The Legal Status of Pre-Contractual Liability: Contrasting Responses from German and English Law

2017 ◽  
Author(s):  
Xiaoyang Li
Keyword(s):  
1998 ◽  
Vol 57 (2) ◽  
pp. 374-390 ◽  
Author(s):  
WILLIAM BLAIR

Central banks have enormous sums of money in various forms of investments. When claims are made either against the banks themselves, or against other governmental bodies, issues arise as to whether these assets can be attached, and made available to satisfy judgments. The article explains how central banks are treated in English law. It explains the special provision made in respect of their assets under the State Immunity Act 1978. There is wide immunity from attachment, though questions can arise as to the ownership of such assets. The UK legislation is, in some respects, wider than its counterpart, the US Foreign Sovereign Immunities Act 1976. Recent case law is described in which the English courts have recognised that the public responsibilities of central banks have to be taken account of when determining the extent of their liability to attachment.


2016 ◽  
Vol 4 (1) ◽  
pp. 47-53
Author(s):  
Алексей Чурилов ◽  
Aleksei Churilov

This article covers basics of the legal status of third parties in English common law, in particular, from the established in 1861 socalled privity rule viewpoint. The author explains some of developed by court exceptions, which established a possibility to enforce contract by a third party, and a possibility to recover damages by the third party. Contracts (Rights of Third Parties) Act 1999 is of special interest.


1944 ◽  
Vol 38 (1) ◽  
pp. 50-73
Author(s):  
Egon Schwelb

It is proposed to deal in this article with the English law concerning the legal status of the United States forces present in the territory of the United Kingdom of Great Britain and Northern Ireland during the present war. The history of, and the controversies regarding, the legal position of friendly armed forces on foreign territory in international law remain outside of the scope of the present survey, which is devoted to the municipal aspect of the matter. In order, however, to give a picture of the whole body of English law applicable to the American forces we shall include a few remarks on the development of the question in English municipal and British imperial law, and it will also be necessary to compare the provisions concerning the United States forces with those regulating the status of the other allied and associated forces at present stationed in the British Isles, as well as with the provisions regarding visiting Dominion troops. As will be seen later there has been a certain amount of interdependence between international and interimperial relations with regard to the legal problem with which we are concerned.


2003 ◽  
Vol 21 (3) ◽  
pp. 621-622 ◽  
Author(s):  
Bruce Kercher

Peter Karsten asks why there might be a greater comparative propensity among CANZ historians than among those of the United States. Part of the reason may lie in the legal education many of us in Australia received, and in the formal legal status of many commonwealth countries until recently. As recently as the early 1970s, Australian law students were taught that English law was as significant as that made in the Australian courts. Appeals from the Australian Supreme Courts to the Privy Council were finally abolished only in 1986. From that time onward, there was a drive within the law schools to find differences from England, to look toward comparisons with other places than England.


Author(s):  
Joanna Miles

This chapter focusses on the legal position of cohabitants in English law, noting that these non-legally recognised couples are the fastest growing family type. It discusses the nature and the legal status of these relationships, and the lack of a coherent set of laws regulating them, instead requiring couples to hunt in various corners of the law in search of rights, duties and other legal provisions which are applicable to them.


Author(s):  
Sonia Harris-Short ◽  
Joanna Miles ◽  
Rob George

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines how the status of ‘legal parenthood’ is acquired under English law. It considers different concepts of parenthood and possible approaches to determining legal parenthood; the current legal framework for identifying a child's legal parents where a child is conceived through natural procreation; the problems and challenges raised by the use of assisted reproduction techniques and surrogacy; and adoption, a unique means of acquiring the legal status of parenthood under English law.


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