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Journal articles on the topic 'Rescissione'

Author: Grafiati

Published: 9 March 2023

Last updated: 31 July 2025

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1

Peroni, Francesco. "Sul controverso confine tra incidente d'esecuzione e rescissione del giudicato." Archivio penale, no. 2 (2021): 667–78. http://dx.doi.org/10.12871/978883318105914.

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2

GIUNCHEDI, FILIPPO. "Giudicato formatosi nei procedimenti in assenza e sua possibile rescissione." Archivio penale, no. 1 (2016): 173–87. http://dx.doi.org/10.12871/978886741660810.

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3

Zangebari, Naser, Alireza Salimi, and Farzaneh Akrami. "Analysis of the Foundations and Legal and Jurisprudential Nature of Rescinding Property Ownership by Banks in Iranian Society and Banking System." Comparative Studies in Jurisprudence, Law, and Politics 5, no. 4 (2023): 172–85. https://doi.org/10.61838/csjlp.5.4.13.

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Rescission, as a means of dissolving binding contracts, has proven effective within Iran's banking system, with its primary application being the rescission of properties acquired by banks. Currently, in implementing Article 16 of the 2015 Act on the Removal of Barriers to Competitive Production and the Promotion of the Country’s Financial System, which mandates that banks annually divest at least 33% of their surplus assets, and as a consequence of this legal provision, the directive on the divestment of surplus assets of credit institutions was enacted by the Money and Credit Council and com

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4

Zhu, Xuelin. "Interpretation of Exercising Rights to Rescind Voluntary Guardianship Agreements under the Chinese Civil Code." Legal Science in China and Russia, no. 5 (October 31, 2023): 128–40. http://dx.doi.org/10.17803/2587-9723.2022.5.128-140.

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The Article 33 of the Chinese Civil Code provides written voluntary guardianship agreements and the Article 11 of the newly issued Interpretation provides arbitrary rescission rights and statutory rescission rights concerning the agreements. Some aspects related to exercising the rescission rights including fiduciary relationship, time limit, legal effects and circumstances, are interpreted in detail in this paper firstly and then rescission rights by agreement stipulated in the Article 562 of the Chinese Civil Code are discussed in terms of connotation and civil subjects. There after, the two

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5

O'Sullivan, Janet. "Rescission as a Self-Help Remedy: A Critical Analysis." Cambridge Law Journal 59, no. 3 (2000): 509–43. http://dx.doi.org/10.1017/s0008197300000222.

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Rescission (the process by which a voidable contract or other disposition is avoided) is frequently described as a remedy which can be effected both by judicial decree and by the act of the innocent party. This article seeks to explore the latter notion, that it is possible to rescind a contract or disposition by self-help means. It explains that the law is in some disarray, caused primarily by confusion between the dual historical development of rescission at law and in equity. Rescission was traditionally regarded as the act of the innocent party only for vitiating factors (such as fraud) ac

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6

Watts, Peter. "RESCISSION OF GUARANTEES FOR MISREPRESENTATION AND ACTIONABLE NON-DISCLOSURE." Cambridge Law Journal 61, no. 2 (2002): 301–11. http://dx.doi.org/10.1017/s0008197302001629.

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It has been a traditional requirement of rescission (ab initio), even as a response to fraudulent misrepresentation, that it must be possible to restore both parties to the relevant contract to some equivalence of their pre-contract positions. A line of cases involving rescission of guarantees has, however, permitted a surety to be entirely released from the guarantee even though the creditor has relied on it by supplying credit to the principal debtor. The suggested rationalisation is that the traditional requirement is confined to cases where rescission in specie is being sought and the inno

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7

Abdul Manap, Norhoneydayatie, Tze Chin Ong, and Farhah Abdullah. "REMEDY FOR MISREPRESENTATION IN CONTRACTS: A CASE ANALYSIS IN MALAYSIA." International Journal of Advanced Research 8, no. 11 (2020): 380–85. http://dx.doi.org/10.21474/ijar01/12019.

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Misrepresentation is a false statement made by one party which affects the other partys decision to agree to a contract. The act of misrepresentation nullifies the free consent of the contracting party to enter the contract, and that party is entitled to remedy. In Malaysia, the act of misrepresentation in contract is governed by section 18, Contracts Act 1950, whereas the remedy is provided for under sections 65 and 66, Contracts Act 1950. Based on this provision, the remedy given in cases of misrepresentation is contract rescission. However, based on previous court decisions, the remedy of c

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8

Davies, Paul S. "RESCISSION FOR MISREPRESENTATION." Cambridge Law Journal 75, no. 1 (2016): 15–17. http://dx.doi.org/10.1017/s0008197316000131.

