Indian Legal Literature

2008 ◽  
Vol 36 (2) ◽  
pp. 300-302
Author(s):  
Surendra Malik
Keyword(s):  
Case Law ◽  
Point Of View ◽  
Legal Literature ◽  
Statutory Law ◽  
The Law

Indian Legal literature is comprehensive and exhaustive in that it fully encompasses the law prevailing in India in all its varied aspects. Statutory law, case law, and minor portions of customary and religion-based laws are well documented and readily accessible. Fortunately, from the point of view of a foreign reader, nearly all of the law currently prevalent in India is available in English.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 16 Morocco: Moroccan Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Zaher Khalid
Keyword(s):  
Public Policy ◽  
International Law ◽  
Case Law ◽  
Vital Role ◽  
Private International Law ◽  
Statutory Law ◽  
The Hague ◽  
The Law

This chapter examines Moroccan perspectives on the Hague Principles. In Morocco, the sources of private international law applicable to international commercial contracts are both of a national and an international nature. International sources include mainly treaties and, to a lesser extent, international customs to which the Moroccan courts may refer in particular cases. National sources are statutory law, case law, and scholarly writings. Case law has always played a vital role in the development and the interpretation of the rules applicable to international commercial contracts. It is indeed the role of the courts to determine the scope of law chosen by the parties and to delimit the boundaries of international public policy as a limit to the application of the law chosen by the parties. Moroccan courts consider international customs as important sources in respect of international contracts and arbitration. Having frequently used the universally accepted principles of private international law, Moroccan courts could easily draw on the Hague Principles to find solutions to certain questions that have not been addressed by the legislature.

National Report for Tanzania

2013 ◽  
Author(s):  
Benhajj Shaaban Masoud
Keyword(s):  
Case Law ◽  
Theory And Practice ◽  
General Law ◽  
National Report ◽  
General Rules ◽  
Statutory Law ◽  
The Law

The law relating to the treatment of contracts in insolvency in Tanzania—as is true for the general law on insolvency in Tanzania—is neither well developed in theory and practice nor quite explicit in a number of aspects. The lack of extensive application of the law is due to lack of material circumstances in which the law could apply and systematically evolve and develop. Recently, the law has tended to develop through other laws that address specific matters that have implications for insolvency. The statutory law as it exists to date has some general rules that govern the treatment of contracts in insolvency, although the case law is almost non-existent.

scholarly journals Servants or Masters? Linguistic Aids in Legal Interpretation

2021 ◽  
Vol 10 (1) ◽  
pp. 73-102
Author(s):  
Paulina Konca
Keyword(s):  
Case Law ◽  
Legal Interpretation ◽  
Legal Regulations ◽  
Correct Interpretation ◽  
Fourth Section ◽  
The Third ◽  
Ordinary Meaning ◽  
Legal Literature ◽  
The Law

This paper presents the role of some intrinsic sources in legal interpretation. Some of linguistic aids follow from provisions of the law and other from the commonly accepted ruling practice or views expressed in literature. The position of those aids was verified through the analysis of case-law, literature, and provisions of law. The first section and second section focus on the priority of plain meaning rule and intrinsic sources in legal interpretation which is strongly emphasized in legal literature, case-law and the interpretative provisions of many countries. Next, it presents how certain linguistic tools work in case law practice, what problems they can cause and what problems they can solve. The third point addresses the use of dictionaries as tools of linguistic interpretation. The fourth section explores the role of selected interpretative canons often found in legal regulations and case law practice: ordinary meaning canon, gender/number canon, ejusdem generis canon, presumption of consistent usage and prefatory-materials canon. It is concluded that the priority of a linguistic interpretation is not absolute and can never be understood as its exclusivity. Linguistic tools are not in themselves determinants of correct meaning. In order to make a correct interpretation, it is necessary not to be guided, by indications labelled as objective, sometimes artificially imposed, but by the intention of the legislator, which such tools may discover and should only be used for that purpose. 

scholarly journals Sądowa kontrola decyzji organów podatkowych w sprawach ulg w spłacie zobowiązań podatkowych opartych na uznaniu administracyjnym

2021 ◽  
Vol 30 (4) ◽  
pp. 441
Author(s):  
Andrzej Niezgoda
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Case Law ◽  
Point Of View ◽  
Administrative Discretion ◽  
The Public ◽  
Procedural Law ◽  
Tax Relief ◽  
The Law ◽  
Administrative Courts

