The Relationship between Public and Private Law and the Rules of Conflict of Laws (Volume 102)

2019 ◽  
Keyword(s):  
Private Law ◽  
Public And Private ◽  
Conflict Of Laws ◽  
The Relationship

PRIVATE COMMERCIAL LAW CONVENTIONS AND PUBLIC AND PRIVATE INTERNATIONAL LAW: THE RADICAL APPROACH OF THE CAPE TOWN CONVENTION 2001 AND ITS PROTOCOLS

2016 ◽  
Vol 65 (3) ◽  
pp. 523-540 ◽  
Author(s):  
Roy Goode
Keyword(s):  
International Law ◽  
Public Law ◽  
Vienna Convention ◽  
Private Law ◽  
Private International Law ◽  
Commercial Law ◽  
Public And Private ◽  
Conflict Of Laws ◽  
Domestic Law ◽  
Radical Approach

It is a remarkable circumstance that with a few honourable exceptions all writers on international law in general and treaty law in particular focus exclusively on public law treaties. Private law conventions, including those involving commercial law and the conflict of laws, simply do not come into consideration. Yet such conventions, like public law conventions, are treaties between States and are governed by the 1969 Vienna Convention on the Law of Treaties and many of them are of great significance. Their distinguishing feature is, of course, that while only States are parties, private law conventions deal primarily, and often exclusively, with the rights and obligations of non-State parties. So while the treaty is international it does not for the most part commit a Contracting State to any obligation other than that of implementing the treaty in domestic law by whatever method that State's law provides, if it has not already done so prior to ratification.

scholarly journals RELATIONSHIP AND INTERACTION OF INTERNATIONAL PUBLIC, INTERNATIONAL PRIVATE LAW AND NATIONAL LAW

2019 ◽  
Vol 3 (88) ◽  
pp. 108
Author(s):  
Aleksandrs Baikovs ◽  
Ilona Bulgakova
Keyword(s):  
International Law ◽  
Theoretical Research ◽  
Axiomatic Method ◽  
Private Law ◽  
Private International Law ◽  
Public And Private ◽  
Public International Law ◽  
Analysis And Synthesis ◽  
The Relationship ◽  
Research Analysis

The purpose of this paper is to analyze the interplay between international public and private law and national law, and to provide an assessment of the theory of public and private law and its interrelationship.Private international law is closely linked to public international law. However, if public international law is an autonomous system of law, then private international law is an integral part of national law, since it governs cross-border private law relations.The objectives of the study stem from its purpose, namely:to clarify the nature and understanding of international public and private law; to clarify the relationship between international public and private law and national (internal) law. The object of the research is the problems of the relation and interrelation of international public and private law.As a result of the study, several conclusions were drawn, which are as follows: 1) public international law is an independent legal system, but private international law is an integral part of national law; 2) there is a relationship between public international law and private international law; 3) general theoretical categories and concepts are partly incompatible with the nature of both international public and private international law; 4) the value, validity, and credibility of contemporary theoretical research in international law largely depends on the inclusion of relevant categories andThe following methods have been used in the research: analysis and synthesis, induction and deduction, abstracting, generalization, analogy, idealization, formalization, axiomatic method, systematic and historical research.

Preventive Duties under Private and Public Law scilicet spei permultum sed rei paulum

2020 ◽  
Vol 2 (103) ◽  
pp. 51-71
Author(s):  
Dariusz Fuchs
Keyword(s):  
Contract Law ◽  
Legal Aspects ◽  
Public Law ◽  
Civil Code ◽  
Insurance Contract ◽  
Private Law ◽  
Public And Private ◽  
Private And Public ◽  
European Insurance ◽  
The Relationship

The article aims at discussing preventive obligations incumbent on the insurer and other entities of the insurance relationship, in particular on the policyholder. The analysis takes into account comparative legal aspects, and therefore refers to the Principles of European Insurance Contract Law (PEICL). The author emphasizes the evolution of the provision of Article 826 of the Civil Code, which has changed his views on the scope of the preventive obligation under insurance contract. He points out the possible differences of interpretation as to the scope of the prevention as well as the issue of the insurer's reimbursement of costs due to its implementation by the policyholder. What is more, the relationship between public and private law standards has been presented, with a particular focus on Article 826 of the Civil Code. Finally, de lege ferenda conclusions have been presented.

