Relevant bibliographies by topics / Contracts, Aleatory (Jewish law)

Contents

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

Academic literature on the topic 'Contracts, Aleatory (Jewish law)'

Author: Grafiati
Published: 4 June 2021
Last updated: 8 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 'Contracts, Aleatory (Jewish law).'

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 "Contracts, Aleatory (Jewish law)"

1

Lifshitz, Shahar. "Oppressive-Exploitative Contracts: A Jewish Law Perspective." Journal of Law and Religion 23, no. 2 (2008): 425–53. http://dx.doi.org/10.1017/s0748081400002344.

Full text
Abstract:
The people of the land have used oppression, and exercised robbery, and have wronged the poor and needy, and have oppressed the stranger unlawfully.(Ezekiel 22:29)Ezekiel's lament emphasizes that oppression in general, and especially oppression of the needy and the distressed, is always an extremely immoral and illegal act. In the Bible, “oppression” describes the unilateral taking of another person's property or depriving her of her rights. Yet, sometimes even an apparently voluntary agreement might be oppressive. Preventing oppression, therefore, has became one of the declared aims of contractual doctrine, as in the well-known American doctrine of unconscionability.Unconscionability and oppression are broad concepts that describe a wide-ranging array of cases and situations. Not surprisingly, therefore, despite the formidable and complex body of legal writing on the unconscionability doctrine, a great deal of ambiguity remains as to its theoretical basis, as well as its practical content.In this article I seek to enrich the modern Western discussion by analyzing Jewish law doctrine which addresses the issue of oppressive exploitative contracts, an approach which is both unique and to date largely neglected by scholars in the area. This Jewish law doctrine developed in response to a specific kind of oppressive contract, in which a semi-monopolistic party exploits the distress of a needy party in order to demand an above-market price (hereinafter referred to as oppressive-exploitative contracts).
APA, Harvard, Vancouver, ISO, and other styles
2

Cohen, Mark R. "A Partnership Gone Bad: Business Relationships and the Evolving Law of the Cairo Geniza Period." Journal of the Economic and Social History of the Orient 56, no. 2 (2013): 218–63. http://dx.doi.org/10.1163/15685209-12341301.

Full text
Abstract:
Abstract Economic historians, beginning with Avner Greif, have looked to business letters from the Cairo Geniza to understand how medieval merchants in the Islamic Mediterranean organized business collaboration. They have noticed the prevalence of agency relations, which followed “informal” arrangements, unlike formal partnerships, which employed written contracts. This “method” was called ṣuḥba (“companionship”) in Arabic, and it entailed reciprocal exchange of favors between business “friends.” Much attention has been given to what Greif calls “private order” enforcement of agency contracts, whereby merchants belonging to a “closed” consortium reported instances of cheating or opportunism by a fellow merchant, in place of enforcement by religious courts. However, economic historians relying on the Geniza documents have paid inadequate attention to evolving Jewish law in the Islamic milieu. The present article, focusing on a mercantile dispute, brings evidence to show that Jewish legal scholars adopted a feature of Islamic judicial practice to strengthen their role in enforcement of informal agency contracts. In his Code, the Mishneh Torah, Maimonides put the final touches on this accommodation by incorporating agency into the law pertaining to contract enforcement among partners.
APA, Harvard, Vancouver, ISO, and other styles
3

Ilan, Tal. "On a Newly Published Divorce Bill from the Judaean Desert." Harvard Theological Review 89, no. 2 (April 1996): 195–202. http://dx.doi.org/10.1017/s0017816000031989.

