Suchergebnisse

In this article, the author presents the results of the analysis of the content of the concepts of "subjective law", "potestative law" and "secundary law". According to the researcher, each of these legal constructions requires rethinking from the point of view of its internal structure and the essence of those legal institutions that are reflected in them. At the same time, author are offered to use a new legal construction "infirmitive law" in the context of considering the totality of subjective rights, as well as their classification based on the degree of conditionality of the realization of legal interest.

The 'theory of law and finance' argues that the common law system provides a better framework for financial development and economic growth than the civil law tradition. This paper identifies a number of problems that cast doubt on the soundness of the empirical basis of this literature. However, this analysis supports the idea that the legal tradition is a major factor in shaping corporate law. In particular, while there is not much evidence that common law countries protect financial investors better than civil law countries I find support for the assumption that financial investors are treated differently across legal families.

Although two out of the three founding treaties of what is now the European Union (EU) – the 1951 European Coal and Steel Community Treaty (which expired in 2002) and the 1957 European Atomic Energy Community (Euratom) Treaty – had energy at their heart, EU energy law was limited in its scope and impact until the 1990s, with early interventions largely focused on (nuclear) safety and maintaining security of supply. In general, with energy security being regarded as closely linked to national security, Member States jealously guarded their sovereignty in relation to energy policy, and energy industries were mostly organised on national lines, often as publicly-owned monopolies. Things began to change in the late 1980s and 1990s as a result of two pressures. First, the desire to complete the EU internal market, by addressing indirect distortions to competition such as energy costs, coincided with a worldwide shift in energy policy away from public ownership and monopolisation towards privatisation and liberalisation. Relying on general competition law and free movement powers, the Commission moved to liberalise downstream gas and electricity markets, initially via a litigation strategy and subsequently through three successive waves of legislation (in 1996/98, 2003, and 2009).

Family law's intense concentration on marriage and parenthood has left little room for legal attention directed at any other family relationship. The breadth of this exclusion from family law's canon is enormous. Examining the legal treatment of one noncanonical family relationship, whose marginalization in family law is particularly remarkable, can provide a foundation for better understanding the consequences of family law's narrowness. The sibling relationship offers a striking illustration of a crucial, yet legally neglected, family tie. Siblings can give each other support, love, nurturing, and stability. But the law governing children's family relationships focuses almost exclusively on children's ties with their parents rather than children's ties with their siblings, making only modest, scattered, and unsystematic efforts to safeguard sibling relationships when they are in jeopardy. Siblings who have lived together for years are sometimes separated at adoption or parental divorce or death with no right to contact each other, communicate, or visit. Siblings who are separated early on may have no opportunity and no right even to learn of each other's existence. Nonetheless, sibling relationships have received amazingly little attention from courts, legislatures, and scholars. This Essay uses the example of sibling relationships to explore family law's treatment of noncanonical family ties and to consider some of the reform possibilities that emerge when we expand family law's focus beyond marriage and parenthood.

"War Stories" is the phrase used by academic lawyers to disparage the ways practicing lawyers talk about their experiences. Still, much of what matters about law eludes most academic writings. Perhaps, as a consequence, legal scholarship is awash in new methodologies designed to illuminate how law shapes and is shaped by its enforcers, interpreters, and those it regulates