Precedent in Civil Law and International Law: An Overview

2011 ◽  
Author(s):  
Muhammad Munir
Keyword(s):  
International Law ◽  
Civil Law

Legal Traditions, the Universal Declaration of Human Rights, and Intercultural Professional Communication

2011 ◽  
pp. 216-246
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
International Law ◽  
Latin American ◽  
Common Law ◽  
Civil Law ◽  
Universal Declaration ◽  
Professional Communication ◽  
Legal Traditions ◽  
Global Communications

This chapter examines the relations between rhetoric and law across cultures, grounding the discussion in U.S. common law, Latin American Civil law, and Asian law. It also explores the writing of the Universal Declaration of Human Rights as a model of developing “international” or “universal” approaches to law and human rights. It concludes by discussing recent events of international law involving intellectual property and global communications.

2. Legal systems and sources of law

2020 ◽  
pp. 35-70
Author(s):  
Scott Slorach ◽  
Judith Embley ◽  
Peter Goodchild ◽  
Catherine Shephard
Keyword(s):  
International Law ◽  
Common Law ◽  
Civil Law ◽  
Case Law ◽  
Potential Effect ◽  
Legal Systems ◽  
Public And Private ◽  
England And Wales ◽  
The World ◽  
The Status

This chapter focuses on the sources of law in England & Wales, and is organised as follows. Section 2.1 describes the key jurisdictions relevant to lawyers in England and Wales. Section 2.2 deals with the issue of where the law comes from: sources of law. Section 2.3 reviews the development of the two ‘traditional’ sources of law in England and Wales: case law and statutes. Sections 2.4 and 2.5 consider the status and operation of EU and international law, including the potential effect of Brexit. Section 2.7 goes on to discuss public and private law, common law, and civil law, and other classifications used by lawyers. This is followed by a discussion of legal systems and their cultures across the world.

scholarly journals Open Coalition Law, Necessity or Threat?

2021 ◽  
Vol 95 ◽  
pp. 29-38
Author(s):  
Błażej Mądrzycki
Keyword(s):  
International Law ◽  
Legal System ◽  
Trade Unions ◽  
Civil Law ◽  
Labor Law ◽  
Freedom Of Association ◽  
Employment Contract ◽  
Expected Effect ◽  
Provision Of Services ◽  
Constitutional Tribunal

From January 1, 2019. Amendments to the Act of July 5, 2018 amending the provisions on trade unions and some other acts apply (almost in full). Amendments to the Polish act are a consequence of the Committee for the Freedom of Association, Labor Law Organizations and the judgment of the Polish Constitutional Tribunal. The main and expected effect of the amendment is the extension of coalition freedom in trade unions. This issue is important not only for the consistency of the legal system with international law, but also for social reasons. Concluding civil law contracts in the place of employee forms of employment is a common practice in Polish conditions. The main problem is that the civil law contract has a purpose other than the employment contract. Contracts of mandate and provision of services are the basis for the implementation of actual and legal activities. Besides, the legislator does not have any real actions aimed at eliminating the defective practice. The text is an attempt to synthetically summarize the motives of the amendment, as well as its effects and tests.

2 A Concise History of the Law of State Responsibility and Reparation in International Law

2011 ◽  
Author(s):  
Sabahi Borzu
Keyword(s):  
International Law ◽  
Civil Law ◽  
State Responsibility ◽  
Private Law ◽  
Human Thought ◽  
Diplomatic Protection ◽  
History Of ◽  
The Law ◽  
Civil Codes

The modern doctrines of State responsibility and reparation are the result of more than 2,000 years of human thought. This chapter traces the history of some of the most important components of State responsibility and reparation. The origins of these concepts are found in the historical roots of the civil law doctrines of extra-contractual liability and the remedy of restitutio in integrum, from Roman times until their entry into European civil codes. It explains how the private law notions discussed entered into international law and how, from the fusion of these notions and concepts with those supplied through the evolving doctrines of reprisals, denial of justice, and diplomatic protection, the modern doctrines of State responsibility and reparation were born.

Scientific Novelty in the Dissertation by E.V. Krotova

2020 ◽  
Vol 17 (4) ◽  
pp. 107-110
Author(s):  
Elena L. Nevzgodina ◽  
Natalia A. Temnikova
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Family Law ◽  
Civil Law ◽  
Practical Significance ◽  
Private International Law ◽  
Business Law ◽  
Actual Problem ◽  
Academic Degree ◽  
The Russian Federation

Introduction. E. V. Krotova prepared a dissertation research “Subsidiary Liability in Russian Civil Law” submitted for the degree of candidate of legal sciences in the specialty 12.00.03 “Civil law; business law; family law; private international law”. The work is devoted to an actual problem in civil law: the concept, legal nature, types of subsidiary liability based on the analysis of modern, constantly changing legislation. Results. The dissertation contains a solution to a problem that is important for the development of civil law science. The design of the dissertation meets the requirements established by the Ministry of education and science of the Russian Federation. The dissertation is an actual independent scientific research, which has a complete form, is based on a sufficient empirical base, the conclusions and proposals contained in it have scientific novelty and practical significance. The content of the abstract corresponds to the content of the dissertation text. The dissertation and abstract meet the requirements of the Regulations “On awarding academic degrees”, approved by the Decree of the Government of the Russian Federation No. 842 of September 24, 2013. The author of the dissertation under analysis deserves the award of the required academic degree of candidate of legal sciences in the specialty 12.00.03 “Civil law; business law; family law; private international law”.

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