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International Journal of Private Law最新文献

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Strange bedfellows? The action for adultery and the South African Bill of Rights 奇怪的伙伴?通奸罪和南非人权法案
International Journal of Private Law Pub Date : 2014-09-23 DOI: 10.1504/IJPL.2014.064925
A. Barratt
{"title":"Strange bedfellows? The action for adultery and the South African Bill of Rights","authors":"A. Barratt","doi":"10.1504/IJPL.2014.064925","DOIUrl":"https://doi.org/10.1504/IJPL.2014.064925","url":null,"abstract":"The action for adultery does not sit comfortably with the Bill of Rights in the South African Constitution, 1996. Historically, the adultery action was designed to protect the husband’s honour in the context of the European honour code. In a recent court judgement, Wiese v Moolman, the court attempted to update the remedy to conform to constitutional requirements, arguing that adultery is an infringement of inherent human dignity. This paper traces the history of the adultery remedy and its links to reflexive honour. It then examines whether the evolved action meets the requirements of the Constitution by focusing on the rights to privacy, freedom of intimate association, and human dignity as a personal autonomy right.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"7 1","pages":"310"},"PeriodicalIF":0.0,"publicationDate":"2014-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87488118","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
A two-pronged approach: analysis of leave arising from the contract of employment in South Africa 双管齐下的办法:分析南非雇用合同所产生的假期
International Journal of Private Law Pub Date : 2014-07-02 DOI: 10.1504/IJPL.2014.063033
C. Tshoose, Themba Kunene
{"title":"A two-pronged approach: analysis of leave arising from the contract of employment in South Africa","authors":"C. Tshoose, Themba Kunene","doi":"10.1504/IJPL.2014.063033","DOIUrl":"https://doi.org/10.1504/IJPL.2014.063033","url":null,"abstract":"Employees generally look forward to their annual leave, and most take it when they can. However, some employees occasionally lose that right during a particular year. When they do so, they usually expect that their leave will accumulate and that, ultimately, they will either take a longer period of leave or claim cash in lieu of leave not taken, when they eventually resign or retire. Questions which then follow are whether and at what stage annual leave can be forfeited. Against this background, the purpose of this article is two-fold. Firstly, the article analyses the conflict that arises from statutory law and the contract of employment regarding the provision of leave. Secondly, the article examines the approach of the courts regarding the provision of leave. The article concludes by providing a solution which demystifies this conflict arising from statutory law and the contract of employment regarding the provision of leave.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"3 1","pages":"286-296"},"PeriodicalIF":0.0,"publicationDate":"2014-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84211309","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
Financial contracts and financial crisis: the case of demand and term deposits 金融合约与金融危机:以活期存款和定期存款为例
International Journal of Private Law Pub Date : 2014-07-02 DOI: 10.1504/IJPL.2014.062987
C. Păun, Vladimir Topan, R. Mușetescu
{"title":"Financial contracts and financial crisis: the case of demand and term deposits","authors":"C. Păun, Vladimir Topan, R. Mușetescu","doi":"10.1504/IJPL.2014.062987","DOIUrl":"https://doi.org/10.1504/IJPL.2014.062987","url":null,"abstract":"Financial crisis became one of the most debated subjects during the last few years. Succeeding more or less to identify its real causes, a lot of specialists proposed different solutions to this turmoil. This paper is focused on the discussion of the most important financial contracts used in banking sector: demand deposits and term deposits. Moreover, this paper will reveal why these contracts could be considered to be the source of financial crisis and why such instruments should be quickly adapted to the conditions of sound banking. As a case study, we proposed a comparative analysis of the provisions of these banking contracts used by three different Romanian banks. This reform of such banking contracts could induce more stability in the financial system and it is a sound solution to the current crisis.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"17 1","pages":"271"},"PeriodicalIF":0.0,"publicationDate":"2014-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79407601","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
Lights out for traditional bulbs: lobbyism and government intervention 传统灯泡熄灯:游说和政府干预
International Journal of Private Law Pub Date : 2014-07-02 DOI: 10.1504/IJPL.2014.062986
Mikael Kevin Kierkegaard
