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1
Eltayeb, E. A. "Aspects of banking law : Sudanese and English law compared." Thesis, University of Exeter, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.374707.
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Owodunni, Adeola Abimbola. "Bank lending on the security of land : a comparative study of English and Nigerian law." Thesis, University of Reading, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.280298.
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Ababneh, M. M. A. "Underwriting cargo risks under the institute cargo clauses 1982 against the backdrop of English and Jordanian marine insurance law and practice." Thesis, University of East Anglia, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.267995.
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In January 1982 marine cargo insurance was the subject of a very radical change on the London marine insurance market. The changes included the abandonment of the historical S. G. policy and institute clauses of 1963. The market introduced the new MAR policy and a new set of standard cargo clauses, designated A, B, and C. The new Institute Cargo Clauses were designed for use on an international basis and have been adopted in many foreign maritime insurance markets. Subsequent to their introduction they have attracted much attention and debate. The main aim of this research is to thoroughly examine, explain and evaluate all the provisions of the Institute Cargo Clauses, and to assess their success and points of weakness. As the clauses constitute the terms of the relevant contract of marine insurance they must be considered in the context of the Marine Insurance Act of 1906, and also the applicable law cases. The clauses have been investigated on the presumption that English law and practice applies. This thesis also includes a comparison with Jordanian law, with an ancillary section concerned with the placing of marine cargo cover in the Jordanian market where the Institute Cargo Clauses have been adopted, and with the relevant marine insurance provisions in the Jordan Maritime Commercial Law of 1972 also examined. The thesis comprises 11 chapters: except for the first three chapters all follow the structure of the clauses. In summary, the first chapter describes the basic features of the London market and defines its role as the overseer of insurance conditions. This is coupled with an overview of developments in the practical stages of placing cargo cover. The second chapter deals with features of the Jordanian insurance market and reviews the statutes governing its activities, including cargo cover, and the system adopted in placing insurance cover. The third chapter is a linking chapter which gives a brief account of the old system of marine cargo cover and discusses the reasons behind the radical changes in the London market in 1982. Chapter Four deals with the risks covered in the A, B, and C clauses respectively, particular attention being given to all risks cover as it is the most common form used in cargo insurance. Chapter Five analyses the exclusions in the Institute Cargo Clauses with special reference to the General Exclusions Clauses (cl . 4) and the War Exclusion Clause(cl 6) as these provide the most common intersection between `perils insured' and `perils excluded'. Chapter Six discusses the `Duration Clauses', with special consideration being given to the Transit Clause. `Deviation' and `Change of Voyage' are discussed and compared with the relevant statutory provisions in the M. I. A 1906. Chapter Seven deals with claims. Consideration, in particular, is given to the Insurable Interest and Constructive Total Loss clauses. Chapter Eight is devoted to evaluating the effect of inserting the `Benefit of Insurance' Clause in a carriage of goods by sea contract and the impact of the `Not to inure' Clause in marine cargo cover. Chapter Nine examines, in considerable depth, the minimising losses clauses, by discussing the impact of the `Duty of the Assured' Clause and the contradiction between the statutory sue and labour clause in section 78 and section 55 of the M. I. A of 1906. Chapter Ten is concerned with the ambit and the function of the Reasonable Dispatch clause. The last chapter is the conclusion. It is hoped that this work will contribute, with other works in the relevant field, towards a better understanding of underwriting marine cargo cover both in_ the London and the Jordanian markets, and that it may also prove of use and interest to Middle Eastern insurance practitioners and academics.
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Choe, Wongi. "Political institutions and politics of financial patronage after liberalization : Argentina, Korea, and Thailand in the 1990s /." Thesis, Connect to this title online; UW restricted, 2005. http://hdl.handle.net/1773/10712.
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Ferguson, Kelly Kathleen. "The Law of Meat." The University of Montana, 2008. http://etd.lib.umt.edu/theses/available/etd-05142008-143653/.
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Wang, Wei. "National treatment and China's post-WTO banking law." Thesis, Queen Mary, University of London, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.522590.
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Musa, Abdul Samat. "Freedom of expression in English law." Thesis, University of Manchester, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.237410.
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Hardiman-McCartney, Anna Marie. "Substantive review in English administrative law." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.608767.
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Spierings, Charlotte. "Unilateral conduct in English private law." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:72c0ec9c-f2fa-47cf-a3c6-03ce1dc3f041.
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This thesis explores the question how unilateral conduct can create, vary or discharge obligations in English private law and how unilateral conduct is regulated. First, it is explained that the reason for asking this question follows from the candidate’s background in a civil law jurisdiction, in which unilateral juridical acts are regarded a category of legally relevant behaviour. After observing the obstacles in English law to the recognition of the civil law concept of unilateral juridical acts, a number of examples of unilateral conduct are identified that create legal effect. The focus of the thesis is on examples of unilateral conduct that create, vary or discharge obligations. English law allows the creation of obligations by unilateral conduct only in very specific instances. It is observed that unilateral conduct can create or transfer property rights. The different approach is explained primarily by deeply rooted distinction in English law between words and acts. Subsequently, the thesis discusses how unilateral conduct is regulated. For some issues, notably interpretation, revocability and the intention to create legal effect, similar rules apply to the different examples of unilateral conduct. For other issues, especially mistake and form requirements, the rules diverge. It is concluded that unilateral conduct forms a category of legally relevant behaviour in English law. This category is divided in unilateral conduct that creates obligations, quasi-contractual unilateral conduct that varies or discharges obligations and unilateral voluntary property transactions. Whereas quasi-contractual unilateral conduct is closely related to contracts and should thus generally be regulated in a manner similar to contracts, the unilateral voluntary property transaction is a distinct concept, to which specific rules apply.
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Elkhalifa, Abdel Rahman Ibrahim. "Development and future of English Law and Islamic Law in the Sudan." Thesis, McGill University, 1988. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=97844.
