scholarly journals Oil Companies, Reindeer-Herding Communities, and Local Authorities: Rights to Land from the Perspective of Various Stakeholders

2014 ◽  
Vol 5 (4) ◽  
Author(s):  
Svetlana Tulaeva
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Legal Anthropology ◽  
Legal Environment ◽  
Reindeer Herding ◽  
Local Authorities ◽  
Oil Companies ◽  
Land Disputes ◽  
The Way

This article is devoted to the consideration of land disputes between oil companies and reindeer-herding communities. This research analyzes the legal framework within which the participants of conflict act, with particular reference to legal anthropology. Most of the focus is not so much on formal laws as on the way in which they are understood and interpreted by the participants in relations. It is shown that various groups are guided by different laws and regulations, determining for themselves their priority over others. Emphasis is placed on the role of custom and the way in which it influences the appeal of locals to the state legal system. Starting from the specificity of legal environment, this article explains the use by the participants of conflicts of various strategies to settle them.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

scholarly journals THE ROLE OF JUDICIAL PRACTICE IN THE LEGAL SYSTEM: RUSSIAN EXPERIENCE IN THE WORLD CONTEXT

2017 ◽  
pp. 40-49 ◽  
Author(s):  
Виктор Момотов ◽  
Viktor Momotov
Keyword(s):  
Legal System ◽  
Negative Attitude ◽  
Case Law ◽  
Legal Framework ◽  
Legal Systems ◽  
Legal Norms ◽  
Judicial Practice ◽  
The Usa ◽  
Anglo American

In Russian legal science there is a wide-spread belief according to which legal precedents are not sources of Russian law, because Russian legal system forms a part of continental legal system. Various researchers believe that judicial practice does not contain legal norms and consequently case law is not a component of Russian legal framework. The present paper contains the theoretical and historical legal research of the place and role of case law in Anglo-American and continental legal systems. It’s shown that for long historical periods legal precedents were recognized as sources of law not only in Great Britain and the USA, but also in major European legal systems, while at the present time differentiation of legal systems with respect to their attitude towards case law is becoming outdated. Furthermore, based on the research of various legal scholars’ traditions (principally of the positivistic and the sociological traditions) this article demonstrates that negative attitude towards case law is largely determined by the formalistic and obsolete understanding of the term ”source of law”, coming from the misinterpretation of positivism. The paper also presents the current development trends of case law as a source of law. In particular the article outlines the proactive interpretations of new statutory provisions issued by the Plenum of the Supreme Court of the Russian Federation, the global uniqueness of such interpretations and the influence of scientific–technological progress and public needs on the highest court’s interpretations. The mutual interference of case law and statutory law is shown.

Comparison of Contractual Liability Patterns in the British Legal System and the Iranian Legal System

2021 ◽  
Vol 3 (2) ◽  
pp. 10-15
Author(s):  
Nancy Asbaghipour ◽  
Reza Simbar
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Iranian Law ◽  
The Uk ◽  
The Way

No part of society can elude legitimate occasions. Some of the time, eagerly or unwillingly, another is hurt, and the issue of hurtful obligation or how to compensate is raised by others. The rules and controls of each nation or other nations may be distinctive, and the way of demonstrating obligation and its components and the approach of the courts in deciding the sum of harms may moreover be diverse. Since the legitimate British framework is to some degree diverse from the legitimate Iranian framework, it appears valuable to know the sees of this framework. The think about of these likenesses and contrasts, counting the way of sanctioning laws, their modification, the way of the trial of courts and the limits of duties and the way of execution of judgments, raises numerous scores and gives other viewpoints for analysts to be utilized in tackling issues in society. The article presented attempts to clarify the perspective of the UK legal framework and compare it with the Iranian legal framework in terms of designing respectful risks within the contract to realize the over the result. All legitimate frameworks look for a full stipend. In this respect, due to the reality that the strategy of remuneration among other remuneration strategies within the UK, the legitimate framework of this nation has set exact criteria based on which the assurance of full emolument. It is more standard and precise. Iranian law is generally appropriate on the issue of damages. This can occur despite the fact that the refusal of the rule of the presence of a way of a stipend in infringement of legally binding commitments has not been considered with assurance.

Role of Advocates in Administration of Justice

LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
S. S. Upadhyay
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Access To Justice ◽  
Special Relationship ◽  
The Public ◽  
Moral Standards ◽  
Administration Of Justice ◽  
Relationship Of

Lawyers play an important part in the administration of justice. The Profession itself requires the safeguarding of high moral standards. As an officer of the Court the overriding duty of a lawyer is to the Court, the standards of his profession and to the public. Since the main job of a lawyer is to assist the Court in dispensing justice, the members of the Bar cannot behave with doubtful scruples or strive to thrive on litigation. This paper deals in Legal framework of duty and liability of advocate supported with Judicial Pronouncement. The main emphais on special relationship of bar bench and agreed and persons of the society for protection of their human rightrs. Legal community and advocates are inseparable and important part of robust legal system and they not only aid in seeking access to justice but also promote justice. Judges cannot perform their task of dispensing justice effectively without the able support of advocates. In that sense, advocates play an important role in the administration of justice.

