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Lohada Et La Common Law
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Book Synopsis Institutional Competition between Common Law and Civil Law by : Michèle Schmiegelow
Download or read book Institutional Competition between Common Law and Civil Law written by Michèle Schmiegelow and published by Springer. This book was released on 2014-05-27 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses two countervailing challenges to theory and policy in law and economics. The first is the rise of legal origins theory, which denies the comparative law view of convergence between common law and civil law by the assertion of an economic superiority of common law. The second is the series of economic crises in the very financial markets on which that assertion was based. Both trends unsettled certainties about the rule of law and institutional economics. Meeting legal origins theory in its main areas of political science, sociology and economics, the book extends the interdisciplinary reach to neglected aspects of comparative law, legal history, dynamic econometric analysis and "quasi-natural experiments" with counterfactual evidence of different institutional regimes in divided countries. These combined methodological tools make tests of the economic impact of different legal origins much more reliable. This is shown for developed and newly industrialized countries as well as developing, transforming and emerging countries with or without financial center advantage, affected or not by financial crises. The Asian financial crises and the American subprime crisis have been, or could have been resolved using the resources of common law or civil law. These cases and data on access to justice in Africa, Asia and Latin America reveal the problem of substantive law remaining "law on the books" without efficient procedural rules and judicial structures. The single most striking common law-civil law divide is that lawyer-dominated common law procedure is slower and costlier than judge-managed civil law procedure. Countries as diverse as the Netherlands, Japan, and China show functional interaction between culture and law in legal reforms. Such interaction can reduce the occurrence of legal disputes as well as facilitate their resolution. It can use economic crises as catalysts for legal reforms or rely on regional integration, and it should replace the discredited method of legal "transplants" by sustained dialogue between legal advisors and all actors involved in legal reforms.
Author : Publisher :Editions Publibook ISBN 13 :2753905576 Total Pages :222 pages Book Rating :4.7/5 (539 download)
Download or read book written by and published by Editions Publibook. This book was released on with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis L'effectivité du droit de l'OHADA by : Jean Gatsi
Download or read book L'effectivité du droit de l'OHADA written by Jean Gatsi and published by Presses univresitaires d'Afr. This book was released on 2006 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Secured Transactions Law Reform in Africa by : Marek Dubovec
Download or read book Secured Transactions Law Reform in Africa written by Marek Dubovec and published by Bloomsbury Publishing. This book was released on 2019-10-31 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last few decades, many countries have reformed their secured transactions law. One of the main reasons has been the clear link between reform and the availability of credit, and the drive to improve access to finance, particularly for micro, small and medium-sized enterprises. This book focuses particularly on developing economies in Africa, which have legal frameworks influenced by English, French, Belgian, Roman-Dutch and other laws. Reform in this area of law across African countries has taken a number of forms, which are explored and discussed in this book. Secured Transactions Law Reform in Africa is a mixture of a critical description of the pre-reform law and practice, and the reform process itself. It also includes a comparative analysis of the legal provisions and an examination of the early results of the reforms. The book sets out a road map for the future of secured transactions reform; primarily in Africa, but also in other countries that have undertaken or are contemplating similar reforms. This book is the second in a series of books about Secured Transactions Law in countries around the world, and its reform, both on a national and an international scale. The first book, Secured Transactions Law Reform: Principles, Policies and Practice, was published in 2016.
Book Synopsis Global Sales and Contract Law by : Ingeborg Schwenzer
Download or read book Global Sales and Contract Law written by Ingeborg Schwenzer and published by Oxford University Press, USA. This book was released on 2012-01-26 with total page 1069 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive analysis of domestic and international sales law covering over sixty jurisdictions is the most detailed work in the field. It includes all aspects of a sale of goods transaction and provides answers to complex issues in practice.