{"title":"Lights out for traditional bulbs: lobbyism and government intervention","authors":"Mikael Kevin Kierkegaard","doi":"10.1504/IJPL.2014.062986","DOIUrl":"https://doi.org/10.1504/IJPL.2014.062986","url":null,"abstract":"On September 1, 2012, the final phase of the European legislation banning the incandescent light bulbs came into effect in the EU. However, the ban has encountered criticisms. Consumers have not internalised the benefits of replacing the classic bulbs. People opposed to the ban deplore government interference with free market. In dimming the classic light bulbs, the EU has been accused of keeping people in the dark during the consultation process and has not been forthright with the public and the Parliament concerning the validity of the data. One of the main questions this author wants to explore is the issue of whether the policy intervention has produced welfare benefits and innovation. Was the intervention justified? What type of discontinuance problems arose after the ban? These are questions that will be explored in this paper and are intended to understand the dynamic effects of policy intervention in energy efficiency.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"33 1","pages":"197"},"PeriodicalIF":0.0,"publicationDate":"2014-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74795103","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
Do not rush the river: a Common Frame of Reference, the Restatements of the Law, and the Court of Justice of the European Union 不要急于求成:共同参照系、法律重述和欧盟法院
International Journal of Private Law Pub Date : 2014-03-31 DOI: 10.1504/IJPL.2014.060085
Nabil Khabirpour
{"title":"Do not rush the river: a Common Frame of Reference, the Restatements of the Law, and the Court of Justice of the European Union","authors":"Nabil Khabirpour","doi":"10.1504/IJPL.2014.060085","DOIUrl":"https://doi.org/10.1504/IJPL.2014.060085","url":null,"abstract":"Whether and in what way European private law would benefit from the erection of a Common Frame of Reference has been an intensely debated topic. While much substantive analysis has been performed, too few comparative doctrinal arguments concerning the method and merit of harmonisation have thus far informed the debate. After a cursory examination of the status quo, the paper turns to the USA in order to glean learning experiences from the American private law story, with particular emphasis on the Restatements of the Law. The analysis reveals that European private law is still in a phase of organic development, and needs to remain therein a while longer; it argues that any thoughts of adopting the current Draft Common Frame of Reference would be premature; and it offers avenues of reform centred, among other things, around an increased assumption of responsibility on the part of the Court of Justice of the European Union.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"8 1","pages":"103"},"PeriodicalIF":0.0,"publicationDate":"2014-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84195320","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
Enforceability of alternative dispute resolution clauses: position in UK, USA and India 替代性争议解决条款的可执行性:英国、美国和印度的情况
International Journal of Private Law Pub Date : 2014-03-31 DOI: 10.1504/IJPL.2014.060094
Nikhil Pareek
{"title":"Enforceability of alternative dispute resolution clauses: position in UK, USA and India","authors":"Nikhil Pareek","doi":"10.1504/IJPL.2014.060094","DOIUrl":"https://doi.org/10.1504/IJPL.2014.060094","url":null,"abstract":"Times have drastically changed from a point in history when conventional judiciary viewed ADR as a threat to their existence to present period where ADR is viewed as an aid to existing legal system. However, with respect to non-binding form of ADR, there is till ambiguity prevailing which can be attributed to lack of legislative support and far from clear judicial approach. The article tries to analyse the judicial and legislative approach in enforcing such clauses in three common law jurisdictions, i.e., UK, USA and India. The article also delves into the landmark precedents dating more than half a century old which are still shaping the law makers of these respective countries. The article also explores the approach taken by the International Chamber of Commerce while dealing with ADR clauses as a separate clause or multi-tier dispute resolution clauses.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"19 1","pages":"175"},"PeriodicalIF":0.0,"publicationDate":"2014-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89771257","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 minority shareholder protection: the English rule of derivative action and Companies Act of Bangladesh 小股东保护:英国衍生诉讼规则与孟加拉公司法
International Journal of Private Law Pub Date : 2014-03-31 DOI: 10.1504/IJPL.2014.060086
Kazi Mokhles Uddin Ahamed
{"title":"The minority shareholder protection: the English rule of derivative action and Companies Act of Bangladesh","authors":"Kazi Mokhles Uddin Ahamed","doi":"10.1504/IJPL.2014.060086","DOIUrl":"https://doi.org/10.1504/IJPL.2014.060086","url":null,"abstract":"The fundamental concept of the minority shareholder protection is the distinction between the personal rights of the shareholders and the rights of the company. A shareholder may have personal rights under an agreement to which he is a party in his personal capacity under the constitution of the company, may be protected by the course of personal action. However, if shareholder desires to enforce a right of the company not confer on him can only do so by means of the derivative claims. The most common form of derivative claim is the company’s property fraudulently misappropriate by the directors. The derivative claim is a claim brought by an individual shareholder in his own name, but on behalf of the company. The reason the claim takes this form is that the minority shareholder is not in a position to see the claim is brought in the name of the company itself to enforce the company’s rights. This paper examines the protection of the minority shareholders’ rights with reference to English rule of the derivative claim. This paper also concentrates on the current statutory position of Bangladesh in relation to minority shareholders’ protection and distinguishes it from the English rule.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"6 1","pages":"129"},"PeriodicalIF":0.0,"publicationDate":"2014-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90008718","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
