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Dissertations / Theses on the topic 'Common law'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Laurindo, Marja Mangili. "Entre common law e civil law." reponame:Repositório Institucional da UFSC, 2017. https://repositorio.ufsc.br/xmlui/handle/123456789/179920.

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Dissertação (mestrado) - Universidade Federal de Santa Catarina, Centro de Ciências Jurídicas, Programa de Pós-Graduação em Direito, Florianópolis, 2017.<br>Made available in DSpace on 2017-10-03T04:21:46Z (GMT). No. of bitstreams: 1 348552.pdf: 14136770 bytes, checksum: 8b8b640521518567f41d5a953f437668 (MD5) Previous issue date: 2017<br>Esta dissertação objetiva compreender as condições socioeconômicas em que se dão e as implicações das transformações do direito brasileiro no que se refere à adoção de procedimentos comuns à tradição estrangeira da common law. Disso, se obteve que, em um cen

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2

Fox, David Murray. "Tracing money at common law." Thesis, University of Cambridge, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.361717.

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3

Juratowich, Ben. "Retroactivity and the common law." Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.439764.

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4

Moreham, Nicole Anna. "Privacy and the common law." Thesis, University of Cambridge, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.615821.

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5

Caenegem, Raoul C. Van. "El common law es diferente." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/118546.

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6

Ong, Burton T. E. "Competition law and the common law of unfair competition." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:0bcf048f-12a6-495d-a7ae-66b307d296df.

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Competition between trade rivals in a marketplace operating within a common law-based legal system is regulated primarily by two fairly distinct branches of the law: the prohibitions against anti-competitive conduct imposed by the competition law framework, and the common law restraints against acts of “unfair competition” that attract liability under the economic torts. This dissertation aims to critically examine both these legal frameworks and provide an integrated account of how these branches of the law distinguish between lawful and unlawful modes of competitive conduct. By scrutinising

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7

Bennett, Thomas Daniel Cynvelin. "Imagining privacy in the common law : overcoming the barriers to a common law tort of intrusion." Thesis, Durham University, 2018. http://etheses.dur.ac.uk/12523/.

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This thesis is concerned with the relevance of imagination to the task of judicial elaboration of the common law. It brings this issue into focus by concentrating its analysis on the “intrusion lacuna” in domestic tort law’s protection of privacy interests. The thesis proposes that this lacuna, whereby the common law lacks a tort of intrusion into privacy, can be explained by identifying two “barriers” to the adoption of such a tort. A “formal” barrier inhibits development by causing the courts to believe that the development of a novel privacy tort would amount to an illegitimate exercise in

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8

Landskron, Rolf. "Common-law and civil-law legal families : a misleading categorisation." ePublications@bond, 2008. http://epublications.bond.edu.au/theses/landskron.

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This thesis examines common-law and civil-law jurisdictions in order to find differences between them. These differences are then being qualified as either relevant or irrelevant for the categorisation of individual jurisdictions. This reflects the argument that only features occurring in only one of the legal families can be relevant when categorising jurisdictions. Only such features can be, from the author’s point of view, specific and typical for their legal family and inherent features of them.The first thing to be considered under this premise is the respective sources of law (Chapter 1)

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9

Perrin, Benjamin. "An emerging international criminal law tradition : gaps in applicable law and transnational common laws." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101824.

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This thesis critically examines the origins and development of international criminal lave to identify the defining features of this emerging legal tradition. It critically evaluates the experimental approach taken in Article 21 of the Rome Statute of the International Criminal Court, which attempts to codify an untested normative super-structure to guide this legal tradition.<br>International criminal law is a hybrid tradition which seeks legitimacy and answers to difficult questions by drawing on other established legal traditions. Its development at the confluence of public international la

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10

Brown, C. W. "A common law of international adjudication." Thesis, University of Cambridge, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.596968.

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This dissertation examines aspects of procedure and remedies in the jurisprudence of international courts and tribunals. The dissertation’s central thesis is that there is increasing similarity in the application of procedure and remedies by international courts, and that this represents the emergence of a ‘common law of international adjudication’. The emerging common law of international adjudication owes its existence in part to the broad powers that international courts can exercise over their procedure and remedies. These powers encompass not only those which are expressly conferred on th

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11

Yap, Po Jen. "Constitutional dialogue in common law Asia." Thesis, University of Cambridge, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648886.

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12

Austin, Raymond D. "Navajo Courts and Navajo Common Law." Diss., The University of Arizona, 2007. http://hdl.handle.net/10150/196081.

