scholarly journals Forum of necessity in Quebec Private International Law: C.c.Q. art. 3136

2014 ◽  
Vol 35 (1) ◽  
pp. 61-124
Author(s):  
John P. McEvoy
Keyword(s):  
Critical Factor ◽  
Comparative Approach ◽  
Private International Law ◽  
Legislative History ◽  
Swiss Law ◽  
General Rules ◽  
History Of ◽  
The Common ◽  
Effective Remedy ◽  
Court Of Appeal

Article 3136 C.c.Q. is a departure from the general rules of jurisdiction applicable to a Quebec authority. Based on the principle of necessity and in the absence of an appropriate forum, it authorizes an authority to exercise jurisdiction in relation to a matter not subject to its direct jurisdiction when it is impossible or unreasonable for the parties to access a foreign authority and when the litigation has a sufficient connection with Quebec. Article 3136 thus confers a discretionary jurisdiction on a Quebec authority. This discretion is limited by the definitional elements expressed in article 3136 and has been further narrowed by an inappropriate interpretation by the Court of Appeal in Lamborghini. The critical factor is that necessity jurisdiction implies that the litigation is subject to an effective remedy in the Quebec forum. Availability of an effective remedy renders reasonable the exercise of necessity jurisdiction and the requirement that foreign litigation be instituted, unreasonable. However, the factor of remedy is ignored, or without expression, in both doctrine and jurisprudence. Supported by a comparative approach between the civil law and the common law, the first part presents a general analysis of this exceptional rule with particular attention to the Swiss law which inspired the drafters of article 3136. In the second part, article 3136 is considered in context with the general provisions of the Code and the legislative history of the provision is clarified. The third part analyzes the definitional elements of the article and the last part examines its application as reflected in the relevant jurisprudence.

Floor and Apartment Ownership System A vision for a New Legislative Organization in Iraqi Law

2021 ◽  
Author(s):  
MOHAMMED JAFAR
Keyword(s):  
Civil Law ◽  
Arab Countries ◽  
Housing Crisis ◽  
Legislative Organization ◽  
Legislative History ◽  
The Real Estate ◽  
Common Ownership ◽  
History Of ◽  
The Common ◽  
The Law

The system of ownership of floors and apartments represents a developed form of the forms of class ownership. In addition to the old image that prevailed in the old laws of the ownership of classes, represented by the system of ownership of the top and bottom, it appeared in Europe as a result of the acute housing crisis in which the system of ownership of floors and apartments occurred. The law was adopted The Egyptian civil system adopted this system, and from it the majority of laws in Arab countries were taken. This advanced system of tiered ownership is based on dividing the vertical building into tiers or apartments owned by multiple persons, separate ownership and common ownership in the building structure, its land and all the common parts intended for the common use of the owners. Although the Iraqi civil law did not adopt the system of ownership of floors and apartments in its texts, the Iraqi legislator tried to fill this legislative deficiency in the Real Estate Registration Law No. (43) of 1971, and despite that, the system of ownership of floors and apartments remained unorganized and constituted completely in Iraqi legislation, The Iraqi legislator has made many attempts to fill this shortcoming, the most recent of which was his issuance of the Law Regulating Ownership of Floors and Apartments in Buildings No. (61) of 2000. However, the change that Iraq witnessed after 2003 made it necessary to reconsider the legislative regulation of the system of ownership of floors and apartments, from During the development of a new regulation in line with the investment laws and instructions in Iraq and in the Kurdistan Region of Iraq. We have divided our research into three demands. In the first requirement, we discussed the legislative history of the ownership system of floors and apartments in Iraqi law. In the second requirement, we discussed the legal systems applied in the ownership of classes. As for the third requirement, we devoted it to discussing ways to manage the common parts in the system of ownership of floors and apartments. . We concluded our research, with a conclusion in which we mentioned the most important conclusions, the most important of which is the distinction of the system of ownership of floors and apartments from the system of ownership of the top and bottom, and the multiplicity of Iraqi laws that dealt with this system by organizing without the existence of a comprehensive law for all its provisions applicable to all parts of Iraq, and we suggested finding a new legal organization in the Iraqi legislation , by regulating the substantive provisions of the system of ownership of floors and apartments in the Iraqi civil law, and the necessity of developing a special law dealing with the detailed provisions of this system.

