Gifts

Author: Richard Hyland
Editor: Oxford University Press
ISBN: 0195343360
Size: 18,48 MB
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Gifts: A Study in Comparative Law is the first broad-based study of the law governing the giving and revocation of gifts ever attempted. Gift-giving is everywhere governed by social and customary norms before it encounters the law and the giving of gifts takes place largely outside of the marketplace. As a result of these two characteristics, the law of gifts provides an optimal lens through which to examine how different legal systems engage with social practice. The law of gifts is well-developed both in the civil and the common laws. Richard Hyland's study provides an excellent view of the ways in which different civil and common law jurisdictions confront common issues. The legal systems discussed include principally, in the common law, those of Great Britain, the United States, and India, and, in the civil law, the private law systems of Belgium and France, Germany, Italy, and Spain. Professor Hyland also serves a critique of the dominant method in the field, which is a form of functionalism based on what is called the praesumptio similitudinis, namely the axiom that, once legal doctrine is stripped away, developed legal systems tend to reach similar practical results. His study demonstrates, to the contrary, that legal systems actually differ, not only in their approach and conceptual structure, but just as much in the results.

Philosophical Foundations Of Fiduciary Law

Author: Andrew S. Gold
Editor: OUP Oxford
ISBN: 0191005290
Size: 19,12 MB
Format: PDF
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Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.

Critical Studies In Ancient Law Comparative Law And Legal History

Author: John Cairns
Editor: Bloomsbury Publishing
ISBN: 1847310257
Size: 16,47 MB
Format: PDF
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This important collection of essays is at the cutting edge of contemporary research on Roman law, comparative law, and legal history. The international and distinguished group of authors address some of the most lively contemporary problems in their respective fields, and provide new perspectives and insights in a wide range of areas. With a firm focus on texts and contexts, the papers come together to provide a coherent volume dedicated to one of the greatest contemporary Romanists, legal historians and comparative lawyers. The book covers Professor Watson's main fields of interest in a clear and accessible form, while also making available the scholarship of some individuals who do not normally publish in English. This fully-indexed volume will be of interest to all scholars and students of Roman law, ancient Jewish and Chinese law, legal history and comparative law, and will be useful for teaching and research in these fields.

Freda The Fearless

Author: Sarah McConnell
Editor: Hodder Children's Books
ISBN: 9780340989159
Size: 15,53 MB
Format: PDF, ePub
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Gifts: A Study in Comparative Law is the first broad-based study of the law governing the giving and revocation of gifts ever attempted. Gift-giving is everywhere governed by social and customary norms before it encounters the law and the giving of gifts takes place largely outside of the marketplace. As a result of these two characteristics, the law of gifts provides an optimal lens through which to examine how different legal systems engage with social practice. The law of gifts is well-developed both in the civil and the common laws. Richard Hyland's study provides an excellent view of the ways in which different civil and common law jurisdictions confront common issues. The legal systems discussed include principally, in the common law, those of Great Britain, the United States, and India, and, in the civil law, the private law systems of Belgium and France, Germany, Italy, and Spain. Professor Hyland also serves a critique of the dominant method in the field, which isa form of functionalism based on what is called the praesumptio similitudinis, namely the axiom that, once legal doctrine is stripped away, developed legal systems tend to reach similar practical results. His study demonstrates, to the contrary, that legal systems actually differ, not only in their approach and conceptual structure, but just as much in the results.

User Protection In It Contracts A Comparative Study Of The Protection Of The User Against Defective Performance In Information Technology

Author: Clarisse Girot
Editor: Kluwer Law International B.V.
ISBN: 904111548X
Size: 15,71 MB
Format: PDF
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This volume considers the theme of the protection of the user in the field of Information Technology, and more specifically in relation to software licences, electronic information services and Internet access services. Litigation in IT usually stems from the users' feeling that their expectations have been frustrated at performance. When dealing with such cases, the courts seem to increasingly take the objective of user protection into account. How is this protection implemented? Is this trend generally desirable? Is this judicial protection excessive? What are the constraints met by IT providers that should be taken into account in litigation? How can the user's position be improved? User Protection in IT Contracts extensively presents the reasons why, and the ways in which national courts may decide a case in favour of the user. Many practical issues are considered in this respect. Which factors appear relevant to deal with liability claims in IT? Are exemption clauses always enforceable? What are the implications of information duties for IT providers? How can general conditions be safely incorporated to a contract? This book exhaustively reviews these and other issues in English, Dutch and French law.

The Grounds For Divorce In Hindu And English Law

Author: P. K. Virdi
Editor: Motilal Banarsidass Publ.
ISBN: 9788120824539
Size: 15,29 MB
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This study traces the growth of the concept of divorce through the Dharmasastra, custom, case-law and legislation with special reference to the inter-pretation of the relevant provisions under the Hindu Marriage Act, 1955, pointing out how law has influenced society and vice versa. The work is comparative and presents a picture of the role played by English judicial precedent in Hindu law. For the legal profession as well as the student of modern comparative law this book should prove a valuable compact study.

Cambridge Studies In International And Comparative Law

Author:
Editor:
ISBN:
Size: 20,45 MB
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Roman Law Comparative Law

Author: Alan Watson
Editor: University of Georgia Press
ISBN: 9780820312613
Size: 16,50 MB
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Provides a comprehensive description of the system of Roman law, discussing slavery, property, contracts, delicts and succession. Also examines the ways in which Roman law influenced later legal systems such as the structure of European legal systems, tort law in the French civil code, differences between contract law in France and Germany, parameters of judicial reasoning, feudal law, and the interests of governments in making and communicating law.

The Legal Property Relations Of Married Parties

Author: Isidor Loeb
Editor: The Lawbook Exchange, Ltd.
ISBN: 1584774215
Size: 19,11 MB
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Loeb, Isidor. The Legal Property Relations of Married Parties: A Study in Comparative Legislation. New York: Columbia University Press, 1900. 197 pp. Reprint available September 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-421-5. Cloth. $80. * A title in Columbia's important series Studies in History, Economics and Public Law, this monograph is based on a doctoral thesis in jurisprudence written under the direction of E.R.A. Seligman and Frederick Hicks. Using examples from late-nineteenth century American and European legislation and codes, Loeb examines how industrial capitalism, urbanization and new ideas about the status of women and children during the late nineteenth century affected the field of matrimonial property relations, one of the oldest and most conservative areas of the law. His general observations are followed by detailed sections on changes in the areas of marriage and legal capacity, matrimonial property systems and the succession of married parties.

The Cambridge Companion To The Talmud And Rabbinic Literature

Author: Charlotte Elisheva Fonrobert
Editor: Cambridge University Press
ISBN: 1139827421
Size: 20,78 MB
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This volume introduces students of rabbinic literature to the range of historical and interpretative questions surrounding the rabbinic texts of late antiquity. The editors, themselves well-known interpreters of Rabbinic literature, have gathered an international collection of scholars to support students' initial steps in confronting the enormous and complex rabbinic corpus. Unlike other introductions to Rabbinic writings, the present volume includes approaches shaped by anthropology, gender studies, oral-traditional studies, classics, and folklore studies.