A Golden Era? The Impact of the Scottish Law Commission on Property Law

2015 ◽  
Keyword(s):  
Property Law ◽  
The Impact ◽  
Law Commission

"What God hath joined ...": Religious perspectives on marriage and divorce in late Victorian Canada

2009 ◽  
Vol 38 (1) ◽  
pp. 5-25
Author(s):  
Marguerite Van Die
Keyword(s):  
Final Section ◽  
Community Networks ◽  
Lived Religion ◽  
Property Law ◽  
Religious Perspectives ◽  
Recent Debate ◽  
Definition Of ◽  
The Impact ◽  
Folk Tradition

Prompted by recent debate and legislation in Canada about the definition of "marriage," this article explores the impact of socio-economic change and stress upon marriage as an institution among the middle class in Victorian Canada. It does this through the lens of "lived religion" as defined by Robert Orsi and others, taking the form of a case study of a marital scandal involving a respected Presbyterian minister in Brantford, Ontario in 1883. This is placed within the wider context of competing definitions of marriage as found in folk tradition and community networks, in various ecclesiastical marriage liturgies, and in marriage, divorce and property law. In its final section it examines the contradictions, tensions and anxieties that surrounded these definitions in late Victorian Canada as a result of changes in people's experience of space and time. It concludes by briefly drawing attention to the nature of "lived religion" and its implications in redefining marriage within a society that today has become highly urbanized, secular and pluralistic.

scholarly journals Women's Experiences of the Justice System

1997 ◽  
Vol 27 (4) ◽  
pp. 649
Author(s):  
J Morris
Keyword(s):  
New Zealand ◽  
Justice System ◽  
Access To Justice ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
The Law ◽  
The Impact ◽  
Law Commission

This article considers the impact of gender upon women's experiences of the New Zealand justice system, as lawyers and clients. As well as summarising study and survey material, it draws upon information provided to the Law Commission in the course of its project on Women's Acces to Justice: He Putanga mo nga Wahine ki te Tika. It concludes that women are still significantly disadvantaged by the justice system as a result of their gender and that there is an ongoing need for debate and consideration of these issues if women's access to justice is to be improved.

scholarly journals Diplomatic protection in international law and the United Nations

2013 ◽  
pp. 667-681
Author(s):  
Bojan Milisavljevic
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Customary Law ◽  
Diplomatic Protection ◽  
History Of ◽  
The United Nations ◽  
International Law Commission ◽  
The Impact ◽  
Law Commission

The paper deals with the issue of the diplomatic protection in international law and its development through the history of the international community. In this sense, the author investigates the practice of states regarding the application of diplomatic protection and the steps taken by the International Law Commission of the United Nations on the codification of this area. In 2004 International Law Commission adopted at first reading a full set of draft articles. In this paper is presented judicial practice, especially of the International Court of Justice, in the field of diplomatic protection in order to evaluate whether the approach of the Court to diplomatic protection has become more human-rights oriented in the last few years. Author presents the development of customary law rules relating to diplomatic protection and its transition into a whole system of rules through the work of the International Law Commission. In this sense, these are the basic stages in the codification of rules on diplomatic protection and the United Nations contribution to the protection of the rights of foreign nationals. This article points the development of universal and regional mechanisms to protect human rights and highlights the impact of those mechanisms on traditional measures of diplomatic protection.

Modernising remedies for breach of repairing covenants

1999 ◽  
Vol 58 (2) ◽  
pp. 265-293
Author(s):  
Stuart Bridge
Keyword(s):  
Property Law ◽  
High Court ◽  
Specific Performance ◽  
Effective Compliance ◽  
The Law ◽  
Effective Remedy ◽  
Law Commission

THE obvious, and potentially most effective, remedy for breach of a repairing covenant in a lease is specific performance. All such decrees are of course discretionary. Although there are “well-established principles which govern the exercise of the discretion . . . these, like all equitable principles, are flexible and adaptable to achieve the ends of equity” (per Lord Hoffmann in Co-operative Insurance Society Ltd. v. Argyll Stores (Holdings) Ltd. [1998] A.C. 1, 9). However, since the decision of Lord Eldon L.C. in Hill v. Barclay (1810) 16 Ves. 402, specific performance of repairing covenants was considered generally unavailable on three grounds: the want of mutuality between landlord and tenant; the impossibility of defining adequately the works to be done; and the need for the constant supervision of the court to ensure that effective compliance is obtained. In its 1996 Report on Landlord and Tenant: Responsibility for State and Condition of Property (Law Com. No. 238), the Law Commission recommended legislation to give the court power to make orders for specific performance in any lease or tenancy. Now, the High Court appears to have made legislation unnecessary. In Rainbow Estates Ltd. v. Tokenhold Ltd. [1999] Ch. 64 (Lawrence Collins Q.C. sitting as a deputy) it has done Parliament's work for it.

