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Artículos de revistas sobre el tema "Theses – Contract law"

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Publicado: 4 de junio de 2021
Última modificación: 5 de febrero de 2022

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1

Wiethölter, Rudolf. "Proceduralization Of The Category Of Law+." German Law Journal 12, no. 1 (2011): 465–73. http://dx.doi.org/10.1017/s2071832200016941.

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Preliminary Remark: The observations below are to be understood more as a draft than as theses. They refer to and continue a series of earlier considerations, most recently in two papers: Social Science Models in Economic Law, in Contract and Organisation, 52-67 (T. Daintith/G. Teubner eds., 1986) and Materialization and Proceduralization in Modern Law, in Dilemmas of Law in the Welfare State 221-248 (G. Teubner ed. 1986); both papers are also to be found (in German) in the following documentation: G. Brüggemeier, Workshop zu Konzepten des postinterventionistischen Rechts, Materialien des Zent
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2

Owczaruk, Sławomir. "CONCLUSION OF A CIVIL LAW CONTRACT AS A PREMISE FOR THE MUNICIPALITY TO ACT AS A TAXABLE PERSON OF TAX ON GOODS AND SERVICES (VAT)." Roczniki Administracji i Prawa 1, no. XX (2020): 151–66. http://dx.doi.org/10.5604/01.3001.0014.1432.

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The research goal undertaken in this article is to answer two questions. First, can a municipality’s legal tax status in the field of tax on goods and services (VAT) in each transaction always be determined precisely? Second, is the conclusion of a civil law contract by a Polish municipality a sine qua non condition for it to obtain VAT taxable status? Theses presented in the publication, and arguments clearly indicate that with the VAT system in force in the European Union, including Poland, it is not always possible to precisely define the status of a municipality as a taxpayer in a given tr
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3

Sukačić, Marko. "Dvojbena pravna narav kupnji na pokus." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 40, no. 3 (2020): 1207–27. http://dx.doi.org/10.30925/zpfsr.40.3.10.

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The paper deals with the sale on approval of horses and mules shown in D.19,5,20 pr.- 1 (Ulpianus libro 32 ad edictum) and the existing theories on the legal position of the parties in the source. The first part of the paper sets out principium of D.19,5,20, where Ulpian quotes Labeo, and his description of the sale on approval of horses, concluded between the seller and the acrobatic rider – desultor, with a detailed analysis of the interpretations of relevant romanists. The principium is analyzed with the reference to dominant theories: theses on the suspensive and/or resolutive condition pa
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4

Straumann, Benjamin. "Natural Rights and Roman Law in Hugo Grotius's Theses LVI, De iure praedae and Defensio capitis quinti maris liberi." Grotiana 26, no. 1 (2007): 341–65. http://dx.doi.org/10.1163/187607508x366454.

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AbstractRoman property law and Roman contract law as well as the property centered Roman ethics put forth by Cicero in several of his works were the traditions Grotius drew upon in developing his natural rights system. While both the medieval just war tradition and Grotius's immediate political context deserve scholarly attention and constitute important influences on Grotius's natural law tenets, it is a Roman tradition of subjective legal remedies and of just war which lays claim to a foundational role with regard to his conception of subjective natural rights. Grotius made use of Roman law
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5

Zieliński, Maciej Jakub. "Kontrowersje wokół wykonywania pracy na rzecz własnego pracodawcy w rozumieniu art. 8 ust. 2a ustawy o systemie ubezpieczeń społecznych a zgodność tego przepisu z Konstytucją RP." Przegląd Prawa i Administracji 113 (September 12, 2018): 169–85. http://dx.doi.org/10.19195/0137-1134.113.12.

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ON CONTROVERSIES OVER INTERPRETATION OF THE PHRASE “PERFORMING WORK FOR THE BENEFIT OF ONE’S EMPLOYER” WITHIN THE MEANING OF ARTICLE 8 SECTION 2A OF THE SOCIAL INSURANCE SYSTEM ACT AND CONSTITUTIONALITY OF THAT PROVISIONThe article discusses controversies over interpretation of the phrase “performing work for the benefi t of one’s own employer” within the meaning of Article 8 section 2a of the Social Insurance System Act. The author criticizes interpretation of this phrase based solely on abstract theses formulated in individual judicial decisions, especially the ones of the Supreme Court. Whe
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6

Richardson, Megan. "Contract law and distributive justice revisited." Legal Studies 10, no. 3 (1990): 258–70. http://dx.doi.org/10.1111/j.1748-121x.1990.tb00036.x.

