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From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, yehezkel Margalit 2016 SelectedWorks

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Hezi Margalit

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known ...


Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, yehezkel Margalit 2016 SelectedWorks

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...


Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines, Larry A. DiMatteo 2015 Warrington College of Business Administration

Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines, Larry A. Dimatteo

Pace International Law Review

This article will examine the law of excuse as espoused in the Convention on Contracts for the International Sale of Goods (CISG). It will examine the relevant case law applying the doctrine of impediment found in CISG Article 79. The question posed in this analysis is whether the word “impediment” relates only to the occurrences of force majeure, impossibility and frustration of purpose events or if it also includes changed circumstances, impracticability and hardship events. For purposes of simplicity, the first set of excuse or exemption doctrines will be analyzed under the heading of “impossibility” and the second set will ...


The Conformity Of The Goods To The Contract In International Sales, Villy de Luca 2015 Maastricht University, European Private Law Institute

The Conformity Of The Goods To The Contract In International Sales, Villy De Luca

Pace International Law Review

The present article aims to provide a general overview on the issue of conformity of the goods to the contract as regulated by Article 35 of the Convention on Contracts for the International Sales of Goods (“CISG”).

The analysis will focus on Article 35 CISG and, after having retraced the history that led to the current formulation of the provision, will concentrate on the implications following the adoption of a “unitary” notion of conformity. The evaluation will proceed focusing on the single express and implied conformity obligations covered, respectively, in the first and second paragraphs of Article 35 CISG.

The ...


Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann 2015 Aarhus University, School of Business and Social Sciences

Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann

Pace International Law Review

This article is the first in a series of articles attempting to provide a geographical and temporal overview of the application practice of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In this first article, the success of CISG is explored. The article develops the idea of using the Albert H. Kritzer Database to achieve an overview of the success of the Convention in practice. It is argued that the success of the Convention is useful to measure by its uniformity in practice, and therefore a set of criteria relating to the Convention’s application ...


Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont 2015 Tulane University of Louisiana

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.


Enforcement Of Forum Selection Agreements In Contracts Between Unequal Parties, Cindy Noles 2015 University of Georgia School of Law

Enforcement Of Forum Selection Agreements In Contracts Between Unequal Parties, Cindy Noles

Georgia Journal of International & Comparative Law

No abstract provided.


Conflict Of Laws In Arbitration Agreements Between Developed And Developing Countries, Mary Kathryn Lynch 2015 University of Georgia School of Law

Conflict Of Laws In Arbitration Agreements Between Developed And Developing Countries, Mary Kathryn Lynch

Georgia Journal of International & Comparative Law

No abstract provided.


The Choice Of Law Clause In Contracts Between Parties Of Developing And Developed Nations, Alice M. Vickers 2015 University of Georgia School of Law

The Choice Of Law Clause In Contracts Between Parties Of Developing And Developed Nations, Alice M. Vickers

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium - Conflicts Of Law In Contracts Between Developed And Developing Nations, Gabriel M. Wilner 2015 University of Georgia School of Law

Symposium - Conflicts Of Law In Contracts Between Developed And Developing Nations, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa 2015 Universidad Nacional de Buenos Aries

Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa

Georgia Journal of International & Comparative Law

No abstract provided.


Judicial Treatment Of California’S Anti-Deficiency Legislation Section 580b: Is It Effective?, Cole F. Morgan 2015 Pepperdine University

Judicial Treatment Of California’S Anti-Deficiency Legislation Section 580b: Is It Effective?, Cole F. Morgan

The Journal of Business, Entrepreneurship & the Law

Short sales of real property represent approximately a quarter of all homeowner transactions. Recently, short sales passed foreclosures as the preferred method in home sales due to the ease of sale. Coker v. JP Morgan Chase Bank, N.A., has ruled lenders of a purchase-money mortgage may not pursue a deficiency judgment after the short sale of a home. Essentially, this means after the sale is completed and the lender has obtained the proceeds from the sale, if there is a deficiency, they may not personally hold the borrower liable for the remaining debt of the mortgage. The ruling was ...