scholarly journals Jurisdiction, Illegality and Fault: An Unholy Trinity

2019 ◽  
Vol 16 (1) ◽  
pp. 69-100
Author(s):  
Roderick A. Macdonald
Keyword(s):  
Public Law ◽  
Corrective Justice ◽  
Risk Allocation ◽  
Private Law ◽  
Public And Private ◽  
Statutory Duty ◽  
Policy Conflicts ◽  
History Of ◽  
Per Se ◽  
The Relationship

The relationship between fault and ultra vires is one of the most difficult aspects of the law of Crown Liability. It sets clearly into relief the policy conflicts which arise when private law risk allocation regimes (the adversarial adjudicative imposition of liability rules grounded in a concept of corrective justice) are invoked to police the functioning of public law risk allocation regimes (the allocation through various non-adjudicative procedures of the benefit and burden according to a variety of conceptions of distributive justice). The Crown Liability Act and article 94 of the Code of Civil Procedure both incorporate as against the Crown rules of private law delictual behaviour which were originally developed for regulating activity between private parties as such. They, therefore, compel courts to determine whether jurisdictional error per se constitutes fault. The history of twentieth century attempts to reconcile ultra vires and fault is a history of the judicial search for boundary criteria between realms of public and private law. These boundaries have been, among others, a good faith test, functional criteria such as judicial and legislative immunity or immunity for planning functions, the notion of breach of statutory duty, and so on. Each of these attempts has ultimately be repulsed by the desire of litigants to recover against the Crown on the widest possible basis. Modern theories of jurisdiction being so all-embracing and modern conceptions of fault being so comprehensive, the courts are constantly being asked to develop an absolute equation between fault and ultra vires. The paper concludes by exploring several options for harmonizing private law and public law risk allocation regimes. It recommends a restructuring of the Crown Liability Act so as (i) to permit recovery on a variety of no fault bases, (ii) to permit recovery even when intra vires acts have been undertaken (if these cause significant or disproportional damage) and (iii) to permit the immunization of certain governmental functions from private law liability even when the decisions in question have been taken in an ultra vires fashion.

Administrasi Hubungan Sekolah dan Masyarakat (HUSEMAS)

2020 ◽  
Author(s):  
Rifa Nirmala ◽  
Hade Afriansyah
Keyword(s):  
Personal Growth ◽  
Clear Picture ◽  
Public And Private ◽  
Community Needs ◽  
The People ◽  
Good Will ◽  
Relationship Of ◽  
The Relationship

Thus can drawing conclusions about the relationship of the school with the community is essentially a very decisive tool in fostering and developing the personal growth of students in schools. If the relationship between the school and the community goes well, the sense of responsibility and participation of the community to advance the school will also be good and high. In order to create relationships and cooperation between schools and the community, the community needs to know and have a clear picture of the school they have obtained.The presence of schools is based on the good will of the country and the people who support it. Therefore people who work in schools inevitably have to work with the community. The community here can be in the form of parents of students, agencies, organizations, both public and private. One reason schools need help from the community where schools are because schools must be funded.

An Analysis of Web Home Page Disclosure Practices of Top Public and Private Indian Banks

2015 ◽  
Vol 3 (2) ◽  
Author(s):  
Mandeep Kaur ◽  
Manpreet Kaur
Keyword(s):  
Positive Relationship ◽  
Home Page ◽  
Financial Information ◽  
Public And Private ◽  
Communication Device ◽  
Indian Banks ◽  
Public And Private Sector ◽  
The Relationship ◽  
Source Of Information ◽  
The Web

Internet is a very powerful communication device to disclose financial and non-financial information. Almost every company today maintains its website and disseminates their information voluntarily. Internet is very exciting medium to disclose information in the form of presentation. It has become most frequently used source of information. This paper tries to examine the web home page disclosure practices of top public and private Indian banks and try to find out the relationship between the disclosure score and size of bank by using the sample of 20 banks which constitute of top public and private sector banks. The results show that there is positive relationship between the disclosure score and size of bank.

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