Book Synopsis Ending Africa's Energy Deficit and the Law by : Yinka Omorogbe
Download or read book Ending Africa's Energy Deficit and the Law written by Yinka Omorogbe and published by Oxford University Press. This book was released on 2018-02-09 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the inclusion of access to energy in the sustainable development goals, the role of energy to human existence was finally recognized. Yet, in Africa, this achievement is far from realized. Omorogbe and Ordor bring together experts in their fields to ask what is stalling progress, examining problems from institutions catering to vested interests at the continent's expense, to a need to develop vigorous financial and fiscal frameworks. The ramifications and complications of energy law are labyrinthine: this volume discusses how energy deficits can burden disabled people, women, and children in excess of their more fortunate counterparts, as well as considering environmental issues, including the delicate balance between the necessity of water for drinking and cleaning and the use of water in industrial processes. A pivotal work of scholarship, the book poses pressing questions for energy law and international human rights.
Book Synopsis International Bank and Other Guarantees Handbook by : Yann Aubin
Download or read book International Bank and Other Guarantees Handbook written by Yann Aubin and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Bank and Other Guarantees Handbook provides a practical examination of the laws of 19 countries (and groups of countries) in the Middle East and Africa regions in respect to bank and other guarantees. It also contains, among other things, various guarantees forms. The aim of each country-specific chapter of the Handbook is to provide actionable information designed to guide legal or other practitioners in such jurisdiction. The editors, Mr. Yann Aubin, Mr. Jean-Claude Vecchiatto and Mr. Louis de Longeaux, deal with guarantees in an international context on a daily basis in the course of their respective positions as in-house lawyers of Fortune 500 multinational companies and partner of a multinational law firm. Yann Aubin is the Director of Legal Operations [and Deputy General Counsel] at Schlumberger based in Paris. He is the co-editor of the Export Control Laws and Regulations Handbook. Jean-Claude Vecchiatto is Vice President, Head of Corporate and Project Finance, Legal Affairs at the European Aeronautic Defence and Space Company, EADS, based in France and Germany. Louis de Longeaux is a partner with Orrick, Herrington and Sutcliffe law firm based in China, England, France, Germany, Italy, Japan, Russia, Taipei and USA. The International Bank and Other Guarantees Handbook is invaluable to any international trade professional (lawyer, finance manager, project manager, etc.) or entity with a need to know the specific requirements to be complied within the jurisdiction in question for the efficient use of bank or other related guarantees.
Book Synopsis Regional Developmentalism through Law by : Jonathan Bashi Rudahindwa
Download or read book Regional Developmentalism through Law written by Jonathan Bashi Rudahindwa and published by Routledge. This book was released on 2018-05-20 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a study of regionalism in Africa and investigating the ways in which law can be used to address the issues raised by regional processes on the continent, this book examines the African Economic Community, considering that it has been entrusted to coordinate and to harmonize policies between various Regional Economic Communities (RECs) across the continent, thereby influencing the continent’s approach towards regional integration. It seeks to identify how law can be used to strengthen the African RECs while ensuring that they achieve their goal of promoting regional development across the continent. Drawing upon economic and political theories, and using a critical doctrinal analysis of legal texts and norms, the book uncovers the legal and economic underpinnings of the model of regional integration followed by the regional schemes operating under the banner of the AEC, aiming to contribute to the search for effective methods to ensure the success of these various initiatives. Proposing the concept of "Regional Developmentalism Through Law" as the most suitable conceptual framework to support the effective establishment of an African Economic Community, this book will be of interest to researchers, academics and policy makers interested in the correlation between law, regional integration and development in Africa.
Book Synopsis Commencement of Insolvency Proceedings by : Dennis Faber
Download or read book Commencement of Insolvency Proceedings written by Dennis Faber and published by OUP Oxford. This book was released on 2012-03-29 with total page 1351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume in the new Oxford International and Comparative Insolvency Law Series. The series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings. This volume addresses the commencement of insolvency proceedings over business debtors and the conditions in which they may arise. It explains the types of proceedings available and the participants involved. The book also analyses the effect of such action on the various players, assets and liabilities concerned. The detail and uniform nature of the treatment of topics helps practitioners to understand specific features of a foreign legal system and effectively brief foreign counsel. For all readers, the book provides access, through analysis in the detailed commentary, to material that was previously only available in a foreign language. Most major legal families (including various mixed legal systems) are covered to reflect the needs of the international insolvency community and intergovernmental organizations. This is the only book that offers a thorough comparative analysis of existing domestic insolvency laws concerning the opening of insolvency proceedings in the main economically developed and emerging countries.
