scholarly journals Notary According To Civil Law And Common Law That Related Strongly With International Civil Transactions

Jurnal Akta ◽  
2020 ◽  
Vol 7 (3) ◽  
pp. 285
Author(s):  
Ma - Junyu
Keyword(s):  
International Trade ◽  
Common Law ◽  
Civil Law ◽  
Legal Services ◽  
Legal Systems ◽  
Foreign Investors ◽  
Law System ◽  
The World ◽  
Taxation System ◽  
Civil Law System

The world is increasingly without borders which has an impact on legal services such as the world of civilization, especially notary. However, in reality there are still many intersections of legal systems that are increasingly widespread in the notary world that are included in civil law, for example, the practice of international trade has made the boundaries between legal systems increasingly thin. Including differences in the use of legal systems such as Civil Law and Common Law in each country also affects the development and type of civil law system. For example, the bookkeeping and business taxation system will be built based on certain legal systems across jurisdictional boundaries including land lease agreements for industries with foreign investors.

Justification of Acquisitive Prescription in the Civil Law System. Why is It Not an “Uncompensated Deprivation?

2015 ◽  
Vol 1 (3) ◽  
pp. 170
Author(s):  
Silvana Dode
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Civil Law ◽  
Bad Faith ◽  
Law System ◽  
European Court ◽  
The World ◽  
Adverse Possession ◽  
The Common ◽  
Civil Law System

Acquisitive prescription (a civil law institute) and Adverse Possession, its equivalent in the common law system is alreadya consolidated private law institute. It is recognised from the legal systems of almost each country in the world and is among the most important original ways of gaining ownership.Its constitutionality and the fact that should it be recognized from a legal system or not was brought in question in 2002, sparking a debate between lawyers in the world. The debate rose after the announcement of the decision of the ECHR (European. Court of Human Rights) in the case JA Pye ( Oxford) Ltd vs Graham. The Fourth Chamber of the ECHR held that acquisitive prescription is actually an 'uncompensated deprivation. First, we will analyze the main theories on the basis of which this institute is justified. The question to be raised for the review of the article is whether prescription is morally and legally justified, especially in the case of prescription in bad faith. In the end, it will be reached the conclusion that there are justified reasons for the prescription and it is a very useful institution inthe civil circulation. But preliminary stricter legal criteria must be met for the recognition of the property right by prescription, especially in the case of bad faith prescription. The law should aim to provide a greater protection to the legitimate owner.

scholarly journals Attribution of Liability among Multiple Tortfeasors under Negligence Law: Causation in Iran and England

2016 ◽  
Vol 9 (7) ◽  
pp. 219
Author(s):  
Elyas Noee ◽  
Mohammad Noee ◽  
Azadeh Mehrpouyan
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Tort Law ◽  
Legal Systems ◽  
Law System ◽  
Common Law System ◽  
Negligence Law ◽  
Civil Law System

“Causation” possesses a considerable place in tort law of Iran and England particularly in the field of Negligence law. Existing differences in legal systems of Iran (as a Civil Law system) and England (as a Common Law system) make find a common perspective difficult to study causation but possible. This research focuses to compare causation in cases where more than one tortfeasors is involved in inflicting damage by negligence. This study also attempts to recognize differences and similarities between Iran and England in order to resolve ambiguities in Iran legal system through England legal system. The study was conducted in three sections including tortfeasors’ indenpendancy, tortfeasors’ contribution, and tortfeasors’ separate impact. This paper reports respectively: in case of tortfeasor independency, Iran law admits jointly and severally liability while England law offers a variety of approaches in various cases; in case of tortfeasors’ contribution, each tortfeasor is liable according to its effect on causing damage with few exceptions; and in case of tortfeasors’ separate impact, per tortfeasor is liable for inflicted damage which is only from oneself side. The results show England law can be considered to filling legal gap of Iran law regarding present identified differences and similarities.

Justification of Acquisitive Prescription in the Civil Law System. Why is It Not an “Uncompensated Deprivation?

2015 ◽  
Vol 3 (1) ◽  
pp. 170
Author(s):  
Silvana Dode
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Civil Law ◽  
Bad Faith ◽  
Law System ◽  
European Court ◽  
The World ◽  
Adverse Possession ◽  
The Common ◽  
Civil Law System