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This article is a response to a series of articles on contract law and distributive justice. In the first article, published in the Yale Law Journal, Professor A. T. Kronman put forward the thesis that the law of contract is necessarily concerned with distributive justice – that is, with the ‘fair division of wealth among the members of society’. In the second article, published in the Oxford Journal of Legal Studies, W. N. R. Lucy rejected that thesis and argued that limits on contracting are based on freedom rather than distributive justice. In this article I argue that contract law is and s
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7

Nikodym, Lukáš, Tomáš Nikodym, and Tereza Pušová. "The Mistaken Doctrine of Common Law: A Critique." DANUBE: Law and Economics Review 7, no. 3 (2016): 173–81. http://dx.doi.org/10.1515/danb-2016-0011.

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Abstract The study deals with Huerta de Soto’s thesis about the “mistaken doctrine of common law”, which is based on the equalization of depositum irregulare and mutuum contracts. He concluded that equalization of these contracts resulted in the creation of business cycles. According to this study, Huerta de Soto made a mistake when considering contracts inspired by the continental law based on Roman law. The study shows that mutuum was even in Roman law an ancient contract that was not codified, and that Huerta de Soto’s interpretation of this contract in the Anglo-American legal system is ba
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8

Halpin, Andrew. "Law, Autonomy, and Reason." Canadian Journal of Law & Jurisprudence 13, no. 1 (2000): 75–102. http://dx.doi.org/10.1017/s0841820900002319.

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Joseph Raz’s recent discussion of law’s autonomy and public practical reasons, in response to an essay by Gerald Postema, provides further illumination of Raz’s own view of the nature of law; it forcefully challenges Postema’s purported identification of the defining task of law; and it clarifies the relationships between a number of strands, or theses, that enter the debate over an appropriate theoretical model for law. It is not necessary to locate this discussion within the more general setting of the conflict between Natural Law and Positivism—nor is it in any case clear that that sharp co
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9

Zenin, S. S., D. L. Kuteynikov, O. A. Izhaev, and I. M. Yapryntsev. "Law Making in the Conditions of Algorithmization of Law." Lex Russica, no. 7 (July 23, 2020): 97–104. http://dx.doi.org/10.17803/1729-5920.2020.164.7.097-104.

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The paper is devoted to the study of law and computer algorithms as tools regulating social and technical processes. The purpose of this work is to study the possibilities of using computer code to regulate public relations, as well as the impact of this process on traditional legislative procedures.The paper puts forward the thesis that computer code regulating technical processes can be used to a certain extent in the legal sphere of activity. To use computer code in law making, it is necessary to define the scope of legal regulation, develop an appropriate programming language and adopt a s
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10

Wójtowicz, Ewa. "Law applicable to Distribution Contracts and Contracts of Sale – Relationship between Framework Agreement and Application Contracts." European Review of Contract Law 14, no. 2 (2018): 138–56. http://dx.doi.org/10.1515/ercl-2018-1008.

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Abstract Distribution networks are widely used in the international trade as a tool for bringing another party’s products on to the market. However, in international business relations it may be difficult to establish the governing law for distribution agreements and contracts of sale. This article analyses the rules for determining the law applicable to distribution agreements and determines the impact of these rules and the law applicable to a distribution agreement on the applicable law for the sales contracts formed under the agreement. The thesis of the article is that the specific nature
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11

Kamali, Mohammad Hashim. "Islamic Commercial Law." American Journal of Islam and Society 13, no. 2 (1996): 197–212. http://dx.doi.org/10.35632/ajis.v13i2.2330.

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Introductory RemarksThe Islamic law of transactions (mu'amalat) has often been singled outas the most important area of contemporary research in Islamic theses, somuch so that, according to some observers, its priority is even higher thanthat of research in applied sciences and medicine. This status is due to thecritical importance of commercial transactions in the wealth generation andproductivity prospects of contemporary Muslim countries. New researchon issues of conventional fiqh al mu'amalat is essential for the viability andsuccess of economic development programs in Muslim countries. In
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12

Cuniberti, Gilles, and Manuel José José Segovia González. "Choice of Law in Latin American Arbitration: Some Empirical Evidence and Reflections on the Latin American Market for Contracts." THEMIS Revista de Derecho, no. 77 (December 21, 2020): 35–57. http://dx.doi.org/10.18800/themis.202001.002.

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The aim of this Article is to assess the preferences of parties to Latin American international business transactions when they choose the law governing their contracts. For that purpose, the authors have conducted an empirical analysis of data that they were able to gather from arbitral institutions active in Latin America, with a focus on years 2011 and 2012. Furthermore they offer some reflections on the results and elaborate on whether they can be explained by the territorial approach of choice of law in Latin America, the importance of the United States as a trading partner for Latin Amer
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13

Herrera Blanco, Rocío. "La nueva perspectiva de la tutela del error en el moderno derecho de los contratos." Revista de Derecho de la UNED (RDUNED), no. 14 (January 1, 2014): 863. http://dx.doi.org/10.5944/rduned.14.2014.13310.

