Comparative study of legal systems to impose an obligation of greening buildings in Japan.

2006 ◽  
Vol 41.3 (0) ◽  
pp. 619-624
Author(s):  
Jun Mitarai ◽  
Akira koshizawa
Keyword(s):  
Comparative Study ◽  
Legal Systems

A Comparative Study of International Maritime Conventions: Italian and Greek Perspectives

2017 ◽  
Vol 4 (2) ◽  
pp. 176-203
Author(s):  
Christina Zournatzi
Keyword(s):  
Comparative Study ◽  
Civil Law ◽  
Legal Framework ◽  
Legal Systems ◽  
Member States ◽  
Expert Analysis

This paper brings together a comparative study alongside expert analysis of the most important International Maritime Conventions of interest to two European Member States with extensive and significant maritime traditions, Italy and Greece. Initially the general legal framework of these two States with civil law systems is pointed out, followed by an analysis of the most influential and eminent maritime Conventions that have been implemented in the States’ legal systems. The Conventions on salvage, arrest of ships, maritime liens and mortgages and limitation of liability are considered and scrutinised. The methods and the legislative actions that the States adopted for the International rules to become part of their national legislative systems are examined thoroughly.

scholarly journals Conflict between Children’s Autonomy and Protection in Healthcare. Comparative Study between Spanish and Belgian Law

2019 ◽  
Vol 26 (4) ◽  
pp. 289-307
Author(s):  
Leyre Elizari Urtasun
Keyword(s):  
Comparative Study ◽  
Children And Adolescents ◽  
Medical Intervention ◽  
Comparative Perspective ◽  
Legal Systems

Abstract This article addresses the autonomy of children and adolescents in healthcare decisions, focusing on those ones that might entail a risk to the child’s life or health, especially when a medical intervention is refused. In these cases, a conflict between the recognition of the autonomy of the child and his or her protection arises, and various legal systems solve it in different ways. This study examines this issue from a comparative perspective between Belgian and Spanish laws, taking into account that the latter was rewritten in 2015 to leave out all underage patients’ decisions that could constitute a risk for their life or health.

scholarly journals Comparative Study of Civil Procedure in Common Law and Civil Law Systems

2016 ◽  
Vol 9 (5) ◽  
pp. 267
Author(s):  
Nader Ghanbari ◽  
Hassan Mohseni ◽  
Dawood Nassiran
Keyword(s):  
Comparative Study ◽  
Common Law ◽  
Civil Law ◽  
Civil Procedure ◽  
Judicial System ◽  
Specific Method ◽  
Legal Systems ◽  
Separate Branch ◽  
The Common ◽  
The Comparative Study

Comparing the legal systems is a specific method in which due to its important function is considered as a separate branch in law. None of the branches in law can place its knowledge merely on ideas and findings within the national borders. Several basic objections have been given regarding the definition and purpose of comparative study in civil procedure. In addition there are specific problems regarding studying practically the similar systems in a legal system like differences in purpose, definition and concept. In different legal systems like civil law and common law systems in which there is a divergence, even the judicial system`s organs and judges` appointment and judicial formalism are different, which add to the problems of the comparative study. Reviewing these differences could lead to a better understanding of these legal systems and recognizing the common principles in making use of each other`s findings considering these differences and indicate the obstacles of comparative study in this regard.

CRIMINAL PROCEDURE IN CONTEMPORARY CHINA: SOCIALIST, CIVILIAN OR TRADITIONAL?

2010 ◽  
Vol 59 (4) ◽  
pp. 1099-1127 ◽  
Author(s):  
Bo Yin ◽  
Peter Duff
Keyword(s):  
Comparative Study ◽  
Legal System ◽  
Natural Science ◽  
Criminal Procedure ◽  
Comparative Law ◽  
Legal Systems ◽  
Legal Analysis ◽  
Methodological Tool ◽  
The Comparative Study ◽  
Analytical Device

Taxonomy, as a methodological tool introduced from natural science, brought the categorization of legal systems to comparative law.1The term ‘legal family’2is normally used as a metaphor, because it recognizes that within each grouping there are many variations. Each of the legal families is regarded as a combination of fundamental features of legal systems which have certain similarities. As an analytical device, taxonomy renders the comparison of different laws and legal institutions manageable by means of simplifying or abstracting the diverse and complicated realities of a myriad of legal systems. As a result, the concept of legal families acts as a support for legal borrowing and transplantation, as well as comprising an inevitable part of most comparative law works. Even where as few as two jurisdictions are involved, the categorization of legal families is still a useful tool for most comparative legal analysis. Assisted by the notion of legal families, comparativists can readily understand and explore an unfamiliar legal system.3Normally, such scholars tend to accept the conventional or widely accepted categorization of a particular legal system as belonging to a certain legal family. However, without detailed scrutiny of the first-hand material, distortions may arise as a result of preconceptions held at the beginning of the comparative study.4

scholarly journals Towards more reasonable prescription in private law?

