International Journal of Private Law最新文献_第4页

An appraisal of the property settlement provisions under the Nigerian Matrimonial Causes Act: lessons from Australia 尼日利亚《婚姻事由法》财产解决条款评析:来自澳大利亚的经验

International Journal of Private Law Pub Date : 2019-03-05 DOI: 10.1504/IJPL.2019.10019454

Chinedu Justin Efe

{"title":"An appraisal of the property settlement provisions under the Nigerian Matrimonial Causes Act: lessons from Australia","authors":"Chinedu Justin Efe","doi":"10.1504/IJPL.2019.10019454","DOIUrl":"https://doi.org/10.1504/IJPL.2019.10019454","url":null,"abstract":"This article reflects on the property settlement provisions under Section 72 of the Nigerian Matrimonial Causes Act No. 18 of 1970 Cap M7 Laws of the Federation of Nigeria, 2004. Noting that the said section was adapted from Section 86 of the repealed Australian Matrimonial Causes Act No. 104 of 1959 (Cth), it makes a comparative analysis of both provisions. It makes a finding that there exists a difference in the interpretation and application of the property settlement provisions in both countries. It notes that in Australia, under the repealed act and the extant law [ (the Family Law Act No. 59 of 1975 (Cth) ], there has been a change in emphasis from making property settlement orders only within the purview of spousal maintenance orders to the alteration of property rights. In contrast, Nigerian courts have shown that besides settling property on a spouse as a means of making maintenance orders, they are not empowered to alter the property interests of spouses by way of making a redistribution order. In this light, the article calls for a rethink of the law in Nigeria so as to reflect the true proprietary relationship of spouses on marriage breakdown.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85943156","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 Hague Convention on Choice of Court Agreements and the enforcement of forum-selection clauses in Indian private international law 《海牙法院选择协议公约》与印度国际私法中法院选择条款的执行

International Journal of Private Law Pub Date : 2019-03-05 DOI: 10.1504/IJPL.2019.10019433

Saloni Khanderia

{"title":"The Hague Convention on Choice of Court Agreements and the enforcement of forum-selection clauses in Indian private international law","authors":"Saloni Khanderia","doi":"10.1504/IJPL.2019.10019433","DOIUrl":"https://doi.org/10.1504/IJPL.2019.10019433","url":null,"abstract":"The Hague Convention on Choice of Court Agreements (the HCCA) that came into effect on 1 October 2015, fundamentally regulates forum-selection clauses in international civil and commercial agreements and the manner in which, the courts of Contracting States shall enforce them. Although India is a member of the Hague Conference, it is yet to sign and ratify the HCCA. In the domestic realm, matters pertaining to jurisdiction are governed in India by the Code of Civil Procedure (CPC) 1908, with there being no particular provision to regulate the enforcement of forum-selection clauses in international matters. This article rummages to find whether Indian courts correspondingly enforce forum-selection clauses in international civil and commercial agreements, so as to suspend or dismiss proceedings in circumstances where the parties have made a choice in favour of an international court. Accordingly, it demonstrates the basis on which, Indian courts would uphold exclusive choice of court agreements in international civil and commercial matters, to draw the complementarities, if any, that exist in this respect, between the HCCA and Indian private international law.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88046305","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

Reflections on recent developments regarding wage garnishment in South Africa 对南非拖欠工资最近事态发展的思考

International Journal of Private Law Pub Date : 2018-01-01 DOI: 10.1504/IJPL.2018.10012900

H. Coetzee, C. V. Sittert

引用次数: 0

Online copyright infringement, techno-cultural creations and the copyright-technology nexus 网络著作权侵权、技术文化创作与著作权与技术的关系

International Journal of Private Law Pub Date : 2018-01-01 DOI: 10.1504/IJPL.2018.097328

Caroline B. Ncube

引用次数: 0

International Trade Law and Domestic Policy in Indonesia as Developing Countries a lesson learn from Indonesian Mining Policy 印度尼西亚作为发展中国家的国际贸易法和国内政策——从印度尼西亚采矿政策中吸取的教训

International Journal of Private Law Pub Date : 2018-01-01 DOI: 10.1504/ijpl.2018.10015913