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Premio de artículos jurídicos «GARCÍA GOYENA» (Curso 2013-2014). Primer accésit Todos los ordenamientos jurídicos europeos prevén normas relativas a la ineficacia de los contratos por vicios del consentimiento, sin embargo, existen entre ellos diferencias bastante significativas, especialmente cuando se comparan el Common Law y los derechos continentales. El presente estudio comparado parte del tratamiento de esta cuestión en la regulación española y se centra en las propuestas que el moderno Derecho de la contratación proporciona en materia de vicios del consentimiento, con particular atenció
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14

Charlson, Jennifer, Robert Baldwin, and Jamie Harrison. "Early perceptions of allowing adjudication of oral contracts." International Journal of Law in the Built Environment 6, no. 3 (2014): 233–49. http://dx.doi.org/10.1108/ijlbe-02-2013-0004.

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Purpose – The purpose of this paper is to consider the implications of the admission of oral contracts to statutory adjudication proceedings. A major criticism of the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA 1996”) was that Section 107 required contracts to be “in writing” for the parties to be able to use statutory adjudication. In response, the Local Democracy, Economic Development and Construction Act 2009 repealed Section 107 of the HGCRA 1996. This paper considers the implications of the admission of oral contracts to statutory adjudication proceedings, whereby adjud
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15

Lyall, Andrew. "Traditional Contracts in German East Africa: The Transition from Pre-Capitalist Forms." Journal of African Law 30, no. 2 (1986): 91–129. http://dx.doi.org/10.1017/s0021855300006513.

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The material which forms the subject matter of this article constituted a chapter of a PhD thesis presented to London University in 1980. The thesis was based largely on the answers to Kohler's questionnaire which was distributed by the German colonial authorities throughout what was then German East Africa in 1909. A recent article in theJournal of African Lawdescribes these questionnaires in detail. Bibliographical references in the following text to the answers to the questionnaires follow the numbers assigned to them by Ankermann (1929) and used in the list in Redmayne and Rogers' article.
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16

MARKALOVA, N. G. "PROBLEMS RELATED TO THE CONTRACT OF CARRIAGE OF GOODS BY SEA." Civil Law Review 20, no. 6 (2021): 18–29. http://dx.doi.org/10.24031/1992-2043-2020-20-6-18-29.

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This article is dedicated to the memory of Doctor of Law, professor Makovskiy A.L. under whose guidance the author prepared her thesis for Ph.D in Law. The author recollects years of work in the Division of international private, Soviet and foreign maritime law of the institute “Soyuzmorniiproekt”, which was governed by A.L. Makovskiy and outlines the achievements of Alexander Lvovich in the area of maritime law. The article addresses issues regarding the notion of a contract of carriage of cargo by sea, which up to the present moment give rise to discussions in legal community. Distinctive fe
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17

Tiverios, Nicholas. "A Uniform Hermeneutic Thesis." University of Queensland Law Journal 40, no. 2 (2021): 181–214. http://dx.doi.org/10.38127/uqlj.v40i2.5483.

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At a broad level of generality, the orthodox approach to interpreting contracts, trusts, wills, security documents, company constitutions and so forth is the same: a search for the objective meaning to be attributed to the author or authors of the instrument (the ‘uniform hermeneutic thesis’). This article has two primary objectives. The first is to respond to a common criticism of this uniform objective approach. The criticism is that, as each species of legal obligation is different, different rules of interpretation should apply when the given legal context changes. For example, why not ask
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18

Nasution, Chairuni. "Overview of Indonesian Law in the Purchase Transaction of Home Ownership Credit (KPR)." International Journal of Research and Review 8, no. 5 (2021): 286–91. http://dx.doi.org/10.52403/ijrr.20210536.

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Home is a basic need that is very important for everyone. However, some people still do not own their own homes. The contributing factor is the high cash price of the house. Therefore, the government through the minister of public housing created a Home Ownership Credit (KPR) program. This KPR program is aimed at low-income people, which is called subsidized KPR. the number of banks implementing the KPR purchase program. This thesis research concerns the KPR transaction system carried out by BTN Syariah North Sumatra and a review of Islamic law on the KPR transaction system at BTN Syariah Nort
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19

Adams, David M. "Skepticism and the Apologetics of Law." Canadian Journal of Law & Jurisprudence 3, no. 1 (1990): 69–90. http://dx.doi.org/10.1017/s0841820900001053.