Full text
Abstract:
A wife's right to divorce her husband does not exist in Jewish law, or so claims virtually every textbook on Jewish law. Over the years scholars have, of course, noted exceptions to this absolute assertion. In Jewish marriage contracts from Elephantine, for example, women have a right to divorce equal to that of men. Another example is the Gospel of Mark's logion on divorce, which apparently implies that either a woman or a man can initiate divorce procedures. Josephus, moreover, relates that Salome, King Herod's sister, sent her husband a bill of divorce. Mainstream scholarship has too often brushed aside these pieces of evidence as nonrepresentative actions or misunderstandings on the part of a transmitter. The Elephantine community was thus remote and had lost contact with the center of Jewish life many years earlier, living a pagan existence and following the legal practices of its neighbors. Mark was a non-Jewish author describing the actions of Palestinian Jews in light of more familiar Roman legal practices. Salome's actions contradicted Jewish law and succeeded only because of her Roman citizenship.
APA, Harvard, Vancouver, ISO, and other styles
4

Porat, Benjamin. "Contracts to the Detriment of a Third Party: Developing a Model Inspired by Jewish Law." University of Toronto Law Journal 62, no. 3 (July 2012): 347–402. http://dx.doi.org/10.3138/utlj.62.3.347.

Full text
APA, Harvard, Vancouver, ISO, and other styles
5

Abdallah, Amel K. "Islamic Sharia and arbitration in GCC States: The way ahead." International Review of Law 9, no. 2 (April 30, 2021): 318–36. http://dx.doi.org/10.29117/irl.2020.0114.

Full text
Abstract:
Irrespective of the existence of a legislative environment complying with the most recent international texts in the field of Arbitration in most GCC states; such as UNCITRAL Model Law of international Commercial Arbitration, 1985, Islamic sharia may not be sufficiently clear to foreign investors and western jurists who might consider it as an impediment jeopardizing recognition and enforcement of arbitral proceedings in Arab states especially in GCC. This article clarifies the relationship between Arbitration and the real concepts of Islamic sharia, concluding that rules of Islamic sharia would not be an impediment to the enforcement of Arbitral Awards in GCC states. The article illustrates the real concept of Islamic sharia as a part of public policy and analyzes the attitudes of recent GCC legislations, and court decisions, concerning matters looking contradictory to Islamic sharia and might constitute a legal ground to challenge arbitral awards, such as religion and gender of Arbitrators, interest rates and aleatory contracts.
APA, Harvard, Vancouver, ISO, and other styles
6

Stagl, Jakob Fortunat. "A flight to Rome: Ernst Rabel's intellectual itinerary." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 79, no. 3-4 (2011): 533–52. http://dx.doi.org/10.1163/157181911x596420.

Full text
Abstract:
AbstractHow can one explain that Ernst Rabel (1874–1951), born in Vienna, with Jewish roots, became the architect of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and one of the foremost authorities ever on Private International Law? Was this a mere coincidence or was his method of looking for similarities in the law of di erent nations rather than looking for its disparities the product of an universalism rooted in the example of the Roman Empire and its law and the experience of the multiethnic Empire of the Hapsburgs?
APA, Harvard, Vancouver, ISO, and other styles
7

Cotton, H. M., W. E. H. Cockle, and F. G. B. Millar. "The Papyrology of the Roman Near East: A Survey." Journal of Roman Studies 85 (November 1995): 214–35. http://dx.doi.org/10.2307/301063.

Full text
Abstract:
Not all students of the Roman world may have realized that, following extensive discoveries in the last few years, Egypt has ceased to be the only part of the Empire from which there are now substantial numbers of documentary texts written on perishable materials. This article is intended as a survey and hand-list of the rapidly-growing ‘papyrological’ material from the Roman Near East. As is normal, ‘papyrology’ is taken to include also any writing in ink on portable, and normally perishable, materials: parchment, wood, and leather, as well as on fragments of pottery (ostraka). The area concerned is that covered by the Roman provinces of Syria (divided in the 190s into ‘Syria Coele’ and ‘Syria Phoenice’); Mesopotamia (also created, by conquest, in the 190s); Arabia; and Judaea, which in the 130s became ‘Syria Palaestina’. These administrative divisions are valid for the majority of the material, which belongs to the first, second and third centuries. For the earlier part of the period we include also papyri from Dura under the Parthian kings (Nos 34, 36–43, and 166), since they belong to the century before the Roman conquest and illustrate the continuity of legal and administrative forms; and five papyri from the kingdom of Nabataea, which after its ‘acquisition’ in 106 was to form the bulk of the new province of Arabia, on the grounds that in some sense dependent kingdoms were part of the Empire (Nos 180–184). Both groups are listed in brackets. We also include the extensive material from the first Jewish revolt (Nos 230–256) and from the Bar Kochba war of 132–5 (Nos 293–331), even though it derives from regimes in revolt against Rome. The private-law procedures visible in the Bar Kochba documents are continuous with those from the immediately preceding ‘provincial’ period (that of the later items in the ‘archive of Babatha’ and other documents). What changes dramatically after the outbreak of the revolt is language use: Hebrew now appears alongside Aramaic and Greek. But even as late as the third year of the revolt we find contracts in Aramaic. Our list at this point will supplement and correct that given by Millar in The Roman Near East, App. B.
APA, Harvard, Vancouver, ISO, and other styles
8

