scholarly journals حماية المستهلك في عقود الإذعان : دراسة مقارنة في القانون المدني المصري والبحريني والنظام السعودي = The Legal Protection for the Consumer in the Contracts of Compliance : A Comparative Study in the Egyptian Civil Law, the Bahraini Civil Law and the Saudi Legal System

2019 ◽  
Vol 8 (1) ◽  
pp. 26-55
Author(s):  
الجريدلي ، جمال زكي إسماعيل
Keyword(s):  
Comparative Study ◽  
Legal System ◽  
Civil Law ◽  
Legal Protection

scholarly journals Features of ancient Roman jurisprudence of the classical period and its place in the history of the state of Ancient Rome

2021 ◽  
pp. 4-14
Author(s):  
Vira Okorokova ◽  
◽  
Olena Koicheva ◽  
◽  
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Legal Protection ◽  
Ancient Rome ◽  
Legal Analysis ◽  
Mobile System ◽  
Traditional System ◽  
Imperial Rome ◽  
History Of ◽  
Political Conditions

The article is devoted to the study of Roman jurisprudence during its heyday. Scientific novelty is expressed in the analysis of legal innovations that were developed by such lawyers of this period as (Gaius (II century BC), Papinian (II–III centuries), Paul (II–III centuries), Ulpian (II–III century) аnd Modestin (II–III centuries). Despite the great importance of the works of these jurists, their study does not differ significantly from a number of studies. The article points to the continuity in the history of Roman jurisprudence, which is manifested in the gradual registration of jurisprudence in a separate field, which has its own needs and requirements for the activities of jurists, their training and more. Historical and legal analysis of the activities of these lawyers indicates a certain evolution of jurisprudence from the rigid traditional system of queer law to a more mobile system of civil law, which was adapted to the new socio-economic and political conditions of ancient Rome. Jurisprudence gradually in the conditions of imperial Rome is made out in separate legal institute that provides not only consultations on these or those transactions, but also legal protection. The authors draw attention to the fact that the activity of lawyers was the defining stage that laid the foundations for further transformation of the legal system, its reception in some Western European countries of subsequent historical epochs.

Legal protection systems, corporate governance and firm performance: a cross-country comparison

2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Yosra Ghabri
Keyword(s):  
Corporate Governance ◽  
Firm Performance ◽  
Legal System ◽  
Institutional Environment ◽  
Common Law ◽  
Investor Protection ◽  
Civil Law ◽  
Legal Protection ◽  
Content Type ◽  
Valuation Effect

Purpose This paper builds on the “Law and Finance” theory and aims to examine the effect of the legal and institutional environment on the governance–performance relationship in the context of non-US firms. More precisely, it examines whether and how the country’s legal system and the level of investor protection interact with the firm-level corporate governance and affect firm performance. Design/methodology/approach The authors used the “G-Index” governance score developed by the Governance Metrics International rating for a sample of 12,728 firm-year observations from 23 countries over the 2009–2016 period. Findings The results show that the interaction between the country-level institutions and corporate governance system significantly affect the firm performance. In particular, the findings indicate that firms operating in common law countries tend to exhibit a positive valuation effect and higher performance than firms with a comparable corporate governance level operating in civil law countries. More precisely, the authors find that in common law countries, higher investor protection with enhanced corporate governance is associated with better firm performance. However, firms operating in civil law countries with weaker investor protection and a comparable corporate governance level tend to experience a negative valuation effect. Originality/value The findings suggest that the institutional and legal environment is crucial and important in determining the value-maximizing level of good governance practices. Managers and regulators should carefully analyze the cost of these initiatives and should coordinate it with the needs of the country’s legal system. The challenge for the company will be how to adjust its corporate governance strategy according to the needs and demands of the country’s legal system in which the company operates to improve its performance. The regulators should ensure a fit between the specifics of the national legal and institutional environment and corporate governance standards and practices.

Legal Origin, Institutional Quality, and Islamic Finance Development: Does Shari’a Matter?

2020 ◽  
Vol 13 (2) ◽  
pp. 345-369
Author(s):  
Rihab Grassa
Keyword(s):  
Financial Development ◽  
Legal System ◽  
Civil Law ◽  
Islamic Finance ◽  
Islamic Banking ◽  
Financial Industry ◽  
Legal Origin ◽  
Muslim Population ◽  
Legal Origins ◽  
Shari'a Law

AbstractPrevious studies on financial development have shown that differences in the legal origin explain differences in financial development. Using historical comparisons and cross-country regressions for 40 countries observed for the period from 2005 to 2018, our research assesses how different legal origins have affected the development of Islamic finance worldwide. More particularly, our research assesses empirically why and how the adoption of Shari’a, wholly or partially (combined with common or civil law), could explain the level of development of Islamic finance in different jurisdictions. Our primary results show that countries adopting a Shari’a legal system have a very well-developed Islamic financial system. Moreover, countries adopting a mixed legal system based on common law and Shari’a law have sufficient flexibility within their legal systems to make changes to their laws in response to the changing socioeconomic conditions, and this has helped the development of the Islamic financial industry. However, countries adopting a mixed legal system based on both civil law and Shari’a law appear less flexible in making changes to their old laws and this thwarted the development of the Islamic financial industry in these countries. Furthermore, we have found that the concentration of a Muslim population (the percentage of Muslim population) along with the level of income have both had a positive effect on the development of Islamic banking assets and on the development of Islamic banking as a whole.