Kristianto Pustaha Halomoan

引用次数: 0

Artificial reproductive technologies and international law: the role of human rights 人工生殖技术与国际法:人权的作用

International Journal of Private Law Pub Date : 2018-01-01 DOI: 10.1504/IJPL.2018.097330

L. Poli

引用次数: 0

Financial liberalisation versus the regulation of capital outflows: reflections on capital movement restrictions in South Africa on the backdrop of South African Reserve Bank and Another v Shuttleworth and Another 2015 (5) SA 146 (CC) 金融自由化与资本外流监管:对南非资本流动限制的反思——基于南非储备银行和另一个v Shuttleworth和另一个2015 (5)SA 146 (CC)

International Journal of Private Law Pub Date : 2018-01-01 DOI: 10.1504/IJPL.2018.10018452

H. Kawadza

{"title":"Financial liberalisation versus the regulation of capital outflows: reflections on capital movement restrictions in South Africa on the backdrop of South African Reserve Bank and Another v Shuttleworth and Another 2015 (5) SA 146 (CC)","authors":"H. Kawadza","doi":"10.1504/IJPL.2018.10018452","DOIUrl":"https://doi.org/10.1504/IJPL.2018.10018452","url":null,"abstract":"One of the constraints to economic development in emerging economies has to do with unavailability of capital to fund economic activities. It is not surprising therefore that most jurisdictions have come up with mechanisms that are aimed at arresting capital leakages out of their borders. Such strategies include stringent regulation of capital mobility. Much as that approach is economically laudable, it nonetheless conflicts with the financial liberalisation agenda that most of these countries have subscribed to. In South Africa, the recent case of South African Reserve Bank and Another v Shuttleworth and Another rekindled this debate. This article is an attempt to ride on the waves that this judgment has created so as to add to the conversation about the necessity or otherwise, of regulation capital outflows within the South African context in particular and in emerging economies in general. As such, this is a discussion about a conflict. A conflict between two contrasting scholarships; one advocating for the preservation of capital controls, and the other intensely agitating for capital account liberalisation.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"82 1","pages":"95"},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80308824","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

Good governance for consumer welfare and accountability in the age of digital aggregators: the case of Amazon India 数字聚合时代对消费者福利和问责制的良好治理:以亚马逊印度为例

International Journal of Private Law Pub Date : 2018-01-01 DOI: 10.1504/IJPL.2018.097331

Sunita Tripathy

引用次数: 0

A consumer's case for regulating electronic credit and debit transfers in South Africa 南非一名消费者要求监管电子信贷和借记卡转账的案例

International Journal of Private Law Pub Date : 2018-01-01 DOI: 10.1504/IJPL.2018.097329

S. Papadopoulos

引用次数: 1

The South African action for adultery - common law, customary law, and constitutional perspectives 南非对通奸的诉讼——普通法、习惯法和宪法观点

International Journal of Private Law Pub Date : 2017-10-16 DOI: 10.1504/IJPL.2017.10008257

A. Barratt

{"title":"The South African action for adultery - common law, customary law, and constitutional perspectives","authors":"A. Barratt","doi":"10.1504/IJPL.2017.10008257","DOIUrl":"https://doi.org/10.1504/IJPL.2017.10008257","url":null,"abstract":"South Africa's highest courts recently abolished the common law action for adultery. In 2014, the Supreme Court of Appeal abolished the action on the ground that the conduct did not satisfy the wrongfulness requirement for delictual liability In 2015, the Constitutional Court confirmed abolition of the adultery remedy on constitutional grounds. These judgments did not consider the customary law adultery actions. South Africa's customary law systems will retain their adultery remedies unless these actions are also abolished. The Supreme Court of Appeal's reasoning might not be applicable to the customary law actions. It is also not certain that the Constitutional Court's reasoning will necessarily have the outcome that customary law actions for adultery must be abolished on constitutional grounds. It might be possible to argue that the sexual delicts in customary law are integrally linked to traditional customary marriage and thus protected by the constitutional right to culture. However, this argument appears weak in the context of the adultery remedy, as that remedy is not linked to core features of traditional culture. Thus the customary law action for adultery should also be abolished on constitutional grounds.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"103 1","pages":"237"},"PeriodicalIF":0.0,"publicationDate":"2017-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75290566","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