Download or read book L OHADA Et la Common Law written by Abdouraoufi and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Institutional Competition between Common Law and Civil Law written by Michèle Schmiegelow and published by Springer. This book was released on 2014-05-27 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses two countervailing challenges to theory and policy in law and economics. The first is the rise of legal origins theory, which denies the comparative law view of convergence between common law and civil law by the assertion of an economic superiority of common law. The second is the series of economic crises in the very financial markets on which that assertion was based. Both trends unsettled certainties about the rule of law and institutional economics. Meeting legal origins theory in its main areas of political science, sociology and economics, the book extends the interdisciplinary reach to neglected aspects of comparative law, legal history, dynamic econometric analysis and "quasi-natural experiments" with counterfactual evidence of different institutional regimes in divided countries. These combined methodological tools make tests of the economic impact of different legal origins much more reliable. This is shown for developed and newly industrialized countries as well as developing, transforming and emerging countries with or without financial center advantage, affected or not by financial crises. The Asian financial crises and the American subprime crisis have been, or could have been resolved using the resources of common law or civil law. These cases and data on access to justice in Africa, Asia and Latin America reveal the problem of substantive law remaining "law on the books" without efficient procedural rules and judicial structures. The single most striking common law-civil law divide is that lawyer-dominated common law procedure is slower and costlier than judge-managed civil law procedure. Countries as diverse as the Netherlands, Japan, and China show functional interaction between culture and law in legal reforms. Such interaction can reduce the occurrence of legal disputes as well as facilitate their resolution. It can use economic crises as catalysts for legal reforms or rely on regional integration, and it should replace the discredited method of legal "transplants" by sustained dialogue between legal advisors and all actors involved in legal reforms.
Download or read book Common Law written by Eileen Servidio-Delabre and published by Dalloz-Sirey. This book was released on 2004 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cet ouvrage qui étudie les systèmes juridiques de la Grande-Bretagne et des Etats-Unis aidera les praticiens d'autres traditions, en particulier ceux de la tradition romano germanique, à comprendre les fondamentaux d'un héritage à la fois très proche géographiquement (pour le Royaume-Uni), mais très éloigné juridiquement. Selon le principe de la collection Hypercours, ce volume propose deux approches complémentaires : un cours complet sur les thèmes spécifiques essentiels (concepts et méthodologies juridiques, organisations juridiques et rôles des intervenants), des compléments pédagogiques pour aider l'étudiant à préciser, approfondir et vérifier ses connaissances. Ce livre rédigé en anglais dans un langage accessible aux non spécialistes s'adresse aux étudiants (droit, économie) et aux juristes.
Download or read book The legal system of a Common Law Country From England to the United States of America 2e d Fro written by Eileen Servidio-Delabre and published by Editis - Interforum. This book was released on 2014-11-18 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cet ouvrage propose une étude du système juridique des États-Unis, qui s'inscrit dans une tradition fondamentalement différente de celle de la France et figure parmi les plus complexes du monde. La première partie est consacrée à la compréhension de la tradition du " Common Law " sur laquelle repose ce système juridique, à travers un examen du droit britannique dont cette tradition est héritée. La deuxième partie se concentre sur le système américain tel qu'il se présente aujourd'hui, avec à la fois une approche globale de ses principes directeurs et un examen détaillé de ses rouages. L'étudiant et le praticien trouveront dans cet ouvrage un outil de référence autant qu'une analyse permettant de véritablement saisir la mentalité et la culture juridique américaines, et apprendront, inter alia, pourquoi les Américains craignent leur propre gouvernement fédéral et adorent leurs armes.
Download or read book Unified Business Laws for Africa written by Martha Simo Tumnde and published by GMB Publishing, Limited. This book was released on 2009 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Organization for Harmonization in Africa of Business Laws (OHADA) system has been adopted by 17 West African nations in order to increase their attractiveness to foreign investors and business partners. This book introduces OHADA laws to common-law trained, English-speaking jurists with clients in West or Central Africa.
Download or read book The Common Law written by Oliver Wendell Holmes (Jr.) and published by . This book was released on 1963 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regional Developmentalism through Law written by Jonathan Bashi Rudahindwa and published by Routledge. This book was released on 2018-05-20 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a study of regionalism in Africa and investigating the ways in which law can be used to address the issues raised by regional processes on the continent, this book examines the African Economic Community, considering that it has been entrusted to coordinate and to harmonize policies between various Regional Economic Communities (RECs) across the continent, thereby influencing the continent’s approach towards regional integration. It seeks to identify how law can be used to strengthen the African RECs while ensuring that they achieve their goal of promoting regional development across the continent. Drawing upon economic and political theories, and using a critical doctrinal analysis of legal texts and norms, the book uncovers the legal and economic underpinnings of the model of regional integration followed by the regional schemes operating under the banner of the AEC, aiming to contribute to the search for effective methods to ensure the success of these various initiatives. Proposing the concept of "Regional Developmentalism Through Law" as the most suitable conceptual framework to support the effective establishment of an African Economic Community, this book will be of interest to researchers, academics and policy makers interested in the correlation between law, regional integration and development in Africa.
