The Formal Structure of Choice-of-Law Rules

2018 ◽  
Author(s):  
Sagi Peari
Keyword(s):  
Formal Structure ◽  
Practical Significance ◽  
Choice Of Law ◽  
Judicial Decisions ◽  
American Interest ◽  
Limited Support ◽  
Primary Rule

This chapter traces the structure of choice-of-law rules and outlines the three leading methodologies: classical connecting factors, American interest analysis, and better law. Among the three methodologies, only the better-law methodology involves a substantive evaluation of the involved laws. Yet, one can make a division between two forms of better law: as a primary rule and as a secondary or subsidiary rule. Choice-of-law thought and judicial decisions treat these forms of better law in fundamentally different ways. The better law as a primary rule is vulnerable to a set of serious objections, lacks internal coherency within its own logic, and has received limited support in scholarly writings and in the courts. The situation is different with respect to the subsidiary version of better law. Its incorporation within traditional and contemporary choice-of-law doctrines and concepts underlies its practical significance for choice-of-law process.

scholarly journals Charakter prawny wyroków wydawanych przez Krajową Izbę Odwoławczą

2018 ◽  
pp. 147-167
Author(s):  
Konrad Różowicz
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Civil Law ◽  
Administrative Law ◽  
Practical Significance ◽  
Coherent System ◽  
National Board ◽  
Judicial Decisions ◽  
Legal Nature ◽  
The Common

The regulation of the legal nature of an appeal proceeding or a judgment crowning the proceeding is ambiguous and unclear. The National Appeals Chamber which issues a judgment decides upon the validity of a contract, the obligations of the contracting authority, financial penalties, and, indirectly, the actions taken by contractors. The influence of such decisions is of theoretical and practical significance and justifies an analysis presented in the paper. Thus the constitutive features of judgments handed down by a public administration body have been analysed and compared with typical forms of law enforcement (judicial decisions of the common courts, decisions issued by arbitration courts and individual administrative decisions). The latter have been given particular attention. The deliberations were based on the position of the doctrine of the law on public procurements, provisions of civil law and administrative law, as well as judicial decisions and judgments issued by the National Appeals Chamber. These were then analysed in the light of normative regulations of the Act on Public Procurements. The analysis revealed a multitude of problems resulting from the adoption by the legislature of atypical forms of action by the National Board of Appeal. The analysis provides the basis for further research aimed to create a coherent system regulating public procurements to ensure its proper functioning and to reduce the possibility of further interpretative problems.

A re-examination of the conflict rules governing the validity of international contracts

2020 ◽  
Vol 7 (2) ◽  
pp. 41-59
Author(s):  
Prince Obiri-Korang
Keyword(s):  
International Law ◽  
Common Law ◽  
Careful Examination ◽  
Private International Law ◽  
Choice Of Law ◽  
Judicial Decisions ◽  
Legitimate Interest ◽  
The Law ◽  
Governing Law

Generally, under choice of law, the issue of uncertainty associated with the determination of the governing law of international contracts is quite clear. The level of this uncertainty, however, increases when dealing with questions about which law governs the validity of such contracts. Like other areas of private international law, matters concerning validity present several unique challenges both in theory and in practice, making it the most complicated topic in private international law literature. In fact, the uncertainty in this area has led to a situation where different rules are applied by different states, without taking into consideration the link that should exist between the state whose law becomes applicable and the function that the law is expected to serve – determining the validity of a contract. This article attempts to contribute to existing literature on choice of law questions regarding the validity of international contracts and also provides solutions, based on the underlying principles of private international law of contract that effectively address the uncertainty in this area of law. The article submits that the law that governs the validity of an international contract must, at all times, be one that has a legitimate interest in matters concerning the legality or otherwise of such contracts. In this regard, the article strongly opposes the theory that the parties’ intention determines the law that governs the validity of their contract. After a careful examination of literature and landmark judicial decisions in both civil law and common law jurisdictions, the article concludes that the lex loci solutionis is the appropriate law to determine matters relating to the validity of international contracts.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 32 Malaysia: Malaysian Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Othman Effendy ◽  
Teck Fung Victor Wong ◽  
Rahmat Ahmad Zhaffir
Keyword(s):  
Member State ◽  
International Law ◽  
Private International Law ◽  
Choice Of Law ◽  
Judicial Decisions ◽  
Recognition And Enforcement ◽  
The Hague ◽  
Commercial Relationships

