Open Access. Powered by Scholars. Published by Universities.®

Civil Law Commons

Open Access. Powered by Scholars. Published by Universities.®

3,391 Full-Text Articles 2,506 Authors 1,285,583 Downloads 173 Institutions

All Articles in Civil Law

Faceted Search

3,391 full-text articles. Page 1 of 108.

When Accessing Justice Requires Absence From The Courthouse: Utah’S Online Dispute Resolution Program And The Impact It Will Have On Pro Se Litigants, Julianne Dardanes 2021 Pepperdine University

When Accessing Justice Requires Absence From The Courthouse: Utah’S Online Dispute Resolution Program And The Impact It Will Have On Pro Se Litigants, Julianne Dardanes

Pepperdine Dispute Resolution Law Journal

According to the 2017 Justice Gap Report conducted by Congress’s non-profit Legal Services Corporation (LSC), eighty-six percent of civil legal issues involving low-income Americans received scant or no legal assistance. The number of unrepresented (“pro se”) litigants continues to rise, with low-income Americans constituting a significant portion of this population. Due to the inefficiency of socioeconomically challenged litigants appearing pro se, this article proposes implementing Utah’s court-mandated Online Dispute Resolution (ODR) program as a solution nation-wide. Utah’s ODR program for small claims is revolutionary because it is the first ODR system able to handle an entire dispute ...


إخلال البائع بالتزامه من حيث العجز في مساحة العين المبيعة - تعليق على حكم المحكمة الاتحادية العليا بأبوظبي, prof. Jassim Salem Al-Shamsi 2021 Professor of Civil Law and Former Dean of the College of Law - United Arab Emirates University

إخلال البائع بالتزامه من حيث العجز في مساحة العين المبيعة - تعليق على حكم المحكمة الاتحادية العليا بأبوظبي, Prof. Jassim Salem Al-Shamsi

Journal Sharia and Law

تعليق على حكم المحكمة الاتحادية العليا بأبوظبي

بالطعن رقم 352 السنة 11 ق. ع. نقض مدني بتاريخ 20 شوال 1410هـ الموافق 15/5/1990


أ.د. وهبة مصطفى الزحيلي - عقود جديدة(عقد المقاولة، بيع الاسم التجاري والترخيص، التنازل عن المنفعة بمقابل بدل الخلو), 2021 United Arab Emirates University

أ.د. وهبة مصطفى الزحيلي - عقود جديدة(عقد المقاولة، بيع الاسم التجاري والترخيص، التنازل عن المنفعة بمقابل بدل الخلو)

Journal Sharia and Law

هذه طائفة جديدة من العقود والاتفاقات تتطلب حلاً، وعرفاً لحكمها في الفقه الإسلامي، وقد رأيت تحليل مضمون هذه الاتفاقات وبيان مدى موافقتها لأحكام الشريعة الإسلامية وهل هي جائزة شرعاً أم لا؟


أ.د. محمد ناجي ياقوت- مسؤولية الصحفيين المدنية في حالة القذف في حق ذوي الصفة العمومية, 2021 United Arab Emirates University

أ.د. محمد ناجي ياقوت- مسؤولية الصحفيين المدنية في حالة القذف في حق ذوي الصفة العمومية

Journal Sharia and Law

No abstract provided.


The Concept Of Non-Present Subjects In Light Of Emirates Civil Transactions Law And Islamic Jurisprudence, prof. Jassim Salem Al-Shamsi 2021 Professor of Civil Law and Former Dean of the College of Law - United Arab Emirates University

The Concept Of Non-Present Subjects In Light Of Emirates Civil Transactions Law And Islamic Jurisprudence, Prof. Jassim Salem Al-Shamsi

Journal Sharia and Law

The introduction explained the meaning of this title and that the intrinsic purpose for its selection is due to the fact that the Transactions Law was affected by its original source which is the Islamic Legislation Jurisprudence.

In Part (1) I have discussed the effects on the contract due to the absence of contracted goods.

My first topic covers the effects on the contract due to the absence of contracted goods in the denominations of Islamic jurisprudence from the points of prohibiting and permitting citations evidence in legislative references, the "possible" concept of Malkiah and their followers concerning either the ...


Seize The Day: Renewed Hope For The Permissibility Of In Rem Counterclaims Against The United States Government After The Fifth Circuit's Substituted Opinion In $4,480,466.16?, Evan Gildenblatt 2021 University of Cincinnati College of Law

Seize The Day: Renewed Hope For The Permissibility Of In Rem Counterclaims Against The United States Government After The Fifth Circuit's Substituted Opinion In $4,480,466.16?, Evan Gildenblatt

University of Cincinnati Law Review

No abstract provided.


