Relevant bibliographies by topics / Divergences in case-law

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Academic literature on the topic 'Divergences in case-law'

Author: Grafiati
Published: 4 June 2025
Last updated: 1 August 2025

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Journal articles on the topic "Divergences in case-law"

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Hamill, Sarah E., and Ciara Hackett. "Law of Obligations (North–South Mapping Project)." Irish Studies in International Affairs 34, no. 2 (2023): 439–79. http://dx.doi.org/10.1353/isia.2023.a916345.

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ABSTRACT: In this paper we examine the law of obligations in Ireland and Northern Ireland. Given constraints of space, we focus on post-partition divergences and convergences. Rather than attempt to examine the totality of the law of obligations, we have focused on tort and contract, and in particular examples where divergence and convergence have been driven by case law and by statute. Thus, in tort law, our focus is on one tort based on case law, and one based in statute. Similarly in contract, we focus on three areas where changes have been driven by either statute or judicial reasoning.
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Mania, Karolina. "Monitoring of the employee’s Internet use in the workplace in the light of selected case law of the European Court of Human Rights and Polish case law." Przegląd europejski 4 (February 2, 2020): 63–77. http://dx.doi.org/10.5604/01.3001.0013.7889.

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This article analyses selected case law of the European Court of Human Rights (ECHR) as well as Polish case law in the subject matter specified in the title, i.e. the monitoring of Internet use by employees in the workplace. The author has selected the research subject based on the own observations on the existence of nuances and divergences in the ECHR’s case law in this field, as well as a growing importance of this matter in the context of increasing employees’ online activity at work. The study is based on such research methods as content analysis, comparative legal methodology and the for
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Mansoor, Zeeshan. "Contracts Contrary to Public Policy under English Law and Dutch Law: The Case of Agreements Affecting Matrimony." European Review of Private Law 22, Issue 5 (2014): 703–27. http://dx.doi.org/10.54648/erpl2014057.

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Abstract: Both English law and Dutch law contain general rules that result in the invalidity of contracts that conflict with morality or public policy. Working on the premise that each country has its own unique set of factors shaping public interests, this article highlights methodological aspects of identifying the extent to which convergences and divergences exist in the English and Dutch approaches towards the invalidity of contracts on grounds of public policy and good morals. Case patterns dealing with contracts affecting the institution of marriage under both English law and Dutch law a
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Koumoutzis and Papastylianos. "Human Rights Issues Arising from the Implementation of Sharia Law on the Minority of Western Thrace—ECtHR Molla Sali v. Greece, Application No. 20452/14, 19 December 2018." Religions 10, no. 5 (2019): 300. http://dx.doi.org/10.3390/rel10050300.

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The Molla Sali case, recently heard by the ECtHR, concerns the compatibility of the implementation of Sharia in the family and personal relations of the Muslims of Western Thrace, who remained within the boundaries of the Greek State after the exchange of populations under the Treaty of Lausanne, to the ECHR. The applicant, a Greek national of the Muslim minority of Western Thrace, complained that she could not be beneficiary by testament of her deceased husband’s estate, member of the same minority, since, according to the position of the Court of Cassation, due to a series of international a
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Dimatteo, Larry A. "Behavioural Case for Contractual Penalties under the Common Law." European Review of Private Law 23, Issue 3 (2015): 327–53. http://dx.doi.org/10.54648/erpl2015026.

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Abstract: One of the more important divergences between the common and civil laws relates to the enforceability of penalties in contracts. Put simply, the common law rejects penalties as being repugnant to the compensatory nature of contract damages. The civil law enforces penalty clauses as a manifestation of freedom of contract, unless the stipulated damages are determined to be manifestly excessive. This article compares these two approaches and finds the civil law rule to be the superior one. It uses insights from law and economics and, more importantly, from behavioural law and economics
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Habermacher, Adrien. "LES MAUX DU DROIT ET LES MOTS DE LA MÉDECINE : ENTRELACS SÉMANTIQUES ET TERMINOLOGIQUES, REFLETS DES DIALOGUES ÉPISTÉMIQUES." Comparative Legilinguistics 62 (June 30, 2025): 143–74. https://doi.org/10.14746/cl.2025.62.3.