scholarly journals The Transplant of Trusts in Different Legal Jurisdictions: The Example of China

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Giulia Terranova
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Original Model ◽  
People’S Republic Of China ◽  
Legal Institution ◽  
Legal Systems ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Trust Law

AbstractLegal transplants are considered a significant factor in the evolution of legal systems. One example of transplant of a legal institution through its prestige is the diffusion of the trust from the English legal system to other common law systems and to many civil law countries. One of these is China that in 2001 enacted the Trust Law of the People’s Republic of China. This paper wants to analyse the trust under the Trust Law and to compare it with the original model in the English legal system, understanding how far or how close it is from the original one.

scholarly journals CODIFICATION, CONSOLIDATION, RESTATEMENT? HOW BEST TO SYSTEMISE THE MODERN LAW OF TORT

2021 ◽  
Vol 70 (2) ◽  
pp. 271-305
Author(s):  
Paula Giliker
Keyword(s):  
Comparative Study ◽  
Common Law ◽  
Civil Law ◽  
Tort Law ◽  
Case Law ◽  
Legal Scholarship ◽  
Legal Rules ◽  
The Law ◽  
Codal Provisions ◽  
Code Civil

AbstractThe law of tort (or extra or non-contractual liability) has been criticised for being imprecise and lacking coherence. Legal systems have sought to systemise its rules in a number of ways. While civil law systems generally place tort law in a civil code, common law systems have favoured case-law development supported by limited statutory intervention consolidating existing legal rules. In both systems, case law plays a significant role in maintaining the flexibility and adaptability of the law. This article will examine, comparatively, different means of systemising the law of tort, contrasting civil law codification (taking the example of recent French proposals to update the tort provisions of the Code civil) with common law statutory consolidation and case-law intervention (using examples taken from English and Australian law). In examining the degree to which these formal means of systemisation are capable of improving the accessibility, intelligibility, clarity and predictability of the law of tort, it will also address the role played by informal sources, be they ambitious restatements of law or other means. It will be argued that given the nature of tort law, at best, any form of systemisation (be it formal or informal) can only seek to minimise any lack of precision and coherence. However, as this comparative study shows, further steps are needed, both in updating outdated codal provisions and rethinking the type of legal scholarship that might best assist the courts.

Protection of intangible benefits as a priority form of legal protection

2021 ◽  
Author(s):  
Victoria Shesterina
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Legal Protection ◽  
Civil Protection ◽  
Judicial Practice ◽  
Innovative Methods ◽  
Intangible Benefits ◽  
Methods And Techniques ◽  
Moral Damage ◽  
The Russian Federation

The article is devoted to the study of the nature and content of the term “protection of personal non-property rights”. Based on the review of judicial practice, the author concludes that civil protection of intangible assets in the Russian Federation is carried out in the restorative and compensatory directions. The article analyzes such methods of civil protection of intangible benefits as compensation for moral damage and refutation of publicly known information of a defamatory nature. Based on the results of the study, the author concludes that it is necessary to apply innovative methods and techniques of civil law protection of personal non-property rights.

Consumer Protection in Jordanian Discount Sales: A Comparative Study with the Legislations of France, Tunisia and the United Arab Emirates

2021 ◽  
pp. 1-16
Author(s):  
Tariq Kameel ◽  
Fayez Alnusair ◽  
Nour Alhajaya
Keyword(s):  
Comparative Study ◽  
United Arab Emirates ◽  
Consumer Protection ◽  
Legal System ◽  
Judicial Practice ◽  
Consumer Rights ◽  
Market Protection ◽  
Market Intervention ◽  
Constituent Elements ◽  
Shed Light

Abstract This article compares consumer protection in the framework of discounts with the constituent elements of such sales and the relevant methods of protecting consumer rights, according to French, Emirati, Jordanian, and Tunisian legislation and judicial practice. The findings shed light on the operation of consumer rights and market protection, and argues that each legal system has developed divergent means to attain the same goal. While some legal systems have organised sales with detailed rules, others have engaged in very limited market intervention; in the latter case, consumers are prevented from enjoying an important set of rights, as consumer rights and market protection are determined by the merchants.

SEARCHING FOR LEGAL GROUNDS FOR ENTREPRENEURS’ COMPENSATION CLAIMS FOR DAMAGES CAUSED BY RESTRICTIONS ON BUSINESS ACTIVITY IN ORDER TO COMBAT COVID-19 – PART II

2021 ◽  
Vol 1 (XXI) ◽  
pp. 155-172
Author(s):  
Wojciech Papis
Keyword(s):  
Legal System ◽  
Civil Law ◽  
The State ◽  
Business Activity ◽  
Public Authorities ◽  
Compensation Claims ◽  
Legal Grounds

In the second part of the article, the author discusses the procedure for recognizing normative acts as unconstitutional - which is the basis for claiming compensation from the state treasury for damages caused by the application of these unconstitutional normative acts and regulations based on the provisions of substantive civil law. When analyzing the content of the regulations regarding the COVID-19 epidemic, the author reviews the regulations that raise doubts in the doctrine as to their constitutionality. He also notes the inconsistency of these provisions with the legal system. Finally, the problem of possible compensation of the state treasury for damages caused by the legal activities of public authorities is discussed

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.

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