Law Commons^™

The Criterion Of The Apparent Mismatch Between The Specific Performance Cost Incurred By The Debtor And The Interest Gained By The Creditor As An Impediment For The Specific Performance Of The Obligation In The French Law, Yousef Shandi

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This paper dealt with the specific performance of the contractual obligations under the Articles (1221 and 1222) of the French civil law as introduced by (Decree 2016 – 131, dated 10/2/2016 amending the contract law, general provisions and evidence). These Articles reinforce the general rule in contracts, i.e. the contractual obligation shall in principle be specifically performed. However, Article (1221) introduces an important exception to this rule. The judge may refuse specific performance requested by the creditor, if there is "an apparent mismatch between specific performance cost incurred by the debtor and the interest gained by the creditor thereof." This …

Nature, Types, And Effects Of Agency Under The English Law: A Comparative Study, Younis Salah Eddin Ali Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The agency is considered as one of the legal systems contained in the English common law, which is based on the customary rules and judicial precedents of the English courts. And depended, to a limited extent, on the legislations enacted later. This means that it is one of the legal systems which is characterized by its customary and judicial origins. It is worth-mentioning that the nature of the agency in the English law differs according to whether the agent enjoys the required contractual capacity or not. If he or she does so, it can be regarded as an agreement concluded …

Pelaksanaan Perjanjian Akibat Terjadinya Wanprestasi Karena Pandemi Covid-19: Studi Perbandingan Di Indonesia Dan Malaysia, Nadya Aurelia Salsabila

Lex Patrimonium

The Covid-19 pandemic has had a significant impact on various aspects of people’s lives, one of which is the existence of contracts whose implementation has been disrupted because there are some of parties who cannot fulfill their achievements or contractual obligations by postulating the Covid-19 pandemic as a category of force majeure. This research discusses the implementation of contracts due to defaults due to the Covid-19 pandemic in Indonesia and Malaysia. The method used is normative juridical by examining laws and regulations and court decisions in the two countries which are the focus of comparison in this research. The conclusion …

Nature, Types, And Effects Of Agency Under The English Law: A Comparative Study, Younis Salah Eddin Ali Dr.

UAEU Law Journal

The agency is considered as one of the legal systems contained in the English common law, which is based on the customary rules and judicial precedents of the English courts. And depended, to a limited extent, on the legislations enacted later. This means that it is one of the legal systems which is characterized by its customary and judicial origins. It is worth-mentioning that the nature of the agency in the English law differs according to whether the agent enjoys the required contractual capacity or not. If he or she does so, it can be regarded as an agreement concluded …

Pengakhiran Kontrak Sebelum Terjadi Wanprestasi Oleh Pihak Yang Mengantisipasi Kegagalan Pelaksanaan Kewajiban, M. Hillman Mehaga S

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Termination of an agreement/contract in a situation where a party has known that he/she/it will not be able to perform its obligation(s) based on the agreement/contract to avoid the occurrence of the larger losses if the agreement/contract is still ongoing. Under Indonesian civil law, a defaulting party or a party who has anticipated that he/she/it will fail to meet obligation(s) does not have the right to file a claim to terminate an agreement/contract. This means that, this party can only be passive until the default actually happens and wait until the non-defaulting party to file the claim with the claim …

Good Faith In Contract Drafting Stage: A Study In Light Of French, Emirati, And Moroccan Laws, Dr. Ahmed Ed-Drari

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study deals with discussing the general duty of good faith as it establishes the criteria for practicing a reasonable manner of freedom within a framework that does not override the legality of what is imposed by the social system.

There is no doubt that the position of the French legislator who codified what was settled by the French judiciary under the civil law of 1804, so that it stipulated the validity of goodwill in all four stages of the contract, starting from its negotiation, conclusion, implementation, and after its end, as it is considered a restriction on behavior that …

If The Government Says So, It Must Be Right: An Analysis On The Impact Of Government Issued Force Majeure Certificates, Verónica Orantes

University of Miami Inter-American Law Review

In March 2020, the world came to a halt with the beginning of the Covid–19 pandemic. The pandemic’s worldwide im-pact resulted in endless business transactions becoming im-possible or impracticable to perform. The China Council for the Promotion of International Trade issued force majeure certificates for its national business parties to excuse their performance under cross–border transactions. This note explores how the excuses for the performance of a contract work under Common Law and Civil Law systems and how each system would react to the parties invoking force majeure under a force majeure certificate issued by a government agency.

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

UAEU Law Journal

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 …

Must The Idea Of A Vitiated Contract Be Retained In The Jordanian Civil Code And The Emirati Civil Transactions Act?