Download or read book Secured Transactions Law Reform in Africa written by Marek Dubovec and published by Bloomsbury Publishing. This book was released on 2019-10-31 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last few decades, many countries have reformed their secured transactions law. One of the main reasons has been the clear link between reform and the availability of credit, and the drive to improve access to finance, particularly for micro, small and medium-sized enterprises. This book focuses particularly on developing economies in Africa, which have legal frameworks influenced by English, French, Belgian, Roman-Dutch and other laws. Reform in this area of law across African countries has taken a number of forms, which are explored and discussed in this book. Secured Transactions Law Reform in Africa is a mixture of a critical description of the pre-reform law and practice, and the reform process itself. It also includes a comparative analysis of the legal provisions and an examination of the early results of the reforms. The book sets out a road map for the future of secured transactions reform; primarily in Africa, but also in other countries that have undertaken or are contemplating similar reforms. This book is the second in a series of books about Secured Transactions Law in countries around the world, and its reform, both on a national and an international scale. The first book, Secured Transactions Law Reform: Principles, Policies and Practice, was published in 2016.
Download or read book International Bank and Other Guarantees Handbook written by Yann Aubin and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Bank and Other Guarantees Handbook provides a practical examination of the laws of 19 countries (and groups of countries) in the Middle East and Africa regions in respect to bank and other guarantees. It also contains, among other things, various guarantees forms. The aim of each country-specific chapter of the Handbook is to provide actionable information designed to guide legal or other practitioners in such jurisdiction. The editors, Mr. Yann Aubin, Mr. Jean-Claude Vecchiatto and Mr. Louis de Longeaux, deal with guarantees in an international context on a daily basis in the course of their respective positions as in-house lawyers of Fortune 500 multinational companies and partner of a multinational law firm. Yann Aubin is the Director of Legal Operations [and Deputy General Counsel] at Schlumberger based in Paris. He is the co-editor of the Export Control Laws and Regulations Handbook. Jean-Claude Vecchiatto is Vice President, Head of Corporate and Project Finance, Legal Affairs at the European Aeronautic Defence and Space Company, EADS, based in France and Germany. Louis de Longeaux is a partner with Orrick, Herrington and Sutcliffe law firm based in China, England, France, Germany, Italy, Japan, Russia, Taipei and USA. The International Bank and Other Guarantees Handbook is invaluable to any international trade professional (lawyer, finance manager, project manager, etc.) or entity with a need to know the specific requirements to be complied within the jurisdiction in question for the efficient use of bank or other related guarantees.
Download or read book Contracts Between Ecclesiastical Entities According to Canon Law written by Joseph Clifford N. Ndi and published by Logos Verlag Berlin GmbH. This book was released on 2018-08-28 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within ecclesiastical circles, both from the perspective of legal practice and ordinary relational matters between ecclesiastical entities, the theme of contract very scarcely occupies a place of prominence. It is a situation that is due on the one hand, and to a large extent, to the fact that the canonisation of civil law on contracts (c. 1290 CIC/1983) has had the consequence of transferring the preoccupation of the entities on this matter to the domain of civil law. Besides, and still connected to the above, is the tendency to attribute a merely pastoral relevance to their relationships, with little or no reference to the juridic aspects inherent in these relationships. It is a situation that is largely responsible for the crisis which do not uncommonly characterise some of these relationships as verified over the centuries; particularly in the relationship between dioceses and religious institutes. The issuance of various papal and conciliar exhortations before and after Vatican II, as well as the normative instructions and legal provisions contained in various juridic documents, most prominently cc. 271, 520, 681 and 790 of CIC/1983, has gone a long way to dissipate some of the tensions of the past. However, the true nature of how the contractual relationship between ecclesiastical entities, including the attendant issues of conceptual understanding, civil status of ecclesiastical entities, resolution of contractual disputes, etc., remains a matter of investigative interest for the canonist. This is, in a nutshell, the substance of this research work. The conclusions arrived at offer the reader an insight into the available untapped resources within the ecclesiastical legal system, as well as some considerable possibilities which remain to be explored to the benefit of the subjects of canon law.
