International Comparative Jurisprudence最新文献_第6页

RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN ACCORDANCE WITH TURKISH INTERNATIONAL PRIVATE LAW 根据土耳其国际私法承认和执行外国判决

International Comparative Jurisprudence Pub Date : 2018-12-27 DOI: 10.13165/j.icj.2018.12.005

D. Liakopoulos

引用次数: 0

ELEMENTS, TYPES AND CONSEQUENCES OF FRAUD ACCORDING TO OBLIGATION LAW – A COMPARATIVE APPROACH BETWEEN LEGISLATION IN TURKEY AND KOSOVO 根据义务法的欺诈的要素、类型和后果-土耳其和科索沃立法的比较方法

International Comparative Jurisprudence Pub Date : 2018-12-27 DOI: 10.13165/J.ICJ.2018.12.007

Egzonis Hajdari, Fulya Erlüle

{"title":"ELEMENTS, TYPES AND CONSEQUENCES OF FRAUD ACCORDING TO OBLIGATION LAW – A COMPARATIVE APPROACH BETWEEN LEGISLATION IN TURKEY AND KOSOVO","authors":"Egzonis Hajdari, Fulya Erlüle","doi":"10.13165/J.ICJ.2018.12.007","DOIUrl":"https://doi.org/10.13165/J.ICJ.2018.12.007","url":null,"abstract":"One of the key elements of the Law on Obligations is the contract, which represents an obligational relationship between the contracting parties with a focus on promoting obligations. A contract (“contractus”) is defined as the consent of will of two or more parties for the purpose of creating, amending or terminating an obligational relationship. In a significant number of cases, legal transactions are created with the presence of a defect of consent, including fraud, mistake and duress. Fraud is an unlawful act by which the contracting party has been induced to enter into a contract through a wilful mistake by the other party or a third person. According to this clause, the elements relating to fraud are: 1) a fraudulent act; 2) the purpose of fraud; and 3) a causal relationship. Fraud as a defect in consent in concluding contracts can appear in different forms. The main types of fraud are considered to be: 1) fraud by a fraudulent entity; 2) fraud by the manner of the fraudulent act; 3) fraud according to the importance of facts, etc. Furthermore, in this article we will discuss the consequences of fraud according to the Turkish Code of Obligations (TCO) and Law on Obligational Relationships of Kosovo (LORK). In accordance with the TCO and LORK, the deceived party has a right to avoid contact and to compensation for damages.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"4 1","pages":"163-177"},"PeriodicalIF":0.0,"publicationDate":"2018-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43442403","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

THE EU GAS REGULATIONS AND THEIR INFLUENCE ON THE LEGISLATION OF THE CZECH REPUBLIC 欧盟天然气法规及其对捷克立法的影响

International Comparative Jurisprudence Pub Date : 2018-07-05 DOI: 10.13165/J.ICJ.2018.06.005

E. Lyapina

引用次数: 0

CONFERENCE PRESENTATION: NAVIGARE NECESSE EST. LEX FUNDAMENTALIS SEMPER REFORMANDA 会议介绍：必要时导航。LEX基本SEMPER REFORMAND

International Comparative Jurisprudence Pub Date : 2018-07-05 DOI: 10.13165/j.icj.2018.06.001

Marek Zubik

引用次数: 0

MATERNITY LEAVE AND DISCRIMINATION AGAINST FATHERS: CURRENT CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION AND THE WAY FORWARD 产假与对父亲的歧视：欧盟法院的现行判例法及其发展方向

International Comparative Jurisprudence Pub Date : 2018-07-05 DOI: 10.13165/J.ICJ.2018.06.004

