Download or read book Formation of Contract A Comparative Study Under English French Islamic and Iranian Law written by Parviz Owsia and published by Springer. This book was released on 1994-02-07 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major reference work compares the formation of contract in the legal systems of England, France, Iran and other Islamic systems. The Preliminary Part gives a historical sketch and describes the sources of law of the four legal systems. It then describes the development and general theory of contract law in the four systems. Part One then analyses in detail the basic notions of formation of contract including the range of psychological elements and their means of expression. The author then goes on to describe and compare the function and determination of offer and acceptance in the four legal systems. Part Two analyses the mechanism of formation and import of a contract in respect of both offer and acceptance. The book has been extensively researched and includes references to Roman law and other modern legal systems. The work has been meticulously indexed and cross-referenced.
Download or read book Formation of Contract written by Parviz Owsia and published by . This book was released on 1986-01-01 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Comparative Study of the Conclusion of Contracts in Persian Islamic French and English Law written by Parviz Owsia and published by . This book was released on 1965 with total page 1736 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Theory of Contract and Formation of Contract written by Khairil Azmin Mokhtar and published by . This book was released on 1993 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Persian Documents written by Kondo Nobuaki and published by Routledge. This book was released on 2004-06-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the Mongol period, Persian was the official written language in Iran, Central Asia and India. A vast amount of documents relating to administration and social life were produced and yet, unlike Ottoman and Arabic documents, Persian historical resources have received very little critical attention. This book is the first to use Persian Documents as the sources of social history in Early Modern Iran and Central Asia. The contributors examine four distinct elements of the documents: * the formal aspects of the sources are initially inspected * the second part focuses on newly discovered sources * the most abundant documents of the period - waqf deeds - are individually studied In this way the reader is led to realize the importance of Persian documents in gaining an understanding of past urban and rural societies in the Middle East.
Download or read book The Role of Consent in the Formation of Contracts written by Mohamed Elfatih Hamid and published by . This book was released on 1971 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contract Law written by Adam Kramer KC and published by Bloomsbury Publishing. This book was released on 2010-01-02 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a new type of book. It provides an index of the most useful and important academic and other writings on contract law, whether published in articles or journal chapters, or as books. These writings, with their full citation, are gathered under familiar contract law subject-headings, and the most significant half of them are digested in a summary of a few lines each. The book aims to cover all writings published in the English language about the Common Law of contracts, and includes sections on contract theory and the history of contract law, as well as sections for the more traditional substantive topics (such as the interpretation of contracts, penalty clauses, remoteness of damage and anticipatory breach). This work should prove an invaluable resource for practitioners, academics and students, increasing awareness of important writings, and saving readers time by familiarising them with the work that has already been done in their particular fields.
Download or read book International Encylopedia of Comparative Law Instalment 7 written by K. Zweigert and published by Martinus Nijhoff Publishers. This book was released on 1981-08-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: No Sales rights in German-speaking countries, Eastern Europe, Portugal, Spain, Italy, Greece, South and Central America
Download or read book Smart Contracts and Comparative Law written by Andrea Stazi and published by Springer Nature. This book was released on 2021-12-08 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyzes the most relevant developments in the relation between contracts and technology, from automatically concluded contracts to today's revolutionary "smart contracts" developed through blockchain, which are beginning to and will increasingly disrupt many economic and social relations. First of all, the author offers a broad analysis of the peculiarities and evolution of the relation between contracts and technology. The main features and elements of electronic contracts are then examined in depth to highlight the specific rules applicable to them in the international comparative legal framework. In turn, the book provides a detailed explanation of the technology, economic and social dynamics, and legal issues concerning blockchain and smart contracts. The analysis focuses on the question of the legal nature of smart contracts, the issues posed by their development and the first legal solutions adopted in some countries. The comparative approach pursued makes it possible to focus attention on the first solutions adopted until now in various systems, with particular regard to the circulation of models and ideas and to the specificities of their local variations, in terms of e.g. applicable law and jurisdiction. In reviewing the characteristics of distributed ledger technologies, and in particular of the blockchain technology on which smart contracts are based, above all the peculiarities of the latter are taken into consideration, especially automatic execution and resistance to tampering, which simultaneously present significant opportunities and complex legal issues. A comprehensive framework is then provided to reconcile smart contracts with comparative contract law, in order to define the scope and specificities of their binding force, legal effectiveness and regulation in various legal systems. Lastly, with specific reference to the elements, pathologies and contractual remedies for smart contracts, the book examines the peculiarities of their application and the main issues that emerge in comparative contract law in order to promote their harmonized use, in keeping with the transnational nature of such a revolutionary tool.