Mainstreaming Employment Contract Law: The Common Law Case For Reasonable Notice Of Termination, Rachel Arnow-Richman 2015 University of Florida Levin College of Law

Mainstreaming Employment Contract Law: The Common Law Case For Reasonable Notice Of Termination, Rachel Arnow-Richman

Florida Law Review

This Article simultaneously exposes a fundamental error in employment termination doctrine and a paradox in contract law jurisprudence. Contemporary employment law has developed under the assumption that at-will parties may terminate their relationship both without reason and without notice. This Article argues that the second half of this formulation—the idea that parties reserve the procedural right to terminate without notice—is neither historically supported nor legally correct. Employment at will, as originally expressed, was a mere duration presumption reflecting America’s rejection of the predominant British rule favoring one-year employment terms. While subsequent case law expanded the presumption in ...


Unbundling Procedure: Carve-Outs From Arbitration Clauses, Christopher R. Drahozal, Erin O'Hara O'Connor 2015 University of Florida Levin College of Law

Unbundling Procedure: Carve-Outs From Arbitration Clauses, Christopher R. Drahozal, Erin O'Hara O'Connor

Florida Law Review

A rich literature analyzes how parties choose between courts and arbitration. Within this literature, scholars traditionally assume that sophisticated parties make a single choice between courts and arbitration based on the bundle of dispute resolution services that seems most appealing ex ante. As with the literature on bundling generally, however, legal scholars are increasingly focusing their attention on the unbundling of court and arbitral procedures—that is, the ability of parties to contract for à la carte or customized dispute resolution procedures in court and arbitration. While such unbundling is common ex post, i.e., after a dispute arises, most ...


"Sophisticated Robots": Balancing Liability, Regulation, And Innovation, F. Patrick Hubbard 2015 University of Florida Levin College of Law

"Sophisticated Robots": Balancing Liability, Regulation, And Innovation, F. Patrick Hubbard

Florida Law Review

Our lives are being transformed by large, mobile, "sophisticated robots" with increasingly higher levels of autonomy, intelligence, and interconnectivity among themselves. For example, driverless automobiles are likely to become commercially available within a decade. Many people who suffer physical injuries from these robots will seek legal redress for their injury, and regulatory schemes are likely to impose requirements on the field to reduce the number and severity of injuries.

This Article addresses the issue of whether the current liability and regulatory systems provide a fair, efficient method for balancing the concern for physical safety against the need to incentivize the ...


2 + 2 = 5 El Error De Cálculo Y Error De Cantidad En El Negocio Jurídico, Marco Andrei Torres Maldonado, Enrique Varsi Rospigliosi 2015 Universidad Nacional Mayor de San Marcos

2 + 2 = 5 El Error De Cálculo Y Error De Cantidad En El Negocio Jurídico, Marco Andrei Torres Maldonado, Enrique Varsi Rospigliosi

Marco Andrei Torres Maldonado

No abstract provided.


La Metamorfosis Incoherente (¿E Inconstitucional?) Del Principio De Fe Pública Registral, Fort Ninamancco Córdova 2015 Universidad Nacional Mayor de San Marcos

La Metamorfosis Incoherente (¿E Inconstitucional?) Del Principio De Fe Pública Registral, Fort Ninamancco Córdova

Fort Ninamancco Cordova

No abstract provided.


Interessi Corrispettivi E Moratori, Tasso-Soglia Usura E Clausola Penale, Valerio Sangiovanni 2015 SelectedWorks

Interessi Corrispettivi E Moratori, Tasso-Soglia Usura E Clausola Penale, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.


La Tutela De Los Acreedores Frente A La Escisión Societaria, Marco Andrei Torres Maldonado 2015 Universidad Nacional Mayor de San Marcos

La Tutela De Los Acreedores Frente A La Escisión Societaria, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

No abstract provided.


Modos De Extinción De La Propiedad, Ronald Benjamin Jallurana Añamuro 2015 UNAP

Modos De Extinción De La Propiedad, Ronald Benjamin Jallurana Añamuro

RONALD B. Jallurana Añamuro

De acuerdo al C. C. (art. 968) la propiedad se extingue por: 1. Adquisición del bien por otra persona. 2. Destrucción o pérdida total o consumo del bien. 3. Expropiación. 4. Abandono del bien durante veinte años, en cuyo caso pasa el predio al dominio del estado.


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