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Contemporary legal theory is increasingly marked by the clash between two opposing, basic approaches to law and legal doctrine. The first approach is skeptical: it seeks both to expose the conceptual and normative commitments of tort or contract or constitutional law, and to impeach them on the grounds that they comprise what are in fact incoherent and morally insupportable ideologies. By contrast, the second approach is explicitly apologetic: it aims to celebrate law by offering a reconstruction and justification of the basic features of constitutional or statutory or common law practice. The
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20

Saumier, Geneviève. "Uniformity and Diversity in the Enforcement of Arbitration Clauses in Canada." THEMIS Revista de Derecho, no. 77 (December 21, 2020): 111–21. http://dx.doi.org/10.18800/themis.202001.005.

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Arbitration is well established in Canada. All jurisdictions have implemented the 1958 New York Convention, the UNCITRAL Model Law on Arbitration and equivalent legislation for domestic arbitration. This generally supportive legal landscape for arbitration is often at odds with access to justice for consumers. As a result, several jurisdictions in Canada have adopted legislation to guarantee consumers’ access to local courts, including through class actions, notwithstanding the inclusion of arbitration clauses in their contracts. The constitutional division of powers in Canada entitles each pr
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21

MacMillan, Catharine. "ROGUES, SWINDLERS AND CHEATS: THE DEVELOPMENT OF MISTAKE OF IDENTITY IN ENGLISH CONTRACT LAW." Cambridge Law Journal 64, no. 3 (2005): 711–44. http://dx.doi.org/10.1017/s0008197305007014.

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THERE are few more vexed areas of contract law than that of a mistake as to the identity of a contracting party. The case law is difficult to reconcile. Judges and jurists disagree as to the effect of a mistake of identity upon the formation of a contract. This disagreement extends beyond discordance as to the operative principles to the very existence of the doctrine. That the issues are of current concern can be seen in the recent decision in Shogun Finance v. Hudson. This article examines how and why such a situation arose through an examination of the historical development of the doctrine
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22

Titov, Nikolay D., and Valeria A. Goncharova. "SERVICE TO TOMSK STATE UNIVERSITY AS A LIFE CREDO OF PROFESSOR I.V. FYODOROV." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 39 (2021): 191–207. http://dx.doi.org/10.17223/22253513/39/15.

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3 February marks the 100th anniversary of I.V. Fyodorov's birth. He will remain in the memory of his students, colleagues, postgraduates and doctoral students as a kind, intelligent and great professional. The article "Service to Tomsk State University as a vital credo of Professor I.V. Fyodorov" is devoted to the main stages of life and scientific-pedagogical activity of Doctor of Law, Professor I.V. Fyodorov, who devoted more than forty years of his life to the service to Tomsk State University. A significant part of scientific and pedagogical activity of I.V. Fyodorov at TSU falls within th
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23

Omotayo, Temitope, Alireza Moghayedi, Bankole Awuzie, and Saheed Ajayi. "Infrastructure Elements for Smart Campuses: A Bibliometric Analysis." Sustainability 13, no. 14 (2021): 7960. http://dx.doi.org/10.3390/su13147960.

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Sustainable development can be attained at a microlevel and having smart campuses around the world presents an opportunity to achieve city-wide smartness. In the process of attaining smartness on campuses, the elements requiring attention must be investigated. There are many publications on smart campuses, and this investigation used the bibliometric analysis method to identify such publications produced over the last decade. A matrix of 578 nodes and 3217 edges was developed from 285 publications on smart campus construction and procurement. Fifteen cluster themes were produced from the bibli
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24

Brudner, Alan. "The Unity of Property Law." Canadian Journal of Law and Jurisprudence 4, no. 01 (1991): 3–66. http://dx.doi.org/10.1017/s0841820900001260.

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This essay defends the thesis that the common law of property exhibits an internal unity worthy of moral respect. There are three distinct elements to this claim, each of which may be elucidated through a contrast with the position it opposes. First, the unity we seek in the law of property is an internal one. This means that we unabashedly seek property law’s own unity, regarding artificial constructions as a defect of interpretation rather than its normal product. We do not set out in advance the underlying ground for the possibility of faithful interpretations of legal practice; for that gr
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25

Fayyad, Mahmoud. "Fundamental Breach of Contract in Terms of the UN Sales Convention and Emirates Law: A Comparative Legal Study." Arab Law Quarterly 33, no. 2 (2019): 109–51. http://dx.doi.org/10.1163/15730255-12332008.

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Abstract The UAE launched its National Vision 2021 in 2010, which ‘sets the key themes for the socio-economic development of the UAE’ and calls for ‘a shift to a diversified and knowledge-based economy’. It focuses on the UAE becoming the economic and commercial capital for more than two billion people by transitioning to a knowledge-based economy. The success of the vision requires the State to join the United National Convention of Trade in Goods, which is the most important convention in this field. Until now, the national lawmaker has refrained from joining the Convention, believing that t
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26

Murayama, Masayuki. "Kawashima and the changing focus on Japanese legal consciousness: a selective history of the sociology of law in Japan." International Journal of Law in Context 9, no. 4 (2013): 565–89. http://dx.doi.org/10.1017/s174455231300030x.

