Private communication between lawyers as evidence in a judicial process: A comparative journey

2021 ◽  
Vol 26 (1) ◽  
pp. 61-80
Author(s):  
Joan Pico i Junoy ◽  
Juan Antonio Andino López
Keyword(s):  
Comparative Perspective ◽  
Private Communication ◽  
Legal Systems ◽  
Judicial Process ◽  
The Right ◽  
Share Information

In professional negotiations between lawyers, it is usual to share information, data and documents that could be protected with legal privilege. This paper analyses, from a comparative perspective, the possible evidentiary use of the documents that a lawyer obtains from the opposing lawyer in a subsequent judicial process. A conflict is presented here between two fundamental procedural guarantees: The right to evidence of the party that possesses the documents and the right to defence and legal privilege of the party that delivered them in the prior negotiation to the lawsuit. The solution provided by different legal systems is therefore not always straightforward, because some legal systems do protect legal privilege and others protect the right to evidence, with different solutions for the rights put in balance here.

Shared ownership and temporal ownership in Catalan law

2017 ◽  
Vol 9 (1) ◽  
pp. 63-78 ◽  
Author(s):  
Héctor Simón Moreno ◽  
Núria Lambea Llop ◽  
Rosa Maria Garcia Teruel
Keyword(s):  
Economic Crisis ◽  
Design Methodology ◽  
Comparative Perspective ◽  
Housing Bubble ◽  
Legal Systems ◽  
Middle Ground ◽  
Property Market ◽  
Content Type ◽  
The Right ◽  
Shared Ownership

Purpose The global economic crisis and the housing bubble meltdown have had a significant impact on the Spanish property market. As a result, the homeownership–tenancy dichotomy has become a matter of discussion, and efforts are made to discover formulas that provide affordable, stable and flexible housing access. Taking this background into account, the Catalan lawmaker has implemented the so-called “intermediate tenures” (temporal ownership and shared ownership) into the Catalan Civil Code, which are conceived as a middle ground between ownership and renting. This paper aims to explores how these “intermediate tenures” work. Design/methodology/approach These tenures are conceived as a middle ground between ownership and renting and may be used for a variety of purposes. As the Catalan lawmaker has fragmented the right of ownership on the basis of English law, which is a great breakthrough regarding the long-standing conception of the right of ownership in continental legal systems, the paper explores how these “intermediate tenures” work, as regulated in Act 19/2015, in a comparative perspective. Findings The paper offers an overview of how these “intermediate tenures” are regulated and which are the problems arising from legislation and the potential uses. Originality/value As the temporal ownership confers on the titleholder the domain of an asset for a specifically defined period of time, it does not conform to the right of ownership as it is currently conceived in continental European legal systems, given that it is based on the English leasehold; shared ownership confers on the buyer a property share in the thing, entitling him to the full possession, use and exclusive enjoyment of the thing and to gradually acquire the remaining share. Both are based on the English shared ownership scheme and leasehold, and are legal transplants worth to be analysed.

A Device for Magnification Measurement

1972 ◽  
Vol 30 ◽  
pp. 622-623
Author(s):  
J.A. Eades ◽  
A. van Dun
Keyword(s):  
Electron Microscope ◽  
Small Displacement ◽  
Private Communication ◽  
Piezoelectric Crystal ◽  
Double Exposure ◽  
Standard Methods ◽  
Elegant Method ◽  
The Right ◽  
Piezo Electric

The measurement of magnification in the electron microscope is always troublesome especially when a goniometer stage is in use, since there can be wide variations from calibrated values. One elegant method (L.M.Brown, private communication) of avoiding the difficulties of standard methods would be to fit a device which displaces the specimen a small but known distance and recording the displacement by a double exposure. Such a device would obviate the need for changing the specimen and guarantee that the magnification was measured under precisely the conditions used.Such a small displacement could be produced by any suitable transducer mounted in one of the specimen translation mechanisms. In the present case a piezoelectric crystal was used. Modern synthetic piezo electric ceramics readily give reproducible displacements in the right range for quite modest voltages (for example: Joyce and Wilson, 1969).