2020 ◽  
Vol 3 (53) ◽  
Author(s):  
Joanna Teresa Kruszyńska-Kola
Keyword(s):  
Comparative Study ◽  
Research Method ◽  
Civil Law ◽  
Original Research ◽  
Private Law ◽  
Legal Systems ◽  
Recent Developments ◽  
Practical Standpoint ◽  
Historical Comparative ◽  
Historical Periods

The author presents original research method enabling to answer the question ‘what is the ratio (rationale, justification) of prescription?’ not from theoretical but practical standpoint, as well as the results of its application in historical-comparative study. This study demonstrates that even bearing in mind the potential differences across legal systems and historical periods, it may be argued that there is something permanent and common in prescription, that the notion of a universal core of the ratio is indeed viable. Thus the aim of this paper is to assess — taking into account findings concerning the ratio of prescription — Swiss (OR 2020) and Polish proposals of modification and recent developments in the civil-law regulation of the said institution.

scholarly journals Regulating Terrorism Before the Act of Terror: A comparative study

2020 ◽  
Vol 2 (1) ◽  
pp. 37-48
Author(s):  
Frederick B. Fedynyshyn
Keyword(s):  
Comparative Study ◽  
Money Laundering ◽  
Legal Systems ◽  
Specific Approach ◽  
Western Countries ◽  
Financial Crimes ◽  
Benefits And Costs

In light of the growing risks that terrorism presents to civilised society, Western governments have adopted a broad range of laws and administrative regulations designed to thwart terrorists before they can commit acts of terror. Beyond mere conspiracy or attempt, these laws have sought to proscribe activity that exists as a stand-alone offence but that acts as a proxy for the sorts of offences that constitute true terror activity. This article serves to examine these various approaches. It groups these approaches into four categories: prohibitions on membership in terror organisations; intangible support to terror organisations; restrictions on travel to areas that have terror groups operating openly; and money laundering and other financial crimes tied to the financing of terror organisations. It then identifies a single example within each group to use as a case study to explore the contours of the specific approach, while tying the example to larger trends within Western countries’ legal systems. Finally, this article considers the implications for countries considering adopting one or more of these approaches, including the ways that multiple approaches can work in tandem. The article does not make specific recommendations, but rather recognises that each country’s government must consider the benefits and costs of adopting these approaches carefully and with an eye to both its security and its society.

scholarly journals The Role of Emergency Arbitrator in Commercial Arbitration (Comparative Study)

2018 ◽  
Vol 11 (4) ◽  
pp. 94
Author(s):  
Bassam Mustafa Tubishat ◽  
Khaldon Fawzi Qandah
Keyword(s):  
Comparative Study ◽  
Arbitral Tribunal ◽  
Legal Systems ◽  
Commercial Arbitration ◽  
Chamber Of Commerce ◽  
International Chamber Of Commerce

This study dealt with the arbitrator of emergency in commercial arbitration and this development is the most innovative in the rules of commercial arbitration of the International Chamber of Commerce in Paris in 1912, where a new trend was adopted with regard to interim and urgent measures before the final form of the arbitral tribunal. The International Chamber of Commerce has already adopted the rules of this system before the Arbitration Institute of the Stockholm Chamber of Commerce. The emergence of new systems in commercial arbitration needs to be examined in order to understand, interpret and check its suitability to the needs of the parties to the dispute in the framework of commercial arbitration. Among the most important new systems are the rules of emergency arbitrator, which have been taken by many commercial arbitration centers because of the advantages of one or both parties when it needs urgent and incidental measures that cannot wait until the formation of the arbitral tribunal. Therefore, the appointment of an emergency arbitrator may be requested for such measures. Many of the centers have organized such rules as Stockholm Rules of Arbitration in Sweden and ICC in Paris and others. The study concluded with a set of results, the most important of which was that the emergency arbitrator is one of the modern rules that serve commercial arbitration, which began by relying on Western legal systems not Arab laws.

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