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This thesis addresses The Development and The Future of English and Islamic Law within the given historical, political, social and legal context of the Sudan. In so doing it uses a comparative methodology. Part I highlights the genesis and the development of Islamic Law in the Sudan over three centuries. Emphasis is on the legal aspect of this long history, though other relevant factors are highlighted as well. The characteristics of this era are significant in understanding later developments of both English and Islamic Law as well as their future in the Sudan. Part II focuses on the factors that were conductive to the development of English Law from 1899 to 1956. It examines how the British investment in English legal education, legal training, dissemination of English language and different aspects of the Sudanese public life created a factor of unexpressed consciousness of legal training and affinity which led to the ultimate adoption of English Law and the assimilation of the Sudan into the English legal heritage. Part III presents how the generation of the Sudanese lawyers who were reared in the colonial era enhanced the development of English Law after the independence. Their methodology of adopting and not adapting English Law is thoroughly examined. [...]Cette thèse traite du développement et de l’avenir de la loi anglaise et islamique dans le contexte historique, politique, social et légal du Soudan. Pour se faire, elle utilise une méthodologie comparative. La partie 1 souligne l’origine et le développement de la loi islamique au Soudan sur une période de trois siècles. L’emphase porte sur l’aspect légal de cette longue histoire, bien que d’autres facteurs significatifs soient également mentionnés. Les caractéristiques de cette période sont nécessaires afin de comprendre le développement ultérieur de la loi anglaise et islamique ainsi que leur avenir au Soudan. La partie il traite des facteurs qui ont mené au développement de la loi anglaise de 1899 à 1956. Elle analyse la facon dont l’investissement britanique dans l’éducation et la formation juridiques anglaises, et dans la dissémination de la langue anglaise, ainsi que les différent aspects de la vie publique soudanaise ont créé une certaine affinité dans les milieux juridiques soudanais avec la loi anglaise; ce qui a abouti à son adoption ultime et à l’assimilation du Soudan dans l’héritage juridique anglais. La partie III présente la facon dont les générations d’avocats soudanais, formés au cours de la période de colonisation, ont participé au développement de la loi anglaise après l’indépendance. Leur méthodologie dans l’adoption et l’adaptation de la loi anglaise est analysée entièrement. [...]
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Seatzu, Francesco. "Insurance in private international law : a European perspective." Thesis, University of Nottingham, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.364461.
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Sofola, Olatokunbo. "The Nigerian law of consumer credit and security." Thesis, King's College London (University of London), 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.268316.
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Aljallal, Arwa Ibrahim A. "The duty of good faith in insurance law : a study of Saudi law compared to English law." Thesis, University of Southampton, 2014. https://eprints.soton.ac.uk/370749/.
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Kammel, Armin J. "The law of international banking institutions : a comparative analysis /." Vienna : Mille Tre, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/494675012.pdf.
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Björklund, Iréne, and Lisbeth Lundström. "Islamic Banking - An Alternative System." Thesis, Kristianstad University College, Department of Business Administration, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-3145.
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Islamic banking is an investment and financing system which expands globally. The Islamic banks have only been established for some 30 years but the banking system is based on long-going traditions within Islamic finance. The system is founded on ethical values and emphasises the well-being of society as a whole.
Islamic banking is different from conventional banking in most aspects, since its close tie to religion is very important. The system is not based on interest, as it is prohibited in Islam. Instead Islamic banks offer various kinds of accounts and a range of financing alternatives all complying with the Islamic Law – Shari’a. To work according to Shari’a is crucial for the banks and their activities are controlled by a special Religious Supervisory Board working within the bank.
The implementation of the Islamic banking system varies to some extent between Islamic countries. It has been influenced by its connections to politics of and the history in the countries where the system operates. As a result to the variations between the states’ implementation, the need for harmonisation increases as the expansion of Islamic banks continues. Several organisations work to achieve international standardisation and harmony to make the banking activities more transparent and attractive. The achievement of harmonisation as well as the performance of the banks is crucial for the future of Islamic banking.
The dissertation is based on extensive literature review and a personal interview with a professional within an Islamic bank in Lebanon.
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Eriksson, M., and C. Schuster. "Customer loyalty in Internet banking." Thesis, Kristianstad University College, School of Health and Society, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-4808.
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In the recent years the way to do banking has changed. Internet banking has grown and a lot of niche banks working mainly with the Internet as a medium has entered the Swedish bank market. How to keep the customer loyal online in a very competitive environment has become a main question for the banks.
The aim of this dissertation is to test what factors impact bank customer loyalty in an online environment. A positivistic research philosophy, a deductive research approach, an explanatory purpose and a quantitative research method are adopted for the research.
It was found that customer satisfaction, corporate image and brand reputation and generation are factors that impact bank customer loyalty online. Switching costs, perceived service value and commitment show tendencies to impact bank customer loyalty online.
Since little research has been done on the topic bank customer loyalty, this dissertation may be of interest for researchers on customer loyalty and also for research on online loyalty for service companies. Moreover, the findings can be used as guidance for banks that want to develop their online banking and want to make sure they do everything possible to have loyal customers.
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Sims, Vanessa Karin. "Good faith in contract law : a comparative analysis of English and German law." Thesis, University of Cambridge, 2003. https://www.repository.cam.ac.uk/handle/1810/265456.
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The concept of good faith has an important role to play in English contract law, where the elements necessary for its recognition already exist. Nevertheless, the issue has divided the contract community. Although there is strong support for the recognition of such a concept, it is more often rejected on the basis that it would be, at best, unnecessary and, at worst, a serious disruption of contract law. These arguments are correct to the extent that it would indeed be difficult, if not impossible, to transplant an existing continental version of good faith into English law. They fail, however, to consider the possibility of good faith developing organically within the common law, as an overarching principle integral to general law of contract that governs the performance of agreements. In preparation for the argument that the elements necessary for the recognition of a concept of good faith already exist in English law, the use of the term 'good faith' in contracts uberrimae .fidei and the Unfair Terms in Consumer Contracts Regulations 1999 is contrasted with, respectively related to, the present debate. The analysis then focuses on the implied term of mutual trust and confidence in employment law, which is identified as a functional equivalent to the German concept of Treu und Glauben. The subsequent extension of this comparison to terms commonly implied into commercial contracts culminates in the identification of the key elements of good faith. At one level, it ensures that contracts are performed as they were intended to be, by ensuring that the parties do not abuse contractual rights for an extraneous purpose; at another, it provides an instrument for the enforcement of policy considerations within the contractual framework. The central concern is always the balancing of interests - those of the parties, those of the community within which the parties are operating, and those of society as a whole. The elements thereby identified are more than capable of refinement into a coherent theory; this thesis commences the process of conceptual analysis and thereby takes the first step towards the recognition of a truly English concept of good faith.
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Habibzadeh, Taher. "Developing and modernizing Iranian law in the context of electronic contracts by a comparative study of UNCITRAL rules, English law, American law, EU law and Iranian law." Thesis, University of Manchester, 2014. https://www.research.manchester.ac.uk/portal/en/theses/developing-and-modernizing-iranian-law-in-the-context-of-electronic-contractsbya-comparative-study-of-uncitral-rules-english-law-american-law-eu-law-and-iranian-law(004e86e1-83a6-42f0-9e6b-d3f6270696ad).html.
