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Legal Enforceability
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Book Synopsis Enforcement and Enforceability by : C. H. van Rhee
Download or read book Enforcement and Enforceability written by C. H. van Rhee and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book supplies a number of perspectives on the development of enforcement of court judgments and other enforceable documents in Europe. The articles are written by experts from legal academia and professionals involved in enforcement practice. New trends are highlighted.
Book Synopsis Punishment, Compensation, and Law by : Mark R. Reiff
Download or read book Punishment, Compensation, and Law written by Mark R. Reiff and published by Cambridge University Press. This book was released on 2005-07-11 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations.
Book Synopsis The Enforceability of Promises in European Contract Law by : James Gordley
Download or read book The Enforceability of Promises in European Contract Law written by James Gordley and published by Cambridge University Press. This book was released on 2009-04-09 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor James Gordley opens this volume with a concise history of the legal status of promises. In the central part of the book legal experts examine how twelve modern European legal systems deal with fifteen concrete situations in which a promise may not be enforceable--situations that include gifts, loans, bailments, houses, rewards, and brokerage contracts. Despite differences in legal doctrine, the volume reveals similarities in the results. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.
Book Synopsis The Enforceability of Promises in European Contract Law by : James Gordley
Download or read book The Enforceability of Promises in European Contract Law written by James Gordley and published by Cambridge University Press. This book was released on 2001-07-12 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil law and common law systems are held to enforce promises differently: civil law, in principle, will enforce any promise, while common law will enforce only those with 'consideration'. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. This 2001 volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises. Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. Finally, a comparative section considers why legal systems enforce certain promises and not others, and what promises should be enforced. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.
Book Synopsis Justice in Transactions by : Peter Benson
Download or read book Justice in Transactions written by Peter Benson and published by Harvard University Press. This book was released on 2019-12-03 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.
Book Synopsis International Bank Insolvencies:A Central Bank Perspective by : Mario Giovanoli
Download or read book International Bank Insolvencies:A Central Bank Perspective written by Mario Giovanoli and published by Springer. This book was released on 1999-09-29 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The globalisation of the world economy poses significant challenges for policy makers, regulators and legal professionals. The Asian and Brazilian financial crises have shown that difficulties in the banking sectors of some economies can have serious repercussions across world financial markets. It is clear that a sound legal infrastructure is crucial to promote financial stability in this global market. Particularly in the case of international bank failures, the need for harmonised and effective international insolvency procedures is becoming increasingly apparent. It is against this background that the Bank for International Settlements organised a workshop on International Bank Insolvencies in the summer of 1998. This unique book presents the edited workshop papers by expert lawyers from over twenty national central banks, the European Central Bank, the Basle Committee on Banking Supervision and the UN Commission on International Trade Law. Nineteen country reports provide a comprehensive overview of central banks and other institutions responsible for banking supervision and the co-ordination between authorities involved in insolvency procedures. The authors further discuss the instruments employed for crisis prevention and resolution and issues arising in the aftermath of a bank failure in the respective jurisdictions. In addition, twelve expert papers discuss issues ranging from specific national experiences to attempts at co-operation and harmonisation at regional and international level. The book further includes in an annex the text of the UNCITRAL Model Law on Cross-Border Insolvency and the EC Finality Directive.
Download or read book Law in Motion written by Mark Robin Reiff and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Derivatives written by and published by . This book was released on 1993 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Exchange Hazards, Relational Reliability, and Contracts in China by : Kevin Zheng Zhou
Download or read book Exchange Hazards, Relational Reliability, and Contracts in China written by Kevin Zheng Zhou and published by . This book was released on 2010 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Legal Regulations, Implications, and Issues Surrounding Digital Data by : Margaret Jackson
Download or read book Legal Regulations, Implications, and Issues Surrounding Digital Data written by Margaret Jackson and published by Information Science Reference. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""This book examines the legal issues and regulations surrounding digital data and how the law applies to online issues such as defamation, cyberbullying, scams, and data protection and privacy. It also explores the legal implications of technologies such as artificial intelligence and blockchain"--Provided by publisher"--
Book Synopsis Practical Considerations to Negotiate an Enforceable Joint Operating Agreement under Civil Law Jurisdictions by : Damilola S.Olawuyi
Download or read book Practical Considerations to Negotiate an Enforceable Joint Operating Agreement under Civil Law Jurisdictions written by Damilola S.Olawuyi and published by Kluwer Law International B.V.. This book was released on 2019-12-18 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because agreements concerning oil and gas upstream activities have historically been developed in common law jurisdictions, a growing concern for the petroleum industry is that a some upstream investment might not be enforceable in a civil law jurisdiction to the extent the same standards/concepts are used without any adaptation. This is why it is essential to understand and analyse how to implement a Joint Operating Agreement in civil law countries. This new edition of this unique in-depth treatment of JOAs under civil law offers a new abundance of practical considerations addressing enforceability issues in a wide variety of civil law jurisdictions likely to be conducting joint operations among two or more parties. The country-by-country analysis helps greatly in ensuring that such issues and topics as the following will be covered in a contract subject to civil law: obligations and liabilities; relationship of the parties; exclusive operations; force majeure; hardship; and host granting instrument. A useful appendix to this new edition is dedicated to a wealth of short practical comments and specific guidance. The first edition of this book presented the first JOA edited book to address the essential requirements from a large variety of civil law perspectives. This new edition offers a broader and more complete discussion of the latest legal developments with respect to the legal framework and principles underpinning JOAs in more civil law countries. It analyses the main issues that the petroleum industry and its investors might face in civil law jurisdictions with actual or potential large oil and gas reserves, and as such it is a unique and immensely valuable source of information and guidance for oil and gas law practitioners, legal counsel, and business and commercial negotiators involved in transnational operating agreements around the world.