Lifshitz, Shahar. "חוזים עושקים – השראה אפשרית מן המשפט העברי Oppressive contracts: Possible inspiration from Jewish law." SSRN Electronic Journal, 2019. http://dx.doi.org/10.2139/ssrn.3335981.

Full text
APA, Harvard, Vancouver, ISO, and other styles
9

Rashi, Tsuriel, and Andrew A. Schwartz. "Contracts Capsized by COVID-19: A Legal and Jewish Ethical Analysis." Journal of Business Ethics, March 4, 2021. http://dx.doi.org/10.1007/s10551-021-04773-9.

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

Dissertations / Theses on the topic "Contracts, Aleatory (Jewish law)"

1

Keady, Joseph. "A Translation of Dominik Nagl’s Grenzfälle with an Introductory Analysis of the Translation Process." 2020. https://scholarworks.umass.edu/masters_theses_2/881.

Full text
Abstract:
My thesis is an analysis of my own translation of a chapter from Dominik Nagl's legal history 'Grenzfälle,' which addresses questions of citizenship and nationality in the context of the German colonies in Africa and the South Pacific. My analysis focuses primarily on strategies that I used in an effort to preserve the strangeness of a linguistic context that is, in many ways, "foreign" to twenty first-century North Americans while also striving to avoid reproducing the violence embedded in language that is historically laden with extreme power disparities.
APA, Harvard, Vancouver, ISO, and other styles

Books on the topic "Contracts, Aleatory (Jewish law)"

1

Lifshitz, Berachyahu. Asmakhta: Ḥiyuv ṿe-ḳinyan ba-mishpaṭ ha-ʻIvri. Yerushalayim: Miśrad ha-mishpaṭim ʻal yede Hotsaʾat sefarim ʻa. sh. Y.L. Magnes, ha-Universiṭah ha-ʻIvrit, 1988.

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

Dohovory azartnoï hry v t︠s︡yvilʹnomu pravi Ukraïny: Monohrafii︠a︡. Kyïv: I︠U︡stinian, 2007.

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

Williatte-Pellitteri, Lina. Contribution à l'élaboration d'un droit civil des événements aléatoires dommageables. Paris, France: L.G.D.J., 2009.

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

Contribution à l'élaboration d'un droit civil des événements aléatoires dommageables. Paris, France: L.G.D.J., 2009.

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

Lāfī, Muḥammad. Sharḥ aḥkām al-bayʻ wa-al-taʼmīn wa-al-wikālah fī al-tashrīʻ al-Lībī. [Cairo?: s.n.], 2004.

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

Braginskiĭ, Mikhail Isaakovich. Dogovory ob igrakh, pari: Poni︠a︡tie, vidy, pravovoe regulirovanie. Moskva: Statut, 2004.

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

Andries, Ken. Les jeux et paris: Analyse critique des éléments constitutifs de la définition légale. Bruxelles: Larcier, 2008.

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

Nicolas, Carette, and Hoekx Nele, eds. Les jeux et paris: Analyse critique des éléments constitutifs de la définition légale. Bruxelles: Larcier, 2008.

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

Wolter, Udo. Termingeschäftsfähigkeit kraft Information: Eine rechtshistorische, rechtsdogmatische und rechtspolitische Studie über die stillschweigende Entfunktionalisierung des [Paragraphen] 764 BGB durch die Börsengesetz-Novelle 1989. Paderborn: F. Schöningh, 1991.