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Les termes anciens de la common law tels que remedy et case, les termes modernes de la formation des juristes comme Juris Doctor et « clinique juridique », et certains mouvements de la philosophie du droit tels que la therapeutic jurisprudence suggèrent des convergences entre droit et médecine quand d’autres termes évoquent plutôt des divergences, par exemple la différence entre « patient » et « client ». Cet essai s’appuie sur ces convergences et divergences terminologiques pour ouvrir des pistes d’exploration concernant les dialogues épistémiques entre droit et médecine à diverses époques. E
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MacGregor Pelikánová, Radka. "Harmonization of the protection against misleading commercial practices: ongoing divergences in Central European countries." Oeconomia Copernicana 10, no. 2 (2019): 239–52. http://dx.doi.org/10.24136/oc.2019.012.

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Research background: Modern European integration focuses on competition in the internal single market, embracing both competitiveness and consumer protection, and it aims at full harmonization in this arena. The hallmark, the Unfair Commercial Practices Directive from 2005, aims to overcome diverse social, political, legal and economic traditions. Is the implied protection against misleading practices an opportunity or a threat for Central European Regions?
 Purpose of the article: The primary purpose is to comparatively describe and critically assess the transposed legal frameworks. The
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Mehta, Ravi S. "The Continental Shelf: No longer a “terra incognita” to the EU." Common Market Law Review 49, Issue 4 (2012): 1395–422. http://dx.doi.org/10.54648/cola2012068.

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The current state of EU law reveals an unclear and incoherent approach to the question of its applicability to the Continental Shelf of Member States. The ambiguity in rules of public international law have led to divergences in Commission practice and EU secondary legislation. However, the case law of the Court of Justice of the European Union has tentatively led the way towards a functional approach to the territorial scope of the EU Treaties, attached to the sovereignty or jurisdiction of Member States. This position, hinted at in the recent Grand Chamber judgment in Case C-347/10 Salemink
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De Vries, Gerard. "Right to Specific Performance: Is There a Divergence between Civil- and Common-Law Systems and, If So, How Has It Been Bridged in the DCFR?" European Review of Private Law 17, Issue 4 (2009): 581–97. http://dx.doi.org/10.54648/erpl2009039.

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ABSTRACT: Civil- and common-law systems are asserted to treat the right of a party to a contract to specific performance in quite different ways: in civil-law systems, this right seems to be a fundamental right of a creditor, emanating from the adagium ‘pacta sunt servanda’ itself; common-law systems, on the contrary, are supposed to grant this action to the creditors only in the exceptional case that their usual remedy, damages, would not achieve appropriate justice. One might expect that this well-known divergence between the before-said law systems has posed quite a problem to the draughtsm
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Sehnálek, David. "Constitutional Courts and the Court of Justice, Constitutional Law and EU Law – Two Arranged Marriages and the Legal Problems Arising From Them." Law, Identity and Values 4, no. 1 (2024): 203–28. https://doi.org/10.55073/2024.1.203-228.

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This article addresses the question of relationship of constitutional courts to the Court of Justice in national case law; the hierarchy of these national courts to the Court of Justice of the European Union (EU); the hierarchy of national law (constitution) and EU law and the constitutional identity as a limit of the principle of supremacy. The innovative contribution of the present article is that it distinguishes between the effects of the principle of supremacy of EU law on national courts and on national legislators. It thus provides clear and precise guidance to national judges on how to
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Dissertations / Theses on the topic "Divergences in case-law"

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Pacho, Aljanati Lucía. "The Court of Justice of the European Union’s case law on linguistic divergences (2007-2013): interpretation criteria and implications for the translation of EU legislation." Doctoral thesis, Universitat Autònoma de Barcelona, 2015. http://hdl.handle.net/10803/314190.

