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A Comparative Analysis of the Standard of Fraud Required Under the Fraud Rule in Letter of Credit Law
Fraud Rule Fraud Required
2015/8/4
The fraud rule allows the issuer of a letter of credit or a court to disrupt the payment of a letter of credit when fraud is involved. The raison d’etre of letters of credit is to provide an absolute ...
The discipline ‘comparative law’ seems still to be distinguishing itself from lawmaking. In this paper I investigate theoretical reasons for this and propose a new type of concept of law, which should...
Montesquieu in England: his 'Notes on England', with Commentary and Translation
Notes on England Commentary and Translation
2015/8/4
Charles-Louis de Secondat, Baron de la Brède et de Montesquieu (1689-1755), is best known for The Spirit of Laws (De l'esprit des lois), published in 1748. This was arguably the first major work of le...
Le droit comparé comme interprétation et comme théorie du droit
evaluative nature following constitutive underlying
2015/8/4
As a scientific discipline, "comparative law" appears to operate on the following constitutive underlying assumptions: 1) comparative law is a transnational legal system; 2) it is an inquiry which all...
The present paper seeks to give a comparative overview of restitution for wrongs in three legal systems which deal with that institution from quite different perspectives. The terms "restitution for w...
Kleinwort Benson v Lincoln City Council1 is sometimes said to support the proposition that English law does, or should, allow restitution in every case where there is no valid legally recognised reaso...
Dignity - The Enemy from Within: A Theoretical and Comparative Analysis of Human Dignity as a Free Speech Justification
Theoretical and Comparative Analysis Enemy
2015/8/4
This Article challenges the use of human dignity as an independent free speech justification. The articulation of free speech in human dignity terms carries unwarranted potential consequences that may...
The Role of Reasonable and Unreasonable Mistake in Justified Defences A Comparative and Analytical Study
Justified Defences Analytical Study
2015/8/4
Justified defence negates the wrongful character of conduct that falls within the definition of an offence. Conduct performed under conditions of a justified defence does not constitute an offence. Fo...
The Adjudication of the German Federal Supreme Court (BGH) in the Last 55 Years - A Quantitative and Comparative Approach
German Federal Supreme Court Comparative Approach
2015/8/4
Today, many law journals can be accessed electronically. This is not only convenient but it also offers the interesting possibility of a quantitative analysis. In the US, this is already quite common,...
Comparative advertising has been widely used for over thirty years in the United States. By contrast, the use of this advertising format has traditionally been – and still is – very marginal in France...
The Law on Gender Parity in Politics in France and New Caledonia: A Window into the Future or More of the Same?
Politic France and New Caledonia
2015/8/4
The political participation of women in France and European and Kanak1 women in New Caledonia2 has been brought into sharp focus by an amendment to the French Constitution in mid-1999 (allowing for th...
Society's Most Vulnerable Under Surveillance: The Ethics of Tagging and Tracking Dementia Patients With GPS Technology: A Comparative View
Tagging and Tracking Dementia Patients Surveillance
2015/8/4
The twentieth century was marked by an explosion of human rights, what Irwin Cotler eloquently deems the "secular religion of our times"4. Endeavouring to protect society's most vulnerable – children,...
A Note on Comparative Family Law: Problems, Perspectives, Issues and Politics
Problems Perspectives Issues Politics
2015/8/4
Many comparatists view family law as an impenetrable and unproductive field of legal policy. This perspective invariably draws on Montesquieu and the argument that there are particularly close ties be...
A Microcosm of Comparative Law: the Overlay of Customary, French and English Family Law in Present Day Vanuatu
Overlay of Customary French
2015/8/4
The Pacific republic of Vanuatu is an archipelago of islands located off the East coast of Queensland, Australia, at 16 00 S and 167 00 E. To most people it is a speck on the map (Fig. 1). However, Va...
Systems Dynamics in the Law: A Comparative Approach to Certainty in the Common Law and Reviewability of Past Decisions
Law Systems Dynamics
2015/8/4
The present paper takes a fresh look at the issues of certainty of law and the problem of reviewability of past decisions. The author draws on experience in teaching law to students from exact science...