From Little King to Landlord: Property, Law, and the Gift under the Madras Permanent Settlement

1986 ◽  
Vol 28 (2) ◽  
pp. 307-333 ◽  
Author(s):  
Nicholas B. Dirks
Keyword(s):  
Eighteenth Century ◽  
The Other ◽  
Property Law ◽  
Colonial Rule ◽  
Colonial State ◽  
Social Forms ◽  
Early Colonial ◽  
The Gift ◽  
Permanent Settlement ◽  
The Impact

In the last few years, modern historians of India have pushed the historical frontier of their field backwards in time. Colonialism is no longer considered the great watershed it once was thought to be. Historians who concern themselves with economic processes such as protoindustrialization tend in particular to minimize the impact of the consolidation of colonial rule in the late eighteenth century. Changes viewed as significant by these historians usually begin with the introduction of capitalism and the early encroachment of a world system, both of which predate the full political realization of colonialism. Historians who concern themselves with political changes tend in the other direction, although increasingly they have proposed major continuities between the ancien régime and the early colonial state. Historians concerned with social change view colonialism as significant but invoke various new forms of dualism to account for the limited effects of colonialism on local social forms. Whatever their differences, all of these historians agree that the seventeenth and eighteenth centuries are crucial for viewing later changes in economy, polity, and society, and, from their varying theoretical and ideological perspectives, delight in excoriating traditional views of India as static and “traditional” before the arrival of the British.

scholarly journals Evaluation Concepts in Russian Codifications of Civil Law

Lex Russica ◽  
2019 ◽  
pp. 37-50
Author(s):  
V. G. Golubtsov
Keyword(s):  
Essential Feature ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Property Law ◽  
Private Law ◽  
Private And Public ◽  
The Impact ◽  
Basic Evaluation

Based on general legal and civilistic experience in the study of evaluative concepts, the author investigates the general and the specific in their civil law nature. As the result of the study, the author draws the conclusion that the existence of evaluative concepts forms a distinctive essential feature of civil law as private law. It is noted, however, that the doctrine, law-maker and law-enforcer need basic guidelines that will allow to define objective criteria for nominating concepts as evaluative, as well as for determining the boundaries of their systematic interpretation. Also, the author concludes that the impact of evaluation concepts on legal regulation in private and public law is different. In civil law, depending on the localization in the text of the Civil Code, it is possible to distinguish two groups of evaluation concepts. The first group includes the basic evaluation concepts that allow us to see the goals, meaning and specifics of civil law regulation. The second group, in the author’s opinion, includes peripheral evaluation concepts that are utilized by property law and separate contractual constructions and the presence of which allows to avoid unnecessary causality and, at the same time, makes it possible to bring legal regulation closer to real relations.

No Longer Unregulated, but Still Controversial: Home Sharing and the Sharing Economy

2019 ◽  
Author(s):  
Callum Ritchie ◽  
Brendan Grigg
Keyword(s):  
Sharing Economy ◽  
Technological Innovations ◽  
Property Law ◽  
Short Term ◽  
Rental Market ◽  
For Profit ◽  
Australian Context ◽  
The Impact ◽  
Made In

The short-term rental accommodation market has experienced incredible growth as a result of technological innovations. This article explores the impact of this phenomenon on property and the concept of ownership in Australia. It does so, first by drawing on Kellen Zale’s framework of sharing, which breaks down the activities associated with the sharing economy and applies it in the Australian context. This helps us understand that in many respects, short-term rental accommodation is better characterised as part of the sharing-for-profit economy. This characterisation explains and justifies the choices that Australian states and territories have made in regulating the short-term rental market. This article also analyses disputes that have arisen in Australia concerning short-term rentals, and concludes that whilst the sharing economy prioritises access to property over ownership of it, property law continues to protect the privilege of ownership.

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