Book Synopsis Hardship and Force Majeure in International Commercial Contracts by : Fabio Bortolotti
Download or read book Hardship and Force Majeure in International Commercial Contracts written by Fabio Bortolotti and published by Kluwer Law International B.V.. This book was released on 2019-07-15 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Force Majeure and Hardship are commonly invoked in international trade when unforeseen events occur making performance impossible or impracticable. Most national legislators provide rules to deal with these issues, but the specifi c solutions adopted in domestic laws vary substantially from one country to another. In recent years the growing complexity of trade in a globalized world has greatly increased the number of situations where a party can invoke force majeure or hardship. Parties need to be able to analyse the nature and characteristics of force majeure and hardship and look for contractual clauses which can regulate these issues in conformity with their needs. Written by international practitioners, this dossier explores the evolution of the rules on hardship, the ICC Clause on Hardship and the perspectives of contract adaptation by arbitrators. The section on Force Majeure includes an overview of recent arbitral case law (impediment beyond sphere of control and risk of the obligor; foreseeability; causation; notice requirement), analysis of the ICC 2003 Force Majeure Clause and an update on its revision. Two other important themes are included: the relationship between force majeure and applicable law, general principles of law and trade usages as well as the impact of economic sanctions.
Book Synopsis African Law(s) by : Salvatore Mancuso
Download or read book African Law(s) written by Salvatore Mancuso and published by BRILL. This book was released on 2023-09-29 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a comparative law perspective and proposes a new approach for researching law in Africa. Western theoretical perspectives in comparative law are too Eurocentric to fully catch the peculiarities and characteristics of the African “lawscape”—in short, they are inadequate for studying African law. In this book, Professor Salvatore Mancuso considers the law in Africa from a different perspective. Deeply rooted in the culture of the African people, this approach considers African legal culture with the same legitimacy as Western legal culture, setting a precedent for future policy-making decisions relating to legislative development in Africa.
Book Synopsis Contracts Between Ecclesiastical Entities According to Canon Law by : Joseph Clifford N. Ndi
Download or read book Contracts Between Ecclesiastical Entities According to Canon Law written by Joseph Clifford N. Ndi and published by Logos Verlag Berlin GmbH. This book was released on 2018-08-28 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within ecclesiastical circles, both from the perspective of legal practice and ordinary relational matters between ecclesiastical entities, the theme of contract very scarcely occupies a place of prominence. It is a situation that is due on the one hand, and to a large extent, to the fact that the canonisation of civil law on contracts (c. 1290 CIC/1983) has had the consequence of transferring the preoccupation of the entities on this matter to the domain of civil law. Besides, and still connected to the above, is the tendency to attribute a merely pastoral relevance to their relationships, with little or no reference to the juridic aspects inherent in these relationships. It is a situation that is largely responsible for the crisis which do not uncommonly characterise some of these relationships as verified over the centuries; particularly in the relationship between dioceses and religious institutes. The issuance of various papal and conciliar exhortations before and after Vatican II, as well as the normative instructions and legal provisions contained in various juridic documents, most prominently cc. 271, 520, 681 and 790 of CIC/1983, has gone a long way to dissipate some of the tensions of the past. However, the true nature of how the contractual relationship between ecclesiastical entities, including the attendant issues of conceptual understanding, civil status of ecclesiastical entities, resolution of contractual disputes, etc., remains a matter of investigative interest for the canonist. This is, in a nutshell, the substance of this research work. The conclusions arrived at offer the reader an insight into the available untapped resources within the ecclesiastical legal system, as well as some considerable possibilities which remain to be explored to the benefit of the subjects of canon law.