UAEU Law Journal

“Jordanian Civil Law” and the “law of Financial Dealings” of theUnited Arab Emirates, have chosen to follow the Hanifite Doctrine and to adopt the concept of the “Vitiated contract” - “Al-Aqd Al- Fasid”. This concept has been highly commended by some modern legal writers: they underlined the dynamism of the theory of the “Vitiated Contract” and its ability to avoid the demolition of the contract for some defects which are note worthy of destroying the whole convention.

Through our research, we can affirm that the adoption of this theory has disrupted the legal ordering of the contract especially that part …

Legal View Of The Domain Names’ Registration Contract, Fayez Mohammed Al Nusair, Bashar Talal Al Momani

UAEU Law Journal

The importance of the Domain Names has exceeded the importance of any other distinctive mark due to its cross borders nature. The Domain Names Registration Contract is an electronic contract. Therefore, it raises several legal questions such as the effectiveness and validity of the traditional provisions of the contract, especially when it is related to consumer protection. Another question that is raised is related to the international nature of this contract, which obliges us to deal with the private international law. There is a legislative absence in this concern, thus; it is a must to study the general rules of …

Exchange Of Credit Information Contract: Concept And Legal Nature: Comparative Study, Zaala Said Yahya

UAEU Law Journal

During the recent financial crisis, credit information companies arise as a critical mechanism to resolve issues especially as it deals with collecting and analyzing credit information about the consumers, who in turn, request the credit from the providers such as banks and financial institutions. These companies, whereupon its part, conclude an agreement for exchange credit information with credit providers themselves, as a prelude to granting the credit to consumer or not. Accordingly, the importance of exchange credit information contract reflects in terms of being characterized by several features that distinguish it from other kinds of contracts.

By comparing several laws …

Analysis Of New Approaches To Civil Legal Security For Loan Obligations, Nurillo Imomov

Review of law sciences

The article analyzes the need and specific features of “security transactions” as ways to ensure the fulfillment of obligations not specified in the Civil Code. It also explores new approaches to ensuring the fulfillment of obligations and proposes judgments in this area.

Revisiting The Enforceability Of Online Contracts: The Need For Unambiguous Assent To Inconspicuous Terms, Tom Mozingo

Seattle University Law Review

In determining the enforceability of online contracts, namely those formed from the use of smartphone applications, courts typically look to whether the contract terms were reasonably conspicuous or communicated to the consumer. With the rise of “browse-wrap” contracts, where terms are not directly communicated to the consumer or where the consumer is not required to click the equivalent of an “I agree” button clearly manifesting assent to the terms, courts have inconsistently applied the reasonable communicativeness standard to the detriment of consumers and application developers alike. This Comment will explore the development of browse-wrap contracting jurisprudence and the need to …

Contracting For Healthcare: Price Terms In Hospital Admission Agreements, George A. Nation Iii

Dickinson Law Review (2017-Present)

This article discusses the application of contract law principles to the relationship between hospitals and patients to determine how much patients owe for the health care they receive. For patients who are covered by in-network health insurance the exact nature of the contract created with the hospital usually is not relevant to the patient’s financial obligation because the patient’s contract with the hospital is superseded by the contract between the patient’s health insurer and the hospital. Nevertheless, even in-network patients are financially impacted, via increased insurance premiums, by the contract analysis discussed here, and for the increasing number of patients …

The Tasks Of The Civil Code: Regulation Of Social Relations Or Determination Of Rights, N.F. Imomov

Review of law sciences

This article enlightens the goals and objectives of the Civil Сode, the norms of legislation, the correlation of the requirements of the contract, the application of the provisions of the Civil сode in the regulation of public relations, as well as the determining the legal relation of the parties in the contract. Having attempted to express his point of view on the tasks of the Civil Сode, the author tried to disclose it not only as source of regulation of public relations, but also as a definition of civil rights and the legal status of entities. The author has studied …

Civil Practice And Procedure, Andrew P. Sherrod, Jaime B. Wisegarver

University of Richmond Law Review

This article surveys recent significant developments in Virginia civil practice and procedure. Part I of this article discusses opinions of the Supreme Court of Virginia from June 2013 through June 2014 addressing noteworthy civil procedure topics. Part II addresses amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period. PartIII discusses legislation enacted by the Virginia General Assembly during its 2014 session that relates to civil practice.

Due Process

Touro Law Review

No abstract provided.

Affirmative Action, Douglas Scherer, John Dunne

Touro Law Review

No abstract provided.

Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio

Touro Law Review

No abstract provided.