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In the modern world, electronic communications play a significant role in national and international electronic transactions. This issue has forced all legal systems to face up to many emerging legal problems in the context of electronic communications, such as the time and the place of formation of electronic contracts, the validation of e-contracts made by the interaction with e-agents, the legal validity of electronic documents and signatures, consumer protection in contracting electronically in particular in cross-border e-transactions, and the Internet jurisdiction and choice of law. One issue to determine is the place of formation of contracts when contracting electronically, either through email, websites or chat-rooms to see how the notion of 'place' is perceivable in cyberspace; and the way of application of the four traditional theories of information, dispatch, receipt and awareness relating to the time and place of conclusion of contracts in contracting by electronic means should be examined. Regarding the legal validity of e-contracts made through interactive websites, the legal status of electronic agents which play an important role in this process is questionable to see whether they are akin to real agents in the physical world or they are only a mere tool of communication. The responsible person for any mistakes that an electronic agent makes and causes losses or damages to the contracting parties should also be examined. There are also questions regarding meeting the formalities in the formation of some specific contracts in contracting electronically to see whether the electronic documents and signatures legally valid and admissible at the courts of law or not. Their legal weight should also be measured. Moving on the jurisdiction and choice of law issue, some argumentative questions raise. For instance, where the rule of private international law provides that the competent court is the court within which jurisdiction the contract is performed, it is necessary to see that where the place of performance of the contract in which the subject matter is digital goods such as e-books or computer software delivered online is. This is also an important question in providing electronic services such as e-teaching. Regarding the choice of law issue the same questions of jurisdiction are posed. Furthermore, as consumer protection issue in B2C contracts is important in developing electronic commerce worldwide, it should be considered that whether the consumer party is able to bring an action against the business party in his own place of domicile or habitual residence or not. These are only a sample of questions that the current research tries to analyse based on the traditional legal rules and principles and the statues on electronic commerce. Discussing the above legal doubts in the context of Iranian law shows that there are a number of legal uncertainties in the Iranian legal system hindering, or at least putting in doubt, the development of electronic commerce in both national and cross-border electronic transactions. Despite the fact that some of them have been addressed by the Iranian Electronic Commerce Act 2004 indirectly, however a detailed legal work is still definitely needed to elaborate the questions and provide solutions developing and modernizing Iranian law in the context of electronic contracts. The author in the current research tries to analyse the questions by a horizontal comparative study of the UNCITRAL Model Laws, the Convention on the Use of Electronic Communications in International Contracts 2005, the EU law, English law, American law and Iranian law. Also, a four-stage roadmap that acts as the guiding principle of this research is employed to develop the Iranian legal system in the context of e-commerce. The first stage focuses on whether the exact application of Iranian traditional law can address the emerging legal doubts; the second stage expands and develops traditional rules; the third introduces legal presumptions; and the fourth theorizes new rules. The research concludes that the Iranian legal system may be modernized and developed in the context of electronic contracts by adopting the legal policy and solutions of other legal systems by both scholarly legal doctrines and legislation.
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Nash, Patrick Stuart. "How should English law relate to Islam?" Thesis, University of Bristol, 2016. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.707719.
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Bashayreh, Mohammad H. S. "The separability doctrine in English arbitration law." Thesis, University of Oxford, 2002. https://ora.ox.ac.uk/objects/uuid:f72b2181-6951-4400-b1cc-675a67a97f37.
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The purpose of this thesis is to determine the scope and consequences of the separability doctrine in English law. It reveals a tension which hitherto has not been explored or understood between the desire to widen the separability doctrine so as to promote commercial arbitration and the need for that doctrine to rest on sound principle and policy. The thesis seeks to convince the reader that: (i) English arbitration law is, and should continue to be, based on a contractual theory of arbitration; (ii) the separability doctrine, as applied in England, is consistent with a contractual theory of arbitration; (iii) the best way for the English doctrine of separability to develop, for reasons of policy and principle, is to recognise two main exceptions to separability, these being for non-existent and for illegal contracts; and (iv) the competence-competence principle can, and should, be utilised in order to mitigate some possible drawbacks of the above-mentioned exceptions to the separability doctrine. In developing the above arguments the thesis tackles issues of great importance that have tended to be overlooked, in particular the relationship between the separability doctrine and general theories of arbitration and the relationship between the separability doctrine and the competence-competence principle.
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Olanipekun, Oladapo Olumide. "Banking regulation and deposit insurance : legal and comparative perspective." Thesis, Queen Mary, University of London, 2008. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1581.
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A major point of debate in most financial systems is the relevance, form and scope of regulatory intervention, particularly on the trade-off between the benefits and costs of regulation. Deposit insurance is a prominent part of most modern regulatory financial safety nets. As with banking regulation in general, it is still debatable whether deposit insurance is necessary in all cases. While most deposit insurance schemes have the joint aims of financial stability and depositor protection, there are inherent difficulties posed by the introduction of such schemes, in particular the moral hazard and agency problems. For the purpose of this thesis, these difficulties have been generally termed as the deposit insurance problem. A number of issues arise for consideration if deposit insurance is to be provided. The thesis argues that the optimal design of deposit insurance schemes is dependent on three factors: an effective system of bank supervision and regulation; identification and prioritisation of the policy objectives which the scheme is to achieve; and adoption of incentive-compatible systems in line with sound practice guides but tailored to country-specific circumstances. There is generally no fixed or absolute model for all states. The thesis involves an assessment of deposit insurance schemes in the United Kingdom, the United States and Nigeria. An assessment of these schemes, as well as international and regional developments, will show that cross-country differences should play an important factor in the adoption or reform of deposit insurance schemes, but that there arc common concerns for policymakers whatever the distinctiveness of local circumstances. The challenge for policymakers is how to achieve a fair balance between the protection of depositors and banking system stability on the one hand and minimizing elements of the deposit insurance problem on the other hand. The aim is to recommend a future course of reform that includes a general support model and specific recommendations for the jurisdictions that are examined
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Du, Plessis J. R. "The law of culpable homicide in South Africa : with reference to the law of manslaughter in English law and the law related to negligent killing in German law." Thesis, Rhodes University, 1987. http://hdl.handle.net/10962/d1003185.