This chapter looks at Malaysian perspectives on the Hague Principles. Malaysia does not have any specific legislation or code for Private International Law. However, there are at least two specific acts which provide statutory guidelines for the recognition and enforcement of foreign decisions or awards in parties’ commercial relationships: the Malaysian Arbitration Act 2005 and the Reciprocal Enforcement of Judgment Act 1958. Additionally, Malaysia is a Member State of the Hague Conference on Private International Law (HCCH), albeit not a contracting State to any of the HCCH Conventions. The Malaysian Attorney General’s Office is presently studying several HCCH Conventions to determine whether Malaysia can become a party to any of them. For the most part, and in line with Malaysia being a part of the Commonwealth, the principles of private international law have developed through judicial decisions of the Malaysian courts in determining issues ranging from the jurisdiction of the courts, recognition and enforcement of foreign judgments, to parties’ choice of law in contracts. To this end, contracts governed by foreign laws are generally considered as valid in Malaysia, unless they fall under any of the categories of void contracts set out in section 24 of the Contracts Act 1950.

scholarly journals Charakter prawny wyroków wydawanych przez Krajową Izbę Odwoławczą

2019 ◽  
pp. 147-167
Author(s):  
Konrad Różowicz
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Civil Law ◽  
Administrative Law ◽  
Practical Significance ◽  
Coherent System ◽  
National Board ◽  
Judicial Decisions ◽  
Legal Nature ◽  
The Common

The regulation of the legal nature of an appeal proceeding or a judgment crowning the proceeding is ambiguous and unclear. The National Appeals Chamber which issues a judgment decides upon the validity of a contract, the obligations of the contracting authority, financial penalties, and, indirectly, the actions taken by contractors. The influence of such decisions is of theoretical and practical significance and justifies an analysis presented in the paper. Thus the constitutive features of judgments handed down by a public administration body have been analysed and compared with typical forms of law enforcement (judicial decisions of the common courts, decisions issued by arbitration courts and individual administrative decisions). The latter have been given particular attention. The deliberations were based on the position of the doctrine of the law on public procurements, provisions of civil law and administrative law, as well as judicial decisions and judgments issued by the National Appeals Chamber. These were then analysed in the light of normative regulations of the Act on Public Procurements. The analysis revealed a multitude of problems resulting from the adoption by the legislature of atypical forms of action by the National Board of Appeal. The analysis provides the basis for further research aimed to create a coherent system regulating public procurements to ensure its proper functioning and to reduce the possibility of further interpretative problems.

Specimen Preparation for Clinical Applications of X-Ray Microanalysis

1990 ◽  
Vol 48 (2) ◽  
pp. 328-329
Author(s):  
J.D. Shelburne ◽  
G.M. Roomans
Keyword(s):  
Carbon Coating ◽  
Clinical Applications ◽  
Point Of View ◽  
Practical Significance ◽  
Sweat Test ◽  
Specimen Preparation ◽  
Tissue Preparation ◽  
X Ray ◽  
Gallbladder Stones ◽  
Clinical Problems

Proper preparative procedures are a prerequisite for the validity of the results of x-ray microanalysis of biological tissue. Clinical applications of x-ray microanalysis are often concerned with diagnostic problems and the results may have profound practical significance for the patient. From this point of view it is especially important that specimen preparation for clinical applications is carried out correctly.Some clinical problems require very little tissue preparation. Hair, nails, and kidney and gallbladder stones may be examined and analyzed after carbon coating. High levels of zinc or copper in hair may be indicative of dermatological or systemic diseases. Nail clippings may be analyzed (as an alternative to the more conventional sweat test) to confirm a diagnosis of cystic fibrosis. X-ray microanalysis in combination with scanning electron microscopy has been shown to be the most reliable method for the identification of the components of kidney or gallbladder stones.A quantitatively very important clinical application of x-ray microanalysis is the identification and quantification of asbestos and other exogenous particles in lung.

