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Comparative and Foreign Law

LLM Theses and Essays

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The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn Jan 1998

The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn

LLM Theses and Essays

This thesis deals with the lability of automobile and motorcycle manufacturers, as well as their suppliers, in situations where a defective product causes a harmful event. Specifically, it compares the product liability laws of the Federal Republic of Germany to those of the United States of America. Before entering into the details of legal doctrine, the introductory note provides background information on the social and economic aspects of automobile use in those two countries. Next, Chapter I describes the liability regime governing claims against German motor vehicle manufacturers and their suppliers. Chapter II focuses on the comparable law in the …


International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg Jan 1995

International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg

LLM Theses and Essays

Arbitration has long been regarded as a process that combines finality of decision with speed, low expense, and flexibility in solving problems. For these reasons, arbitration is often favored over litigation for dispute resolution. Particularly in international cases, a businessman may avoid litigation in a foreign country for various reasons: he may be unfamiliar with the proceedings; he may be afraid to find a “forum hostile” because of the different legal and cultural background of the judges; and he may wish to avoid the uncertainty concerning the law arising from the contract. Arbitration proceedings have been held constitutional by the …


Essential Functional Issues In Nepalese Contract Law: A Comparison With United States Law, Tribhuban Dev Bhatta Jan 1990

Essential Functional Issues In Nepalese Contract Law: A Comparison With United States Law, Tribhuban Dev Bhatta

LLM Theses and Essays

American and Nepalese contract law may be put at two ends of spectrum. The former legal system is a long parent system. This comparative study will probe some of the causes of the stasis in Nepalese contract law by examining the Contract Act, cases adjudicated under it, and related provisions of the other laws. The inquiry is restricted to certain selected areas of functional interest form a Nepalese perspective and does not purport to examine interest interrelated doctrinal or other areas with equal thoroughness. The approach throughout is to study the Anglo-American contract law on the subject and compare Nepalese …


Interpretation Of Contemporary Commercial Agreement A Comparative Study, Qing Cai Jan 1989

Interpretation Of Contemporary Commercial Agreement A Comparative Study, Qing Cai

LLM Theses and Essays

Many disputes arising under commercial agreements turn upon the interpretation of the agreement. Interpretation is the process by which a court ascertain in meaning that it will give to the language used by the parties in determining the legal effect of an existing agreement. It also involves questions as to whether additional duties or excuses will be implied. In addition, interpretation can be relevant to contract formation since courts may be forced to determine the meaning of communication used by the parties before they determine whether the parties have reached an agreement. To some extent, how the judges interpret the …


A Comparative Approach To Extraterritoriality In The Fields Of Antitrust And Export Controls, Andreas Knaul Jan 1987

A Comparative Approach To Extraterritoriality In The Fields Of Antitrust And Export Controls, Andreas Knaul

LLM Theses and Essays

This work will show that all isolated proposals for the solution of the extraterritoriality problem are fundamentally insufficient. Only a combination of negotiation, agreements and arbitration comes near to a solution of the problem. Taking the example of antitrust and export control laws the author will describe and analyze the different approaches currently discussed to cope with the fact that one sovereign state tries to extend its jurisdiction into the field of another sovereign state. It is to be shown that no approach can succeed as long as the substantive laws in the antitrust and export control field are different.


Protection Available To A U.S. Citizen Who Buys Securities From Foreigners: Relief In The U.S. For Sales At Home And Abroad; Protection Under U.K. And Thailand Laws, Narestr Kesaprakorn Jan 1985

Protection Available To A U.S. Citizen Who Buys Securities From Foreigners: Relief In The U.S. For Sales At Home And Abroad; Protection Under U.K. And Thailand Laws, Narestr Kesaprakorn

LLM Theses and Essays

This paper will examine regulations relating to transactions by foreigners in the United States securities markets and compare with investor protection in the U.K. and Thailand. It will also examine the manner in which the U.S. seeks to control extraterritorial securities transactions.


Legal Issues Of Market Dominance: A Comparative Study, Helmut Gottlieb Jan 1985

Legal Issues Of Market Dominance: A Comparative Study, Helmut Gottlieb

LLM Theses and Essays

Chapter I of this paper will focus on the current approach to the delimitation of the relevant market, the determination of market concentration and the legal requirements for a challenge of market dominating enterprises. In Chapter II, because of the interdependency between monopoly and antimerger policy, the present legal situation of mergers shall be analyzed. Finally, the theories of the problem of the jurisdictional reach of antitrust laws will be considered in Chapter III.


Comparison Of The U.S.S.R. And United States On The Territorial Sea, Exclusive Economic Zone, And Strait Issues, Erik Franckx Jan 1983

Comparison Of The U.S.S.R. And United States On The Territorial Sea, Exclusive Economic Zone, And Strait Issues, Erik Franckx

LLM Theses and Essays

This thesis compares the positions of the United States and the Soviet Union on the territorial sea, exclusive economic zone, and straits.