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La Unión Europea se distingue especialmente por su ordenamiento jurídico multilingüe que depende de la traducción para su buen funcionamiento. La legislación está disponible en todas las lenguas oficiales y todas las versiones son originales. Puesto que los traductores están incorporados en el procedimiento legislativo, la traducción de la legislación de la UE se debe considerar como parte integrante de la producción del derecho. La concordancia multilingüe, que consiste en expresar el mismo significado en todas las versiones lingüísticas, implica un gran desafío para los traductores que requi
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Books on the topic "Divergences in case-law"

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Abubakar, Carmen A. The Convention on the Rights of the Child and Islamic law: Convergences and divergences, the Philippine case. Office of Muslim Affairs, 2006.

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Center, Federal Judicial, ed. Case law divergence from the Federal Rules of Evidence. Federal Judicial Center, 2000.

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Salomon, Stefan, ed. Der Status im europäischen Asylrecht. Nomos Verlagsgesellschaft mbH & Co. KG, 2020. http://dx.doi.org/10.5771/9783845298146.

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Despite the constitutionalisation of asylum law by EU law over the last two decades, proceedings based on national norms often still occur before asylum authorities and the courts of EU Member States. This book examines the divergences in and tensions between the constitutionalisation of asylum law by EU law on the one hand and how national asylum laws operate on the other. The national context in this book is primarily Austria’s asylum law. As asylum encapsulates various status categories that determine the rights and duties of a person in most areas of life, this book analyses asylum law fro
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Alex G Oude, Elferink. 31 The Indian Ocean and the Law of the Sea: A Work in Progress. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715481.003.0031.

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This chapter assesses the implementation of the law of the sea in the Indian Ocean. It begins by providing a definition and general description of the Indian Ocean. It then discusses maritime zones and boundaries and regional and subregional cooperation. The practice of Indian Ocean coastal States generally shows a large measure of consistency with the UN Nations Convention on the Law of the Sea (LOSC) as regards the extent of maritime zones. A considerable divergence from the LOSC exists in the case of straight baselines, whereas in the case of archipelagic baselines there is conformity to th
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Bonelli, Matteo, Mariolina Eliantonio, and Giulia Gentile, eds. Article 47 of the EU Charter and Effective Judicial Protection, Volume 2. Hart Publishing, 2023. http://dx.doi.org/10.5040/9781509948024.

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This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU’s judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used this principle to shape EU and national procedural rules; more recently, the principle has acquired a central role in the EU constitutional structure. In this second volume, an expert team explores how national courts have applied Article 47 and the
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Weatherall, Kimberlee. The Emergence and Development of Intellectual Property Law in Australia and New Zealand. Edited by Rochelle Dreyfuss and Justine Pila. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780198758457.013.17.

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This chapter provides both an overview of the history of intellectual property (IP) laws in Australia and New Zealand, and pathways into existing and emerging scholarship in this area. It discusses convergence and divergence in copyright, patent and trademark legislation and case law between Britain and these two former colonies, from early colonial experimentation to the long period of closely mirroring UK reforms. In the late twentieth century, both countries developed more distinctive IP laws, and diverged on a range of fundamental questions. In the twenty-first century, trade policy—trans-
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Heffermehl, Fredrik S. The Nobel Peace Prize. ABC-CLIO, LLC, 2010. http://dx.doi.org/10.5040/9798400691850.

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In this groundbreaking and controversial critique of the selections of Nobel Peace Prize winners, an eminent Norwegian lawyer and peace activist calls for its return to legal and moral compliance with the will of Alfred Nobel who wished to support disarmament to prevent war. The Nobel Peace Prize is the world's most coveted award, galvanizing the world's attention for 110 years. In recent decades, it has also become the world's most reviled award, as heads of militarized states and out-and-out warmongers and terrorists have been showered with peace prizes. Delving into previously unpublished p
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Bailey, Mark. After the Black Death. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198857884.001.0001.

