‘Benefit at no cost’—should squatters pay rent? A comparative analysis of gain-based awards for trespass in the Common Law and customary Talmudic Law

2017 ◽  
Vol 8 (2) ◽  
pp. 146-176
Author(s):  
Avichay Sharon
Keyword(s):  
Comparative Analysis ◽  
Common Law ◽  
The Common

scholarly journals Transparency in corporate governance: Extent of directors duty to declare interest in company’s transactions

2015 ◽  
Vol 11 (1) ◽  
pp. 137-148 ◽  
Author(s):  
Anthony O. Nwafor
Keyword(s):  
South Africa ◽  
Corporate Governance ◽  
United Kingdom ◽  
Comparative Analysis ◽  
Common Law ◽  
Men And Women ◽  
Legal Personality ◽  
The Common ◽  
The Law ◽  
Important Position

The realization that the directors occupy important position in corporate governance, and as business men and women, cannot be prevented from having dealings with the company, demand a close scrutiny of corporate transactions in which they are directly or indirectly involved or have an interest to ensure that such interest is not placed above their duty to the company. One of the ways in which the law strives to achieve this balance is by imposing a duty on the director to disclose to the board any interest he has in company’s transactions. This requirement which was previously governed by the common law and the company’s articles, is presently increasingly finding a place in companies statutes in different jurisdictions. The paper examines, through a comparative analysis, the provisions on the duty of the director to disclose interest in company’s transactions in South Africa and United Kingdom with the aim of discovering the extent to which the statute in both jurisdictions upholds the common law prescriptions. The paper argues that the need for transparency in corporate governance and the preservation of the distinct legal personality of the company demand that the duty to disclose interest should be upheld even in those cases of companies run by a sole director.

Third Party Beneficiary: A Comparative Analysis

1976 ◽  
Vol 11 (3) ◽  
pp. 315-338 ◽  
Author(s):  
Gabriela Shalev
Keyword(s):  
Comparative Analysis ◽  
Legal System ◽  
Common Law ◽  
Third Party ◽  
Critical Examination ◽  
Legal Research ◽  
General Part ◽  
The Common ◽  
Comparative Survey ◽  
The Right

Chapter 4 of the new Israeli Contracts (General Part) Law, 1973, introduces the concept of a contract in favour of a third party, while granting express recognition to the right of a third party beneficiary. Even those, (including the author) who maintain, that the right of a third party beneficiary could and should be derived, even before the commencement of the new Law, from the general principles and premises of the old Israeli law of contract, cannot fail to see in the above-mentioned chapter an important innovation in the Israeli legal system.This paper is a comparative analysis of the institution of third party beneficiary. The analysis will consist of a presentation and critical examination of the central concepts and doctrines involved in the institution under discussion, and it will be combined with a comparative survey of the arrangements adopted in various legal systems. The choice of this approach stems from the particular circumstances of the new legislation.While in most countries, comparative legal research is a luxury, in Israel it is a necessity. The new legislation in private law is inspired to a great extent by Continental codifications. As far as the law of contract is concerned, Israel is now in the process of becoming a “mixed jurisdiction”: departing from the common law tradition and technique, and heading towards an independent body of law, derived from various sources, mainly Continental in both substance and form.

Climate Change Liability: Comparing Risks for Directors in Jurisdictions of the Common and Civil Law

Climate Law ◽  
2020 ◽  
Vol 10 (2) ◽  
pp. 151-196
Author(s):  
Rolf H. Weber ◽  
Andreas Hösli
Keyword(s):  
Climate Change ◽  
Decision Making ◽  
Comparative Analysis ◽  
Common Law ◽  
Civil Law ◽  
Social Impacts ◽  
Securities Law ◽  
The Common

Businesses are increasingly expected to consider the environmental and social impacts of their undertakings. In recent years, the focus has shifted to climate-change-related aspects of corporate behaviour. While climate change litigation against corporations continues to evolve globally, there is a growing debate with regard to directors’ duties: are directors expected to consider climate-change-related risks in their decision making? If yes, to what extent? The issue has received considerable attention from commentators in relation to common law jurisdictions, but so far it has been less discussed in relation to civil law countries. This article attempts to contribute to filling this gap by presenting a comparative analysis, with a main focus on claims based on corporate and securities law.

