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Proyecto De Ley Sobre Juicio Por Jurados, Dr Leonardo J. Raznovich Jan 2004

Proyecto De Ley Sobre Juicio Por Jurados, Dr Leonardo J. Raznovich

Dr Leonardo J Raznovich

This article published in Spanish provides with an assessment of a bill sent to the Argentinean Parliament in order to implement trial by jury for serious criminal matters. It also provides with a historical overview of the institution and with some possible explanations why the Argentinean legislator has been reluctant to fulfill the constitutional mandate of implementing trial by jury for all criminal matters (articles 24, 75 (12) and 118 of the Argentinean Constitution).

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Acquisition Of Living Things By Specification, Ernest Metzger Jan 2004

Acquisition Of Living Things By Specification, Ernest Metzger

Ernest Metzger

Ownership of the product of living things, such as human tissue or cultures developed from human cells, is difficult for the law to determine. Civilian jurisdictions, with their legal heritage grounded in Roman law, offer one solution. Civilian jurisdictions would resolve such cases under the rules of specification. A recent case from the Outer House of the Scottish Court of Session (Kinloch Damph Ltd v Nordvik Salmon Farms Ltd) addresses the problem. The case was properly decided, though the grounds of the decision could be improved. Specifically, on civil law principles, civilian courts ought to award ownership of a living …

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Roman Judges, Case Law, And Principles Of Procedure, Ernest Metzger Jan 2004

Roman Judges, Case Law, And Principles Of Procedure, Ernest Metzger

Ernest Metzger

Roman law has been admired for a long time. Its admirers, in their enthusiasm, have sometimes borrowed ideas from their own time and attributed them to the Romans, thereby filling some gap or fixing some anomaly. Roman private law is a well known victim of this. Roman civil procedure has been a victim as well, and the way Roman judges are treated in the older literature provides an example. For a long time it has been accepted, and rightly so, that the decision of a Roman judge did not make law. But the related, empirical question, whether Roman judges ever …

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The Italian Construction Contract: A Contribution To The European Construction Law, Antonio Lordi Dec 2003