Civil Law Effects of Conduct of Business Rules before National Courts

2019 ◽  
Keyword(s):  
Civil Law ◽  
Business Rules ◽  
National Courts

Part II The Sources of the Law of State Immunity, 6 The Restrictive Doctrine of State Immunity: Its Recognition in State Practice

2015 ◽  
Author(s):  
Fox Hazel ◽  
Webb Philippa
Keyword(s):  
Civil Law ◽  
National Courts ◽  
State Immunity ◽  
The Us ◽  
State Practice ◽  
History Of ◽  
General Recognition ◽  
The Law ◽  
The Uk ◽  
International Law Commission

This chapter recalls the history of the law of State immunity through the decisions of the national courts in both common and civil law jurisdictions and recounts the general recognition in common and civil law jurisdictions of the restrictive doctrine as well as its adoption by national legislation in 1976 in the US (the Foreign Sovereign Immunities Act 1976 (FSIA)) and in 1978 in the UK (the State Immunity Act 1978 (SIA)) followed by similar legislation in some Commonwealths and other countries. The conclusion drawn from State practice in surveys conducted by the International Law Commission (ILC) and the Council of Europe is that there is wide and ever increasing support for a restrictive doctrine of immunity.

BASIC FUNDAMENTALS OF CIVIL LAW AND THEIR IMPORTANCE

2019 ◽  
pp. 120-126
Author(s):  
Diana Vivcharuk
Keyword(s):  
Law Enforcement ◽  
Scientific Knowledge ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
Practical Significance

Purpose. The purpose of the article is the regulation of relations on the principles of civil law. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, functional, systemic-structural, logical-normative. Results: it was determined, that principles of civil law – an ideas of the civil law, that characterized by systematic,versatile, more stable, more regylated. Originality. An article is the special reseach that explores the problems of civil law in Ukraine. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

The Puzzling Paradox Presented within the African Supranational Judicial Institutions: The ECOWAS Court of Justice

2020 ◽  
Vol 28 (Supplement) ◽  
pp. 86-109
Author(s):  
Kehinde Ibrahim
Keyword(s):  
Human Rights ◽  
West African ◽  
African Region ◽  
The West ◽  
Political Will ◽  
National Courts ◽  
Court Of Justice ◽  
West African Region

The judgments of the ECOWAS Court, which are final and immediately binding, are vital for the realisation of ECOWAS aims and objectives. The enforcement of its judgments is particularly important in the case of individuals whose enjoyment of fundamental human rights, as guaranteed under the ECOWAS Community laws, is dependent on effective enforcement. Yet, an existential puzzling paradox emanates through a poor record in the implementation of the ECOWAS Court's judgments. This problem, which is not limited to the West African region deserves scrutiny and concrete proposals. Legal and political considerations surface in assessing the existence of this paradox, and despite the lack of a consistent political will, to implement the decisions of ECOWAS Court relevant judicial actors have roles to play. National courts could take a bolder approach in complementing the work of the ECOWAS Court. The ECOWAS Court itself could put in place concrete mechanisms and adopt certain practices to address this poor record of non-implementation. It is yet to be seen how substantive mechanisms would work in practice.

Academic Feud, Bloodfeud, and William Welwood: Legal Education in St Andrews, 1560–1611-Part I

1998 ◽  
Vol 2 (2) ◽  
pp. 158-179 ◽  
Author(s):  
John W Cairns
Keyword(s):  
Seventeenth Century ◽  
Sixteenth Century ◽  
Legal History ◽  
Legal Education ◽  
Civil Law ◽  
Legal Culture ◽  
Roman Law ◽  
Joint Meeting ◽  
Academic Education

This article, in earlier versions presented as a paper to the Edinburgh Roman Law Group on 10 December 1993 and to the joint meeting of the London Roman Law Group and London Legal History Seminar on 7 February 1997, addresses the puzzle of the end of law teaching in the Scottish universities at the start of the seventeenth century at the very time when there was strong pressure for the advocates of the Scots bar to have an academic education in Civil Law. It demonstrates that the answer is to be found in the life of William Welwood, the last Professor of Law in St Andrews, while making some general points about bloodfeud in Scotland, the legal culture of the sixteenth century, and the implications of this for Scottish legal history. It is in two parts, the second of which will appear in the next issue of the Edinburgh Law Review.

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