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Culpable homicide is the unlawful negligent killing of a fellow human being. As such it is in many respects a 'residual' crime being the verdict prosecutors may expect when they are unable to prove the intention to kill when prosecuting for murder. A feature of this was that in the past when defences such as, for instance, intoxication or provocation were raised at murder trials, convictions of culpable homicide were almost automatic. In recent years, under the influence of the 'purist' current in our Criminal law, intoxication has become a defence to culpable homicide and provocation resulting in loss of self-control has also become a defence to culpable homicide. These developments are unacceptable to some writers on criminal law and a move away from the purist approach to the 'traditional' or pragmatic approach is to be expected. Greater emphasis will be placed on practical results than on the achievement of logical consistency. This could result in the law of culpable homicide becoming more socially effective than it is at present.
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Youngs, Raymond. "A comparative law assessment of the contribution which German human rights law can make to English human rights law." Thesis, Kingston University, 2013. http://eprints.kingston.ac.uk/27783/.
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Chan, Ricky Chi Wai. "Use of different techniques to resolve disputes between banks and their customers in Hong Kong." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833234a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2005."Dissertation in part fulfillment of Master of art in arbitration and dispute resolution" Title from title screen (viewed on Mar. 27, 2006) Includes bibliographical references.
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Connolly, Michael. "Easy cases making bad law : the English judiciary, discrimination law, and the statutory interpretation." Thesis, University College London (University of London), 2018. http://discovery.ucl.ac.uk/10044510/.
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The definitions of discrimination provided by equality legislation are a measure of how far a society is willing to challenge deep-seated assumptions, attitudes, and patterns of inequality. The judiciary has a major role in shaping these definitions. This is evident from the antecedent American cases and those of the Court of Justice of the European Union, which worked with more aspirational than detailed legislative provisions. One might conclude that the legislation coming before the English courts was thus ‘ready-made’, presenting the judiciary with few interpretive difficulties. But on many occasions this has proved not to be the case, with the senior English courts producing a number of highly contentious decisions. Commentators, heavily critical of many of these cases, tend to analyse them by reference to external understandings of concept, theory, or policy. This work offers a unique internal critique of the process producing the cases subject to such academic scrutiny. It makes a textual analysis of leading English judgments on the definitions of discrimination, and does so through the lens of statutory interpretation - the judge’s primary function. The scrutiny finds that these judgments are technically flawed in terms of the process of statutory interpretation and the definitions produced; it also finds them to be overcomplicated, excessively long, and often unduly restrictive. As such, the thesis is that these cases were better, and more easily, resolvable using conventional methods of interpretation, which would also shape the definitions better to reflect the policies underlying the legislation. Although highlighting inexpert reasoning, the textual scrutiny reveals other threads, particularly notable in the narrow interpretations. There is an adherence to the common law’s notion of binary litigation, envisaging just two individual litigants (e.g. a worker and employer) necessitating a harmed individual and fault-based liability; this is at odds with the societal and group-based purpose of the legislation. One can also detect a lingering historical negative or indifferent attitude to matters of equality, often realised nowadays with an assortment of personal predilections. Consequently, suggestions for reform are based around these findings.
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Ameen, Al-Temimi Raad Hashim. "Companies' directors in Iraqi law and their divided loyalty : lessons drawn from English law." Thesis, Bangor University, 2015. https://research.bangor.ac.uk/portal/en/theses/companies-directors-in-iraqi-law-and-their-divided-loyalty-lessons-drawn-from-english-law(517457f8-2e42-49cc-bdef-829d73f38ba9).html.
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The focus of this thesis is on the problematic aspects of directors’ loyalty to their companies under Iraqi law. This issue belongs to one of the most complex areas of company law, because it relates to the fallibility of human nature and a director’s temptation to put his personal interests ahead of the company's interests. A comparison with English law is undertaken, with an emphasis on recent developments, particularly the English Companies Act of 2006. This comparison is aimed at identifying defects in Iraqi law and providing solutions to problems arising from the incoherence of Iraqi legislation and its lack of a fiduciary doctrine. In order to achieve this goal, this thesis focuses on certain managerial duties: the duty to act in the company’s interests; the duty to avoid conflicts of interest; and the director’s duty to declare his interest in transactions, as well as the enforcement of these duties. The author of this thesis argues that in Iraqi law there are several legislative loopholes and contradictions with regard to addressing the problems of a director’s divided loyalty. The main shortcoming is ascribed to the absence of a unifying conceptual underpinning of managerial duty within Iraqi legislation. This contrasts with the situation in English law, in which the fiduciary doctrine underpinning managerial duty operates to protect the company (as a vulnerable person) from certain aspects of a director’s self-interest and dishonesty by imposing strict duties relating to any eventuality in which the director might be swayed by personal interests rather than his duty. The plurality of legislation dealing with managerial duties is a further challenge facing Iraqi law, and such a situation often leads to a conflict between the rules governing this area. The above shortcomings in Iraqi law inevitably affect its unity and its coherence, and limit its capability to address certain fundamental aspects of director’s misbehaviour. This thesis demonstrates that addressing the problems of the divided loyalties of directors under Iraqi law should take the form of a comprehensive systematic overhaul of Iraqi Company Law. This reform should take into account the necessity of transplanting certain aspects of U.K. fiduciary duties into Iraqi law, particularly the concept of fiduciary duty, in order to provide a clear guide, not only to the courts when they apply and interpret the law, but also to the director himself and other practitioners.
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Obeidat, Yusuf Mohammed Gassim. "The 'penalty' clause in English law : a critical analysis and comparison with Jordanian law." Thesis, University of Leeds, 2004. http://etheses.whiterose.ac.uk/11265/.
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This thesis discusses the penalty rule in English law. Pre-arranged provisions concerning the estimation of due damages in event of the promisor' breach are of considerable practical importance. When such provisions are enforceable they are called liquidated damages clauses. However, English law courts will not enforce these provisions where they are categorised as penalty clauses. A penalty clause is a contractual provision which provides that in the event of a breach of contract the de,faulting party shall pay to his contractual partner a sum which is unconscionable and extravagant in relation to the loss that is likely to result from breach. Despite the fact that the non-enforcement of penalties seemed to be well recognised at least by the seventeenth century the penalty rule remains elusive and controversial. This thesis tentatively suggests a New Approach which in some circumstances would involve a different solution than the application of existing law. The thesis also builds upon a comparison with Jordanian law. This thesis has been divided into SIX chapters.' The first chapter examines the historical development of penalty clauses and also introduces the New Approach. The second chapter critically examines the existing test, i.e. the sum being extravagant and unconscionable, for the invalidity of penalty clause. Chapter three considers the principle that the penalty rule is only applicable on breach and the loss to be estimated for application of this rule. The general principle under English law, which gives a court no power but to declare the invalidity of a penalty is dealt with in chapter four. The circumstance where the injured party's actual loss exceeds the stipulated sum is the object of examination in chapter five. Chapter six discusses whether the penalty rule should be applied to a provision that requires a forfeiture of money already paid taking into consideration that the only difference between a forfeiture clause and a stipulated damages clause is that under a forfeiture clause the sum is paid before breach. In the last part of this thesis a summary of the thesis including suggestions for the improvement of the current law are put forward.