Regulation of Conflict of Laws in the United Arab Emirates

2013 ◽  
Vol 27 (1) ◽  
pp. 1-27
Author(s):  
Ahmed Mohmed Elhawary
Keyword(s):  
International Law ◽  
United Arab Emirates ◽  
Comparative Approach ◽  
Private International Law ◽  
Conceptual Approach ◽  
Conflict Of Laws ◽  
Western Countries ◽  
General Rules ◽  
Special Rules ◽  
Conflict Of Law

Abstract This article aims at giving an outline of the regulation of conflict of laws contained in the Emirati Code of Civil Transactions, while adopting a comparative approach to Private international law rules in other Arab as well as Western countries. The article is divided into two main parts. The first consists of an overview of the regulation of conflict of laws in the UAE, addressing the origins, method and scope of the regulation. The second contains an analysis of the conflict of law provisions in the Emirati law, addressing the conceptual approach, general rules and special rules of conflict of laws.

Figure 4.14: the two issues as set out by Lord Bridge—issue 2 As can be seen, a number of matters needing to be clarified arise from the mere identification of two issues. Note that Bridge gives the two issues a short-hand label: (1) the common law issue; and (2) the statutory issue. However, students often read and re-read without appreciating how to move from lack of understanding towards understanding. They do not notice how words can be clarified by an appreciation of the intertextual links and which words or phrases could be clarified by recourse to textbooks in the area. Again the two issues are found in a paragraph of Lord Bridge’s judgment. Reading carefully paragraphs in the immediate vicinity can assist in understanding. The responsibility of the reader is to read with understanding, therefore stopping to clarify points along the way. It is useful here to ensure that the procedural history of this case is understood. This will enable the student to obtain an appreciation of the differences in opinion by the various judges who have considered the case before its arrival in the House of Lords. Lord Bridge discusses the procedural history and it is set out in the headnote. The case was won by the plaintiffs (the buyers) in the trial court (the High Court) and the defendants (the sellers) appealed to the Court of Appeal, where

2012 ◽  
pp. 99-99
Keyword(s):  
Common Law ◽  
Trial Court ◽  
High Court ◽  
House Of Lords ◽  
History Of ◽  
The Common ◽  
Short Hand ◽  
Court Of Appeal ◽  
The Way

Development of EU Private International Law Rules for Intellectual Property Rights

2019 ◽  
pp. 121-137
Author(s):  
Tereza Kyselovská
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Private International Law ◽  
Legislative History ◽  
History Of ◽  
Contractual Obligations ◽  
Rome I ◽  
The Eu ◽  
Conflict Of Law

The aim of this article is to analyze the development of the EU conflict of law rules for contractual and non-contractual obligations with international element concerning intellectual property rights. The main focus of the analysis is the legislative history of Rome I Regulation and Rome II Regulation and the development of respective conflict of law rules and connecting factors.

• Discusses the finding of the trial judge that under the common law the ‘relevant condition’ could not be relied upon by the sellers. The reason being the seed delivered was ‘wholly different’. (As we have already noted issue 2 (see Figure 4.14, above), the statutory issue, need only be dealt with if issue 1 (see Figure 4.13, above) is decided in favour of the sellers.) • Discusses the finding of Denning LJ in the Court of Appeal. Denning LJ thought the common law issue should be decided in favour of the sellers. He said that the wording of the condition was sufficient to cover the situation. Kerr and Oliver LJJ decided the common law issue against the sellers. • Kerr LJ’s reasoning was that the condition would only cover them for defects in the ‘correct’ named seeds. Not for delivery of the wrong seeds. • Oliver LJ’s reasoning was that the condition did not cover the breach because it only happened through the negligence of the seller. • The Court of Appeal, however, was unanimous in deciding the statutory issue against the sellers. • Lord Bridge discusses the way that Denning LJ traced the history of the court’s approach to such conditions. The conditions being ones that limit’ or totally ‘exclude’ a contractual party’s liability for any damage caused. • Lord Bridge picks out two relevant cases (Photo Production Ltd v Securicor Transport Ltd [1980] 1 All ER 101 and Ailsa Craig Fishing Co Ltd v Malvern Fishing Co Ltd [1983] 1 All ER 101) and uses these to explore the common law issue. Note that the judge is beginning to deal with cases decided previously and commenting upon them in relation to whether he is bound by the doctrine of precedent.

