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.

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.

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).

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.

Cover -- Contents -- Preface -- 1 Studying Law: What's It All About? -- Introduction -- Law and justice -- Some distinctions between the academic study and the practice of law -- The skills required for success as a law student -- Summary -- 2 The Sources of English Law -- Introduction -- Common law and statute law -- European Union law -- How European Union law enters English law -- Resolving conflicts between English law and European Union law -- European Convention on Human Rights -- Summary -- 3 The Constitutional Context of English Law -- Introduction -- What is a constitution? -- The underlying doctrines of the British constitution -- Devolution to Scotland, Wales and Northern Ireland -- The European Union dimension -- The European Convention on Human Rights -- Summary -- 4 The Jurisdictions of the Principal Courts -- Introduction -- The three types of jurisdiction -- The hierarchy of the courts -- Rights of appeal and permission to appeal in the English courts -- Tribunals and inquiries -- The European Court of Human Rights -- Summary -- 5 The Protection of Human Rights and Fundamental Freedoms -- Introduction -- Protection of human rights by the common law -- Statute law other than the Human Rights Act 1998 -- The European Convention on Human Rights -- The Human Rights Act 1998 -- European Union law and the protection of human rights -- Summary -- 6 Finding and Citing the Sources of Law -- Introduction -- Libraries and learning resource centres -- Textbooks, casebooks, statute books and journals -- Law reports -- Statutes -- Summary -- 7 Legal Method -- Introduction -- The importance of careful reasoning -- Language and the importance of context -- The common law and the doctrine of binding precedent -- Legislation and legislative interpretation -- Legislative interpretation in the European Court of Justice.

Saudi arbitration law has witnessed major developments, especially after the amendments of 1433 H. Indeed, with such amendments, Saudi Arbitration Law has been able to be applied in all areas of arbitration at national and international level, and in all stages of the dispute settling process starting from the very initial stages. These stages include the arbitral agreement, the appointment of an arbitral committee, the choice of the procedure to be followed, through to the issuance of the arbitral award and the potential right to appeal, and the arbitrator's response to the implementation of the award. In effect, with these adjustments, Saudi Arbitration Law has already almost dealt with and responded to what has been stipulated in the international agreements as well as the national laws of the developed countries which are applicable at international and regional levels, and which already have an astounding tradition in the field of arbitration. Still, all those aspects stem from the legal framework that organizes such a process. We have therefore focused on the major developments and differences between the old arbitration law of 1403 H and the new law of 1433, so as to account for the importance of such adjustments in the legal and practical perspective within the field of legislation in the Kingdom of Saudi Arabia.

Chapter 1. Introduction -- Chapter 2. The making of criminal law as an element of ius puniendi -- Chapter 3. Substantive criminal law in the normative approach -- Chapter 4. Non-state actors as law-makers -- Chapter 5. Regulation issued by the non-state actors. Chapter 6. Conflict of regulation-elements of norms -- Chapter 7. The regulation of non-state actors as elements of the domestic penal norms -- Chapter 8. Conclusions.

Cover -- Table of Contents -- Contributors -- Editor's Note -- Árpád Passed Away … Personal Thoughts on a Quiet But Efficient Hungarian International Lawyer - in Memoriam Árpád Prandler (1930-2014) -- Part I Thematic Part: International Humanitarian Law, International Criminal Law and Human Rights Law -- 1 The Development of the International Human Rights Law with Specific Regard to the European Human Rights System -- 2 The European Court of Human Rights and Social Rights - Emerging Trends in Jurisprudence?