10 London

2014 ◽  
Author(s):  
Jagusch Stephen ◽  
Triantafilou Epaminontas E
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Court Decisions ◽  
England And Wales ◽  
Recognition And Enforcement ◽  
English Law ◽  
The Law ◽  
Key Aspects ◽  
Laws And Regulations

This chapter summarizes the key aspects of the English legal system with respect to the role of courts in arbitrations seated in England and Wales. First, it highlights the key provisions of relevant English legislation, mainly of the English Arbitration Act of 1996 and the principal court decisions arising under that legislation. Second, it describes the manner in which English law as the law of the seat affects the role of English courts in the course of three discrete stages: before the award, after the award, and during recognition and enforcement. In the process and where necessary, it addresses and ultimately rejects recently articulated concerns questioning the supremacy of England and Wales as an arbitration seat. The chapter concludes that England and Wales possesses a comprehensive and clearly articulated legal framework governing arbitration, and a sophisticated, impartial judiciary with ample experience in complex arbitral disputes and the collateral issues they raise under both English law and foreign laws and regulations. The jurisdiction is distinctly arbitration-friendly, with a keen understanding of the benefits arbitration aims to confer on parties, and the policy considerations such benefits entail.

scholarly journals THE LEGAL FRAMEWORK OF MEDIATION IN BRAZILIAN LAW

2018 ◽  
Vol 2 (2) ◽  
pp. 113-141
Author(s):  
Humberto Dalla Pinho
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Civil Procedure ◽  
National Council ◽  
The Way

The text analyzes the introduction and evolution of the legislative treatment given to the institute of mediation in Brazilian law, from Bill No. 4,827/98 up to the Bills of the Ministry of Justice (ENAM) and the Federal Senate. Along the way we also examine the text of the Project for a new CPC (Code of Civil Procedure) and Resolution No. 125/10 from the National Council of Justice. At the end the principal aspects and trends for our legal system are set out. 

scholarly journals THE LEGAL FRAMEWORK OF MEDIATION IN BRAZILIAN LAW

2018 ◽  
Vol 2 (2) ◽  
pp. 113-141
Author(s):  
Humberto Dalla Pinho
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Civil Procedure ◽  
National Council ◽  
The Way

The text analyzes the introduction and evolution of the legislative treatment given to the institute of mediation in Brazilian law, from Bill No. 4,827/98 up to the Bills of the Ministry of Justice (ENAM) and the Federal Senate. Along the way we also examine the text of the Project for a new CPC (Code of Civil Procedure) and Resolution No. 125/10 from the National Council of Justice. At the end the principal aspects and trends for our legal system are set out. 

scholarly journals THE LEGAL FRAMEWORK OF MEDIATION IN BRAZILIAN LAW

2018 ◽  
Vol 2 (2) ◽  
pp. 113-141
Author(s):  
Humberto Dalla Pinho
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Civil Procedure ◽  
National Council ◽  
The Way

The text analyzes the introduction and evolution of the legislative treatment given to the institute of mediation in Brazilian law, from Bill No. 4,827/98 up to the Bills of the Ministry of Justice (ENAM) and the Federal Senate. Along the way we also examine the text of the Project for a new CPC (Code of Civil Procedure) and Resolution No. 125/10 from the National Council of Justice. At the end the principal aspects and trends for our legal system are set out. 

scholarly journals THE ROLE OF THE LAW IN INDUSTRALIZATION: THE CASE OF THE LEGAL FRAMEWORK FOR SMALL AND MEDIUM SCALE ENTERPRISES (SMEs) IN NIGERIA

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Uzoamaka Gladys Eze ◽  
Nwamaka Adaora Iguh
Keyword(s):  
Energy Supply ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Environment ◽  
Medium Scale ◽  
Technology Acquisition ◽  
The Law ◽  
Micro Credit

This paper appraises the legal framework for the regulation of small and medium scale enterprises (SMEs) in Africa with particular reference to Nigeria. The paper examines the legal environment for the operation of SMEs in Africa by appraising the laws enacted for the promotion of SMEs in Nigeria. The paper further examines the laws in order to discover whether they adequately provide for the extant needs of SMEs in Africa in the areas of technology acquisition, access to micro-credit, infrastructure, energy-supply and access to the market for finished products. The paper finds that the laws providing for the needs of SMEs are scanty and still in their embryonic stages. Apart from this, they do not cover most areas of need of the SMEs. Moreover, the enforcement of available laws is still far from satisfactory in Nigeria. There is a need for adequate legal protection for SMEs in Africa in order to stem the growing unemployment and poverty rates across the continent.

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