M. Rodríguez

{"title":"MATERNITY LEAVE AND DISCRIMINATION AGAINST FATHERS: CURRENT CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION AND THE WAY FORWARD","authors":"M. Rodríguez","doi":"10.13165/J.ICJ.2018.06.004","DOIUrl":"https://doi.org/10.13165/J.ICJ.2018.06.004","url":null,"abstract":"Recent case law of the Court of Justice of the European Union (CJEU) questions whether traditional women’s rights, such as breastfeeding leave and maternity leave, are in line with the principle of non-discrimination between parents (the Roca Alvarez and Betriu Montull cases). This case law triggers a fundamental question: Is maternity leave going beyond biological differences between the sexes and therefore perpetuating the traditional role of women as child carers? The aim of this article is to gain insight into the compatibility of maternity leave with the principle of equal treatment between the delivering mother and the father. On the one hand, it reviews and analyses in depth the case law of the CJEU, which has consistently held since 1984 that maternity leave is a legitimate exception to the principle of equal treatment between men and women and that Member States are not obliged to confer on fathers a similar period of leave. On the other hand, it reflects on a way forward to find a better balance between the recognition of women’s biological specificities and the rights of all parents to spend time with their children.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"4 1","pages":"27-41"},"PeriodicalIF":0.0,"publicationDate":"2018-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49305004","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

FIDUCIARY DUTIES IN THE PRIVATE EQUITY AND VENTURE CAPITAL WORLD 私募股权和风险资本领域的受托责任

International Comparative Jurisprudence Pub Date : 2018-07-05 DOI: 10.13165/j.icj.2018.06.007

C. Tan

{"title":"FIDUCIARY DUTIES IN THE PRIVATE EQUITY AND VENTURE CAPITAL WORLD","authors":"C. Tan","doi":"10.13165/j.icj.2018.06.007","DOIUrl":"https://doi.org/10.13165/j.icj.2018.06.007","url":null,"abstract":"In many countries, private equity (PE) and venture capital (VC) are a growing part of the economy, and concerns have surfaced over how PE/VC money is managed and spent. Investors want to ensure that their investments are in good hands, while government bodies want to prevent PE/VC funds from being abused as vehicles for scams and fraud. PE/VC fund managers are often bound by fiduciary duties. In certain countries, however, no fiduciary duty is imposed, and in other countries such duties may be contractually eliminated. In such instances where managers operate without owing fiduciary duties, this raises questions about how best to protect vulnerable investors. This paper contributes to the literature on PE/VC industries and their regulation. It demystifies and describes the operation and structure of partnership-type PE/VC funds, which can be a black box to less sophisticated investors. With the basic structure outlined, the paper then highlights the critical role of specific fiduciary duties, as well as the various potential problems arising from a lack of such duties. Finally, given the increasing prevalence of PE/VC funds particularly in developing markets and the corresponding need for regulation, the paper also analyses potential solutions and safeguards that can be implemented to improve regulatory regimes.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"4 1","pages":"66-76"},"PeriodicalIF":0.0,"publicationDate":"2018-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43515426","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

PRESENTATION AT THE CONFERENCE: BRIEF REMARKS ON REFERENDUMS IN ITALY 会议介绍：意大利公民投票简评

International Comparative Jurisprudence Pub Date : 2018-07-05 DOI: 10.13165/J.ICJ.2018.06.002

G. Mangione

引用次数: 0

RESTRICTIONS ON THE PARTICIPATION OF DEBTOR-RELATED CREDITORS IN BANKRUPTCY PROCEEDINGS: IS THERE A NEED FOR A NEW APPROACH IN ESTONIAN LAW? 对与债务人有关的债权人参与破产程序的限制:是否需要在爱沙尼亚法律中采取新的做法?