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AbstractKawashima's well-known arguments on Japanese legal consciousness represent characteristic concerns of Japanese socio-legal scholarship: comparison between Japan and the West on the one hand, and law and practice on the other. Such concerns originated much earlier, before World War II. Suehiro, the early founder, relied on Ehrlich's idea of living law to make law fit social reality. In contrast, Kawashima urged Japanese people to make modern law ‘our living law’. He also argued that Japanese consciousness was the main cause of the small volume of litigation. This thesis became a focus o
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27

Barnard-Naudé, J. "Bona fides and ubuntu – A response to Dale Hutchison." Acta Juridica 2021 (2021): 85–106. http://dx.doi.org/10.47348/acta/2021/a4.

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This paper is a response to Dale Hutchison’s recent arguments about the role of fairness in contract law after the Constitution. From the point of view of transformative constitutionalism, the paper argues that the fairness ‘debate’ in the South African law of contract should be approached as what it so patently is, namely, as evidence of a deep ideological conflict that has existed in our law of contract for a very long time, and that this debate now exists within the context of a larger debate about the appropriate transformative reach of the Constitution. The argument takes the form of two
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Rivers, Julian. "The Secularisation of the British Constitution." Ecclesiastical Law Journal 14, no. 3 (2012): 371–99. http://dx.doi.org/10.1017/s0956618x12000361.

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In recent years, the relationship between law and religion has been subject to increased scholarly interest. In part this is the result of new laws protecting religious liberty and non-discrimination, and it may be that overall levels of litigation have increased as well. In all this activity, there are signs that the relationship between law and religion is changing. While unable to address every matter of detail, this article seeks to identify the underlying themes and trends. It starts by suggesting that the constitutional settlement achieved by the end of the nineteenth century has often b
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Jorbenadze, Sergi. "Die Vertragsstrafe im georgischen Recht." osteuropa recht 65, no. 4 (2019): 457–66. http://dx.doi.org/10.5771/0030-6444-2019-4-457.

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Contractual Penalties under Georgian Law With the development of contractual relations in Georgia, it has become more common for the parties of a contract to include conditions of a penalty in their agreement. Georgia, as a member of the continental law family, actively shares the European experience and executes the guidance of individual institutions. One proof of this fact is the inclusion of penalties in the Civil Code and its practical realization, which is characterized by interesting explanations in court. Penalty, as an additional means of securing a demand, has an accessory nature. It
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Ginsburg, Tom. "From Contract to Status: A Comment on Nico Krisch’s The Decay of Consent." AJIL Unbound 108 (2014): 8–9. http://dx.doi.org/10.1017/s2398772300001768.

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In the mid-nineteenth century, the great anthropologist Henry Sumner Maine observed that legal systems tended to move over time from “status to contract” by which he meant that rights and duties were increasingly determined by consent rather than social or demographic factors. Maine’s thesis might have been applied to international law during the long era of high positivism, in which consent became the dominant principle after the Peace of Westphalia. Formal equality of states meant that formal treaties—”contract”—were the main mode of interaction. Even in the post-World War II era, consent pl
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31

Morwood, James. "Euripides’ Suppliant Women, Theseus and Athenocentrism." Mnemosyne 65, no. 4-5 (2012): 552–64. http://dx.doi.org/10.1163/156852511x547947.

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Abstract In Euripides’ Suppliant Women, Theseus at first rejects Adrastos’ supplication to recover the bodies of the Argive dead. Later he changes his mind. This article discusses the initial failure of the supplication, both examining the failings in Adrastos’ appeal and suggesting that a strong case can be made for Theseus’ rejection: neither he nor Athens would have suffered from gods or from men had he stood by it. Why then did he have the change of heart that the play clearly approves? The article links his rejection with a narrow nationalism evinced in his response to the exogamous marri
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Beaton, James Daniel. "Finding Justice in Ancient Israelite Law: A Survey of the Legal System of the Israelites during the Post-Exodus, Pre-Exilic Period." Journal for the Study of the Old Testament 41, no. 2 (2016): 139–58. http://dx.doi.org/10.1177/0309089216646523.