2012 ◽  
pp. 103-103
Keyword(s):  
Common Law ◽  
Trial Judge ◽  
Relevant Condition ◽  
History Of ◽  
The Common ◽  
Court Of Appeal ◽  
Photo Production ◽  
The Way

Toward a Speech Sciences Community

2012 ◽  
Vol 22 (1) ◽  
pp. 14-20
Author(s):  
Donald Finan ◽  
Stephen M. Tasko
Keyword(s):  
Science Research ◽  
Knowledge Generation ◽  
Speech Language Pathology ◽  
Mandated Curriculum ◽  
Professional Discipline ◽  
Common Area ◽  
Language Pathology ◽  
History Of ◽  
The Common ◽  
Speech Science

The history of speech-language pathology as a profession encompasses a tradition of knowledge generation. In recent years, the quantity of speech science research and the presence of speech scientists within the domain of the American Speech-Hearing-Language Association (ASHA) has diminished, even as ASHA membership and the size of the ASHA Convention have grown dramatically. The professional discipline of speech science has become increasingly fragmented, yet speech science coursework is an integral part of the mandated curriculum. Establishing an active, vibrant community structure will serve to aid researchers, educators, and clinicians as they work in the common area of speech science.

Charles de Gaulle and European Community

2020 ◽  
Vol 2020 (10-3) ◽  
pp. 70-81
Author(s):  
David Ramiro Troitino ◽  
Tanel Kerikmae ◽  
Olga Shumilo
Keyword(s):  
World War Ii ◽  
European Community ◽  
World War ◽  
Charles De Gaulle ◽  
The United Kingdom ◽  
History Of ◽  
The Common ◽  
Post War ◽  
De Gaulle

This article highlights the role of Charles de Gaulle in the history of united post-war Europe, his approaches to the internal and foreign French policies, also vetoing the membership of the United Kingdom in the European Community. The authors describe the emergence of De Gaulle as a politician, his uneasy relationship with Roosevelt and Churchill during World War II, also the roots of developing a “nationalistic” approach to regional policy after the end of the war. The article also considers the emergence of the Common Agricultural Policy (hereinafter - CAP), one of Charles de Gaulle’s biggest achievements in foreign policy, and the reasons for the Fouchet Plan defeat.

Philosophcal review of h. white̕s tropological theory in the context of the new philosophy of history

2020 ◽  
Vol 3 (152) ◽  
pp. 92-99
Author(s):  
S. M. Geiko ◽  
◽  
O. D. Lauta
Keyword(s):  
Modern Science ◽  
Historical Knowledge ◽  
Text Organization ◽  
The Social ◽  
History Of ◽  
Actual Material ◽  
The Common ◽  
Historical Nature ◽  
Selection Of

The article provides a philosophical analysis of the tropological theory of the history of H. White. The researcher claims that history is a specific kind of literature, and the historical works is the connection of a certain set of research and narrative operations. The first type of operation answers the question of why the event happened this way and not the other. The second operation is the social description, the narrative of events, the intellectual act of organizing the actual material. According to H. White, this is where the set of ideas and preferences of the researcher begin to work, mainly of a literary and historical nature. Explanations are the main mechanism that becomes the common thread of the narrative. The are implemented through using plot (romantic, satire, comic and tragic) and trope systems – the main stylistic forms of text organization (metaphor, metonymy, synecdoche, irony). The latter decisively influenced for result of the work historians. Historiographical style follows the tropological model, the selection of which is determined by the historian’s individual language practice. When the choice is made, the imagination is ready to create a narrative. Therefore, the historical understanding, according to H. White, can only be tropological. H. White proposes a new methodology for historical research. During the discourse, adequate speech is created to analyze historical phenomena, which the philosopher defines as prefigurative tropological movement. This is how history is revealed through the art of anthropology. Thus, H. White’s tropical history theory offers modern science f meaningful and metatheoretically significant. The structure of concepts on which the classification of historiographical styles can be based and the predictive function of philosophy regarding historical knowledge can be refined.

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