Download or read book A Bibliography of Islamic Law 1980 1993 written by Laila Al-Zwaini and published by BRILL. This book was released on 2021-12-06 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This bibliography offers a new and indispensable tool for both researchers and practitioners in the field of Islamic law. It supplements the bibliographies published by Joseph Schacht (1964) and John Makdisi (1987) and includes some 1,600 Western-language publications which have appeared between 1980 and 1993. It contains a general and a regional section. With regard to the latter, the main focus is on the Middle East (including Afghanistan and North Africa), although publications in South and Southeast Asia have also been included. In order to facilitate its use, an authors' index and a subject index have been added.
Download or read book Covering ABS written by Tomme R. Young and published by IUCN. This book was released on 2009 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most difficult and least addressed ABS implementation issue is that of coverage. On the one hand, the CBD's ABS provisions appear to give every country full rights over all genetic resources found in the country, even if the exact subspecies or variety is also found in other countries. On the other hand, however, even within a single country, each biome may be separately regulated, and each community or landowner may be given the right to control access to and receive benefits for the genetic resources of every specimen taken from their land or sold by them. This book analyzes the basic concept of ABS, examining the overall mechanisms that could be used to make the system work internationally.
Download or read book Islamic Law in Past and Present written by Mathias Rohe and published by BRILL. This book was released on 2015-01-27 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic Law in Past and Present, written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and ‘law in action’ are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.
Download or read book Yearbook of Islamic and Middle Eastern Law written by Eugene Cotran and published by BRILL. This book was released on 2002-01-01 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook of Islamic and Middle Eastern Law is the flagship publication of the Centre of Islamic and Middle Eastern Law (CIMEL) of the school of Oriental and African Studies (SOAS) in London. It is increasingly regarded as the leading international forum for commentary on, and analysis of, emerging issues in a field of study of everincreasing global significance. There is no more useful and thorough pricis of what has happened in Islamic and Middle Eastern law over the last year. With Volume 8 -and the advent of Martin Lau as co-editor with Eugene Cotran- the Yearbook begins an expansion of its purview into non-Arab Islamic countries, beginning in this volume with essays covering issues in Afghanistan and Kenya. The Yearbook will continue to be an authorative source of insightful commentary and scholarship on relevant developments wherever the influence of Islamic law is felt.
Download or read book A Comparative Study Between the English Contract Law and the Principles of European Contract Law in Terms of the Formation of a Contract written by Abdulla Al Mewali and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Theory of Contracts in Islamic Law A Comparative Analysis with Particular Reference to Modern Legislation in Kuwait Bahrain and the U A E written by Susan E. Rayner and published by Springer. This book was released on 1991-11-25 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the discovery of oil in the Middle East an increasing number of important contracts must be framed in accordance with the Shari'a. Moreover various factors have helped to create among Muslims a more acute sense of an original Islamic identity & a collective feeling that Shari's should govern their lives not only with regard to personal & family matters but also as a valid & reasonable corpus of commercial & civil laws. The ban on taking interest (riba) & the rejection of chance contracts (gharar) are two features of an Islamic law of contract which contrast with the secular man-made legal systems of the West. This book is concerned with these two Islamic Prohibitory rules & with the interest-free banking system which has developed therefrom. This is a new enlarged edition where the comparative examination of the topics of the book is updated & furthermore extended to cover the Shi'a Ja'fari fiqh. As a result all aspects are examined in the light of the teachings of the four Sunni schools -which hold authority in the Arab states & in Pakistan -of the Ibadis strongly present in Oman & of the Shi'a Ja'faris prevalent in Iran & largely present in Iraq, Bahrein, Kuweit & Lebanon. The new edition will confirm the use of the initial one as a text book with a particular appeal to academics & practising lawyers. It also provides an insight into the religious & idealogical foundations claimed by Islamic banking.
