scholarly journals La Influencia de las Asimetrías Institucionales en la Traducción Jurídica y Administrativa Estudio de Caso: Marruecos y España

2018 ◽  
Vol 5 (1) ◽  
pp. 159-169
Author(s):  
Abderrahim El Jirari
Keyword(s):  
Comparative Analysis ◽  
Legal System ◽  
Estudio De Caso

Resumen: Existe una notable asimetría institucional entre Marruecos y España que hace que el traductor se enfrente a unas dificultades para encontrar términos equivalentes entre las lenguas de trabajo, por lo cual, resulta importante realizar un análisis comparativo en el marco del ordenamiento jurídico en el que se gestan los textos de traducción, puesto que los diccionarios bilingües y monolingües han demostrado que son insuficientes para dar respuesta a los problemas de traducción. Este artículo parte de la concepción de la traducción jurídica-administrativa como una labor que trasciende el ámbito puramente terminológico y lingüístico.Abstract: There is a notable institutional asymmetry between Morocco and Spain, which makes it difficult for the translator to find equivalent terms among the working languages, and it is therefore important to carry out a comparative analysis within the framework of the legal system in which translated texts are produced, since bilingual and monolingual dictionaries have shown that they are insufficiently able to resolve problems involving translation. This article starts from the conception of legal-administrative translation as a task that transcends the purely terminological and linguistic field.

scholarly journals On the contracts related to matrimonial property

2002 ◽  
Vol 74 (9-10) ◽  
pp. 339-350
Author(s):  
Jožef Salma
Keyword(s):  
Comparative Analysis ◽  
Free Will ◽  
Legal System ◽  
Equitable Distribution ◽  
Positive Law ◽  
Separate Property ◽  
Marital Agreement

Positive law in Serbia does not provide for the possibility of a marital agreement. After the comparative analysis, the author suggests that the introduction of this type of contract into our legal system would certainly prevent a number of equitable distribution disputes. If this type of contract was introduced, it would certainly promote the free will of spouses as well as the advantages of having the separate property.

Third Party Beneficiary: A Comparative Analysis

1976 ◽  
Vol 11 (3) ◽  
pp. 315-338 ◽  
Author(s):  
Gabriela Shalev
Keyword(s):  
Comparative Analysis ◽  
Legal System ◽  
Common Law ◽  
Third Party ◽  
Critical Examination ◽  
Legal Research ◽  
General Part ◽  
The Common ◽  
Comparative Survey ◽  
The Right

Chapter 4 of the new Israeli Contracts (General Part) Law, 1973, introduces the concept of a contract in favour of a third party, while granting express recognition to the right of a third party beneficiary. Even those, (including the author) who maintain, that the right of a third party beneficiary could and should be derived, even before the commencement of the new Law, from the general principles and premises of the old Israeli law of contract, cannot fail to see in the above-mentioned chapter an important innovation in the Israeli legal system.This paper is a comparative analysis of the institution of third party beneficiary. The analysis will consist of a presentation and critical examination of the central concepts and doctrines involved in the institution under discussion, and it will be combined with a comparative survey of the arrangements adopted in various legal systems. The choice of this approach stems from the particular circumstances of the new legislation.While in most countries, comparative legal research is a luxury, in Israel it is a necessity. The new legislation in private law is inspired to a great extent by Continental codifications. As far as the law of contract is concerned, Israel is now in the process of becoming a “mixed jurisdiction”: departing from the common law tradition and technique, and heading towards an independent body of law, derived from various sources, mainly Continental in both substance and form.

Property in Digital Coins

2019 ◽  
Vol 8 (1) ◽  
pp. 64-101 ◽  
Author(s):  
J.G. Allen
Keyword(s):  
Comparative Analysis ◽  
Property Rights ◽  
Legal System ◽  
Property Law ◽  
Conceptual Basis ◽  
Electronic Book ◽  
Plausible Account ◽  
Satisfactory Account ◽  
Initial Coin Offerings

Abstract Digital coins have burst into mainstream awareness recently, mainly as a result of high-worth ‘Initial Coin Offerings’ (‘ICOs’). The most immediate question in the legal treatment of digital coins is whether they are properly seen as digital ‘commodities’, and/or as ‘securities’, and/or as units of ‘money’. But the conceptual underpinnings of these categories are not clear, nor is it clear how these categories relate to each other; no legal system currently deals adequately with incorporeal objects as objects of property law. This category includes not only digital coins but also some forms of conventional money and securities. Establishing a satisfactory account of their treatment in property law is therefore a necessary first step to incorporating digital coins into private law theory. I argue that this task is best approached on the basis of a plausible ontology of incorporeal objects, including those embodied in paper (i.e. banknotes and conventional securities) and those that exist natively in ‘cyberspace’ (i.e. electronic ‘book-money’, modern securities, and now digital coins). We therefore urgently need to develop a plausible account of a how packets of data can be treated as an object of property rights. Using a comparative analysis of English law and Civilian law (particularly German) concepts of property as an entry point into this complex of problems, I explore the ontology of incorporeal objects and the role of documentation in their creation and maintenance as part of the ‘ontic furniture’ of our economic world. I explore the conceptual basis of property in digital coins in terms of a new category of property. Such a category is long overdue and will be increasingly important in the future.