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Baamir, Abdulrahman. "Saudi law and judicial practice in commercial and banking arbitration." Thesis, Brunel University, 2009. http://bura.brunel.ac.uk/handle/2438/6599.
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This thesis examines various issues of arbitration law and practice in relation to the Islamic Shari’a law and the law of Saudi Arabia in general, and for arbitration in conventional banking disputes in particular. The thesis found that the Shari’a regulates arbitration tightly compared to other contemporary developments as no fundamental differences were found to exist between the classical Shari’a arbitration rules and the Saudi arbitration regulations, which represent the codification of the Hanbali law of arbitration. Unlike other arbitration laws, almost all kinds of disputes can be settled by arbitration in Saudi Arabia, and these include family and some criminal disputes such as murder and personal injuries. Moreover, this thesis demonstrates the difference between Islamic law and Saudi law. The latter is more comprehensive as it includes Islamic law and the borrowed Codes and Acts of the laws of other nations. The legal status of banking interest under the Saudi law is not clearly defined and it is not clear whether riba contradicts with the public policy of Saudi Arabia or not. This uncertainty has an impact on arbitration related to banking disputes and has led me to conclude that arbitration is not the best method for settling disputes involving domestic conventional banking business. Although resorting to the Committee for the Settlement of Banking Disputes of SAMA might provide a better solution, the decisions of the Committee are not “strong” enough to be fully enforced and the payment of interest continues to be an avoidable obligation in Saudi Arabia; therefore, the thesis examined the alternative remedies for both domestic and international banking arbitration. The thesis also found that if the enforcement of an international arbitration award is sought in Saudi Arabia, the award will be subject to the mandatory application of Shari’a law, which in addition to the imposition of interest, prohibits also certain kinds of commercial contracts.
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Lee, Byung-Mun. "A comparative study on the seller's liability for non-conforming goods under SISG, English law, European law, and Korean law." Online version, 2001. http://ethos.bl.uk/OrderDetails.do?did=1&uin=uk.bl.ethos.392940.
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Lee, Byung-Mun. "A comparative study on the seller's liability for non-conforming goods under CISG, English law, European law and Korean law." Thesis, University of Warwick, 2001. http://wrap.warwick.ac.uk/3088/.
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This thesis is a comparative and analytical study which comprises of an analysis of the rules of the seller's liability for non-conforming goods of four legal systems; Korean law, English law, the U.N. Convention on Contracts for the International Sale of Goods (1980) and the E.C. Directive on Certain Aspects of the Sale of Consumer Goods and Associated Guarantees. The purpose of this study is to ask whether there is any need to introduce a unified liability system into Korean law and how to achieve the system under the existing law in order to overcome all the complexities caused by the separate existence of the general liability for non-performance and the seller's guarantee liability. A further purpose is to investigate how effectively the rules of the seller's liability for non-conforming goods protect the reasonable expectations of the parties; in particular, the interests of consumers and private sellers which are distinguished from those of commercial buyers and business sellers, respectively, and where the issue is not directly related to the particular interests of consumers or private sellers, the common interests of all the parties. The study is conducted by an internal evaluation within the boundaries of law in a legal context and an external evaluation in light of 'efficiency' as used by economists. It shows, first, that Korean law needs a unified liability system which is based on a contract to resolve the problems originating in the distinction between the general liability as a contractual liability and the seller's guarantee liability as a legal liability. Second, achieving a genuine unified liability system require one's interpretation that rescission and damages in the seller's guarantee liability should be as they are in the general liability. This would settle other problems inherent in the casuistic distinction between the general liability as a fault liability and the seller's guarantee liability as no-fault liability and its consequences in interpreting damages under the seller's guarantee liability. Finally, in what aspects of the seller's liability for non-conforming goods each jurisdiction fails to reflect the interests of consumers and private sellers, and the common interests of all the parties.
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Alhesain, Ishaq. "Dissolution of companies and partnerships : a comparative study between Saudi law and English law in the light of Islamic law." Thesis, Lancaster University, 2018. http://eprints.lancs.ac.uk/124886/.
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Companies and partnerships are the backbone of business and constitute most types of business structures. They help foster economic growth, boost employment in countries and generate tax income for governments. Therefore, the survival of companies and partnerships coupled with increases in their numbers is considered an indicator of strength and stability of a country. Conversely, dissolution of companies and partnerships is a negative indicator because countries and societies lose all these advantages thereby. The legal consequences of dissolution of a company are the termination of the company, with its legal entity coming to an end and its removal from Companies House Register. The company name is then available for usage by a new company. This thesis aims to show the importance of addressing the causes of dissolution of companies and partnerships in the law of Saudi Arabia, in Islamic Law (with which Saudi law must comply), and in English law, one of the oldest and most important legal systems in existence. This aim will be achieved through the exploration and analysis of these causes. Critique will be made of some of these causes and suggestions for law reform and alternative methods of dissolution of companies and partnerships. This takes into account two aspects. Firstly, that law reform should be comprehensive, which means that it should include all causes of dissolution of both companies and partnerships; secondly, that law reform should encourage the continuance of business wherever possible. Additionally, this thesis aims to clarify the meaning of “companies” and “partnerships” and to distinguish between them as far as possible, as the distinction is not always clear as in the case of quasi-partnerships. Moreover this thesis will demonstrate the meaning of dissolution in Saudi law and English law.
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Al-Eliwi, Ali Mohammed Khalaf. "Legal framework for protecting computer programs in the ambit of intellectual property : a comparative study between Iraqi law (civil law) and English law (common law)." Thesis, University of Newcastle upon Tyne, 2013. http://hdl.handle.net/10443/1912.
