scholarly journals Excedencia por cuidado de hijos (o familiares) en España e Irlanda: análisis comparado

2016 ◽  
pp. 71
Author(s):  
Patricia Prieto Padín
Keyword(s):  
Comparative Analysis ◽  
Family Members ◽  
Legal Systems ◽  
Regulatory Evolution ◽  
Similarities And Differences ◽  
The Law ◽  
Fundamental Categories

<p>El presente estudio pretende identificar (a simple golpe de vista, al tomar cuerpo de cuadro comparativo) las similitudes y las diferencias que la excedencia por cuidado de hijos y familiares presentan en los ordenamientos español e irlandés. Para ello, y después de hacer mención a la evolución normativa de estas figuras conciliatorias en ambos países se procede a analizar las categorías fundamentales que integran su estatuto común, compartido o diferenciado, así como los elementos que carecen de correspondencia, conforme aconsejan los maestros en el análisis comparado del Derecho.</p><p>This study aims to identify (at first sight, because of it takes the shape of a comparison chart) the similarities and differences the leave to care for children and family members have in Spanish and Irish’s legal systems. In this sense, and after refering to the regulatory evolution of this conciliatory figures in both countries, the study proceed to analyze the fundamental categories that make up its common statute, shared or differentiated, as well as the elements lacking of correspondence, according advise masters in the comparative analysis of the law.</p>

scholarly journals A Comparative Exposition of the Law of Husband and Wife in terms of Islamic Law, South African Law and the Law of England and Wales

Obiter ◽  
2021 ◽  
Vol 41 (4) ◽  
pp. 704-750
Author(s):  
Razaana Denson
Keyword(s):  
Comparative Analysis ◽  
South African ◽  
Islamic Law ◽  
Primary Concern ◽  
Bill Of Rights ◽  
Legal Systems ◽  
Similarities And Differences ◽  
English Law ◽  
The Law ◽  
Personal Law

The primary concern of this article is a comparative analysis of marriage law in three legal systems – namely, Islamic law, South African law and English law. The similarities and differences between these legal systems are highlighted. The comparative analysis demonstrates that although there are similarities in the three legal systems, the differences outweigh the similarities. This begs the question whether Islamic law (Muslim personal law in general and family law in particular) can be recognised and accommodated and implemented in the South African and English legal systems (both constitutional democracies) without compromising the principles of Islamic law, while at the same time upholding the rights contained in the Bill of Rights. To this end, a comparative analysis is undertaken of the law of marriage that entails a discussion, inter alia, of betrothal (engagement), the legal requirements for a marriage, as well as the personal and proprietary consequences of a marriage as applicable in Islamic law, South African law and English law.

scholarly journals Legal comparative analysis of the Roman societas and the contemporary civil law partnership in Polish and German law

2018 ◽  
Vol 22 (2) ◽  
pp. 29-34
Author(s):  
Cezary August Małozięć
Keyword(s):  
Comparative Analysis ◽  
Civil Law ◽  
German Law ◽  
Common Origin ◽  
Legal Systems ◽  
External Relations ◽  
Similarities And Differences ◽  
Civil Codes ◽  
Digest Of Justinian

The paper presents legal comparative analysis of the Roman societas and the contemporary civil law partnership in Polish and German law. The author analyses the origins and essence of a civil law partnership, then describes similarities and differences of internal and external relations between the partners of a civil law partnership. The analyzed sources are: the Institutes of Gaius, the Digest of Justinian, and Polish and German Civil Codes. The author stresses that the structure of the contemporary civil law partnership in Polish and German legal systems is still very similar to the Roman societas, mainly because of its common origin.

The Return Of The Property Clause In Donation Contracts – A Comparative Analysis In French And Romanian Legal Systems

2015 ◽  
Vol 21 (2) ◽  
pp. 413-417
Author(s):  
Codrin Codrea
Keyword(s):  
Comparative Analysis ◽  
Civil Law ◽  
Civil Code ◽  
The Other ◽  
Legal Systems ◽  
Other Hand ◽  
Similarities And Differences ◽  
The One ◽  
Comparative Manner

Abstract In both French and Romanian legal systems, the special irrevocability which governs the field of donations presupposes that certain clauses cannot be stipulated in the donation contract. Such clauses, which are prohibited as incompatible with the principle of the irrevocability of donations, would allow the donor to unilaterally revoke the contract. This article is concerned, on the one hand, with the origin and the evolution of the special irrevocability of donations and, on the other hand, with the compatibility of the return of the donated good clause with the principle of irrevocability of donations. The return of the property clause will be analyzed in a comparative manner in French and Romanian legal systems by looking at the provisions of the French Civil Code, 1865 Romanian Civil Code and of the contemporary Romanian Civil Code, in order to put into perspective both similarities and differences between the civil regulations of the two legal systems, but also the changes within the Romanian civil law from the previous Civil Code to the current one.