White-collar attorney defence strategies: an empirical study of a national sample 白领律师辩护策略:一个国家样本的实证研究
International Journal of Private Law Pub Date : 2014-03-31 DOI: 10.1504/IJPL.2014.060088
Petter Gottschalk
{"title":"White-collar attorney defence strategies: an empirical study of a national sample","authors":"Petter Gottschalk","doi":"10.1504/IJPL.2014.060088","DOIUrl":"https://doi.org/10.1504/IJPL.2014.060088","url":null,"abstract":"Every year, an average of 100 white-collar criminals is sentenced to prison in Norway. Based on newspaper reports and court documents, a database of more than 300 convicted criminals is applied in this research to answer the following research question: What links can be found from attorney defence strategies (substance defence, symbolic defence, and information control) to crime case characteristics (persons involved, money amount, and prison sentence)? A number of statistically significant relationships were identified: 1) substance defence varies positively with symbolic defence, positively with money amount in crime, and negatively with number of persons involved in crime; 2) information control varies negatively with money amount in crime and negatively with number of persons involved in crime; 3) symbolic defence varies positively with substance defence, negatively with information control, and positively with money amount in crime","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"75 1","pages":"159"},"PeriodicalIF":0.0,"publicationDate":"2014-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88196146","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 rise and fall of Egypt’s Code de Commerce: a critical examination of the purpose and content of Egypt’s commercial code after the establishment of the economic courts 埃及商法典的兴衰:对经济法庭建立后埃及商法典的目的和内容的批判性考察
International Journal of Private Law Pub Date : 2014-03-31 DOI: 10.1504/IJPL.2014.060087
Moatasem El-Gheriani, M. Farag
{"title":"The rise and fall of Egypt’s Code de Commerce: a critical examination of the purpose and content of Egypt’s commercial code after the establishment of the economic courts","authors":"Moatasem El-Gheriani, M. Farag","doi":"10.1504/IJPL.2014.060087","DOIUrl":"https://doi.org/10.1504/IJPL.2014.060087","url":null,"abstract":"The Egyptian Commercial Code (Code de Commerce) has historically been identified by the following three general characteristics: that it is part of private law; that it was an exceptional system which derived from the Droit Civil proper that governs ‘commercial’ activities; and that its scope of application is not always clear nor easily defined. The recent arrival of Law No. 120 of 2008, which established a new entity known as the ‘economic courts’, is beginning to threaten the very existence of the Code de Commerce and is changing our perspective of these three notions. This article attempts to illustrate how the economic courts system puts the final nail in the coffin of the commercial code and attempts to critically examine the benefits and disbenefits which these changes bring to the Egyptian legal system.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"108 1","pages":"137"},"PeriodicalIF":0.0,"publicationDate":"2014-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90808351","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
Weak investor protection of Chinese state-controlled listed companies: a theory of governmental intervention 中国国有控股上市公司投资者保护不力:一个政府干预理论
International Journal of Private Law Pub Date : 2014-02-04 DOI: 10.1504/IJPL.2014.059076
Lin Zhang
{"title":"Weak investor protection of Chinese state-controlled listed companies: a theory of governmental intervention","authors":"Lin Zhang","doi":"10.1504/IJPL.2014.059076","DOIUrl":"https://doi.org/10.1504/IJPL.2014.059076","url":null,"abstract":"Confronted with the torrent of corporate scandals, legal scholars have already contributed abundant intellectual products on improving the investor protection of Chinese state-controlled listed companies. However, the majority of these contributions focus on the refinement of relevant legal institutions of investor protection in Chinese law or the transplantation of new ones from major commercial jurisdictions. Few of them pay attention to the link between governmental intervention and the malfunction of existing investor-oriented mechanisms of the Chinese legal system. This article demonstrates that apart from legal defects, governmental intervention which disrupts the function of investor-friendly legal institutions in place is another non-negligible factor, or even the most fundamental one in the context of China, to explain the weak investor protection of Chinese state-controlled listed companies. Therefore, in order to improve investor protection of Chinese state-controlled listed companies, the political reform on the establishment of a public servant government which has been underway in China must be continued.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"20 1","pages":"87"},"PeriodicalIF":0.0,"publicationDate":"2014-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84540472","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
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