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IN Salt v Stratstone Specialist Ltd. (t/a Stratstone Cadillac Newcastle) [2015] EWCA Civ 745; [2015] C.T.L.C. 206, the Court of Appeal usefully emphasised that rescission is the primary remedy for misrepresentation (whether that misrepresentation be fraudulent, negligent, or innocent). The Court decided that the discretion to award damages in lieu of rescission under s. 2(2) of the Misrepresentation Act 1967 can only be exercised where the right to rescind still exists, which helpfully resolves an issue of some controversy. The Court of Appeal also held that rescission for misrepresentation is

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9

Porat, Ariel. "The law and economics of mistake in European Sales Law." Common Market Law Review 50, Special Issue (2013): 127–46. http://dx.doi.org/10.54648/cola2013040.

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The Common European Sales Law (CESL) sets the conditions in which the mistaken party is prima facie entitled to rescission and compensation from the other party. Some of the CESL's provisions, however, are inconsistent with efficiency. First, under the CESL, as long as the mistake is fundamental, for the mistaken party to be allowed to rescind the contract, it is sufficient that the other party caused the mistake. From an efficiency perspective, however, causation is not enough to allow rescission. Second, the CESL permits rescission when one party failed to disclose information to the other p

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10

Turner, P. G. "RESCISSION OF THE DOCTRINE OF RESCISSION FOR FRAUD." Cambridge Law Journal 75, no. 2 (2016): 206–9. http://dx.doi.org/10.1017/s0008197316000441.

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THE decision in Robb v National Crime Authority [2014] EWHC 4384 (Ch); [2015] Ch. 520 has an ironic aspect. Etherton C. upheld the claims of 71 buyers of off-the-plan properties to be developed in Turkish Northern Cyprus. Robb had defrauded them. They had paid sums to Robb, Robb's company, or Robb's agents. Robb later caused those sums to be transferred into his personal bank account with a London bank, intending to transfer the funds to a bank in Thailand. Since 71 of the investors had rescinded their investment contracts, the Chancellor held those investors entitled to trace their moneys int

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11

Nitikman, Joel. "Equitable Rescission of Contracts for Mistake in Canada After Great Peace: Whither Solle v. Butcher?" Canadian Tax Journal/Revue fiscale canadienne 69, no. 4 (2021): 1027–97. http://dx.doi.org/10.32721/ctj.2021.69.4.nitikman.

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In 1949, Lord Denning of the Court of Appeal of England in <i>Solle v. Butcher</i> held that equity could rescind a contract in respect of which all parties had made the same mistake, provided that the mistake was "fundamental" and the party seeking rescission was not at "fault." Since then, the decision has been under attack. In 2002, the same court in <i>Great Peace</i> purported to overrule <i>Solle v. Butcher</i>, but in 2020 the UK Supreme Court, in one sentence in an otherwise unconnected decision, suggested that equitable contractual rescission may no

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12

Wu, Tang Hang. "PROPRIETARY RELIEF WITHOUT RESCISSION." Cambridge Law Journal 63, no. 1 (2004): 30–33. http://dx.doi.org/10.1017/s0008197304316491.

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13

Oakley, A. J. "Rescission for Failure to Complete." Cambridge Law Journal 51, no. 3 (1992): 427–29. http://dx.doi.org/10.1017/s0008197300084774.

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14

Clarke, Malcolm. "RESCISSION: INDUCEMENT AND GOOD FAITH." Cambridge Law Journal 63, no. 2 (2004): 286–88. http://dx.doi.org/10.1017/s0008197304296581.

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15

Wagner, Gerhard. "Termination and cure under the Common European Sales Law: Consumer protection misunderstood." Common Market Law Review 50, Special Issue (2013): 147–67. http://dx.doi.org/10.54648/cola2013041.

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The CESL'sscheme of remedies for defective performance by the seller is different for commercial sales and for consumer sales. In case of a commercial transaction (B2B), the seller has a right to cure defective performance either by repair or by replacement, before the merchant-buyer is entitled toterminate the contract. The priority of cure over rescission offers an efficient solution as it keeps buyer opportunism at bay, while preserving the incentives of the seller to deliver conforming goods. The scheme of remedies for transactions involving consumer-buyers(B2C)deviates from this reasonabl

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16

Sundaram, Rangarajan K., Menachem Brenner, and David Yermack. "On Rescissions in Executive Stock Options*." Journal of Business 78, no. 5 (2005): 1809–36. http://dx.doi.org/10.1086/431443.

