimension.
APA, Harvard, Vancouver, ISO, and other styles
5

Palchetti, Paolo. "Right of Access to (Italian) Courts über alles? Legal Implications Beyond Germany’s Jurisdictional Immunity." In Remedies against Immunity? Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_2.

Full text
Abstract:
AbstractThe main consequence of Sentenza 238/2014 is that Germany has been denied jurisdictional immunities before Italian courts. However, the inflexible conception of the right of access to courts adopted by the Corte Costituzionale gives rise to a number of questions that go well beyond the issue at stake in Judgment 238/2014. First, there is the issue of whether the right of access to justice should also prevail over the international customary rule on immunity from execution. Secondly, one may ask whether the need to protect the right provided by Article 24 of the Italian Constitution could trump the criteria established by Italian law for exercising civil jurisdiction in order to allow access to justice in respect to all international crimes, even those committed outside Italian territory and involving individuals having no link to Italy. Finally, there is the question of whether a sacrifice of the right of access to justice would be justified if alternative, non-judicial means of redress were available to the victims; in particular, whether an alternative means of redress should in any case ensure to each and every individual victim full compensation or whether instead, in light of the specific circumstances of the case—the fact that the crimes occurred in the course of an international armed conflict affecting hundreds of thousands of victims—such alternative means could provide only symbolic compensation based on a lump sum settlement. This chapter aims at exploring these and possibly other issues arising in connection to the broad interpretation of the principle of access to justice given by the Corte Costituzionale.
APA, Harvard, Vancouver, ISO, and other styles
6

Dhanani, Jenish, Rupa G. Mehta, Dipti P. Rana, et al. "Indian Judgment Categorization for Practicing Similar Judgment Identification." In Data Preprocessing, Active Learning, and Cost Perceptive Approaches for Resolving Data Imbalance. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-7371-6.ch013.

Full text
Abstract:
Recently, legal information retrieval has emerged as an essential practice for the legal fraternity. In the legal domain, judgment is a specific kind of legal document, which discusses case-related information and the verdict of a court case. In the common law system, the legal professionals exploit relevant judgments to prepare arguments. Hence, an automated system is a vital demand to identify similar judgments effectively. The judgments can be broadly categorized into civil and criminal cases, where judgments with similar case matters can have strong relevance compared to judgments with different case matters. In similar judgment identification, categorized judgments can significantly prune search space by restrictive search within a specific case category. So, this chapter provides a novel methodology that classifies Indian judgments in either of the case matter. Crucial challenges like imbalance and intrinsic characteristics of legal data are also highlighted specific to similarity analysis of Indian judgments, which can be a motivating aspect to the research community.
APA, Harvard, Vancouver, ISO, and other styles
7

Loveland, Ian. "4. The Royal Prerogative." In Constitutional Law, Administrative Law, and Human Rights. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198860129.003.0004.

Full text
Abstract:
This chapter considers the evolving constitutional status of the royal prerogative in the courts during the twentieth century. The discussions cover the relationship between statute, the prerogative, and the rule of law; the traditional perspective on judicial review of prerogative powers and the rejection of that traditional perspective in the House of Lords’ judgment in Council of Civil Service Unions v Minister for the Civil Service (GCHQ). The chapter continues by analysing the ways in which the new organising principle of ‘justiciability’ which emerged in the GCHQ judgment in the 1980s has since been applied in several leading cases, and suggests that in recent years the courts have adopted an increasingly rigorous approach to the supervision of governmental actions claimed to be taken under prerogative powers.
APA, Harvard, Vancouver, ISO, and other styles
8

Keane, Adrian, and Paul McKeown. "23. Judgments as evidence of the facts upon which they were based." In The Modern Law of Evidence. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198848486.003.0023.