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The ancient Israelite tradition (for present purposes, spanning the period immediately post-exodus up until the exilic period) manifests itself in many of the prevailing theories of law and justice underlying the archetypal Western legal system. This article strives to proceed unencumbered by cultural-temporal bias to evaluate the recurring themes of structure, procedure, substance, injunction, sanction, and operation in ancient Israelite law, thereby framing that legal tradition as a cohesive whole which is notable for the parallels that can be drawn between it and the Western legal systems t
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33

Leshinsky, Rebecca. "Situating real estate law for the new outer-space economy." Journal of Property, Planning and Environmental Law 13, no. 2 (2021): 152–64. http://dx.doi.org/10.1108/jppel-02-2021-0010.

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Purpose With current commercial space activities accelerating, the purpose of this paper is to contexualise enlivening the discipline of real estate law for outer space. Design/methodology/approach Drawing on essential topics in real estate law, contracts and insurance, this paper discusses these themes in their terrestrial and extra-terrestrial contexts. Findings Real estate law for the outer space environment carries many similarities to real estate law but also significant differences. At this early stage in human space exploration and travel, there is a need to deal more with goods/chattel
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34

Alexy, Robert. "Kant’s Non-Positivistic Concept of Law." Kantian Review 24, no. 4 (2019): 497–512. http://dx.doi.org/10.1017/s1369415419000281.

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AbstractThe main thesis of this article is that Kant’s concept of law is a non-positivistic one, notwithstanding the fact that his legal philosophy includes very strong positivistic elements. My argument takes as its point of departure the distinction of three elements, around which the debate between positivism and non-positivism turns: first, authoritative issuance, second, social efficacy, and, third, moral correctness. All positivistic theories are confined to the first two elements. As soon as a necessary connection between these first two elements and the third element, moral correctness
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35

Rutgers, Leonard Victor. "Roman Policy towards the Jews: Expulsions from the City of Rome during the First Century C.E." Classical Antiquity 13, no. 1 (1994): 56–74. http://dx.doi.org/10.2307/25011005.

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In the first century, Jews were expelled from Rome on various occasions. Ancient literary sources offer contradictory information on these expulsions. As a result, scholars have offered different reconstructions of what really happened. In contrast to earlier scholarship on the subject, this article seeks to place the expulsions of Jews from first-century Rome into the larger framework of Roman policy toward both Jews and other non-Roman peoples. It is argued that the decision to banish Jews from Rome resulted from pragmatic and not from specifically anti-Jewish considerations: Roman magistrat
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Sakum, Sakum. "IMPLEMENTASI AKAD MURABAHAH PADA PRODUK PEMBIAYAAN MURABAHAH DI KOPERASI SIMPAN PINJAM DAN PEMBIAYAAN SYARIAH BAITUL MAAL WAT TAMWIL FAJAR CABANG BEKASI." Jurnal Ekonomi Syariah Pelita Bangsa 6, no. 01 (2021): 20–29. http://dx.doi.org/10.37366/jespb.v6i01.173.

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In the preparation of this thesis, researchers used qualitative research, the type of research used was library research and field research. Sources of data obtained through primary and secondary data sources, for data collection using two methods, namely: interviews and documentation, for data analysis techniques using 3 methods, namely data reduction, data presentation, and drawing conclusions. This study aims to determine the implementation or practice of the murabahah contract in murabahah financing products at Baitul Maal wat Tamwil Fajar Bekasi branch whether it is in accordance with Isl
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Padovan, Adriana Vincenca, and Margita Selan Voglar. "Marina Operator Liability Insurance in Croatian and Slovenian Law and Practice." Transactions on Maritime Science 8, no. 1 (2019): 109–22. http://dx.doi.org/10.7225/toms.v08.n01.011.

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The paper deals with marina operator liability insurance (hereinafter: MOLI) in the context of Croatian and Slovenian insurance law and business practice. The authors analyse, discuss and compare the salient features of MOLI contracts, their standard terms and conditions, scope of coverage and exclusions in Croatian and Slovenian law. The paper describes the relevant business practice in the two Adriatic countries. The analysis is based on the comparative study of the relevant national legislation and private regulation, as well as on the data and documentation gathered by field research, cons
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38

Plakolli-Kasumi, Luljeta. "Some preliminary findings regarding Kosovo legislation in the field of consumer protection with special emphasis in arbitration clauses in consumers contracts." Zbornik radova Pravnog fakulteta u Splitu 57, no. 3 (2020): 875–85. http://dx.doi.org/10.31141/zrpfs.2020.57.137.875.