Download or read book Review of the Convention on Contracts for the International Sale of Goods CISG 2002 2003 written by Michael Maggi and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nations in all regions of the world today share a common international sales law, The United Nations Convention on Contracts for the International Sale of Goods (CISG). The Convention was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted by a diplomatic conference on 11 April 1980. Since then, the number of countries that have adopted the CISG account for over two-thirds of all world trade. The area of international sales law continues to grow as technology and development take us to a global economy. As such, the study of the CISG has become an integral component of this ever-growing area of international commercial law. The Review of the CISG is published once yearly and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to scholarly writings analyzing the various articles of the CISG, the book seeks to compile translations of recent decisions as well as commentaries of notable cases relating to the CISG. The Review of the CISG provides both a forum for legal discussion within the international legal community in the area of international sales law and as an authoritative source of reference for international scholars.
Download or read book Contract Formation in Cyberspace written by Iman Majeed Hadi and published by . This book was released on 2013 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Electronic commerce is an increasingly vital part of national economies and the global economy. The promotion of electronic commerce requires clear and effective laws. As electronic contracts are the building blocks for electronic commerce, it is essential for national laws, especially in developing countries, to be sufficiently certain and appropriately adapted to promote electronic commerce.This thesis formulates recommendations for reforming Iraqi contract law in order to promote the adoption of online contract formation. The recommendations are developed by means of a comparative analysis of the relevant laws from two developed countries: Australia and the United States of America. Accordingly, the main research question addressed in the thesis is:Should Iraqi law dealing with online contract formation be reformed, and if so how, in the light of the established legal rules governing electronic contracts in Australia and the United States?The Australian and American legal systems have considerable experience in dealing with electronic contract formation. Although both jurisdictions are part of the common law tradition, while Iraq has a mixed Islamic and civil law tradition, the thesis demonstrates that it is possible to develop practical proposals for reforming Iraqi law from a comparative analysis of the way in which these two developed legal systems have dealt with key legal issues in electronic contract formation. The analysis undertaken in the thesis indicates that there are weaknesses in the existing legal rules governing contract formation in the Iraqi Civil Code, as well as in Iraq's recently introduced electronic transactions legislation.The weaknesses identified in the thesis, which include weaknesses in the way in which Iraqi law deals with offline contract formation as well as with online contract formation, are analysed by means of a comparative legal analysis of the Australian and American laws, and by the application of traditional doctrinal analysis. The methodologies are used to evaluate the strengths and weaknesses of the two legal systems under comparison in order to identify the best elements of the relevant laws, which are then applied to address the key legal challenges in electronic contract formation.The three key legal challenges addressed in the thesis are: the distinction between an offer and an invitation to make offers; the determination of the time and place of contract formation; and the incorporation of terms. As the thesis explains, the legal problems of electronic contract formation do not require a completely new legal paradigm, but can be solved by drawing analogies with traditional legal approaches and, where there are no clear analogies, by reforms which improve the commercial certainty of the legal rules. After examining the key challenges, the thesis sets out a comprehensive set of recommendations for reforming Iraqi law relating to contract formation, as well as elements of the new Iraqi electronic transactions legislation. It is hoped that the recommendations made for reforming Iraqi law may have broader implications, including for law reform in jurisdictions with similar legal backgrounds to Iraq, as well as in promoting the desirable harmonisation of international contract law.