scholarly journals The winding up of insolvent companies in England and France

1981 ◽  
Author(s):  
Χριστόφορος Λιβαδάς
Keyword(s):  
Legal Systems ◽  
Similar Measure ◽  
Member States ◽  
Advantages And Disadvantages ◽  
The Subject ◽  
Similarities And Differences ◽  
The Law ◽  
The Way

This thesis has two main objectives. The first is to set out the law in force in England and Prance regarding the winding up of insolvent companies and the second to point out the similarities and differences in the way in which the various questions of law which arise in relation to insolvency are treated by the legal systems of these countries, as well as their respective advantages and disadvantages. However, the law is set out only in so far as is necessary to attain this second objective — that is to say, to the extent that it serves comparative purposes. The nature of this work is therefore principally comparative, since the contribution to the knowledge of the subject selected is intended to be a comparison of the English and the French legal systems in relation to the insolvency of companies.The scope of the thesis is defined so as to include those procedures relating to insolvent companies which lead to the realisation of a company's assets to the exclusion of those aimed at a scheme of arrangement or similar measure. Since it is the author's opinion that both legal systems leave much to be desired, certain proposals are made where, in his view, a change would be beneficial. Within the framework of the subject treated, special emphasis is placed on the question of the protection of the company's creditors — especially those who are unsecured— and its employees, as well as to the questions of the position of secured and preferential creditors and the liability of directors. As both England and Prance are members of the EEC, the latter's efforts to bring about an approximation of the insolvency laws of its Member States are examined in the appropriate places.

A Comparative Overview of the Fair Wear and Tear Exception: the Duty of Holders of Temporary Interests to Preserve Property

2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina
Keyword(s):  
Common Core ◽  
Complete Solution ◽  
Roman Law ◽  
Private Ownership ◽  
Legal Systems ◽  
Personal Rights ◽  
Wear And Tear ◽  
Long Life ◽  
The Law ◽  
The Relationship

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.

A Comparative Analysis of Two Qualitative Methods: Deciding Between Grounded Theory and Phenomenology for Your Research

2017 ◽  
Vol 28 (1) ◽  
pp. 23-40
Author(s):  
Masoodi Marjan
Keyword(s):  
Grounded Theory ◽  
Data Analysis ◽  
Comparative Analysis ◽  
Historical Development ◽  
Research Question ◽  
Qualitative Approaches ◽  
Development Goals ◽  
Applied Approach ◽  
Similarities And Differences ◽  
Research Students

Abstract The purpose of this article is to compare two qualitative approaches that can be used in different researches: phenomenology and grounded theory. This overview is done to (1) summarize similarities and differences between these two approaches, with attention to their historical development, goals, methods, audience, and products (2) familiarize the researchers with the origins and details of these approaches in the way that they can make better matches between their research question(s) and the goals and products of the study (3) discuss a brief outline of each methodology along with their origin, essence and procedural steps undertaken (4) illustrate how the procedures of data analysis (coding), theoretical memoing and sampling are applied to systematically generate a grounded theory (5) briefly examine the major challenges for utilizing two approaches in grounded theory, the Glaserian and Straussian. As a conclusion, this overview reveals that it is essential to ensure that the method matches the research question being asked, helps the researchers determine the suitability of their applied approach and provides a continues training for the novice researchers, especially PhD or research students who lack solid knowledge and background experience in multiple research methods.

Administrative Reforms In The Republic Of Uzbekistan: Some Problems And Prospects

2020 ◽  
Vol 02 (12) ◽  
pp. 1-4
Author(s):  
Zoilboev Javlon Karimjon O‘G‘Li ◽  
Keyword(s):  
Comparative Analysis ◽  
Administrative Reforms ◽  
State Management ◽  
Administrative Procedures ◽  
The Law ◽  
The Republic

In this article analyzes the reforms carried out in the spheres of the system of state management bodies of the Republic of Uzbekistan, the system of administrative bodies and administrative bodies in recent years. The article also provides a comparative analysis of the new administrative-legal relations, problems and mistakes made after the adoption of the law of the Republic of Uzbekistan “On administrative procedures”, and made prospective suggestions.

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