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The Navajo Nation courts use ancient Diné (Navajo) customs and traditions or Navajo common law to decide cases. While the concepts called Navajo common law are free-flowing, communal, and egalitarian, the forum where they are used, the Navajo Nation court, is adversarial and uses adopted American court rules to strain traditional concepts to relevancy. Incorporating Navajo common law into American-styled court litigation is a difficult process. Navajo common law is rooted in Navajo philosophy,while the forum of its application is of Anglo-American design. The Navajo judges,nonetheless, have de

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13

Mugisha, Julius P. K. "Recognition of common-law spousal relationships in Canadian family law." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80943.

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Common-law spousal relationships have become increasingly common with a growing number of Canadians electing to enter into them. This thesis appreciates the injustices suffered by common-law spouses during and at the termination of their spousal relationships, and reinforces the view that the denial of marital property benefits dishonors the dignity of common-law spouses. Common-law spouses experience similar needs as their married counterparts when the relationship ends. Most of the current functions of marriage can be fulfilled within common-law spousal relationships and should more a

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14

Gibbons, Robert C. "Florida's common-law corporation sole an historical, civil law, and canon law analysis /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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15

Icardi, Aldo. "Las Cortes de Equidad y el Sistema de la "Common Law"." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/115918.

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16

Huang, Jiefang. "The common interest principle in space law /." Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=64496.

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17

Perry, Stephen Robert. "Adjudication, legal theory and the common law." Thesis, University of Oxford, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.253825.

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18

Wells, Elizabeth. "Common law reporting in England 1550-1650." Thesis, University of Oxford, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.260105.

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19

Rotherham, Craig Ian. "Conceptions of property in common law discourse." Thesis, University of Cambridge, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.627588.

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20

Bonnard, Isabelle. "La Notion d'unconscionability en droits anglais et américain des contrats." Paris 1, 1988. http://www.theses.fr/1988PA010299.

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La notion d'unconscionability est l'un des moyens permettant, aujourd'hui, de sanctionner les abus engendrés par les contrats d'adhésion. Elle porte à la fois sur la formation du contrat en ce qui concerne les problèmes posés par les inégalités de puissance contractuelle, et sur le contenu du contrat pour ce qui est des clauses abusives. C'est une notion de common law, que l'on peut retrouver dans le droit américain et dans le droit anglais. Bien que commune à ces deux systèmes, elle s'y présente cependant de différents façons. S'appliquant à tous les contrats aux Etats-Unis, elle est de porté

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21

Lind, Göran. "Common law marriage : a legal institution for cohabitation /." New York [u.a.] : Oxford Univ. Press, 2008. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016728851&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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22

Rosenwasser, Elior. "Good faith -- civil, common and maritime." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81232.

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The growing recognition of obligation of Good Faith in contract law has only increased the debate surrounding this concept and its ramification on contract. The uneasiness about Good Faith should be attributed to the fact that Good Faith is an open norm or vague standard, which in practice means judicial law making. Furthermore, Good Faith suggests the teleological method of interpretation of contract and legislation in determining the rights and the duties of the parties to a contract. This, it is argued, would contradict the importance of certainty, private autonomy and commercial sta

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23

Weiß, Norman. ""Our common humanity" : die asiatische Menschenrechtscharta." Universität Potsdam, 2000. http://opus.kobv.de/ubp/volltexte/2010/4414/.

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24

Worby, Samantha Jane. "Kinship in thirteenth century England : the Canon Law in the Common Law." Thesis, University College London (University of London), 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.425687.

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25

Link, Mathias. "Possession, Possessio und das Schicksal des Common Law : der Besitzrechtsstreit im Common Law in der zweiten Hälfte des 19. Jahrhunderts /." Frankfurt am Main [u.a.] : Lang, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/364177950.pdf.

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26

Flach, Carl Joseph. "Common error and Canon 1111 [section] 1." Online full text .pdf document, available to Fuller patrons only, 2000. http://www.tren.com.

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27

O'Connor, Paul. "Common law rights for people injured at work /." Title page, synopsis and table of contents only, 2002. http://web4.library.adelaide.edu.au/theses/09LR/09lro187.pdf.

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28

Richter, Markus Johannes. "Common Law Begriffe und Eigentumsrechte der kanadischen Indianer /." Münster [u.a.] : Lit, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/366331507.pdf.

