Open Judiciary in High Courts

2017 ◽  
pp. 36-54 ◽  
Author(s):  
Jesus Cano ◽  
Luis Pomed ◽  
Carlos E. Jiménez-Gómez ◽  
Roberto Hernández
Keyword(s):  
Information Technology ◽  
Civil Law ◽  
Point Of View ◽  
Constitutional Courts ◽  
Law System ◽  
High Courts ◽  
The World ◽  
Constitutional Justice ◽  
Civil Law System ◽  
Insight Into

With this work, it is hoped to offer an insight into open judiciary applied to the specific context of constitutional courts in the Civil Law system from both a legal and technological point of view. The advances in IT are now becoming the drivers of social change and new ways for citizens and public administrations to interrelate. Information technology has enabled a different way for citizens to access public services under an e-Government umbrella to a greater or lesser degree of success. In the area of e-Justice it would appear that advances are perceived in different ways, particularly in the higher courts. This chapter will set out how constitutional justice is integrated into the world of electronic justice as an example of a genuine challenge that is full of paradoxes.

Open Judiciary in High Courts

2020 ◽  
pp. 104-122
Author(s):  
Jesus Cano ◽  
Luis Pomed ◽  
Carlos E. Jiménez-Gómez ◽  
Roberto Hernández
Keyword(s):  
Information Technology ◽  
Civil Law ◽  
Point Of View ◽  
Constitutional Courts ◽  
Law System ◽  
High Courts ◽  
The World ◽  
Constitutional Justice ◽  
Civil Law System ◽  
Insight Into

With this work, it is hoped to offer an insight into open judiciary applied to the specific context of constitutional courts in the Civil Law system from both a legal and technological point of view. The advances in IT are now becoming the drivers of social change and new ways for citizens and public administrations to interrelate. Information technology has enabled a different way for citizens to access public services under an e-Government umbrella to a greater or lesser degree of success. In the area of e-Justice it would appear that advances are perceived in different ways, particularly in the higher courts. This chapter will set out how constitutional justice is integrated into the world of electronic justice as an example of a genuine challenge that is full of paradoxes.

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.

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.

Appeal and Cassation in Continental European Criminal Justice Systems

2019 ◽  
pp. 936-959
Author(s):  
Stephen C. Thaman
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Trial Courts ◽  
Law System ◽  
Administrative Control ◽  
High Courts ◽  
Criminal Justice Systems ◽  
Lower Courts ◽  
To Receive ◽  
Civil Law System

This chapterexamines appeal and cassation as procedural vehicles for challenging criminal judgments rendered by trial courts in five European countries: France, Germany, Italy, Russia and Spain. More specifically, it considers whether appeal and cassation serve as guarantees of factual accuracy in criminal judgments or as vehicles by which the high courts exercise administrative control over the work of lower courts. The chapter first provides an overview of the hierarchical model of criminal procedure in the civil law system before discussing the structural and philosophical differences between Continental European (civil law) and common law systems. It also describes how appeal and cassation have developed from their classical forms and concludes with an analysis of how they function today, noting that acquittals seem to receive enhanced scrutiny on appeal and cassation in European jurisdictions.

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.

Twenty-Five Years of Civil Law System in Kuwait

1986 ◽  
Vol 1 (2) ◽  
pp. 216
Author(s):  
Isa A. Huneidi
Keyword(s):  
Civil Law ◽  
Law System ◽  
Civil Law System

The Civil Law System. Cases and Materials

1958 ◽  
Vol 106 (8) ◽  
pp. 1180
Author(s):  
George W. Stumberg ◽  
Arthur T. von Mehren
Keyword(s):  
Civil Law ◽  
Law System ◽  
Civil Law System

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.

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