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The Black Death of 1348–9 is the most catastrophic event in recorded history, and this study—the Ford Lectures of 2019 at Oxford University—offers a major re-evaluation of its immediate impact and longer-term consequences in England. It draws upon recent inter-disciplinary research into climate and disease; renewed interest among econometricians in the origins of the Little Divergence, whereby economic performance in parts of north-western Europe began to move decisively ahead of the rest of the continent on the pathway to modernity; a close re-reading of case studies of fourteenth-century Eng
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Book chapters on the topic "Divergences in case-law"

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Heiderhoff, Bettina, and Stefan Arnold. "Children in Migration and International Family Law: An Introduction." In Children in Migration and International Family Law. Springer Nature Switzerland, 2024. https://doi.org/10.1007/978-3-031-71598-3_1.

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AbstractThis introductory chapter gives an overview over the aims and topics of the book. The key contents of the contributions to the book are briefly presented.The authors begin by describing the complexity of the interface between migration law and family law and then highlight some crucial, overarching issues. In particular, they show that the best interests of the child are interpreted differently by different actors. The divergence of approaches in migration and family law is striking.Also, some central case law of the CJEU and ECtHR for the topics covered by FAMIMOVE is discussed. The a
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Bell, Mark. "Equality and Discrimination." In Catholic Social Teaching and Labour Law. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780198873754.003.0008.

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Abstract This chapter examines Catholic Social Teaching (CST) on equality and discrimination in the workplace. CST holds that all human persons are equal in dignity. In principle, it rejects unjust discrimination, including where this takes place in the workplace. It has, though, been reticent about its support for anti-discrimination law. The chapter explores the sensitive relationship between CST and anti-discrimination by taking EU law as a case study. It probes three issues to understand better where divergence may arise between CST and secular law on discrimination. These are: (i) gender
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Lucantoni, Paola. "Italy." In Prospectus Liability Rules in Europe and Beyond. Oxford University Press, 2025. https://doi.org/10.1093/law/9780198928348.003.0005.

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Abstract This chapter examines prospectus liability in Italy. The scope of Italian prospectus regulation and liability extends beyond the framework of the EU Prospectus Regulation. Prospectus liability in Italy is governed by a specific statutory framework set out in Art 94(5) to (9) of the Consolidated Law on Finance, as recently amended by Art 9 of Law No 21 of 2024, which excludes the prospectus liability of the placing intermediary. The statutory rules and their practical application through case law result in distinct features of prospectus liability under Italian law. The wording of the
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Montini, Michel. "Recognition of Foreign Decisions Concerning Civil Status of LGBTI Persons and Private International Law." In The Oxford Handbook of LGBTI Law. Oxford University Press, 2024. http://dx.doi.org/10.1093/oxfordhb/9780198847793.013.23.

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Abstract This contribution focuses on the rights of LGBTI people and their family in relation to civil status issues and the international recognition of related changes in view of the divergences (applicable law, order public, etc.) between various legal systems. Topics covered include gender identity, marriage, civil unions, and various forms of registered partnership, as well as parent–child relationships established by law, recognition, or decision (adoption, surrogacy). The standards of various international institutions, both universal and regional (UN, Council of Europe, etc.) and speci
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Thym, Daniel. "Court of Justice: Achievements and Limitations." In European Migration Law. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192894274.003.0004.

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Abstract Judgments of the Court in Luxembourg are a central object of analysis for anyone dealing with European migration law. Chapter 3 points out that they do not come out of thin air. Inspection of procedural rules unveils the black box of judicial decision-making; rules of procedure prioritise the views of some actors over the position of others. Deference to the position of the legislature is one explanation why the judicial output fluctuates between dynamic constitutional rulings and an administrative mindset of doctrinal hermeneutics. A statistical survey of the case law unearths signif
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Amal, Clooney, and Webb Philippa. "5 Right to Counsel." In The Right to a Fair Trial in International Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198808398.003.0006.