Book Synopsis Enforceability of Multi-Tiered Dispute Resolution Clauses by : Ewelina Kajkowska
Download or read book Enforceability of Multi-Tiered Dispute Resolution Clauses written by Ewelina Kajkowska and published by Bloomsbury Publishing. This book was released on 2017-03-23 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the contractual mechanisms requiring parties to exhaust a selected amicable dispute resolution procedure before proceedings in court or arbitration are initiated. It briefly explains the phenomenon of integrated dispute resolution, outlines ADR methods commonly used in multi-tiered clauses and presents the overview of standard clauses published by various ADR providers and professional bodies. The core of the analysis is devoted to the enforceability of multi-tiered clauses under the legal systems of England and Wales, Germany, France and Switzerland. It is essential reading for practitioners and academics working in this area.
Book Synopsis Enforceability of Labor Law: Evidence from a Labor Court in Mexico by : David S. Kaplan
Download or read book Enforceability of Labor Law: Evidence from a Labor Court in Mexico written by David S. Kaplan and published by World Bank Publications. This book was released on 2012 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors analyze lawsuits involving publicly-appointed lawyers in a labor court in Mexico to study how a rigid law is enforced. They show that, even after a judge has awarded something to a worker alleging unjust dismissal, the award goes uncollected 56 percent of the time. Workers who are dismissed after working more than seven years, however, do not leave these awards uncollected because their legally-mandated severance payments are larger. A simple theoretical model is used to generate predictions on how lawsuit outcomes should depend on the information available to the worker and on the worker's cost of collecting an award after trial, both of which are determined in part by the worker's lawyer. Differences in outcomes across lawyers are consistent with the hypothesis that firms take advantage both of workers who are poorly informed and of workers who find it more costly to collect an award after winning at trial.
Book Synopsis Legal Enforceability of Intentional Open Price in the US, England and the United Nations by : Amalina Binti Ahmad-Tajudin
Download or read book Legal Enforceability of Intentional Open Price in the US, England and the United Nations written by Amalina Binti Ahmad-Tajudin and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Uncertainty regarding the price of goods has caused parties to divert from traditional fixed-price approaches to relational, open-price contract. This leads to different approaches under the various sales laws. The Uniform Commercial Code (UCC) in the US was drafted to cope with the changing market by allowing parties to opt for open price term at the time of entering into a contract, while the English Sale of Goods Act 1979 (SGA) and the United Nations Convention on Contracts for the International Sale of Goods (CISG) provide limited flexibility in setting the price, favouring traditional fixed-price contracts. As a result, the courts in the SGA and CISG jurisdictions are less likely to enforce contracts where parties intentionally leave the price open, even in cases where parties initially intend to be bound by the contract. This thesis provides an assessment of the effectiveness of the UCC in coping with relational sales contracts regardless of their duration. It compares the UCC with the SGA and the CISG Nations sales using examples of relevant court decisions from both jurisdictions, and critically evaluates the difference between flexibility in setting the price at the time of entering into a contract under the UCC, and flexibility applied by the courts to remedy a contract upon affected by market changes. This evaluation enables the thesis to propose ways in which SGA and the CISG might be made more adaptable with regard to relational sales, by following the example of the UCC in allowing open price as a choice for parties rather than as a remedy given by the courts to uphold a relational contract.
Book Synopsis Briefs of Leading Cases in Law Enforcement by : Rolando V. del Carmen
Download or read book Briefs of Leading Cases in Law Enforcement written by Rolando V. del Carmen and published by Routledge. This book was released on 2015-12-22 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Briefs of Leading Cases in Law Enforcement, Ninth Edition, offers extensive updates on the leading Supreme Court cases impacting law enforcement in the United States, creating a must-have reference for police officers to stay up-to-date and have a strong understanding of the law and their function within it. All cases are briefed in a common format to allow for comparisons among cases and include facts, relevant issues, and the Court’s decision and reasoning. The significance of each case is also explained, making clear its impact on citizens and law enforcement. The book provides students and practitioners with historical and social context for their role in criminal justice and the legal guidelines that should be followed in day-to-day policing activities. Two new chapters have been added on Searches by Dogs (featuring United States v. Place, Illinois v. Caballes, Florida v. Harris, and Florida v. Jardines) and Computer/Cell Phone Searches (featuring Riley v. California). Additional new cases include: • In Chapter 4, covering Arrests and Other Seizures of Persons: Bailey v. United States • In Chapter 5, covering Seizures of Things: Missouri v. McNeely and Maryland v. King • In Chapter 6, covering Searches in General: Kentucky v. King • In Chapter 8, covering Searches With Consent: Fernandez v. California • In Chapter 9, covering Vehicle Stops and Searches: Navarette v. California • In Chapter 12, covering Electronic Surveillance: United States v. Jones • In Chapter 16, covering, Use of Force: Plumhoff v. Rickard • In Chapter 17, covering Confessions and Admissions: Cases Affirming Miranda: J.D.B v. North Carolina • In Chapter 18, covering Confessions and Admissions: Cases Weakening Miranda: Salinas v. Texas • In Chapter 23, covering Legal Liabilities: Messerschmidt v. Millender
Book Synopsis International Commercial Contracts by : Giuditta Cordero-Moss
Download or read book International Commercial Contracts written by Giuditta Cordero-Moss and published by Cambridge University Press. This book was released on 2014-05-29 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.