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17

Keppler, Kurt. "Alternate budgetary sources during budget rescissions." New Directions for Student Services 2010, no. 129 (2010): 29–41. http://dx.doi.org/10.1002/ss.349.

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18

Torres, Lourdes. "And now, the rescission of DACA…" Latino Studies 15, no. 4 (2017): 413–15. http://dx.doi.org/10.1057/s41276-017-0100-0.

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19

謝寧婕, 謝寧婕. "論「雙方合意解除買賣契約」於個人房地合一稅之認定". 月旦財稅實務釋評 55, № 55 (2024): 049–55. http://dx.doi.org/10.53106/270692572024070055006.

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20

Tytarenko, Natalia, Olena Sergiіchuk, and Andrii Kostіuchenko. "Infusion therapy during obstetric hemorrhage: from theory to practice." Perioperaciina Medicina 2, no. 1 (2019): 26–32. http://dx.doi.org/10.31636/prmd.v2i1.4.

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Despite the considerable efforts of the medical community, bleeding remains one of the leading causes of maternal mortality, which can be prevented. The article presents actual terminology of obstetric bleeding, problematic issues of infusion therapy and changes in the clinical guidelines of the leading world medical organizations regarding the rescission tactics of this category of patients.

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21

최수정. "Reappraisal on the Beneficiary’s Right of Rescission." Korean Lawyers Association Journal 63, no. 6 (2014): 168–204. http://dx.doi.org/10.17007/klaj.2014.63.6.005.

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22

Bant, E. "Reconsidering the Role of Election in Rescission." Oxford Journal of Legal Studies 32, no. 3 (2012): 467–86. http://dx.doi.org/10.1093/ojls/gqs009.

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23

McLeod, Marshall W., Charles A. Atwell, and Richard A. Bedics. "Rescission and Reduction: Lessons from the Edge." Community College Review 23, no. 1 (1995): 3–11. http://dx.doi.org/10.1177/009155219502300102.

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24

Black, Oliver. "Independent promises and the rescission of contracts." Legal Studies 23, no. 4 (2003): 555–65. http://dx.doi.org/10.1111/j.1748-121x.2003.tb00227.x.

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A rule of English law is that, where a contract comprises promises that are independent of each other, neither party is entitled to rescind the contract for failure by the other to perform. This paper illuminates the rule by examining various versions of the independent/dependent distinction. On one account, it concerns the reason why someone gives a promise; on others, it concerns the conditionality of a promise. The account in terms of reasons conflicts with the doctrines of offer and acceptance and of consideration. All the conditional accounts provide a justification for the rule, but cert

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25

Oakley, A. J. "Rescission AB Initio for Mistake and Misrepresentation." Cambridge Law Journal 54, no. 1 (1995): 17–20. http://dx.doi.org/10.1017/s0008197300083045.

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26

Clarke, Malcolm. "REFUSING RESCISSION? CONTRACTS OF UTMOST BAD FAITH." Cambridge Law Journal 62, no. 3 (2003): 556–58. http://dx.doi.org/10.1017/s0008197303326406.

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27

Lou, Ying. "A Simple Analysis of the Contract Rescission Right of the Breaching Party." Journal of Economics and Law 1, no. 4 (2024): 68–76. https://doi.org/10.62517/jel.202414410.

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This article delves into the implications of extraterrestrial laws on China's system of contract rescission rights for breaching parties. The article compares similar systems, revealing the uniqueness of the breaching party's right to rescind contracts, and explores the termination point of contractual rights and obligations. Finally, suggestions are put forward to improve the Chinese Civil Code system and balance the rights and interests of both parties.

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28

McBride, Nicholas J. "Rescission of settlement for mistake and non-disclosure." Cambridge Law Journal 58, no. 3 (1999): 461–99. http://dx.doi.org/10.1017/s0008197399253019.

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MR. Naeem and Mr. Mohammad (“the plaintiffs”) were employed by the Bank of Credit and Commerce International SA (“B.C.C.I.”). They were made compulsorily redundant in 1990. In 1998, the plaintiffs, seeking to take advantage of the decision of the House of Lords in Malik v. B.C.C.I. [1997] 3 All E.R. 1, sued B.C.C.I. for “stigma damages”–damages designed to compensate the plaintiffs for the difficulties they had experienced in obtaining work because they were associated, in prospective employers' minds, with the dishonest way in which B.C.C.I. was run. However, there was a problem. Shortly afte

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29

Lyerly, Eric. "Did court order rescission of no‐contact orders?" Student Affairs Today 25, no. 9 (2022): 8. http://dx.doi.org/10.1002/say.31164.