The Role Of Guaranty In Subsequent Ownership- دور الضمان في كسب الملكية تبعاً, Mohammed Sulaiman Al-Ahmad 2021 Professor of Private Law - University of Sulaymaniyah - Iraq

The Role Of Guaranty In Subsequent Ownership- دور الضمان في كسب الملكية تبعاً, Mohammed Sulaiman Al-Ahmad

Journal Sharia and Law

The researcher explained the role of guaranty in the subsequent ownership in four topics; the first focuses on jurisprudents discussions about the possibility of accepting the principle of ownership as a result of guaranty, while the 2nd he indicates the rules (jurisprudential & legal) required for ownership resulting from guaranty. In the 3rd topic the researcher focused on the conditions required for such ownership, and in the 4th defines ownership resulting from guaranty, supported by Islamic jurisprudents and positive laws. The research was ended by the researcher's conclusions and recommendations.


Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond 2021 Fordham Law School

Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond

Fordham Environmental Law Review

A cataclysmic event is sometimes the necessary catalyst for companies within certain industries to re- examine, radically shift, and replace their standard practices with technologically-advanced alternatives. In the United States, the occurrence of the Coronavirus pandemic (“COVID-19”) during the sunsets of the Production Tax Credit (“PTC”) and the Investment Tax Credit (“ITC”) created a unique confluence of factors that produced a perfect storm tantamount to such a cataclysmic event for companies in the wind and solar industries, particularly developers. Over the years, the domestic utility-scale wind industry has come to rely heavily upon the PTC, while the domestic utility- scale ...


Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell 2021 Fordham Law School

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken ...


Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq. 2021 Fordham Law School

Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq.

Fordham Environmental Law Review

Although red tides are a common and natural occurrence around the coast of Florida, within the last few decades they have intensified and become much more deadly. Several identifiable human-caused factors exacerbate the size, concentration, and duration of the harmful algae bloom and disturb the environment’s natural balance. The Florida Gulf Coast provides all the algae’s necessary requirements for survival, the perfect storm to create a resilient super bloom that annihilates its host ecosystem.

This article explains the plight of Florida manatees who, like other marine animals and plants, are being injured or killed by this algae crisis ...


"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller 2021 Fordham Law School

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and ...


The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer 2021 Fordham Law School

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer

Fordham Environmental Law Review

This is written as a continuation of Dr. Schaefer’s recent article entitled, “The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries.” 2 Perhaps few other areas have affected so many people than the Covid-19 pandemic. Coupled with this has been the struggle over the use of force by the military and police in the age of “black lives matters” and the movements that have been transpired as a result. With the increased global warming likely to ...


Offer And Acceptance In Jordanian Civil Law And Comparative Law: The Concept And Its Development, 2021 United Arab Emirates University

Offer And Acceptance In Jordanian Civil Law And Comparative Law: The Concept And Its Development

Journal Sharia and Law

Islamic jurisprudence "fiqh" was the first legal system which adopted the doctrine of offer and acceptance. It is thought that the doctrine had been imported to French legal system from Islamic Fiqh through Spain and then transmitted to English law.

As we have seen, all the legal systems which have been studied are in common on the question of determination of offer and acceptance. This determination is based on a chronologically sequential order: the first expression of one party's will is an offer while the second corresponding expression of the other party's will is an acceptance. Nevertheless, all ...


Comments On Provisions Of Tort In Iraqi Civil Law, Dr. Galil Hassan AL-saadi 2021 Faculty of Law. Baghdad University

Comments On Provisions Of Tort In Iraqi Civil Law, Dr. Galil Hassan Al-Saadi

Journal Sharia and Law

Iraqi Civil Law number 40 of 1951 has some rules driven from Islamic Law and some others from foreign legislations. Despite that, law has some defects relating basically to drafting some of its articles from one hand, and from another hand some recourses of this law were improper. This search contains some comments on rules dealing with tort. Some comments concern with tort of personal actions, some other comments concern with tort of a third party Action which has been regulated by law in three articles divided into two places. Study deals as well with some comments on liability of ...