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The purpose of this thesis is to test the ability of Iraqi law to protect right holders of computer programs and the programs themselves. Comparison is made between Iraq’s Author’s Right Act 1971, as amended in 2004, and English law- especially Copyright, Designs, and Patent Act 1988, as amended. Examining the effectiveness of the rules in both laws for protecting CPs entails four main areas: the nature and legal status of computer programs, the scope of copyright protection guaranteed for computer programs by the legislation, other legal ways of protecting programs and harmonisation between European Union copyright laws and Iraqi author right law. The methodology is mainly doctrinal /comparative. Accordingly, this study has been divided into six chapters. Chapter One contains the general introduction and covers the main features for Iraq as a developing country and the study’s background; its importance, aims and goals, and methodology. Chapter Two examines the nature and legal status of computer programs. Many questions are raised in relation to their nature: are computer programs tangible or intangible things? goods, services, or something else? Should property subsist and if so which kind of property, if programs do not fit recognised kinds of private property, can they be deemed a sui generis? Finally, evaluation the ability of “property” as a way to protect the investment of CPs in Iraq. Chapter Three, test the provisions of copyright and author’s right in English law, Iraqi law and references other laws - US, French, and Egyptian. Iraqi law and the UK law deem computer programs to be a literary works, protected by author’s right/copyright. Iraqi law has started to be consistent with the WTO and TRIPs Agreement. Questions arise regarding the sufficiency of copyright/author’s right to protect computer programs. If not adequate, would other methods provide preferable protection? Chapter Four examines other techniques for protection: patents, contractual terms, trade secret law and trade marks. Chapter Five aims to make harmony between Iraqi laws, international laws and European Directives, to link Iraq with the communities which preceded it in the area of intellectual property. As well as legislation, there is scope for judicial harmonisation using s1 (3) of Iraqi Civil Code. Finally, Chapter Six presents the main results and conclusions and makes recommendations as to for improving the current legal situation.
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Salem, Shahin Mohamed Sorour. "Human rights issues in electronic investigations : a comparative study between English law and Egyptian law." Thesis, University of Essex, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.573013.
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This thesis examines the electronic investigations and its human rights implications, both under English law and in Egypt, drawing parallels and highlighting differences between the two jurisdictions. It considers whether the right balance has been achieved between the State's right to investigate crime and the protection of fundamental individuals' rights. It analyses (I) general rules of human rights and rights compromised in the electronic investigations both at national and international levels (chapter 2); (Il) the interception of communications, i.e. content and communications data (chapter 3); (Ill) the search and seizure of data (chapter 4); and (IV) the obligation to produce data and its key where it is encrypted, and the effect of non-compliance with such requirement (chapter 5). Particular attention is given to specific themes related to various procedures, such as the person authorising them, their justification, defining their scope as to the place/s, the person/s and the material, the conditions governing their execution, and the use made of acquired data. The thesis goes on to consider exceptions to the general rules relating to these procedures. Finally, it discusses the admissibility of material obtained by these procedures as evidence, the feasibility of copying electronic material rather than seizing it and the retention of data. The research finds that: (a) both the English and the Egyptian legal systems need to adopt approaches more protective of human rights than they currently do with regard to some measures; (b) English law needs to admit intercept evidence as it is very advantageous for investigation of crime; and (c) Egyptian law also needs to update its provisions for the effective electronic investigations, because having been written with tangible data in mind, the current arrangements now seem outdated.
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Balala, Hanaan. "A study of islamic law and english common law on aspects of islamic finance securitisations." Thesis, University of Oxford, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.530014.
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Critchley, Patricia. "The role of formality in English property law." Thesis, University of Oxford, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.390268.
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Lu, Lu. "The exceptions in documentary credits in English law." Thesis, University of Plymouth, 2011. http://hdl.handle.net/10026.1/864.
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The main subject of this thesis is the exceptions in documentary credits in English law. The exceptions were established during the development of the documentary credits system to solve drawbacks of the payment means caused by its distinctive feature of autonomy. A rationale of the research is the current decline of the market share of documentary credits as a recognized means of settlement in international trade. This thesis aims to explore an appropriate and efficient way to apply certain necessary exceptions in documentary credits system. And hopefully, the current high rate of the rejection of the documents by banks by relying on the strict compliance principle can be decreased by the improving of the application of exceptions in documentary credits. The research centres primary the application of the exceptions in English law. An early study of the original development of the fraud exception will cover both English and American authorities. Because there is no statute law in English law to regulate the exceptions in documentary credits, the thesis will analyse the exceptions mostly through the case law. The main exceptions analysed in the thesis are the fraud rule, the illegality exception and the nullity exception. The application pattern for the three exceptions will be worked out respectively; the specific application of the injunction rules in applying the fraud rule will be concluded during the analysis of the fraud rule; some common features in the application among the exceptions will also be summarized in the thesis. An effort is made to suggest a prospective development of exceptions, which is in consistent with the autonomy principle. And as the necessary exceptions are applied efficiently, the disputes existing in documentary credits system currently may be settled without the appliance of any explanatory rules.
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Sinopoli, Anthony F. "Cyberwar and International Law: An English School Perspective." Scholar Commons, 2012. http://scholarcommons.usf.edu/etd/4404.
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Cyberwar challenges future endeavors of state security. As technological capability has improved, and access to information has become more widespread the importance of the issue in today's ever-globalizing world grows each day. A primary objective is to evaluate the place of cyber-warfare against nation-states and any repercussions under an international law paradigm. Utilizing an English School perspective, emphasis will be applied to the argument that disruptive circumstances could come to fruition if international conventions are not created to bring consensus and order among nation-states on this subject. This study hypothesizes that a future application could be an agreement under international law, beyond current regional cooperative initiatives. Since cyber-related attack is a relatively new development, the issue lacks adequate historical context. In addition, since state behavior is a major contributor to the interpretation of international law, the matter is in need of a clear delineation of the norms that define the phenomena and what acceptable responses might entail. Case study analysis will highlight recent examples of state behavior and cyber-related attacks and sabotages.
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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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Krebs, Beatrice. "Joint criminal enterprise in English and German law." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:34e2c466-33c0-45ea-8790-338c4f4c893d.