<p>The article is of a scientific-research nature. The author discusses the problem of limits of judicial review of discretionary decisions made by taxation authorities, which aim at applying relief in payments of tax liabilities under Polish regulations and case-law of administrative courts. It may be noted that despite the issue of administrative discretion being discussed in the academic literature, the question of limits of judicial review in the practice of administrative courts still raises doubts. It is therefore reasonable to undertake the analysis of the main views formulated in the literature and the case-law of administrative courts addressing this problem, from the point of view of the limits of judicial review of discretionary decisions. The thesis of the article is that the nature of discretionary decisions on relief in payment of tax liabilities, determined by the function of administrative discretion, and, at the same time, the criteria set out in the law for judicial review of public administration, limit the role of the administrative court in examining the compliance with procedural law of the tax proceedings preceding the issuance of such a decision and the respecting by tax authorities of the fundamental values of the system of law expressed in the Polish Constitution. This is because they define the limits of administrative discretion, within which the choice of one of the possible solutions remains beyond the judicial review of the public administration. For the law, as it stands (<em>de lege lata</em>) there are no grounds for administrative courts, provided that the tax authorities respect the basic values of the legal system expressed in the Polish Constitution, to formulate assessments as to the circumstances and reasons justifying the granting or refusal to grant a tax relief, or its scope. The concept of internal and external limits of administrative discretion may therefore be useful for administrative court rulings.</p>

Cross & Tapper on Evidence

2018 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Fast Moving ◽  
Critical Appraisal ◽  
Case Law ◽  
Legal Literature ◽  
English Law ◽  
The Law ◽  
Law Of Evidence

Cross & Tapper on Evidence has become firmly established as a classic of legal literature. This thirteenth edition reflects on all recent changes and developments in this fast-moving subject. In particular, it fully examines new case law relevant to evidence of privilege, character, and hearsay. The inclusion of some comparative material provides an excellent basis for the critical appraisal of English law. This book remains the definitive guide to the law of evidence.

Sijilmâsî's Manual of Maghribî 'amal, al-'Amal al-Muṭlaq: A Preliminary Examination

1974 ◽  
Vol 5 (4) ◽  
pp. 484-496
Author(s):  
Henry Toledano
Keyword(s):  
West Africa ◽  
Case Law ◽  
North West ◽  
Special Collections ◽  
Judicial Practice ◽  
Preliminary Examination ◽  
Legal Literature ◽  
The Law

Juristically speaking, ‘amal means the practice of the courts, and in Mâlikî doctrine it has a regulative force. As it developed in North West Africa, and especially in Morocco, ‘amal represents a unique instance of Muslim case-law. A wealth of Maghribî legal literature bears witness to the paramount importance and the success that ‘amal has acquired as an official source of the law in Morocco. This literature includes collections of ‘responsa’ (fatâwî), ‘opinions’ (ajwibah), ‘precedents’ (nawâzîl), and ‘formularies’ (wathâiq). But besides these general works, there exist special collections of judicial precedents with critical and analytical commentaries. These were designed to serve as practical ‘amal manuals for the qâdîs, who, in Mâlikî doctrine, are required to follow the judicial practice even when it runs contrary to the predominant opinion (mashhûr) of the school.

scholarly journals Improving the Regulation of Joint Rights in Civil Law

2021 ◽  
Vol 17 (30) ◽  
pp. 69
Author(s):  
Ekaterine Nandoshvili
Keyword(s):  
Common Property ◽  
Practical Importance ◽  
Civil Law ◽  
Case Law ◽  
Systematic Analysis ◽  
Legal Literature ◽  
The Common ◽  
The Law ◽  
Correct Understanding ◽  
Full Protection