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

Lara, Estrella Toral. El contrato de renta vitalicia. Las Rozas, Madird: La Ley, 2009.

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

Book chapters on the topic "Contracts, Aleatory (Jewish law)"

1

Keil, Martha. "Jewish Business Contracts from Late Medieval Austria as Crossroads of Law and Business Practice." In Religious Minorities in Christian, Jewish and Muslim Law (5th - 15th centuries), 353–67. Turnhout: Brepols Publishers, 2017. http://dx.doi.org/10.1484/m.relmin-eb.5.111610.

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

Soloveitchik, Haym. "Jewish and Roman Law: A Study in Interaction." In Collected Essays, 379–93. Liverpool University Press, 2020. http://dx.doi.org/10.3828/liverpool/9781904113997.003.0015.

Full text
Abstract:
This chapter discusses the laws regulating usury (ribbit). In the course of studying ribbit, more specifically, the problem of personal surety in usury contracts, certain peculiar developments in Provençal halakhic thought came to the author's attention which were not explainable by indigenous forces. The geographical distribution of the discussion seemed oddly disproportionate, the fictions too blatant, the types of problem that were raised seemed inappropriate for the period, and the terminology was occasionally alien. The author was compelled to look outside Jewish law for possible stimuli. Placing the Jewish developments within the context of twelfth-century Provençal law shed light on a number of seemingly inexplicable points. The Jewish literature, on the other hand, provided new information about the Gentile law of the time and yielded fresh corroboration for theories of the penetration of Roman law in Provence. However, at the same time this material seemed to point to an earlier date for certain legal developments than is generally accepted. It is these findings that the author wishes to bring to the attention of the scholars of Provençal law.
APA, Harvard, Vancouver, ISO, and other styles
3

Chiusi, Tiziana J. "Legal Interactions in the Archive of Babatha." In Law in the Roman Provinces, 101–14. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198844082.003.0007.

Full text
Abstract:
The article discusses two documents from the archive of the Jewish woman Babatha: P. Yadin 21 and 22, dated to 130 CE. They are interrelated contracts, referring to the fruits from date orchards which were in Babatha’s possession, but were to be harvested by Simon. So far, most studies have sought to prove that these contracts were based on Jewish law and hence specific to this region. This article attempts to understand them from a Roman perspective. In the categories of Roman law, what is at issue is an emptio rei speratae. The fact that no money is involved is remarkable in the light of debates between Sabinian and Proculian jurists which were still not resolved in the time of Gaius. P. Yadin 21 and 22 are evidence for the practical application of the Sabinian doctrine. Clearly, the scribe who wrote the documents attempted to phrase a common business transaction in the terms of Roman law, to make it actionable before a Roman court.
APA, Harvard, Vancouver, ISO, and other styles
4

Botticini, Maristella, and Zvi Eckstein. "Were the Jews a Persecuted Minority?" In The Chosen Few. Princeton University Press, 2012. http://dx.doi.org/10.23943/princeton/9780691144870.003.0003.

Full text
Abstract:
This chapter examines the arguments set forth to explain why the Jews became a population of skilled craftsmen, traders, bankers, and physicians and why they created a worldwide urban diaspora. These arguments are grouped into two main categories: ones that highlight exogenous factors (discrimination, restrictions, persecutions, massacres) and ones that emphasize endogenous choices (voluntary self-segregation in order to maintain religious rites, voluntary migration to cities to preserve group identity). The chapter then presents the thesis that in a world populated by illiterate people, the ability to read and write contracts, business letters, and account books using a common alphabet gave the Jews a comparative advantage over other people. The Jews also developed a uniform code of law (the Talmud) and a set of institutions (rabbinic courts, the responsa) that fostered contract enforcement, networking, and arbitrage across distant locations. Thus, high levels of literacy and the existence of contract-enforcement institutions became the levers of the Jewish people.
APA, Harvard, Vancouver, ISO, and other styles
You might also be interested in the extended bibliographies on the topic 'Contracts, Aleatory (Jewish law)' for particular source types:
Books
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