Book Synopsis The Law of Open Societies by : Jürgen Basedow
Download or read book The Law of Open Societies written by Jürgen Basedow and published by BRILL. This book was released on 2015-06-02 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning – as compared with ex post adjudication – of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.
Book Synopsis International Cooperation in Bankruptcy and Insolvency Matters by : Bob Wessels
Download or read book International Cooperation in Bankruptcy and Insolvency Matters written by Bob Wessels and published by Oxford University Press. This book was released on 2009-04-16 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Cooperation in Bankruptcy and Insolvency is published in cooperation with the International Insolvency Institute and the American College of Bankruptcy. The Honorable Bruce A. Markell, Dr. Bob Wessels and Prof. Jason Kilborn provide readers with invaluable insights into the origin, development and future of communication and cooperation in cross-border insolvency cases between insolvency practitioners and the courts. The globalization of the world's economy has led to highly complex international aspects of financial reorganization and restructuring. This publication analyzes the structures, systems, and practices that have developed and are quickly emerging to coordinate and enhance international administrations.
Book Synopsis The World Bank Legal Review by : Hassane Cisse
Download or read book The World Bank Legal Review written by Hassane Cisse and published by World Bank Publications. This book was released on 2012-12-11 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth volume of the World Bank Legal Review contains essays that examine how innovations in law, and efforts to empower the poor, can help achieve development objectives.
Book Synopsis Rome Convention - Rome I Regulation by : Alexander J. Belohlávek
Download or read book Rome Convention - Rome I Regulation written by Alexander J. Belohlávek and published by Juris Publishing, Inc.. This book was released on 2011-01-01 with total page 1636 pages. Available in PDF, EPUB and Kindle. Book excerpt: As of 17 December 2010, the Rome I Regulation (EU Regulation 593/2008) on the law applicable to contractual obligations is directly applicable in all EU Member States with the exception of Denmark. The Rome I Regulation replaces the Rome Convention of 1980 in the EU Member States and will apply to all contracts concluded as of 17 December 2010. However, and herein lies the utility and great importance of this work, the Rome Convention and the Rome I Regulation will be applied in parallel for a significant time to come (the author himself anticipates a ten-to-fifteen year period); in the latter case to contracts made after 17 December, 2010. This is why this commentary takes into account both sources of law, in their mutual interaction and broader context. The comprehensiveness of the Rome Convention / Rome I Regulation is clearly apparent, but one of the great achievements of the author is his amassing of over 1,800 judicial decisions, most of which are furnished with a detailed commentary; where these decisions apply national laws, the latter are cited both in the original and in translation. For a number of rulings, the commentary include not only a case summary of the facts and an analysis of the conclusions drawn by the court, but also takes them as models to hypothesize what conclusions would be reached if the Rome I Regulation were to be applied.
Book Synopsis International Handbook of Cooperative Law by : Dante Cracogna
Download or read book International Handbook of Cooperative Law written by Dante Cracogna and published by Springer Science & Business Media. This book was released on 2013-12-12 with total page 813 pages. Available in PDF, EPUB and Kindle. Book excerpt: The degree of development reached by cooperatives of different sectors throughout the world, which among others led to the UN declaring 2012 as the International Year of Cooperatives, needs to be accompanied by a similar development of corresponding legislation. To this end, a better knowledge of cooperative law from the comparative point of view, as has already been established for other types of enterprises, becomes of great importance. This book strives to fill this gap, and is divided into four parts. The first part offers an analytic and conceptual framework with which to understand, study and assess cooperative law from a transnational and comparative perspective. The second part includes several chapters dealing with attempts to harmonize cooperative laws. The third part contains an overview of more than 30 national cooperative laws, while the last part summarizes and compares these national cooperative laws, thus laying the foundation for a comparative cooperative law doctrine.
