A study on Major legal issues with Joint bank account for Adult guardianship: Implications of the joint bank account in the Common law

2021 ◽  
Vol 35 (3) ◽  
pp. 131-180
Author(s):  
JinSoul Choi ◽  
Jeehoon Yun ◽  
Jewan Kim
Keyword(s):  
Common Law ◽  
Legal Issues ◽  
Bank Account ◽  
The Common

Product Safety Warnings: A Legal Review

1985 ◽  
Vol 4 (1) ◽  
pp. 80-90 ◽  
Author(s):  
Michael Ursic
Keyword(s):  
Common Law ◽  
Empirical Work ◽  
Product Liability ◽  
Product Safety ◽  
Legal Issues ◽  
Consumer Product ◽  
Comprehensive Review ◽  
Consumer Product Safety ◽  
The Common ◽  
The Law

It is imperative that businessmen understand the law concerning consumer product safety warnings if they are to minimize their losses in product liability suits; yet the legal issues in this area are often vague and complex. This paper will attempt to clarify these issues by providing a comprehensive review of the statutory and common law requirements concerning safety warnings. In addition, both the existing and the needed empirical work which could aid businessmen in complying with the common law will be delineated.

Banker's Liability in the Bank Deposit Relationship

1979 ◽  
Vol 14 (2) ◽  
pp. 164-183 ◽  
Author(s):  
R. Ben-Oliel
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Real Relationship ◽  
Bank Account ◽  
Doctoral Thesis ◽  
Legal Nature ◽  
The Common

This article is a section of a doctoral thesis recently presented on “The Juridical Nature of the Bank-Depositor Relationship”. Its object was to determine the legal nature of general deposits of money in a bank account.After discussing the various explanations in the context of some of the main Civil law systems (those of France, Italy, Spain and Portugal) the Common Law systems (England, U.S.A.) and under Israeli law, the author reached the conclusion that a bank deposit is not a deposit stricto sensu, being neither an irregular deposit nor a loan, nor even a combination of both, but rather a contract sui generis. In his opinion, the depositor, having placed his money in the bank still retains ownership of the fund: the bank acquires possession and may dispose of the customer's money, thus showing part ownership. In other words, a deposit in a bank implies a contractual fragmentation of the depositor's ownership between the customer and the bank. As a result thereof both parties maintain converging real rights in the fund, thus giving rise to a peculiar real relationship.

scholarly journals Civil Law and Common Law: Two Different Paths Leading to the Same Goal

2001 ◽  
Vol 32 (3) ◽  
pp. 817 ◽  
Author(s):  
Caslav Pejovic
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Legal Issues ◽  
Distinctive Features ◽  
Theoretical Examination ◽  
Legal Structure ◽  
Procedural Law ◽  
The Common ◽  
Substantive Law

"There are many ways to skin a cat".While there are many legal issues which are dealt with in the same way by the civil law and Common Law systems, there remain also significant differences between these two legal systems related to legal structure, classification, fundamental concepts and terminology. This paper does not deal with theoretical examination of differences between the common law and the civil law, but focuses rather on various distinctive features of civil law and common law, with several illustrations of resulting differences in both substantive law and procedural law. These differences are not examined in detail as they should serve only as illustration of those differences. The paper does not enter into polemic as to which legal system is better and what are the advantages of common law or of civil law. The purpose of this short study is simply to highlight some of the main conceptual differences between common law and civil law systems, and to explore the possibilities of reconciling of some of those differences.

Skype kids and the price elasticity of demand: constructing the common law constitution

2021 ◽  
Vol 71 (4) ◽  
pp. 651-671
Author(s):  
Chris Rowe
Keyword(s):  
Common Law ◽  
Legal Issues ◽  
Elasticity Of Demand ◽  
Price Elasticity Of Demand ◽  
The Poor ◽  
The Supreme Court ◽  
The Common ◽  
The Uk ◽  
Equal Citizenship ◽  
Constitutional Legitimacy

In 2017, the Supreme Court held that it was unlawful to charge a British citizen earning £15,000 a year approximately £160 to bring a claim to an employment tribunal, but lawful to prevent their partner from living with them in the UK. This article analyses these two decisions in relation to the Common Law Constitution (CLC). It shows that there was a profound discrepancy in the judicial approach, with structurally different tests employed at sharply different intensities, despite the two cases raising similar legal issues and both plausibly involving interests which have been protected at common law. It is argued that the CLC is being used as guise to promote a distinctive ideology, focused on a set of court-centred norms. This article questions the constitutional legitimacy of this development, which privileges certain norms whilst marginalising others, especially those conducive to the interests of the poor and equal citizenship.

scholarly journals Liability for the Payment of Public School Fees

2017 ◽  
Vol 14 (6) ◽  
pp. 33
Author(s):  
Marita Carnelley
Keyword(s):  
Public School ◽  
Primary School ◽  
Common Law ◽  
Legal Issues ◽  
The Common ◽  
Unjustified Enrichment

The author highlights some legal issues regarding the liability of parents and other individuals to pay public school fees in the light of recent judicial precedent, specifically Fish Hoek Primary School v GW 2009 JOL 24624 (SCA). The various possible legal bases for the liability for such fees are examined. In this regard the common law duty to maintain as amended by legislation; contractual liability; and the concepts of household necessaries, stipulatio alteri, negotiorum gestio and unjustified enrichment are considered.

Is Style of Reasoning a Fundamental Difference Between the Common Law and the Civil Law?

2017 ◽  
Vol 17 (2) ◽  
pp. 238-290
Author(s):  
Colm Peter McGrath ◽  
◽  
Helmut Koziol ◽  
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Fundamental Difference ◽  
The Common

Rediscovering Blackstone: wpływ Williama Blackstone’a na rozwój amerykańskiej nauki prawa w recepcji Alberta W. Alschulera

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska
Keyword(s):  
United States ◽  
18Th Century ◽  
Common Law ◽  
The United States ◽  
Law School ◽  
Large Measure ◽  
American Colonies ◽  
Late 18Th Century ◽  
American Law ◽  
The Common

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.

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