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

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.

2018 ◽  
Vol 2 (2) ◽  
pp. 113-141
Author(s):  
Humberto Dalla Pinho

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. 


2018 ◽  
Vol 2 (2) ◽  
pp. 113-141
Author(s):  
Humberto Dalla Pinho

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. 


2014 ◽  
Vol 5 (4) ◽  
Author(s):  
Svetlana Tulaeva

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.


2018 ◽  
Vol 2 (2) ◽  
pp. 113-141
Author(s):  
Humberto Dalla Pinho

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. 


2019 ◽  
Vol 72 (1) ◽  
pp. 37-57
Author(s):  
Ambreena Manji

Abstract Since 2015, when the UK legislated a target for aid spending, the nature of its spending on official development assistance has changed significantly. Government departments not traditionally associated with spending aid have found themselves in charge of disbursing aid funds as a result of that year’s spending review. The vote to exit the European Union has subsequently introduced a number of uncertainties. What considerations will be at play in UK aid spending after Brexit? What will become of official development assistance currently spent through European mechanisms? In what sort of configuration might the Department for International Development and other government departments find themselves? The focus of this paper is on how the vote to leave the European Union might affect the way the UK spends aid. It asks whether the legal framework for this spending is robust enough to withstand the demands that a new post-Brexit political and economic context will make.


2019 ◽  
Vol 15 (1) ◽  
pp. 69-94
Author(s):  
Josh B. Martin ◽  
Toby Gane

Abstract Despite the United Kingdom (UK) having been regarded as one of the richest hotspots for underwater cultural heritage (UCH), its policy and practice regarding its protection has displayed some areas of weakness. This paper makes a case to review the legal framework and its overall administration in the UK, in order to protect and preserve any remaining UCH before it is further lost or damaged. First, we introduce some of the flaws in the UK’s legal system protecting UCH, demonstrating how it has led to a considerable loss of cultural heritage and underlining how it is in need of modernisation. This includes discussion of issues raised in a number of recent cases, including the proposed Victory (1744) recovery project, the proposed Goodwin Sands dredging licence and various cases relating to the illegal recovery of material. We then map out how policy is implemented in practice and the role played by various institutions involved with its administration, where we find a schism between what policy intends and what it is achieving in practice. This takes us towards a broader discussion on how legislative reform might look, including a more proactive and ambitious approach to the future management and enjoyment of the UK’s impressive UCH. Here we argue the need for better engagement at the global and regional negotiating table, as well as in favour of adopting a unified and consistent policy which aims to be more sustainable, precautionary, proportionate and inclusive.


2014 ◽  
Vol 2 (2) ◽  
pp. 113-141
Author(s):  
Humberto Dalla Pinho

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. 


2014 ◽  
Vol 1 (1) ◽  
pp. 48-67
Author(s):  
Vinesh M Basdeo ◽  
Moses Montesh ◽  
Bernard Khotso Lekubu

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.


2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Eko Wahyono ◽  
Rizka Amalia ◽  
Ikma Citra Ranteallo

This research further examines the video entitled “what is the truth about post-factual politics?” about the case in the United States related to Trump and in the UK related to Brexit. The phenomenon of Post truth/post factual also occurs in Indonesia as seen in the political struggle experienced by Ahok in the governor election (DKI Jakarta). Through Michel Foucault's approach to post truth with assertive logic, the mass media is constructed for the interested parties and ignores the real reality. The conclusion of this study indicates that new media was able to spread various discourses ranging from influencing the way of thoughts, behavior of society to the ideology adopted by a society.Keywords: Post factual, post truth, new media


Author(s):  
Sayyid Mohammad Yunus Gilani ◽  
K. M. Zakir Hossain Shalim

AbstractForensic evidence is an evolving science in the field of criminal investigation and prosecutions. It has been widely used in the administration of justice in the courts and the Western legal system, particularly in common law. To accommodate this new method of evidence in Islamic law, this article firstly, conceptualizes forensic evidence in Islamic law.  Secondly, explores legal frameworks for its adoption in Islamic law. Keywords: Forensic Evidence, legal framework, Criminal Investigation, Sharīʿah.AbstrakBukti forensik adalah sains yang sentiasa berkembang dalam bidang siasatan jenayah dan pendakwaan. Ia telah digunakan secara meluas dalam pentadbiran keadilan di mahkamah dan sistem undang-undang Barat, terutamanya dalam undang-undang common (common law). Untuk menampung kaedah pembuktian baru ini dalam undang-undang Islam, artikel ini, pertamanya, konseptualisasikan bukti forensik dalam undang-undang Islam. Kedua, ia menerokai rangka kerja undang-undang untuk penerimaannya dalam undang-undang Islam.Kata Kunci: Bukti Forensik, Rangka Kerja Guaman, Siasatan Jenayah, Sharīʿah.


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