Investigating judge as a new figure in the Kyrgyz Republic criminal procedure

2020 ◽  
Vol 2020 (3) ◽  
pp. 140-147
Author(s):  
Sof'ya Shestakova ◽  
Uulzhan Imanalieva
Keyword(s):  
Criminal Procedure ◽  
Comparative Perspective ◽  
Kyrgyz Republic ◽  
Trial Procedure ◽  
Judicial Control ◽  
Legal Model ◽  
Integral Element ◽  
The Right ◽  
Conceptual Foundations ◽  
Former Soviet Republics

The article iis devoted to the research of the institution of investigative judge introduced into the criminal procedure of the Kyrgyz Republic in 2019. The authors analyze the conceptual foundations of this institution, its procedural significance, as well as the legal model under Kyrgyz legislation in its comparative perspective with the legislation of Germany and some former Soviet republics. Two main achievements: the organizational and functional isolation of an investigating judge during the criminal procedure and granting them the power of deposition are seen by the authors as advantages of the Kyrgyz model of the institution of an investigative judge. The former is aimed at guaranteeing the objectivity, impartiality and neutrality of the judge considering the case on the merits, who is discharged judicial control in pre-trial procedure nowadays. The latter is aimed at implementing for the prosecution and defense the right to be equal parties of procedural opportunities to participate in evidence as an integral element of the adversarial principle.

The "Right to Die": A Case Study in American Lawmaking*

1996 ◽  
Vol 3 (1) ◽  
pp. 49-74
Author(s):  
Alan Meisel
Keyword(s):  
Legal System ◽  
Right To Die ◽  
Judicial Process ◽  
Clinical Issue ◽  
The Press ◽  
American Law ◽  
American Legal System ◽  
The Right ◽  
Made In

AbstractIn the 20 years that have passed since the Karen Quinlan case exposed a simmering clinical issue to the light of day — more precisely, to the press and to judicial process — a consensus has developed in American law about how end-of-life decisionmaking should occur. To be sure, there are dissenting voices from this consensus, but they are often (though not always) about minor issues. By illustrating how this consensus has evolved, this paper explores how law is made in the American legal system and the roles that different legal and extra-legal institutions play in lawmaking.

scholarly journals Legal Status of Minor Testator’s Parents Deprived of Parental Authority in Intestate Succession. Some Remarks on the Solutions in Polish, Russian, and Italian Law

2021 ◽  
Vol 47 (4) ◽  
pp. 107-134
Author(s):  
Hanna Witczak
Keyword(s):  
Legal Status ◽  
Parental Authority ◽  
Legal Systems ◽  
Family Ties ◽  
Italian Law ◽  
Parental Obligations ◽  
Legal Situation ◽  
Polish Law ◽  
The Right ◽  
A Minor

The legal situation of minor testator’s parents in intestate succession poses a significant legal and social problem. In Polish law, parents who have been deprived of parental authority continue to enjoy their civil-law status; in other words, they maintain the right to inherit from their child under statute. Meanwhile, the reasons for which the court applied the strictest possible “sanction” in the form of deprivation of authority of parents who, in exercising their rights under parental authority, seriously violated the child’s interest or grossly neglected parental obligations, which is noticeable even to an ordinary bystander, seem to be sufficient “proof” that family ties, which are decisive for the statutory title to inherit, do not exist. If these ties are severed or seriously disrupted, the consequences should be seen in all areas of life. Simply put, persons who deliberately break apart the family should not enjoy the advantages that the law provides for testator’s closest relatives. In such a case, to consider the effect of deprivation of parental authority by “releasing” its holders from any obligation towards the child may not be considered a sufficient civil sanction, especially given that in the vast majority of cases, the reason for such deprivation is gross neglect of parental duties by one or both parents. The consequences of this type of negligence should also, if not primarily, consist in the deprivation of pecuniary benefits that the parents of a minor could enjoy after his or her death. The current legal solutions governing this area undoubtedly need to be revised. Such imperfect normative solutions adopted in Polish law prove the need to propose de lege ferenda recommendations. In this context, it is worthwhile to have a look at the normative solutions adopted in foreign legal systems and whether they can be grafted on Polish law. The reference to the Russian and Italian legal systems seems particularly recommendable due to the fact that their normative solutions directly allude to the institution of deprivation of parental authority in the context of admissibility of the title to inherit.