Full text
Abstract:
This chapter examines the circumstances in which a judgment in a civil case or a verdict in a criminal case is admissible in subsequent proceedings as evidence of the facts on which it was based. It analyses the rule in Hollington v Hewthorn &amp; Co Ltd, which has been widely criticized, that judgments are not admissible as evidence of the facts on which they are based. Its effect, in both civil and criminal proceedings, has been largely removed by the Civil Evidence Act 1968 and the Police and Criminal Evidence Act 1984 respectively. Concerning civil proceedings, consideration is given to previous convictions generally, previous convictions in defamation proceedings, previous findings of adultery and paternity, previous acquittals, and other previous findings. Concerning criminal proceedings, consideration is given to previous convictions of the accused, previous convictions of persons other than the accused, and previous acquittals.
APA, Harvard, Vancouver, ISO, and other styles
9

Hayk, Kupelyants. "Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 36 South Caucasus: South Caucasian Perspectives on the Hague Principles." In Choice of Law in International Commercial Contracts. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198840107.003.0036.

Full text
Abstract:
This chapter explores South Caucasian perspectives on the Hague Principles. The rules of private international law in all three South Caucasian countries—Armenia, Georgia, and Azerbaijan—are primarily contained in statutes: the Chapter of Private International Law in Armenia (1998) and separate statutes on Private International Law in Azerbaijan (2000) and Georgia (1998). Article 1253(1) of the Armenian Civil Code and Article 1(2) of the Azerbaijani Act provides that the courts may apply international customs in the area of private international law. In so far as the Hague Principles amount to or eventually crystallize into customary international law, the courts may give effect to the Hague Principles in that manner. Before that happens, there is nothing in the legal systems of either of the three jurisdictions preventing the courts from citing for explanatory and persuasive reasons soft law instruments, such as the Hague Principles. That said, stylistically the judgments of the South Caucasian jurisdictions are often drafted in a very concise and skeletal manner. Soft law instruments and commentary might influence the reasoning of the judges, but they would rarely refer to them in the text of the judgment.
APA, Harvard, Vancouver, ISO, and other styles
10

Polido, Fabrício B. Pasquot. "The Judgments Project of the Hague Conference on Private International Law: A Way Forward for a Long-awaited Solution." In Diversity and Integration in Private International Law. Edinburgh University Press, 2019. http://dx.doi.org/10.3366/edinburgh/9781474447850.003.0012.

Full text
Abstract:
This chapter discusses distinct foundational benchmarks and inspirational ideas underlying the diplomatic negotiations leading to the adoption of the Convention on Recognition and Enforcement of Foreign Judgments on Civil or Commercial Matters by the Hague Conference of Private International Law in June 2019 and conclusion of a historical phase of the ‘Judgments Project’. It argues that the establishment of a ‘global facilitated regime’ for circulation of foreign judgements at multilateral level still remains as one of the utmost policy choices for further development of private international law related institutions and their interplay with cross-border civil and commercial litigation. The successful outcomes of the Judgment Project might be tested under multiple criteria, such as minimum standards of uniformity - with diversity being preserved at domestic normative levels-, predictability and a balanced framework for end-users in transnational litigation.
APA, Harvard, Vancouver, ISO, and other styles

Conference papers on the topic "Civil law judgment"

1

Wardani, Yulia, Torkis Tobing, and Nanda Pradana. "The Role of State Attorney in Returning The State Loss Against The Heritage of Criminal Actors of Corruption Through Indonesian Civil Law (Judgment Study Number 4/Pdt.G/2017/Pn Kbu)." In Proceedings of The International Conference on Environmental and Technology of Law, Business and Education on Post Covid 19, ICETLAWBE 2020, 26 September 2020, Bandar Lampung, Indonesia. EAI, 2020. http://dx.doi.org/10.4108/eai.26-9-2020.2302616.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Wei, Wang, Ekaterina Rusakova, and Andrei Zimakov. "CIVIL PROCEEDINGS WITH FOREIGN PARTICIPANTS IN CHINA." In NORDSCI International Conference. SAIMA Consult Ltd, 2020. http://dx.doi.org/10.32008/nordsci2020/b2/v3/09.

Full text
Abstract:
This article considers the civil procedural legislation of the China, legal status of foreigners, jurisdiction of Chinese courts, and examines the recognition and enforcement of foreign judgments in civil and commercial matters on the territory of China. In order to achieve the above research objectives, we have identified the following research tasks: to summarize the development history of China's legislation related to civil proceedings with foreign participants, especially the changes in the Civil Procedure Law in several amendments; to determine the legal status of foreigners in civil pro
APA, Harvard, Vancouver, ISO, and other styles
We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!

To the bibliography