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29

Sprince, Alan. "Stress at work : can the common law cope?" Thesis, Liverpool John Moores University, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.402859.

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30

Sandison, Craig R. K. "Legality and the Scots common law of crimes." Thesis, University of Cambridge, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.296709.

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31

Decock, Wim. "Morals are the guiding principle for common law." Pontificia Universidad Católica del Perú, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/116211.

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Starting from fifty citations from primary sources, this article tries to summarize a recent doctoral thesis on the transformation of traditional ius commune contract law in moral theological treatises from the early modern Catholic world. Firstly, it will be shown how theologians borrowed from the Romano-canon legal tradition to develop moral doctrine. Secondly, this contribution will try to demonstrate that the traditional conception of contract was fundamentally changed in the works of the theologians. The conclusion will be that theologians developed a doctrine of contracts which redef

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32

Marais, Albertus Johannes. "Simulation discussed : tax avoidance in the common law." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/10897.

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Includes bibliographical references.<br>The simulation doctrine has, in the law of taxation, always played the role of being SARS' remedy in the common law, vis-a-vis its legislated cohorts, viz. both the specific and general anti-avoidance provisions contained in the various tax statutes. Building on the principles established in Zandberg v Van Zyl, Dadoo Ltd and others v Krugersdorp Municipal Council and Commissioner of Customs and Excise v Randles Brothers & Hudson Ltd, the test which emerged and has been applied since, is broadly recognised as being that as formulated by Watermeyer JA in R

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33

Lobban, Michael. "The common law and English jurisprudence, 1760-1850 /." Oxford : Clarendon press, 1991. http://catalogue.bnf.fr/ark:/12148/cb37359904x.

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34

Kostal, Rande W. "Common law, common lawyers and the English railway industry, 1830-1880 : a study in the history of law and industrial capitalism." Thesis, University of Oxford, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.254211.

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35

Saccone, Giuseppe Mario. "History as rhetoric in Hobbes' dialogue of the Common Laws and the rise of modern philosophy." Thesis, Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B22050449.

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36

Thompson, A. Keith. "Religious confession privilege at common law : a historical analysis /." Access via Murdoch University Digital Theses Project, 2006. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20070831.94056.

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37

Larkin, Philip M. "The rule of forfeiture and social security law." Thesis, University of Southampton, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.268387.

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38

Maqhosha, Noluthando. "An analysis of the South African common law defence of moderate and reasonable child chastisement." Thesis, University of Fort Hare, 2016. http://hdl.handle.net/10353/2556.

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The study sought to analyse the South African common law defence of moderate and reasonable child chastisement. Regarded by those with religious and cultural beliefs as a way of instilling child discipline, child chastisement has been a centre of contestation in recent years. Constitutionally, children have rights to care, dignity and protection. Thus, child chastisement infringes upon these rights. However, regardless of its intentions, child chastisement has an effect of inflicting pain onto its victims thereby infringing on their rights to human dignity, equality and protection. It can also

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39

Nermark, Ebba. "Interpreting the Palermo Protocol : Common State Practice?" Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76619.

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40

Mkonza, Qhinga Aidan. "A common law view of "carrying on a trade"." Thesis, Rhodes University, 2018. http://hdl.handle.net/10962/60888.

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The term “trade” is defined in very wide terms in the Income Tax Act and includes a “business” and a “venture”. For a taxpayer to claim certain deductions in arriving at taxable income, the taxpayer must be carrying on a trade. The expression “carrying on a trade” is not defined in the Income Tax Act. Whether or not a taxpayer is carrying on a trade is a matter of fact. Case law has established certain principles and tests to be applied in determining whether a taxpayer is carrying on a trade. The goal of the thesis was to determine to what extent an activity can be considered as carrying on a

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41

org, thompsonak@ldschurch, and Anthony Keith Thompson. "Religious Confession Privilege at Common Law: A Historical Analysis." Murdoch University, 2006. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20070831.94056.

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Since English lawyers started writing text books about the law of evidence, they have denied that religious confession privilege exists at common law. However, that statement of the law surprises those who recognise confessional secrecy dating back into the first millennium AD. It is also counter-intuitive in Federal Australia since the one human freedom which the Constitution has guaranteed since 1901 is the free exercise of any religion. This thesis analyses the legal conclusion that there is no religious confession privilege at common law against available historical materials. Those ma

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42

Hunt, Christopher Douglas Lorne. "Justifying and structuring a principled common law privacy tort." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.607899.