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This thesis explores the English doctrine of joint criminal enterprise by way of a comparative study. Joint enterprise allows for the conviction of an accomplice (S) of an offence (crime B) committed by his associate-in-crime (P) on the basis of S's foresight of its commission by P as a possible incident to their joint criminal venture (crime A). While it is generally accepted that this common law principle needs reforming, successive governments have declined to take on the task. Against this backdrop, this thesis explores whether the contentious features of joint enterprise liability might be reformed by way of common law development. To this end, the thesis examines the doctrine's constituent elements, its function, underlying rationale and place within the structure of primary and secondary liability. Particular emphasis is put on the specific problems associated with the application of joint enterprise liability in the context of murder. Looking at the functional equivalents of joint enterprise in German law, the thesis challenges the orthodox view that joint enterprise is a head of liability available to the prosecution alongside co-perpetration and aiding and abetting. Indeed, it argues that an inculpatory function of the principle is difficult to justify and suggests that, both historically and as a matter of principle, it is better seen as an exculpatory device aimed at delineating the scope of co-perpetration and aiding and abetting. The thesis concludes that the current law does not serve this function very well, as its mens rea threshold (some form of recklessness, when proof of intention is needed to convict the principal offender) sets the hurdle for conviction of secondary parties indefensibly low. Informed by ideas taken from German law - especially an extended concept of intention known as dolus eventualis - the thesis's principal contention is that English law would do better defining joint enterprise liability in terms of foresight plus endorsement. Indeed, the thesis aims to show that English law was very close to such a conception, and that the common law took a wrong turn in Powell. It concludes that it is still open to the Supreme Court to adopt an endorsement-focussed approach to joint enterprise liability, thereby alleviating concerns that the law in this area is too harsh and over-inclusive, and bringing it closer to the threshold of liability for principal offenders which requires proof of intention. Such an approach would also make the law of complicity more principled and coherent.
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Sin, Kam Fan. "Banker and customer : incidents of their relationship in a changing financial world /." Click to view the E-thesis via HKUTO, 1989. http://sunzi.lib.hku.hk/hkuto/record/B38906831.
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Zaleskienė, Jolita. "Bankų teisės šaltiniai." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20061220_144643-94659.
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Šis darbas analizuoja Lietuvos bankų teisės šaltinius, atskirai išskiria ir aptaria kiekvieno iš jų svarbą Lietuvos bankų teisės reglamentavimui. Trumpai apžvelgiama bankų teisės samprata, bankų teisės sistema, teisės šaltinio sąvoka. Atskirai aptariama bankų teisės normų sisteminimo reikšmė. Darbe nagrinėjami Lietuvos bankų teisės kaip atskiros teisės šakos bei bankų teisės aktų, reglamentuojančių bankų teisinius santykius, ypatumai. Analizuojant bendrus teisės šaltinius atitinkamai parodoma jų vieta bankų teisės šaltinių sistemoje, nes teisingas bankų teisės šaltinių įvertinimas, jų vietos nustatymas teisės šaltinių hierarchijoje leidžia teisingai pritaikyti bankų teisės normas praktikoje. Darbe nagrinėjami ne tik banko teisės šaltiniai, teisinio reglamentavimo problematika, tačiau atskleidžiama ir pačio bankų teisės instituto, teisės šaltinio specifika, trumpai aptariama bankų teisės samprata, jos formavimosi prielaidos. Siekiant plačiau atskleisti bankų teisės sistemų įvairovę, trumpai apžvelgiama užsienio valstybių bankų teisė, jos reglamentavimas bei sisteminimo problemos ir tendencijos.Peculiarities of banking law of the Republic of Lithuania as a separate branch of law as well as peculiarities of banking law acts regulating legal relations of banks are analyzed in the paper. By analyzing general sources of branches of law, their position in the system of banking law sources is indicated, for righteous assessment of sources of banking law, institution of their position in hierarchical system of law sources enables to put into practise the rules of banking law. Not only sources of banking law and topics of legal regulation are analyzed but also institution of banking law itself and particularity of a law source is inducted, as well as conception of banking law and premises of its formation are briefly discussed in the paper. In order to induct variety of systems of banking law more widely, banking law of foreign countries, its regulation as well as problems and tendencies of systematization are briefly reviewed. While reviewing the system of banking law sources, every banking law source is separately analyzed in the paper as a separate banking law act: the Constitution of the Republic of Lithuania, ratified international treaties, laws, post-law legal acts and additional – facultative – banking law sources – doctrine, customs, principles, and court practice. Their arrangement in hierarchical system of law sources is discussed by determining position and significance of each of them in the system of law sources. Changes of law sources in the context of... [to full text]
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Roy, Friedemann. "Niederlassungsrecht und Kapitalverkehrsfreiheit in Polen, Tschechien und Ungarn die Auswirkungen der Europa-Abkommen auf die Tätigkeit der Kreditinstitute /." Wiesbaden : Deutscher Universitäts-Verlag, 2002. http://catalog.hathitrust.org/api/volumes/oclc/53057487.html.
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Babis, Stavroula-Valia. "Regulation and supervision of cross-border banking groups : the legal perspective." Thesis, University of Cambridge, 2014. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.708322.
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Acheson, G. G. "Law, finance and liability regimes : essays in Scottish and Irish banking." Thesis, Queen's University Belfast, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.431398.
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Ahmad, Abu Umar Faruq. "Law and practice of modern Islamic finance in Australia." View thesis, 2007. http://handle.uws.edu.au:8081/1959.7/38404.
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Thesis (Ph.D.)--University of Western Sydney, 2007.A thesis presented to the University of Western Sydney, College of Business, School of Law, in fulfilment of the requirements for the degree of Doctor of Philosophy. Includes bibliographies.
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Borodina, Kristina. "The Icelandic Banking Saga : The ways to deal or not to deal with a systemic banking crisis." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-363982.