This paper focuses on analyzing the norms regulating joint rights, presents their shortcomings, and criticizes the misconceptions expressed in the legal literature about the types of common property, joint rights, and co-ownership. The paper considers the incompleteness of the provisions regulating the legal consequences of the abolition of joint rights as a serious shortcoming of the Civil Code of Georgia. A novelty is a mechanism proposed in this paper, and it is possible to assign the entire property to one of the participants in case of abolition of joint right, in exchange for compensation for the shareholder who requests the abolition of joint right and the allocation of the amount. The objective of the paper is to analyze certain aspects of the regulation of joint rights, which, together with the theoretical, have the practical importance that will contribute to a correct understanding of a number of issues and the correct qualification of the rights and obligations of participants of the legally binding relationship, rising on the basis of joint rights. To achieve this objective, logical and systematic analysis of norms as well as comparative-legal methods are used. Using these methods, it is possible to determine the strengths and weaknesses of the norms of Georgian law or to better understand their content, to identify gaps in the legislation in court practice, as well as to develop proposals and recommendations for the improvement of norms and practice. The problems are analyzed using the examples of Georgian, German, and Swiss civil law. The common features and shortcomings were identified between the Georgian and German models regarding the issue of the consequences of the abolition of joint rights. The Swiss model appears to be the most perfect and effective model among the named ones. The study found that neither in practice nor under the law is a shareholder allowed to sell the joint item in an auction by redeeming the shares of other owners. The extinction of this opportunity for the owner reduces the essence of ownership. In order to extend the guarantees for full protection of the property rights, a view is proposed on the need to develop an approach, similar to the Swiss model, and the implementation should be ensured by case law before the law is changed.

1. Introduction

2019 ◽  
pp. 1-38
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Case Law ◽  
Employment Law ◽  
Legal Subject ◽  
Statutory Law ◽  
History Of ◽  
The Subject ◽  
The Law

This book focuses on employment law, which has been the subject of as rapid a transformation as can have happened to any legal subject in recent times, and is certainly one of the most difficult areas of law in which to keep up to date. In some ways employment law is a curious mixture of ancient and modern, for much old law lies behind or at the basis of new statutory law and in some cases the old law continues to exist alongside the new. The subject is, however, unrecognizable from what it was only 40 years ago, with the enormous increase in statute law and the ever-increasing volume of case law on the modern statutes. Thus, the intending student must be able to exercise the lawyer’s skill in dealing with both extensive case law and major statutes, sometimes of astounding complexity. As well as setting out the history of this area of law, this chapter covers important background features of procedure and the enforcement of the law through tribunals, including significant developments such as ACAS early conciliation, the fiasco over tribunal fees, and possible future reforms to the system of adjudication.

1. Introduction

2019 ◽  
pp. 1-37
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Case Law ◽  
Employment Law ◽  
Legal Subject ◽  
Statutory Law ◽  
Recent Developments ◽  
History Of ◽  
The Subject ◽  
The Law

This book focuses on employment law, which has been the subject of as rapid a transformation as can have happened to any legal subject in recent times, and is certainly one of the most difficult areas of law in which to keep up to date. In some ways employment law is a curious mixture of ancient and modern, for much old law lies behind or at the basis of new statutory law and in some cases the old law continues to exist alongside the new. The subject is, however, unrecognizable from what it was only 40 years ago, with the enormous increase in statute law and the ever-increasing volume of case law on the modern statutes. Thus, the intending student must be able to exercise the lawyer’s skill in dealing with both extensive case law and major statutes, sometimes of astounding complexity. As well as setting out the history of this area of law, this chapter covers important background features of procedure and the enforcement of the law through tribunals, including recent developments such as ACAS early conciliation, the fiasco over tribunal fees, and possible future reforms to the system of adjudication.

scholarly journals The First Limb of Barnes v Addy: A Taxonomy in Tatters

2015 ◽  
Vol 15 (1) ◽  
Author(s):  
The Hon Justice David J S Jackson
Keyword(s):  
New South ◽  
New South Wales ◽  
Point Of View ◽  
Law Reform ◽  
High Court ◽  
The Core ◽  
South Wales ◽  
Statutory Law ◽  
The Law ◽  
Court Of Appeal

<em>This lecture is given in tribute to Tony Lee. That is only fitting. He is a scholar of international significance and he was personally responsible for much of the core statutory law reform in this State on the subjects of Trusts and Succession Law. Not long after the High Court’s decision in Farah Constructions Pty Ltd v Say-Dee Pty Ltd (‘Farah’), I asked Professor Lee what he thought about it. He said this: ‘Well, David, after all these years of reading cases I think that cases where plaintiffs don’t win generally don’t decide very much about the law.’ Then he said: ‘But I don’t know, what do you think?’ I was taken aback. At that time, I was full of the joys of the High Court’s decision. First, I thought it had rescued indefeasibility from the scrap heap, particularly so far as bank mortgages were concerned. Secondly, whilst I now agree with Professor Keith Mason’s point of view that the High Court’s treatment of the New South Wales Court of Appeal was intemperate, I was not unhappy then that the High Court had stemmed the tide of those who were intent on bending first limb Barnes v Addy liability into a restitutionary framework.</em>

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