Download or read book The Transformation of Arbitration in Africa written by Emilia Onyema and published by Kluwer Law International B.V.. This book was released on 2016-09-17 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Given the dynamic growth of African economies and the expansion of cross-border trade and commerce, the need for readily accessible African arbitral institutions has become increasingly urgent. Accordingly, this book not only offers an in-depth analysis of the role arbitration centres based in African cities currently play throughout the continent but also defines and recommends ways in which they can emerge as a major and indispensable factor in the growth and development of commerce in Africa. Administrators of arbitration institutions from a variety of African countries offer insightful appraisals and suggestions directed to promoting the development and delivery of efficient, effective arbitration services to users across the continent. Among the issues and topics covered are the following: • types of arbitration institutions available in Africa; • viability and sustainability of these institutions; • institutions’ relationship with government; • quality of service; • performance of arbitration institutions in their respective countries and regions; • national laws that regulate arbitration in Africa’s fifty-four states; • extent of collaboration with foreign institutions; • provision of functional facilities, transcription services, hearing rooms, document handling, and managerial and translation services; • marketing activities and strategies; • mending the disconnect between Francophone and Anglophone countries; • role of the Common Court of Justice and Arbitration (CCJA); and • necessity of overcoming foreign negative perceptions and bias. The book was inspired by an arbitration conference hosted by the African Union Commission at its headquarters in Addis Ababa in July 2015. As a contribution to the discussion of the role arbitration and arbitration institutions can play in transforming the legal landscape in African countries for the resolution of commercial disputes – indeed, the entire discourse on legal efficiency and access to justice in African countries – this book will prove invaluable to practitioners and academics in international commercial arbitration within and beyond the continent. Its emphasis on the creation of a facilitative, supportive, and conducive cultural and infrastructural environment as a mechanism for commercial dispute resolution in Africa and for the practice of arbitration in Africa will appeal to in-house counsel, external legal advisors, consultants, arbitral institutions, arbitrators, and government policymakers.
Download or read book International Handbook of Cooperative Law written by Dante Cracogna and published by Springer Science & Business Media. This book was released on 2013-12-12 with total page 813 pages. Available in PDF, EPUB and Kindle. Book excerpt: The degree of development reached by cooperatives of different sectors throughout the world, which among others led to the UN declaring 2012 as the International Year of Cooperatives, needs to be accompanied by a similar development of corresponding legislation. To this end, a better knowledge of cooperative law from the comparative point of view, as has already been established for other types of enterprises, becomes of great importance. This book strives to fill this gap, and is divided into four parts. The first part offers an analytic and conceptual framework with which to understand, study and assess cooperative law from a transnational and comparative perspective. The second part includes several chapters dealing with attempts to harmonize cooperative laws. The third part contains an overview of more than 30 national cooperative laws, while the last part summarizes and compares these national cooperative laws, thus laying the foundation for a comparative cooperative law doctrine.
Download or read book The Legal System of a Common Law Country written by Eileen Servidio-Delabre and published by Dalloz. This book was released on 2014 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cet ouvrage propose une étude du système juridique des Etats-Unis, à la fois représentatif de la tradition de Common Law, et atypique dans son évolution et son fonctionnement. Dans une perspective historique, la première partie propose une étude approfondie de la Common Law à travers le droit britannique dont elle est issue. La deuxième partie est ensuite consacrée à une analyse des principes fondamentaux du système juridique américain : les sources du droit, les tribunaux, et notamment les particularités liées à sa structure fédérale. Enfin, la troisième partie aborde l'essence même de ce système en exposant les craintes des Américains à l'égard de leur propre gouvernement fédéral, et les protections constitutionnelles visant à les apaiser. Les lecteurs sont invités à se mettre à la place des juristes anglo-américains, en partageant leur langue, leur mode de réflexion et leurs techniques, pour résoudre les questions juridiques proposées. L'étudiant et le praticien trouveront dans cet HyperCours un outil de référence autant qu'une analyse permettant de saisir la culture juridique et la mentalité américaine bien différente de la conception romano-civiliste du droit français. Selon le principe de la collection, le cours est suivi de compléments pédagogiques pour vérifier et renforcer les acquis et se préparer aux examens.
Download or read book The Law Applicable to Security Interests in Intermediated Securities Under OHADA Law written by Justin Monsenepwo and published by Mohr Siebeck. This book was released on 2023-01-03 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Law of Obligations written by Vicente, Dário M. and published by Edward Elgar Publishing. This book was released on 2021-12-09 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.
Download or read book Ending Africa s Energy Deficit and the Law written by Yinka Omorogbe and published by Oxford University Press. This book was released on 2018-02-09 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the inclusion of access to energy in the sustainable development goals, the role of energy to human existence was finally recognized. Yet, in Africa, this achievement is far from realized. Omorogbe and Ordor bring together experts in their fields to ask what is stalling progress, examining problems from institutions catering to vested interests at the continent's expense, to a need to develop vigorous financial and fiscal frameworks. The ramifications and complications of energy law are labyrinthine: this volume discusses how energy deficits can burden disabled people, women, and children in excess of their more fortunate counterparts, as well as considering environmental issues, including the delicate balance between the necessity of water for drinking and cleaning and the use of water in industrial processes. A pivotal work of scholarship, the book poses pressing questions for energy law and international human rights.