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43

Magsig, Bjørn-Oliver. "International water law and the quest for common security." Thesis, University of Dundee, 2013. https://discovery.dundee.ac.uk/en/studentTheses/c08da455-ef7b-4879-95f7-9674df88c3ca.

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The world’s freshwater supplies are squeezed by rapidly increasing demand, the impacts of global climate change and unsustainable management. Given the fact that water is the gossamer linking various other security issues – e.g., energy, food and environment – it seems obvious that ‘business as usual’ in transboundary water management will threaten future global stability and endanger the very foundation of international security. Yet, the much needed radical new approach is missing. This is mainly due to the fact that addressing water insecurity is a highly complex task where multilevel and p

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44

Plunkett, James Christopher. "The duty of care : a comparative common law analysis." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:0323d109-bf6b-4ccc-bbcc-effa936e7b54.

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The general aim of this thesis is to provide a detailed overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. The thesis starts by exploring the history of the duty concept, including how it first came to be an element of the negligence enquiry, and how it later came to be determined via the use of a general formula. The thesis then explores and analyses the various methods through which the existence of a duty of care has been determined. Having provided an overview of the development of the duty concept, it is then argu

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45

Earle, Murray. "Judicial policy in the common law of informed consent." Thesis, University of Edinburgh, 2000. http://hdl.handle.net/1842/22173.

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This thesis has entailed an investigation into the common law of informed consent to medical procedures among competent adults. This fails within the law of delict in Scotland and South Africa and within the law of torts in England, Canada, Australia and the United States of America. These six jurisdictions comprise the countries whose common law has been deconstructed by this thesis. This deconstruction was done with the aim of highlighting those points in the law of negligence, delict and/or torts at which policy is made or enforced in favour of the patient, the medical practitioner or indee

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46

Thompson, Anthony Keith. "Religious confession privilege at common law: a historical analysis." Thesis, Thompson, Anthony Keith (2006) Religious confession privilege at common law: a historical analysis. PhD thesis, Murdoch University, 2006. https://researchrepository.murdoch.edu.au/id/eprint/358/.

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Since English lawyers started writing text books about the law of evidence, they have denied that religious confession privilege exists at common law. However, that statement of the law surprises those who recognise confessional secrecy dating back into the first millennium AD. It is also counter-intuitive in Federal Australia since the one human freedom which the Constitution has guaranteed since 1901 is the 'free exercise of any religion'. This thesis analyses the legal conclusion that there is no religious confession privilege at common law against available historical materials. Those

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47

Thompson, Anthony Keith. "Religious confession privilege at common law: a historical analysis." Thompson, Anthony Keith (2006) Religious confession privilege at common law: a historical analysis. PhD thesis, Murdoch University, 2006. http://researchrepository.murdoch.edu.au/358/.

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Since English lawyers started writing text books about the law of evidence, they have denied that religious confession privilege exists at common law. However, that statement of the law surprises those who recognise confessional secrecy dating back into the first millennium AD. It is also counter-intuitive in Federal Australia since the one human freedom which the Constitution has guaranteed since 1901 is the 'free exercise of any religion'. This thesis analyses the legal conclusion that there is no religious confession privilege at common law against available historical materials. Those

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48

Allport, Lesley Ann. "Exploring the common ground in mediation." Thesis, University of Birmingham, 2016. http://etheses.bham.ac.uk//id/eprint/6746/.

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This study examines similarities and differences in mediation practice across sectors and considers whether variations in delivery are so wide that they cannot be regarded as the same process. The following conclusions are based on interviews with experienced practitioners from a variety of settings: There is far more commonality across sectors than is currently acknowledged among mediators. While there are undoubtedly variations in practice, these are found as much within fields of delivery as between them. Historically, mediation operated within communities and provided social cohesion in th

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49

Alem, Mohammed Y. "The applicable law to international commercial contracts : harmonization perspectives between civil and common law?" Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61160.

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There seems to be wide acceptance of the idea that divergencies between legal systems give rise to disadvantages. These divergencies are, and have always been, regarded as inconveniences to overcome, particularily between the Civil and Common Law traditions, which present quite diverging points of view in the way the Law is thought. Today, one criterion of evaluating any harmonization of international legal norms is the extent to which the effort enhances certainty, a quality much appreciated in the field of international commercial contracts.<br>In fact, today, there is a detectable effort on

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50

Sinclair, Michael David. "Common law constraints in public and private law over the exercise of privatised functions." Thesis, University of Cambridge, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.295292.

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