Collective Efficacy and Organizational Commitment in an Italian City Hall

2009 ◽  
Vol 14 (4) ◽  
pp. 363-371 ◽  
Author(s):  
Laura Borgogni ◽  
Silvia Dello Russo ◽  
Laura Petitta ◽  
Gary P. Latham
Keyword(s):  
Organizational Commitment ◽  
Collective Efficacy ◽  
Structural Equation ◽  
Structural Equation Models ◽  
Practical Significance ◽  
City Hall ◽  
Italian City ◽  
Public Sector Managers ◽  
The Individual ◽  
Level Group

Employees (N = 170) of a City Hall in Italy were administered a questionnaire measuring collective efficacy (CE), perceptions of context (PoC), and organizational commitment (OC). Two facets of collective efficacy were identified, namely group and organizational. Structural equation models revealed that perceptions of top management display a stronger relationship with organizational collective efficacy, whereas employees’ perceptions of their colleagues and their direct superior are related to collective efficacy at the group level. Group collective efficacy had a stronger relationship with affective organizational commitment than did organizational collective efficacy. The theoretical significance of this study is in showing that CE is two-dimensional rather than unidimensional. The practical significance of this finding is that the PoC model provides a framework that public sector managers can use to increase the efficacy of the organization as a whole as well as the individual groups that compose it.

The Effects of Questionnaire Length and Behavioral Consequences on Careless Responding

2020 ◽  
Vol 36 (2) ◽  
pp. 410-420 ◽  
Author(s):  
Anthony M. Gibson ◽  
Nathan A. Bowling
Keyword(s):  
Self Report ◽  
Randomized Experiments ◽  
High Quality ◽  
Buffering Effect ◽  
Careless Responding ◽  
Main Effect ◽  
Limited Support ◽  
Report Data ◽  
Self Report Data ◽  
Consistent Support

Abstract. The current paper reports the results of two randomized experiments designed to test the effects of questionnaire length on careless responding (CR). Both experiments also examined whether the presence of a behavioral consequence (i.e., a reward or a punishment) designed to encourage careful responding buffers the effects of questionnaire length on CR. Collectively, our two studies found (a) some support for the main effect of questionnaire length, (b) consistent support for the main effect of the consequence manipulations, and (c) very limited support for the buffering effect of the consequence manipulations. Because the advancement of many subfields of psychology rests on the availability of high-quality self-report data, further research should examine the causes and prevention of CR.

Effect of Temperature on ADP-Induced Platelet Aggregation

1973 ◽  
Vol 29 (01) ◽  
pp. 183-189
Author(s):  
C. A Praga ◽  
E. M Pogliani
Keyword(s):  
Platelet Aggregation ◽  
Incubation Period ◽  
Room Temperature ◽  
Important Variable ◽  
Practical Significance ◽  
Effect Of Temperature ◽  
Induce Platelet Aggregation ◽  
Cuvette Holder ◽  
Exact Temperature

SummaryTemperature represents a very important variable in ADP-induced platelet aggregation.When low doses of ADP ( < 1 (μM) are used to induce platelet aggregation, the length of the incubation period of PRP in the cuvette holder of the aggregometer, thermostatted at 37° C, is very critical. Samples of the same PRP previously kept at room temperature, were incubated for increasing periods of time in the cuvette of the aggregometer before adding ADP, and a significant decrease of aggregation, proportional to the length of incubation, was observed. Stirring of the PRP during the incubation period made these changes more evident.To measure the exact temperature of the PRP during incubation in the aggre- gometer, a thermocouple device was used. While the temperature of the cuvette holder was stable at 37° C, the PRP temperature itself increased exponentially, taking about ten minutes from the beginning of the incubation to reach the value of 37° C. The above results have a practical significance in the reproducibility of the platelet aggregation test in vitro and acquire particular value when the effect of inhibitors of ADP induced platelet aggregation is studied.Experiments carried out with three anti-aggregating agents (acetyl salicyclic acid, dipyridamole and metergoline) have shown that the incubation conditions which influence both the effect of the drugs on platelets and the ADP breakdown in plasma must be strictly controlled.

Sign in / Sign up

Export Citation Format

Share Document