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Although the Kosovo Law on Consumer Protection has been harmonized with the EU Directive on Unfair Contract Terms, several inconsistencies are still prevalent in other pieces of legislation, which in turn diminish the effective protection of consumers in line with the aim of the said Directive. The present paper aims at introducing some preliminary findings of the author’s doctoral thesis which can serve as a basis for further improvement of the existing legislation in the field of consumer protection. Full harmonization of the consumer protection legislation with the Unfair Terms Directive en
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Hanif Hakim, Kevin, and Akhmad Khisni. "Effects The Constitutional Court Decision Allowing Marriage Agreement After Marriage (Constitutional Court Decision No. 69 / PUU-XIII / 2015)." Jurnal Akta 6, no. 2 (2019): 271. http://dx.doi.org/10.30659/akta.v6i2.5020.

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At first the marriage law stipulated in the Civil Law Act (Civil Code) and subsequent regulations related to marriage and even then dealt with separately by Act No. 1 of 1974 on Marriage. On October 27 2016 the Constitutional Court (MK) through its Decision No. 69 / PUU-XIII / 2015 gives constitutional interpretation of Article 29 of Act No. 1 of 1974 on Marriage which basically says that the marriage contract can be carried out during the marriage bond. Therefore, the object of the author's thesis writing is a result of the law of the Constitutional Court decision that allows marriage after m
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40

Girard, Philip. "Themes and Variations in Early Canadian Legal Culture: Beamish Murdoch and hisEpitome of the Laws of Nova-Scotia." Law and History Review 11, no. 1 (1993): 101–44. http://dx.doi.org/10.2307/743601.

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Beamish Murdoch (1800–76) was a young man when the first of the four volumes of hisEpitome of the Laws of Nova-Scotiarolled off Joseph Howe's press at Halifax in the spring of 1832. He was an old man when the first installment of his three-volumeHistory of Nova-Scotia, or Acadieappeared under James Barnes's imprint in the spring of 1865. These two works have received surprisingly disparate attention in the century since Murdoch's death. Today it is Murdoch the historian who is well known: No treatment of nineteenth-century Canadian historiography would omit reference to hisHistory. Murdoch's c
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Njoya, Wairimu. "The Progress of Law: Aeschylus’s Oresteia in Feminist and Critical Theory." Political Theory 48, no. 2 (2019): 139–68. http://dx.doi.org/10.1177/0090591719884570.

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The Oresteia is conventionally read as an account of progress from the age of private vendetta to the public order of legal justice. According to G.W.F. Hegel, an influential proponent of this view, the establishment of a court in Athens was the first step in the progressive universalization of law. For feminists and Frankfurt School theorists, in contrast, the Oresteia offers an account of the origins of patriarchy and class domination by legal means. This article examines the two competing interpretations of Aeschylus’s trilogy, arguing that they are not mutually exclusive. Rather than rejec
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Ocko, Jonathan K., and David Gilmartin. "State, Sovereignty, and the People: A Comparison of the “Rule of Law” in China and India." Journal of Asian Studies 68, no. 1 (2009): 55–100. http://dx.doi.org/10.1017/s0021911809000084.

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This paper uses the concept of the “rule of law” to compare Qing China and British India. Rather than using the rule of law instrumentally, the paper embeds it in the histories of state power and sovereignty in China and India. Three themes, all framed by the rule of law and the rule of man as oppositional yet paradoxically intertwined notions, organize the paper's comparisons: the role of a discourse of law in simultaneously legitimizing and constraining the political authority of the state; the role of law and legal procedures in shaping and defining society; and the role of law in defining
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43

Anderson, Jack. "Sports Law in an Olympic Year: Citius, Altius, Fortius?" Legal Information Management 12, no. 2 (2012): 72–80. http://dx.doi.org/10.1017/s1472669612000266.

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AbstractIn 2012 London becomes the first city to host an Olympics for the third time. The contrast between the Games of 2012 and those of 1908 and 1948 could not be starker and form a background to some of the matters discussed in this short piece. Central to the discussion is the contention that the development of the body of law now known as sports law is related to the accelerated commercialisation of sport during the past century. In short, the business of modern sport is exactly that – a business; indeed, sport is now a global industry and the commodification of sport will be seen to an e
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Hajn, Zbigniew. "The Concept of Employer and the Extension of the Subjective (Ratione Personae) Scope of Collective Labour Law." Acta Universitatis Lodziensis. Folia Iuridica 95 (March 30, 2021): 19–27. http://dx.doi.org/10.18778/0208-6069.95.02.

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In accordance with the changes in the provisions of the collective labour law in force since January 1, 2019, an employer within their meaning is also an organizational unit without civil law subjectivity, if it employs work contractors engaged in paid work engaged in paid work other than employees. This leads to the dualism of the notion and legal construction of the entity employing non-employee contractors on the basis of individual and collective relations. In individual legal relations, the entity employing contractors on the basis of civil law contracts may only be a civil law entity. On
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Dominey, Jane. "Probation supervision as a network of relationships: Aiming to be thick, not thin." Probation Journal 66, no. 3 (2019): 283–302. http://dx.doi.org/10.1177/0264550519863481.