The New Swiss Constitution: Foreign and International Influences

2002 ◽  
Vol 30 (2) ◽  
pp. 256-264 ◽  
Author(s):  
Walter Haller
Keyword(s):  
Comparative Analysis ◽  
French Revolution ◽  
Legal System ◽  
Fundamental Rights ◽  
Founding Fathers ◽  
Swiss Constitution ◽  
Advantages And Disadvantages ◽  
Fundamental Rights And Freedoms ◽  
The U.S ◽  
The French Revolution

The comparative analysis of diverse constitutional orders enables a more sophisticated evaluation of the advantages and disadvantages of different models and solutions. Quite often it also serves practical objectives, providing the impulse for improving our own legal system by carefully adopting institutions and procedures that have proven themselves elsewhere. In the case of the Swiss Constitution, the influence of thoughts and concepts developed during the French Revolution and by the Founding Fathers of the U.S. Constitution is quite obvious. More recently, international influences are most apparent in the field of fundamental rights and freedoms.

Rechtsfragen medizinischer Intervention bei intersexuell geborenen Minderjährigen

2020 ◽  
Author(s):  
Helen Lindenberg
Keyword(s):  
Comparative Analysis ◽  
Surgical Treatment ◽  
Informed Consent ◽  
Medical Practice ◽  
Legal System ◽  
German Law ◽  
Current Medical ◽  
Policy Objective ◽  
Gender Reassignment ◽  
Current Medical Practice

A lot of intersexual children undergo gender reassignment surgery to achieve clear classification as being either male or female. In this work, the current medical practice in this regard is examined in terms of its compatibility with German law. The study focuses on informed consent regarding such medical treatment. Furthermore, a comparative analysis of the legal systems in Germany, Austria and Switzerland aims to analyse whether certain regulations concerning the different forms of consent in this respect should be incorporated into the German legal system. All in all, the work pursues a legal policy objective, and develops and evaluates different approaches to improving the situation of intersexual individuals beyond surgical treatment.

Educação no Cárcere: Análise Comparativa das Legislações Brasileira e Argentina / Education in Prison: a Comparative Analysis of the Brazilian and Argentine Legislation

2017 ◽  
Author(s):  
Elton Dias Xavier ◽  
Roberta Cardoso Silva
Keyword(s):  
Comparative Analysis ◽  
Legal System ◽  
Comparative Approach ◽  
Regulatory Frameworks

ResumoO artigo tem como objetivo analisar, comparativamente, os marcos normativos legais que regulam a oferta de educação no âmbito prisional, no Brasil e na Argentina. A princípio, discutem-se alguns pontos relacionados à educação nas prisões. Dando sequência, apresenta-se a legislação bem como algumas discussões existentes no Brasil sobre o tema “educação no cárcere”. Em seguida, faz-se uma análise desses mesmos aspectos – legislação e estudos sobre o tema proposto – no contexto argentino. Após isso, é realizada uma abordagem comparativa em torno dasespecificidades e (in)congruências percebidas no ordenamento jurídico de ambos os países no que tange à legislação sobre educação em presídios. Por fim, são feitas algumas considerações acerca dos pontos discutidos no decorrer deste trabalho. AbstractThe article aims to analyze, comparatively, the legal, regulatory frameworks that rule the provision of education in the prison context in Brazil and Argentina. At first, we discussed a few points related to education in prisons. Then, it presents the legislation and some current discussions in Brazil on "education in prison.” In the same way, it makes an analysis of those aspects - legislation and studies on the theme - in the Argentinian context. After that, we performed a comparative approach of the specifics and (in)congruencies perceived in the legal system of both countries regarding the legislation on education in prisons. Finally, we made some considerations on the main points discussed in the article.

scholarly journals Research on the Right of Innocent Passage in the Territorial Waters

2021 ◽  
Author(s):  
Shihao Yang ◽  
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Legal System ◽  
Historical Analysis ◽  
Current Position ◽  
Depth Analysis ◽  
The Right

This article takes the relevant legal system of innocent passage in the territorial waters in international law as the research object, combines the knowledge of jurisprudence, comprehensively uses comparative analysis, historical analysis, and law hermeneutics. Based on an in-depth analysis of the innocent passage system, the relevant practices and positions of various countries about the innocent passage system in territorial waters are summarized, and various issues such as whether innocent passage system in territorial waters is applicable to the warships are discussed. And analyzes China’s current position and practice on innocent passage system, and then put forward suggestions for improvement.

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