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This chapter addresses the right to counsel, an important, non-derogable right designed to prevent miscarriages of justice when a defendant faces a state that has greater resources, powers, and access to evidence. Under international human rights law, the right to counsel encompasses five main components: the right to be notified of the right to the assistance of counsel; the right to prompt access to qualified counsel, paid for by the state if the defendant is indigent; the right to choose counsel; the right to communicate confidentially with counsel; and the right to act as one’s own counsel
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Saprai, Prince. "Contract Law Beyond the State." In Contract Law Without Foundations. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198779018.003.0010.

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This chapter reflects on the increasing emergence of transnational efforts at both the global and regional level to bring about the greater convergence of national contract law regimes. The divergences between contract law regimes are seen as major obstacles to free trade, and removing these barriers is the primary motivation behind these initiatives. This chapter argues, using European Union (‘EU’) efforts to harmonize contract law in Europe as an illustration, that such efforts face a significant legitimacy burden, because on the republican view of contract law the principle of state soverei
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Wadham, John, Helen Mountfield, Raj Desai, et al. "The Convention Protocols." In Blackstone's Guide to the Human Rights Act 1998, 8th ed. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/oso/9780192885050.003.0007.

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Abstract This chapter summarizes the content of the significant Protocols of the European Convention. The chapter provides an overview of the jurisprudence of the European Court of Human RRights and the European Commission on Human Rights, including the protection of property (art 1 of the First Protocol), the right to education (art 2 of the First Protocol), and the right to free elections (art 3 of the First Protocol). Where the Protocol has been incorporated under the Human Rights Act the approach of domestic courts is discussed alongside the European case law, and any divergences are noted
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Wadham, John, Helen Mountfield, Raj Desai, et al. "The Convention Rights: Absolute Rights." In Blackstone's Guide to the Human Rights Act 1998, 8th ed. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/oso/9780192885050.003.0005.

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Abstract This chapter summarizes the so-called absolute rights in Articles 1–4 of the European Convention on Human Rights, namely the right to life (art 2), the prohibition on torture and inhuman or degrading punishment or treatment (art 3), and the prohibition on slavery and forced labour (art 4). For each article, an overview is given of the jurisprudence of the European Court of Human Rights and any remaining important cases from the European Commission on Human Rights. The approach of the domestic courts under the Human Rights Act is discussed alongside the European case law, and any diver
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Lampreave Márquez, Patricia. "State Aid and International Taxation." In The Oxford Handbook of International Tax Law. Oxford University Press, 2023. http://dx.doi.org/10.1093/oxfordhb/9780192897688.013.38.

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Abstract Member states of the EU are free to choose the tax policy they deem most appropriate. However, their tax sovereignty should be exercised in accordance with EU law. The European Commission enacted in the late 1990s the state aid rules, due to the risk of distortion that fiscal subsidies granted by member states could cause competition between economic operators acting in the internal market. In parallel, the EU Code of Conduct was adopted to root out harmful tax regimes established in national laws which could jeopardize competition between member states. The divergences and convergenc
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Conference papers on the topic "Divergences in case-law"

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Grosu, Corina, and Marta Grosu. "ENVIRONMENTAL MODELING THROUGH MATH GAME." In eLSE 2017. Carol I National Defence University Publishing House, 2017. http://dx.doi.org/10.12753/2066-026x-17-045.

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Forming adequate habits in the process of teaching the fundamental sciences may improve the sustainable contribution to a responsible environmental politic. Our present paper is focusing on such a problem in connection to the analysis of the pollution contaminating groundwater resources. Since mathematics plays a major role in the environmental modeling, the understanding and recognition of abstract notions in well specified problems- a theme present in most of our papers- can be successfully obtained by merging them in an e-learning designed game. The conceptual models on which the process of
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Abdullah, Yahya. "Judicial oversight of applications submitted to the administration is a reason for its development." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp191-212.

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"The administration performs a great task in the life of modern societies, through its intervention to satisfy public needs through the establishment and management of public utilities that aim to achieve the public interest and respond to the requirements and necessities of daily life, as well as protecting public order, and regulating the relationship between them and individuals with constitutional and legal texts, as well as The organizational rules that lay down the general framework for public liberties and individual rights, all to prevent them from practicing any activity outside the f
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