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This article is about the networks of relationships (between people and between organisations) that underpin probation supervision. Drawing on evidence from a study researching these interactions, it develops two models of supervision (‘thin’ and ‘thick’) by taking themes that shape supervision and charting the interplay between them. The article develops these models in the increasingly fragmented landscape that has followed the Transforming Rehabilitation (TR) reforms in England and Wales. The concepts of ‘thin’ and ‘thick’ are used here to describe the supervisory network. Thin supervision
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46

Koswara, Asep, Hasan Bisri, and Ayi Ishak Sholih Muchtar. "Pendapat Syaikh Nizhamuddin Al-Balkhi dalam Kitab Fatawa Al-Hindiyyah tentang Ittishal antara Ijab dan Kabul Akad Nikah." Istinbath | Jurnal Penelitian Hukum Islam 14, no. 2 (2020): 131. http://dx.doi.org/10.36667/istinbath.v14i2.479.

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Marriage is considered valid if it has fulfilled the terms and conditions of marriage. Among the pillars of marriage are the consent and kabul. Based on the law of origin, the ulama agreed that the consent came from the bride, while the Kabul came from the groom. However, in the matter of ittishal between the consent and the marriage contract, the scholars have different opinions. If there is no ittishal between the consent and the marriage ceremony, then the contract is still considered valid while it is still focused on the contract procession and not for a long time. The objectives of the r
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George, Peter, and Philip Sworden. "The Courts and the Development of Trade in Upper Canada, 1830–1860." Business History Review 60, no. 2 (1986): 258–80. http://dx.doi.org/10.2307/3115309.

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The centrality of transportation improvements and financial institutions to the economic development of Upper Canada in the first half of the nineteenth century is well known. In this article, Professor George and Mr. Sworden argue that the evolving legal system and legal institutions also played an important role as part of the infrastructure contributing to increased economic efficiency. In support of their thesis, they draw on court decisions on contract and property law, primarily from the judicial career of Sir John Beverley Robinson, chief justice of the Court of Queen's Bench for Upper
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48

Torbus, Andrzej. "Wykładnia umowy jurysdykcyjnej zawartej na podstawie art. 25 Rozporządzenia Parlamentu Europejskiego i Rady (UE) Nr 1215/2012. Glosa do postanowienia Sądu Najwyższego z dnia 5 października 2018 r., I CSK 611/17." Problemy Prawa Prywatnego Międzynarodowego 25 (December 31, 2019): 123–37. http://dx.doi.org/10.31261/pppm.2019.25.07.

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The choice of court agreement (forum selection clause) is effectively concluded if there is no doubt that the party has actually become acquainted with its content. The Court of Justice of the European Union focuses on those aspects of the conclusion of the contract that allow the assessment that the other party is not surprised by the establishment of a subjective link. The compliance with formal requirements implies that the parties agreed on the conclusion of the contract. There are no objections about so understood “real consent of the parties” as a consequence of fulfilling not only the r
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Bunadi, Bunadi, and Marjan miharja. "JURIDICAL REVIEW OF THE IMPLEMENTATION OF A PARTICULAR TIME AGREEMENT BASED ON LAW NUMBER 13 OF 2003 CONCERNING MANPOWER." IBLAM LAW REVIEW 1, no. 1 (2021): 173–204. http://dx.doi.org/10.52249/ilr.v1i1.18.

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Industrial relations disputes are common in many companies. The dismissal process is often not in accordance with the provisions of labor regulations, one of which is regarding the dismissal of PKWT / contract workers. The formulation of the problems that the author discusses in this thesis are (1) What is the role of trade unions in fighting for dismissal disputes with PKWT / Contract workers? (2) Is the Application of a Fixed Time Work Agreement (PKWT) in accordance with the provisions of Law Number 13 Year 2003 concerning Manpower?
 The research method used in this research is juridica
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50

TOMBS, ROBERT. "‘LESSER BREEDS WITHOUT THE LAW’: THE BRITISH ESTABLISHMENT AND THE DREYFUS AFFAIR, 1894–1899." Historical Journal 41, no. 2 (1998): 495–510. http://dx.doi.org/10.1017/s0018246x98007833.

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Queen Victoria, her court, the embassy in Paris, the prime minister, and the press, led by The Times, were early and impassioned sympathizers with Alfred Dreyfus and bitter critics of his persecutors. This article traces the development of their views and the information available to them, analyses the principal themes as they saw them, and attempts to explain how and why they formed their opinions. It considers why the Dreyfusard position was so congenial to them. It argues that their own principles and prejudices – conservative, patriotic, Anglo-Saxon, and Protestant – were confirmed by a cr
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