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30

Wardle, D. "Caligula and the Client Kings." Classical Quarterly 42, no. 2 (1992): 437–43. http://dx.doi.org/10.1017/s0009838800016050.

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What happened in the aftermath of Caligula's assassination in January A.d. 41 in relation to the client kings of the period has been the subject of a stimulating note by A. A. Barrett. He has argued that a rescission of Caligula's acta invalidated the legal position of the client kings appointed by Caligula, and that Claudius’ regularising of their position has been misunderstood by the ancient literary sources and has given rise to several apparent inconsistencies in their accounts.

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31

Taylor QC, Tim. "The Confluence of Civil and Common Law (and the Influence of the Sharia) in Middle East Construction Arbitrations." BCDR International Arbitration Review 4, Issue 1 (2017): 217–43. http://dx.doi.org/10.54648/bcdr2017015.

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This article explains how civil and commercial laws, based on European codes (but adapted in some respects to be Shari’a-compliant), have been adopted in most of the Gulf Cooperation Council countries outside Saudi Arabia. It also contains a practical comparative law primer on how to understand and reconcile Islamic, civil and common law approaches in construction arbitrations, highlighting six common features of Middle East laws that pose traps for unwary contractors and developers (decennial liability, joint ventures, multiparty contracts, damages, rescission and ‘imprévision’).

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32

Balen, Mischa. "Exploring Proprietary Restitution: The Relationship Between Rescission and Insolvency." King's Law Journal 22, no. 2 (2011): 228–45. http://dx.doi.org/10.5235/096157611796769497.

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33

Danica, Popov. "The misrepresentation as a reason of rescission of contract." Zbornik radova Pravnog fakulteta, Novi Sad 47, no. 3 (2013): 107–22. http://dx.doi.org/10.5937/zrpfns47-5003.

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34

Shin, Dong-Hyeon. "Ingratitude of donee and rescission of contract of gift." Gachon Law Review 17, no. 3 (2024): 157–96. http://dx.doi.org/10.15335/glr.2024.17.3.005.

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35

Barnett, Richard L. "Nothing but Difference: Of Poetic Rescission in Camus'sLa Peste." Symposium: A Quarterly Journal in Modern Literatures 41, no. 3 (1987): 163–73. http://dx.doi.org/10.1080/00397709.1987.10733622.

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36

Barnett, Richard L. "Nothing but Difference: Of Poetic Rescission in Camus'sLa Peste." Symposium: A Quarterly Journal in Modern Literatures 41, no. 3 (1987): 163–73. http://dx.doi.org/10.1080/00397709.1987.9958154.

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37

Skosana, Themba, and Sandra Ferreira. "STEP-PARENT ADOPTION GONE WRONG: TURNER V TURNER (GJ) (unreported) case number 13040/2013 of 19 June 2015." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (May 10, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a731.

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Step-parent adoption happens where a child is adopted by the spouse or civil union partner of a biological parent. This is a drastic invasion into the life of a child because (except if provided for otherwise) an adoption order terminates all parental responsibilities and rights any person had in respect of a child immediately before the adoption, and confers full parental responsibilities and rights in respect of the adopted child upon the adoptive parent. Under specific circumstances an adoption order may also be rescinded, again disrupting the life of the child dramatically. Because of the

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38

Waly, Ahmed Fathi. "Legal Rules Commonly Applied to Contract Breaches in Construction Arbitrations in Egypt and the United Arab Emirates." BCDR International Arbitration Review 4, Issue 1 (2017): 135–51. http://dx.doi.org/10.54648/bcdr2017009.

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Claims brought in construction disputes tend to relate to the recurrent issues of payment, interest, delay, defects, liquidated damages, and rescission of contract.When working in the Middle East, engineers acting as arbitrators and lawyers from the common law system need to be aware of the mandatory rules of the law applicable to the contract.This paper aims to shed light on the legal rules commonly applied to contract breaches in construction arbitrations in the Middle East. Specifically, the paper focuses on the relevant provisions of the laws of Egypt and the United Arab Emirates and expla

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39

Chung, Benny. "Challenging the orthodoxy: a critique of Re Goldcorp and the English law approach to the certainty of subject matter." Trusts & Trustees 25, no. 5 (2019): 481–92. http://dx.doi.org/10.1093/tandt/ttz024.