Material Liberty and the Administrative State

2020 ◽  
pp. 956-987
Author(s):  
Francesca Bignami
Keyword(s):  
Comparative Analysis ◽  
Future Development ◽  
Common Law ◽  
Comparative Law ◽  
Public Law ◽  
Individual Rights ◽  
Administrative State ◽  
Public Action ◽  
American Law ◽  
The Common

This chapter draws on three aspects of German public law to throw into sharp relief the absence of substantive protection for material rights in the American administrative state. It first briefly deals with two conceptual issues important for comparative analysis: the scope of public action covered by the concept of the administrative state, and the type of rights that come under the umbrella of material liberty. The chapter then presents the American public law on individual rights and the heavily procedural cast of those rights. This is followed by a presentation of the key elements of German public law that promote substantive fairness for material rights and that bring to light the particularities of American law. The chapter concludes by pointing to the implications for general comparative law theories of the common law tradition and for the possible future development of American law.

Judicial Oversight of Procedural Fairness and Propriety in Europe: Diversity Within Commonality

2021 ◽  
pp. 339-366
Author(s):  
Giacinto della Cananea
Keyword(s):  
Comparative Analysis ◽  
Common Core ◽  
Common Law ◽  
Civil Law ◽  
Judicial Independence ◽  
Procedural Fairness ◽  
Administrative Law ◽  
Legal Systems ◽  
The Common ◽  
Initial Focus

This chapter explores the common and distinctive elements that emerge from the comparative analysis of legal systems, in terms of commonality and diversity in administrative law. It begins by outlining the main institutional features of the legal systems selected for the comparison, with an initial focus on the idea of a 'divide' between civil law and common law. The two important features of the legal systems examined in this book include judicial independence and judicial specialization. The chapter then discusses the procedural requirements at the heart of the factual analysis. It concludes by reflecting on the relevance and significance of this analysis for the general enquiry concerning the common core of European administrative laws.

scholarly journals Whither, hither and thither, Res Gestae? A comparative analysis of its relevance and application

2021 ◽  
pp. 136571272110361
Author(s):  
Edwin Teong Ying Keat
Keyword(s):  
United Kingdom ◽  
Comparative Analysis ◽  
New Zealand ◽  
Common Law ◽  
Probative Value ◽  
Inadmissible Evidence ◽  
The Common ◽  
Analysis Of Cases ◽  
Hearsay Evidence

In Singapore, the common law doctrine of r es gestae (‘RG’) risks becoming extinct given the statutory inclusions of hearsay evidence. Further, the test for RG is unsettled. This article thus argues that RG is still relevant but must be applied principally. It is relevant because first, it is unwise to uproot a doctrine existing since 1808. Second, comparative analysis of cases from United Kingdom, India, New Zealand and Australia evinces the residual need for RG. Third, a modified approach to applying it can in fact exclude inadmissible evidence. This article further proposes a three-strand test. First, as a preliminary requirement, objectively, there was no concoction involved. Second, the evidence must relate to a fact-forming part of the same transaction but was not contemplated in s. 32(1) of the Evidence Act. Third, the evidence must have sufficient probative value to outweigh its prejudicial effect.

scholarly journals Forum Non Conveniens in Australia: A Comparative Analysis

2009 ◽  
Vol 38 (3) ◽  
pp. 207-244 ◽  
Author(s):  
Anthony Gray
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Common Law ◽  
Private International Law ◽  
The Us ◽  
Forum Non Conveniens ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
The Uk

This paper critically examines the law of forum non conveniens, in particular the use of the ‘clearly inappropriate forum’ test in Australia, compared with the ‘more appropriate forum’ test applied in jurisdictions such as the UK and the US. It traces the development of the law in the UK in relation to forum non conveniens, including the English acceptance of the doctrine, and how it has been applied in various cases. Some criticism of the ‘more appropriate forum’ test is noted, and it is not recommended that the courts adopt the ‘laundry list’ approach evident in some US decisions, where up to 25 different factors are considered in assessing a forum non conveniens application. It considers the Australian ‘clearly inappropriate forum’ test, and concludes that the ‘clearly inappropriate forum’ test should no longer be followed in that it is unnecessarily parochial and is not consistent with other goals of the rules of private international law including comity. Links between Australia and the subject matter may well be tenuous. Confusion attends the application of the test in Australia at present, the court has rejected the English approach but claims to apply some of the factors mentioned in the English approach in the Australian test, and there is an undesirable schism between statutory rules applicable in domestic cases and the approach when the common law doctrine of forum non conveniens is used. The law regarding forum non conveniens should be harmonious with choice of law rules, and interest analysis can assist in formulating the desired approach to forum non conveniens applications.

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