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Every key feature of the Icelandic banking in the run-up to the 2008 year meltdown can be viewed as an emblem of the concept systemic banking crisis. The concept of a banking crisis is usually defined as “an event that shows significant signs of financial distress in the banking system and which is usually associated with significant bank runs, big losses in the banking system and bank liquidations.”[1]The detailed bank data, attained after the secrecy laws were being lifted after the crisis,[2]sheds light on five core problems that, in my estimate, portray the Icelandic crisis the best. These problems are unreliable deposit insurance system, fictional collaterals, inside dealing, the inadequacy of foreign reserves and supervision problems. Due to banks’ central role in economic welfare, the main scope of the regulations and laws in the area of banking is to contribute to operational stability in financial corporations, increase the credibility of the system, protect the customers and increase the confidence of the public. Failure of one bank can lead to disastrous consequences for the whole economic system.[3]Probably one of the most critical situations is a scenario of a bank run. Bank runs are usually seen as depositors’ reaction to fear about the bank’s solvency.[4]They are usually characterized by a massive simultaneous withdrawal from banks that in many cases may lead to liquidity problems due to the liquidity mismatch of the banks.[5]A bank’s liquidity is defined as bank’s capacity to quickly react to a sudden withdrawal without having to sell off illiquid assets.[6]The phenomenon of bank runs has two very particular features: (1)they are associated with a tendency to “run” as soon as there is a signal of potential solvency problems, and (2) a tendency to create feedback.[7]The first feature implies that the depositors are most likely to withdraw their funds as soon as they see the slightest sign of potential insolvency. The second feature is a reaction to the first signal, when depositors, who not necessarily believe in signals, run because they do not want to be the last ones to withdraw their money. Lost confidence in one bank may eventually spread to other banks and result not just in a failure of the banks involved, but even in a systemic failure. In light of the aforesaid, many countries take different measures to prevent bank runs and financial panic. Among these measures is an establishment of deposit-guarantee schemes( DGS).[8] The significant increase in deposits in Icelandic banks not only had the effect of transforming the financing of the Icelandic banking system but, as it will be discussed in the next chapters, eventually led to catastrophic consequences as about half of the deposits were deposited with the banks’ branches abroad and in foreign currency. This increase of deposits in foreign branches resulted in a substantial increase in the obligations of the Icelandic Depositors’ and Investors’ Guarantee Fund(TIF).[9]However, the TIF was unable to cope with such an increase. When depositors lost trust in Icelandic banks, and when there was no clear information whether the TIF covered the branches of Icelandic banks in the UK and Netherlands, a scenario of bank run was inevitable. Bank runs were seen not only in Iceland but also at the branches and subsidiaries of the Icelandic banks abroad. As stated above, a scenario of a bank run usually involves many depositors simultaneously withdrawing their deposits from a bank, which in its turn causes liquidity problems.[10]In the Icelandic case that is precisely what happened with bank accounts in Icelandic branches in the UK and Netherlands, since Icelandic banks were experiencing big liquidity problems in foreign currency.
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Darvish, Khadem Bahram. "The elements of fraudulent misrepresentation under English law with some indication of Shi'i Ithna Ashari law." Thesis, University of Aberdeen, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.245841.
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This work will cover in detail the issues of representation, falsity, factuality, materiality, fraud, inducement and damage. It will also examine other important issues such as exceptions to the rule requiring factuality, exceptions to the rule requiring materiality (plus the general trend of the current law), the rationale behind the factuality rule, the rationale behind the materiality rule, different ways of making a misrepresentation, partial misrepresentation, gross negligence not necessarily amounting to fraud, the theory of continuity of representation, burden of proof, the need for not easing the proof of fraud, the need for taking a harsh position against fraud (after it has been clearly proved), irrelevancy of the defendant's motive to the charge of fraud, irrelevancy of the representee being negligent to the charge of fraud, the law requiring less from the plaintiff in fraud cases, the logic behind the inducement requirement, causation test, the link between materiality and inducement, the representation not being required to be the sole cause of inducement, recoverable damages in a deceit action, the tortious measure of damages, the general trend of the present law as to the recoverable damages in a deceit action, the impact of both practical considerations and logic on the law of misrepresentation, reconciliation between English law and Shi'i law whenever they look different. This research has resulted, inter alia, in the following. First, in English law, the elements of fraudulent misrepresentation are: (1) falsity; (2) communication; (3) dishonest belief; (4) inducement; (5) damage. And, in Shi'i law, they are: (1) falsity; (2) communication; (3) dishonest belief; (4) materiality; (5) damage. Second, though in relation to the elements required by each system, there are some differences between the two, these differences are incapable of causing a considerable difference between the two systems. Third, both systems have taken a harsh position against fraud. Fourth, English law (compared to Shi'i law) has taken a harsher position against the fraudulent misrepresentor, and Shi'i law (compared to English law) has given more security to the transaction. Anyway, as long as the position of both systems are based on taking a harsh position against the fraud, the fact that one system, unlike the other, has taken a harsher position does not cause a considerable difference. Finally, this thesis has shown that the positions taken by Shi'i law find similarities in corresponding positions taken by the modern law (i.e. English law).
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Schoenbaum, Thomas J. "Key divergences in the law of marine insurance between English and American law : a comparative study." Thesis, University of Cambridge, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.270852.
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Alhowaimil, Ibrahim Saad. "Frustration of performance of contracts : a comparative and analytic study in Islamic law and English law." Thesis, Brunel University, 2013. http://bura.brunel.ac.uk/handle/2438/8532.
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This thesis is an assessment of the position of Islamic law and English law regarding the doctrine of the frustration of the contract. The thesis gave in the first general view about Islamic law and Saudi legal system, also about the contract in Islamic law in general. This study provides a detailed and critical account of the principles of frustration of contract law which operate under Islamic law and English law, where appropriate, identifies and critically evaluates the differences between the principles of frustration of contract which operate respectively under Islamic law and English law and to recognize the effect of the frustration on the performance of the contract. In the case of the absence of theory of frustration of contract in Islamic Law, an attempt will be made to create a complete doctrine of frustration of contract. Researcher discussed the frustration of contract in Islamic Law. In the case of the absence of theory of frustration of contract in Islamic Law, an attempt will be made to create a complete theory of frustration of contract in Islamic law. This is recognised owing to the fact that most cases of the application of frustration fall under the doctrine of impossibility. Impossibility can be regarded as taking place ‘when there supervening events without default of either party and for which the contract makes no sufficient provision which so significant changes the nature, if the cases where impossibility relates to the subject-matter of contracts or relates to the parties, subjective or objective impossibility. This study discusses the issue of Frustration of contract due to external factors covering cases of legal impossibility. This study examines the discharge of contract if there is circumstances do not make the performance impossibility but became difficult to perform such as impracticability and frustration of purpose. It will also look in some detail at the limitations and narrow scope of the doctrine of frustration, and also discuss contractual parties’ sometimes preferred alternatives, such as drafting force majeure clauses and hardship clauses.
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Macdonald, Robert. "Reading restitution in District Six: law, discourse and 'governmentality'." Doctoral thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/11693.
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Includes bibliographical references.This thesis carries out an interdisciplinary textual analysis of the legal documents (primarily contracts and court documents) used to negotiate and fix the terms of the statutory land restitution process in District Six, Cape Town, during the period from 1996 to 2012. Utilizing French philosopher Michel Foucault's theorisation of 'discourse' and 'governmentality', it traces the interweaving of restitution's legislative concepts with heterogeneous political and cultural discourses emanating from District Six's unique history. It is argued that the hybridised configurations of discourse generated by this encounter serve as new instruments of power in the space of this restitution project, lending themselves to a range unintended and sometimes paradoxical material outcomes.