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Abstract Re Goldcorp Exchange Limited is a landmark, but in my opinion, mistaken Privy Council (PC) decision. First, the PC failed to apprehend the nature of bullion investment and applied the wrong legal standard. Meanwhile, I also argue that the tangible/intangible dichotomy, which is commonly adopted, is mistaken. Secondly, the approach taken by the PC was inconsistent with several common legal theories/principles. Thirdly, even if I was wrong in my previous arguments, the PC was still mistaken in holding that equitable rescission was not available to Goldcorp’s customers, who suffered fina

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40

库, 佳薇. "Contract Rescission and Risk Burden Staggered under the Performance Obstacle." Advances in Social Sciences 10, no. 09 (2021): 2568–73. http://dx.doi.org/10.12677/ass.2021.109355.

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41

Nam, Do Hyun. "A Study on the Effect of Rescission of Shipbuilding Contract." DONG-A LAW REVIEW 78 (February 28, 2018): 307–42. http://dx.doi.org/10.31839/dalr.2018.02.78.307.

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42

Jokanović, Ivan, and Attila Dudás. "Legal Position of the Consumer in the Event of a Lack of Conformity of the Goods in Croatian and Serbian Law." Acta Universitatis Sapientiae, Legal Studies 11, no. 1 (2022): 23–45. http://dx.doi.org/10.47745/ausleg.2022.11.1.02.

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The objective of this paper is to analyse the legal position of the consumer in the event of a lack of conformity of the goods in Croatian and Serbian law. The national regulations governing this issue in both states are influenced by the legislation of the European Union. More specifically, Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees influenced the Serbian Consumer Protection Act, while the said Directive and the new Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods influenced the Croatian Act on Obligatio

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43

Hofri‐Winogradow, Adam, and Gadi Weiss. "Trust Parties’ Uniquely Easy Access to Rescission: Analysis, Critique and Reform." Modern Law Review 82, no. 5 (2019): 777–99. http://dx.doi.org/10.1111/1468-2230.12427.

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44

Salmons, David. "Rescission and substitute property: Bainbridge v Bainbridge [2016] EWHC 898 (Ch)." Trusts & Trustees 22, no. 10 (2016): 1098–103. http://dx.doi.org/10.1093/tandt/ttw165.

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45

George Mwangi, Chrystal A., Sadaf Latafat, Costin Thampikutty, and Julie Van. "Examining University Responses to the DACA Rescission: a Critical Discourse Analysis." Innovative Higher Education 44, no. 4 (2019): 249–65. http://dx.doi.org/10.1007/s10755-019-9463-5.

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46

徐, 健雪. "Research on the Right of Arbitrary Rescission of Paid Entrustment Contract." Dispute Settlement 09, no. 04 (2023): 1439–44. http://dx.doi.org/10.12677/ds.2023.94195.

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47

高, 雨. "On the Normative Application of the Right to Rescission of Agreements." Dispute Settlement 09, no. 06 (2023): 2785–92. http://dx.doi.org/10.12677/ds.2023.96379.

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48

Kennett, Wendy, Flora Triantafyllou-Albanidou, Peter Fitger, Remo Caponi, and Ernst Gras. "Res judicata." European Review of Private Law 6, Issue 1 (1998): 105–42. http://dx.doi.org/10.54648/199052.

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Both judgements of the German Federal Supreme Court concern the effects of final judgements on later proceedings. A decisive factor is whether the issues arising in the later proceedings are to characterised as new facts which are therefore not affected by the earlier judgement. The judgement of the Supreme Court of 14.7.1995 had the following facts: The owners of a piece of land sued in the first proceedings for a declaration that the owners for the time being of that piece of land had an easement in the form, inter alia, of a right to come and go on part of a road over neighbouring property,

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49

Taylor, Z. W., and Myra C. Barrera. "Documenting a Crisis: How Postsecondary Institutions Addressed DACA Students after Trump's Rescission." Teachers College Record: The Voice of Scholarship in Education 121, no. 5 (2019): 1–28. http://dx.doi.org/10.1177/016146811912100508.

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Background/Context On September 5, 2017, U.S. President Donald Trump ordered an end to former President Barack Obama's 2012 immigration policy of Deferred Action for Childhood Arrivals (DACA), placing some 800,000 undocumented immigrants—including thousands of postsecondary students—in danger of deportation. Mere hours after President Trump's announcement, postsecondary leaders across the United States began releasing official statements in support of DACA. Aside from a postsecondary institution's extolling of core values, it is important to investigate how these official institutional stateme

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50

SoRelle, Ruth. "Bush Administration Rescinds Prudent Layperson Standard for Medicaid, then Rescinds its Rescission." Emergency Medicine News 25, no. 4 (2003): 1. http://dx.doi.org/10.1097/00132981-200304000-00002.

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