International Comparative Jurisprudence Pub Date : 2018-07-05 DOI: 10.13165/j.icj.2018.06.006

Mari Schihalejev

{"title":"RESTRICTIONS ON THE PARTICIPATION OF DEBTOR-RELATED CREDITORS IN BANKRUPTCY PROCEEDINGS: IS THERE A NEED FOR A NEW APPROACH IN ESTONIAN LAW?","authors":"Mari Schihalejev","doi":"10.13165/j.icj.2018.06.006","DOIUrl":"https://doi.org/10.13165/j.icj.2018.06.006","url":null,"abstract":"In bankruptcy proceedings, creditors have three main active procedural rights: 1) to submit a proof of claim; 2) to vote at a general meeting of creditors; 3) to satisfy the claim. However, some countries have adopted regulations that specify which creditors are allowed to participate in the proceedings. Such creditors are debtor-related persons, especially shareholders with subordinated loan claims. The Estonian Bankruptcy Act does not provide any regulations governing the participation of debtor-related creditors in the proceedings. Therefore, debtor-related creditors could control the bankruptcy proceedings and the activities of the trustee during a bankruptcy, which harms the rights and interests of non-related creditors. The article aims to find answers to the questions: Should the law provide restrictions on the participation of the debtor-related creditors in bankruptcy proceedings in order to ensure the protection of the parties’ rights and interests, and should shareholders have a right to active participation in bankruptcy proceedings with a subordinated loan claim? This article attempts to find answers to these questions by comparing Estonian, German, Latvian and Lithuanian law.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"4 1","pages":"52-65"},"PeriodicalIF":0.0,"publicationDate":"2018-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48087219","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

ENSURING “STABILITY OF THE REAL ESTATE LEGAL SITUATION” IN THE IRANIAN LAND RECORDING SYSTEM 确保伊朗土地记录系统中“房地产法律状况的稳定”

International Comparative Jurisprudence Pub Date : 2017-12-28 DOI: 10.13165//J.ICJ.2017.12.006

Nasrin Tabatabai Hesari, H. Azari, Mahmood Saber

{"title":"ENSURING “STABILITY OF THE REAL ESTATE LEGAL SITUATION” IN THE IRANIAN LAND RECORDING SYSTEM","authors":"Nasrin Tabatabai Hesari, H. Azari, Mahmood Saber","doi":"10.13165//J.ICJ.2017.12.006","DOIUrl":"https://doi.org/10.13165//J.ICJ.2017.12.006","url":null,"abstract":"The topic of recording real estate transactions and the documentation of the rights of all parties is a controversial topic under the Iranian recording system. One of the functions of the recording system is “assuring security” regarding the stability of real estate property transactions, which can affect the rights of third parties as well. “Security” in transactions requires establishing priority for recorded transactions and observing rights concerning unrecorded ones. This means that the developed form of the recording system must move from “static security” to “dynamic security” in order to protect public interests instead of private ones. In reviewing the Iranian legal system, the bases of “Dynamic Security” can identified in various laws related to the recording of real estate transactions that legally recognize formal deeds and recorded rights. However, since these bases have not been theorized yet, there is not enough sanction to guarantee the enforcement of this theory. In addition, judicial procedure has issued a lot of sentences implying the acceptance of “Static Security”, so that private interests are considered much more important than public interests. The lack of any formal and legal “Dynamic Security” theory has even led legislators to adopt rules against this theory by granting the authority to judges to give effect to informal documents as well. All this has resulted in a lack of security and stability in the recording system, which has led to a lack of trust by all parties in trusting the information and the content of a registration book, because any kind of transaction can be nullified by a judicial decision. In applying a qualitative method and content analysis, it can be concluded that “Dynamic Security” can provide very useful tools for guaranteeing the security and stability of real estate transactions. Consequently, it is essential to theorize this security and consider it in the law and practical procedures relating to it.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"3 1","pages":"188-194"},"PeriodicalIF":0.0,"publicationDate":"2017-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44063620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

THE DISPUTE OVER THE CONSTITUTIONAL TRIBUNAL IN POLAND AND ITS IMPACT ON THE PROTECTION OF CONSTITUTIONAL RIGHTS AND FREEDOMS 关于波兰宪法法庭的争端及其对保护宪法权利和自由的影响

International Comparative Jurisprudence Pub Date : 2017-12-28 DOI: 10.13165/10.13165/J.ICJ.2017.12.003

Anna Rytel-Warzocha

引用次数: 2