Refining the Right to Information in Vietnamese Consumer Law: Insights from Australia

2021 ◽  
Vol 16 (1) ◽  
pp. 61-83
Author(s):  
Lam Uyen Lu ◽  
Niloufer Selvadurai
Keyword(s):  
Consumer Protection ◽  
Critical Role ◽  
Consumer Welfare ◽  
Regulatory Framework ◽  
Law Reform ◽  
Legal Systems ◽  
Consumer Law ◽  
Similarities And Differences ◽  
Right To Information ◽  
The Right

AbstractIn upholding a consumer's right to information, regulations prohibiting misleading or deceptive conduct perform a critical role in supporting consumer welfare and encouraging equity in business and commerce. While Vietnam enacted a Law on Consumer Protection in 2010, its provisions in this area are limited in ambit and application. In order to improve the effectiveness of a consumer's right to information in Vietnam, it is useful to examine the Australia Consumer Law which has a sophisticated regulatory framework in this area. By comparing the laws prohibiting misleading or deceptive conduct in the Vietnamese Law on Consumer Protection and the Australia Consumer Law, this article identifies certain similarities and differences between the two legal systems, thereby clarifying shortcomings that can lead to inadequacies and inefficiencies of this area of the law and providing a platform for law reform in Vietnam.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

Constitutional Protection of the Right to Self-Determination

2021 ◽  
pp. 1-21
Author(s):  
Marishet Mohammed Hamza
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Democratic Republic ◽  
Self Determination ◽  
Comparative Perspective ◽  
Constitutional Protection ◽  
Domestic Legislation ◽  
The Right ◽  
Legal Right

Abstract The right to self-determination is an essential international law principle that holds an erga omnes character. Also, the right is often enshrined under domestic legislation, including constitutions. The 1995 Federal Democratic Republic of Ethiopia Constitution (fdre Constitution) is one such constitution and, uniquely, it explicitly recognizes the right to self-determination including the right of secession as an unconditional right of the nations, nationalities, and peoples in Ethiopia. This paper selects the fdre Constitution and analyses whether such constitutional law frameworks better address some of the contentious matters concerning the right to self-determination under international law. In a comparative perspective (with international law), the article analyses, inter alia, how the fdre Constitution approach the questions of who the subjects of the right to self-determination are, and the substantive guarantees for exercising internal and external aspects of the right to self-determination with particular emphasis on secession as a legal right.

Rights of Nature to Protect Human Rights in Times of Environmental Crisis

2020 ◽  
pp. 38-65
Author(s):  
Susana Borràs
Keyword(s):  
Human Rights ◽  
Well Being ◽  
Natural World ◽  
Environmental Crisis ◽  
Legal Systems ◽  
Environmental Laws ◽  
For Profit ◽  
Rights Of Nature ◽  
The Right

The well-being of humans and nature are inextricably linked. Nature is particularly mistreated in light of its characterization as merely “property” to be bought, sold, and ultimately degraded for profit. Reinforcing this misperception is the fact that modern environmental laws themselves implicitly accept this claim of “nature as property.” They legalize nature's destruction by dictating how much of the environment can be exploited and degraded, rather than as an integral ecological partner with its own rights to exist and thrive. Instead, we need laws grounded in the inherent rights of natural world to exist, thrive, and evolve. The article focuses on the transition from the ‘right to the environment' to a biocentric approach constructed around ‘rights of nature.' This transition is evident in various new legal instruments, which serve as models for legal systems that can steer us towards more robust and effective environmental laws.

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