Acquisitive prescription (a civil law institute) and Adverse Possession, its equivalent in the common law system is alreadya consolidated private law institute. It is recognised from the legal systems of almost each country in the world and is among the most important original ways of gaining ownership.Its constitutionality and the fact that should it be recognized from a legal system or not was brought in question in 2002, sparking a debate between lawyers in the world. The debate rose after the announcement of the decision of the ECHR (European. Court of Human Rights) in the case JA Pye ( Oxford) Ltd vs Graham. The Fourth Chamber of the ECHR held that acquisitive prescription is actually an 'uncompensated deprivation. First, we will analyze the main theories on the basis of which this institute is justified. The question to be raised for the review of the article is whether prescription is morally and legally justified, especially in the case of prescription in bad faith. In the end, it will be reached the conclusion that there are justified reasons for the prescription and it is a very useful institution inthe civil circulation. But preliminary stricter legal criteria must be met for the recognition of the property right by prescription, especially in the case of bad faith prescription. The law should aim to provide a greater protection to the legitimate owner.

scholarly journals Administration Of Justice Under The Shariah, Common Law And Civil Law System: Towards A Better Understanding

2010 ◽  
Vol 2 ◽  
Author(s):  
Mashood A. Baderin
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Legal Systems ◽  
Law System ◽  
Administration Of Justice ◽  
Effective Administration ◽  
Substantive Justice ◽  
The Common ◽  
Civil Law System ◽  
Do So

There is today a general perception that the traditional differences between the Common Law and Civil Law systems have shrunk greatly and that both, being secular “Western” systems, should be able to accommodate one another and impact on one another easily and positively. It is the Shar_‘ah system, being based on divine law, that is often perceived as being radically different and possibly not having anything in common with either the Common Law or the Civil Law systems respectively. Our analysis of administration of justice in this paper however demonstrates that the jurisprudence of the three legal systems have evolved along similar lines and that under each of the systems the relevant theories and principles of administration of justice have been  influenced by reasonableness and expediency which gives room for the necessary flexibility to ensure the realisation of substantive justice under each one of the three legal systems, if there is the political and judicial will to do so on the part of the ruling authority, the judiciary and other relevant institutions of administration of justice respectively. In view of the continuing interaction between the three legal systems in different countries of the world today, there is a need to continue promoting a better understanding of the systems to enhance an effective administration of justice across the legal systems globally.

scholarly journals A comparative assessment of the agency concept, with special regard to the Romanian approach

2021 ◽  
Vol 2 (11) ◽  
Author(s):  
SCHIAU Ioan
Keyword(s):  
International Trade ◽  
Common Law ◽  
Civil Law ◽  
Comparative Assessment ◽  
Law System ◽  
The Subject ◽  
Modern Context ◽  
The Common ◽  
Civil Law System ◽  
Initial Concept

The concept of agency was developed and refined in the common law system and, thereafter, imported in the continental civil law system where was confronted with the classic institution of the mandate, based on the representation principle. The modern context of the commerce globalisation and the need to assimilate legal instruments that are often used in the international trade, determined the global and European lawmakers to seek a proper harmonised regulation for the agency contract. Romania produced a first regulation of agency through Law 509/2002 regarding the permanent commercial agents and, thereafter,continued the process through the incorporation of the subject in the Civil Code. This paper examines the conformity of the European and Romanian regulations regarding the agency with the initial concept that, purportedly, inspired the afore said lawmakers.

scholarly journals Contract Law Of Malaysia and Indonesia: Some Basic Comparison

1993 ◽  
Vol 23 (4) ◽  
pp. 308
Author(s):  
Shaik Mohd Noor Alam S.M. Hussain
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Contract Law ◽  
Law System ◽  
Common Law System ◽  
Civil Law System

Malaysia dan Indonesia memiliki persamaan dan perbedaan dalam sistem hukum. Keduanegara mengenal Hukum Islam dan Hukum Adat. Namun berkenaan dengan hukum Baratmaka Malaysia menganut "Common Law System ", sedangkan Indonesia negeri yangdimasukkan dalam "Civil Law System ". Karangan berikut ini mencoba memperbandingkansahnya suatu perjanjian menurut hukum "Common Law" Malaysia dan "Civil Law" Indonesia. Terlihat adanya perbedaan dalam unsur-unsur yang harus dipenuhi untuk sahnya suatu perjanjian di kedua negara tersebut.

Canada—Nova Scotia

2015 ◽  
Author(s):  
Alex Ruck Keene ◽  
QC Alison Scott Butler
Keyword(s):  
Nova Scotia ◽  
Civil Rights ◽  
Federal Government ◽  
Common Law ◽  
Civil Law ◽  
Political Rights ◽  
Canadian Charter ◽  
Law System ◽  
The Common ◽  
Civil Law System

Canada is a federation composed of ten provinces, including Nova Scotia (‘NS’), and three territories. The common law applies in Canada, with the exception of the province of Quebec, which uses a civil law system. There is a federal government; as a province, NS also exercises constitutional powers in its own right. Federal legislation includes provisions relating to adults within the scope of this work. The Canadian Charter of Rights and Freedoms also guarantees certain political rights to Canadians and civil rights to everyone in Canada, and contains rights that impact upon capacity law.

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.

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