Pleas Of Joint Sureties, A Comparative Study, Dr. Mohammed Bendari 2021 Faculty of Sharia and Law - Al-Azhar University - Egypt

Pleas Of Joint Sureties, A Comparative Study, Dr. Mohammed Bendari

Journal Sharia and Law

Joint suretyship has been playing a very important role nowadays. It has some advantages that do not exist in different types of suretyships. This search concerns with the Joint suretyship; definition, importance and all pleas relating to obligations through different applications. The study focuses as well on the pleas of the different sureties when they lose pensions, and all pleas relating to negligence of creditors. This search is a comparative one, it examines the aforementioned issue in Egyptian, French and Emiratian laws, it reaches some important results in this fiel


Silence: Its Legal Effect On Concluding Contracts A Comparative Study, 2021 United Arab Emirates University

Silence: Its Legal Effect On Concluding Contracts A Comparative Study

Journal Sharia and Law

Is based on mutual & verbal

Concluding a contract agreement/acceptance; however a contract can be concluded with several other ways. Silence does not necessarily express a specific view unless it is surrounded by certain conditions that may indicate that it expresses agreement/acceptance. There are some exceptions to the issue of silence when concluding a contract that silence would not necessarily mean agreement/acceptance. The essence of any legal behavior is free will which should be expressed clearly. All these exceptions are common and occur due to certain conditions which lead to silence.

The present study exemplifies some of the legislations; for instance, the German legislation ...


Option Of Blemish In Jordanian Civil Law-, Yassin Mohammed AlJubouri 2021 Al-Zaytoonah University - College of Law - Jordan

Option Of Blemish In Jordanian Civil Law-, Yassin Mohammed Aljubouri

Journal Sharia and Law

Concluding a contract of sale needs availability of many elements and conditions. The contract may be regarded as a valid and legal contract.

Nevertheless the sale contract may be existed but it existence may mixed with many defects in the object of the contract (the sold thing) which reflects injury and damage on the purchaser,s interest.Therefore the purchaser is granted a choice of defect (khiyar al-ayb) and the contract is considered to him as ghayr lazim (not-binding) which gives him the right to rescind the contract. Morever, this option, (the khiyar) may coincide with the concept of liability ...


Conditional Incident A Study Of The Condition Concept In Jordanian Civil Law- الواقعة الشرطية – دراسة في مفهوم الشرط في القانون المدني الأردني, Yassin Mohammed AlJubouri 2021 Al-Zaytoonah University - College of Law - Jordan

Conditional Incident A Study Of The Condition Concept In Jordanian Civil Law- الواقعة الشرطية – دراسة في مفهوم الشرط في القانون المدني الأردني, Yassin Mohammed Aljubouri

Journal Sharia and Law

The conditions is a future obligation on the existence of which the legal effect of the obligation subsists or terminates. The validity of a conditional disposition shall be subject to the purport of the effect of the ondition being not valid and is neither fulfilled nor impossible. It has been pointed out that the Jordanian civil code has not signaled the tow sorts of the conditions however its provisions implied the rules of the kinds of the condition which are suspensive and the resolutory


A Critical Study Of The Two Standard References Of Obligations (Personal Rights (And Contracts In United Arab Emirates Law Of Civil Transactions, Dr.adnan sarhan 2021 Professor of Civil Law, Assistant Director for Branch Affairs, Former Dean of the Faculty of Law - University of Sharjah

A Critical Study Of The Two Standard References Of Obligations (Personal Rights (And Contracts In United Arab Emirates Law Of Civil Transactions, Dr.Adnan Sarhan

Journal Sharia and Law

The Emirates Law of Civil Transactions is based on the rules set by Islamic Law. However; it suffers from faults or short comings in the legal texts and even, sometimes, a contradiction in the merits or judgement. These faults are consequences of the presence of statements extracted from defective or imperfect laws such as the Jordanian law, or a contradiction due to differences between Malek’s or Hanbal’s and Al-Numan’s shools.

In this research, the author deals with the text of the United Arab Emirates Law of Civil Transactions that are related to commitments and contracts. As he ...


A Sale Of Salam Sale Of Future Goods: A Comparative Study In The Jordanian Civil Coode And The English Law Of The Goods Sale, Nisreen Mahasneh 2021 College of Law - Yarmouk University- Jorda

A Sale Of Salam Sale Of Future Goods: A Comparative Study In The Jordanian Civil Coode And The English Law Of The Goods Sale, Nisreen Mahasneh

Journal Sharia and Law

This research examines Salam Sale, which is a type of sale known under the Islamic jurisprudence, and provided for by the Civil Code of Jordan. The most important feature of this kind of sale is the non-existence of the subject matter of the contract, which is the Goods or the Mahal. For this particular reason, I chose to compare Salam Sale with the Sale of Future Goods under English law. Therefore, the research aimed first to define the concept of both Salam Sale and Future Goods Sale. Besides explaining the purposes of, as well as the merits behind Salam Sale ...


Digital Commons powered by bepress