Civil Law Commons^™

Beyond Triple Identity: The Judicial Transformation Of The Doctrine Of Res Judicata In Egyptian Law, Fatma El Zahraa Ibrahim Khalil

Archived Theses and Dissertations

This thesis explores the judicial transformation of the doctrine of res judicata under Egyptian law through an analysis of sixty-four decisions of Court of Cassation decisions in the period between 1935 and 2007 in civil and commercial matters. The thesis demonstrates that the Egyptian judiciary has almost abandoned the statutory triple identity test that requires identity of parties, object and cause. The judiciary developed a test of issue-identity to determine the extent to which issues decided in a previous decision bind its parties in subsequent proceedings. The judiciary uses inconsistent wording in applying this test. There is little clear scholarly …

Las Controvertidas Transacciones Extrajudiciales De La Minera Yanacocha (Primer Pleno Casatorio De La Corte Suprema - Caso Choropampa), Mitchel Torres

Mitchel Torres

Jurisdictions And Causes Of Action: Commercial Considerations In Dealing With Bullying, Stress And Harassment Cases-Part Ii, Niall Neligan

Articles

In the concluding part of this two part article, the author will
examine how the courts have developed rules for dealing with
tortious claims for psychiatric injuries arising out of bullying, stress
and harassment cases. The article will examine whether it is
desirable to consolidate and codify employment rights law in order
to provide clarity to prospective litigants. Finally, the author will
argue that if codification is required, then this will necessitate a
change in the nature of present jurisdictions for bringing claims
involving bullying, stress and harassment in the workplace.

The “Institutional Turn” In Jurisprudence: Critique And Reconstruction., Andres Palacios Lleras

Andrés Palacios Lleras

This paper engages in a inquiry into the roles that courts play within the legal system, given that judges are interdependent interpreters of legal rules that are boundedly rational and, arguably, politically biased. Contemporary authors claim that, although these two conditions play an important role in interpretation, contemporary theories in jurisprudence have not addressed them properly. Their assessments raise legal issues that are very significant; given the fact that judges are boundedly rational and tend to display political biases, how should they interpret legal rules? Is it best for them to interpret these rules in a formalist fashion, without resorting …

The Indeterminate Side Of Constitutions As Precommitment Strategies, Andres Palacios Lleras

Andrés Palacios Lleras

This paper engages in a time-honored inquiry in American jurisprudence, an inquiry which continues to be invigorated by contemporary studies in Constitutional Law. It is an inquiry into the determinacy of the American Constitution as a legal text, taking into account that it was drafted and approved more than two hundred years ago with the purpose, arguably, to organize present and future political decision-making. Some contemporary authors claim that the discussion about the role of the Constitution is muddled, and that to acknowledge its authority does not necessarily entail a theory of constitutional interpretation. Furthermore, other authors have claimed that …

“A Responsabilidade Dos Administradores E Os Deveres De Cuidado Enquanto Estratégias De Corporate Governance” [The Liability Of Board Members And Duties Of Care As Corporate Governance Strategies], Bruno Ferreira

Bruno Ferreira

No abstract provided.

“Os Deveres De Cuidado De Administradores E Gerentes” [The Duties Of Care Of Board Members And Managers], Bruno Ferreira

Bruno Ferreira

No abstract provided.

The Law Of Remedies In A Mixed Jurisdiction: The Israeli Experience, Dr. Yehuda Adar, Prof. Gabriela Shalev

Yehuda Adar Dr.

Remedies for Breach of an Obligation - this is the title of the section on remedies in the Israeli Draft Civil Code. Its objective is to create a unified and comprehensive statutory scheme for awarding remedies in all branches of private law (civil and commercial).

This development is no doubt of significant interest to the Israeli lawyer. However, for a number of reasons, acquaintance with this law reform should be of value to legal comparatists in many other jurisdictions. First, from a comparative perspective the present state of the law of remedies in Israel, as well as the forthcoming reform …

Punitive Damages Following A Criminal Sentence, Dr. Yehuda Adar, Prof. Ronen Perry

Yehuda Adar Dr.

No abstract provided.

The Foreign Corrupt Practices Act, Opic, And The Retreat From Transparency, Blake Puckett

Indiana Journal of Global Legal Studies

This article argues that the current intersection of the Foreign Corrupt Practices Act (FCPA) and the Overseas Private Investment Corporation (OPIC) is turning U.S. investment and aid policy in a direction that neither addresses corruption concerns, nor augments other U.S. foreign policy goals in the Caucasus and Central Asia, and perhaps more globally. The current regulatory system has caused OPIC to structure its investment projects in alternative forms that bypass anti-corruption regulations.W hile these alternatives serve to increase capital in developing economies, the distance they create between OPIC and the end-user fosters a lack of transparency and ultimately corruption. However, …

Privatization And Public Law Values: A View From France, Manuel Tirard

Indiana Journal of Global Legal Studies

This article uses a comparative approach to explore privatization and its consequences on public law values. It discusses the French model for protecting these values, which limits the scope of privatization and applies a legal regime within which public law norms play an active role. While it does not suggest that this model can or should be applied in the United States, it does express that the French experience can enrich American debates on the subject.

Democracy and the Transnational Private Sector, Symposium. Indiana University School of Law – Bloomington, April 12-13, 2007.

Richard B. Lillich Memorial Lecture: New Directions In The Struggle Against Human Trafficking, Mark Sidel

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Attorney-Client Privilege In The European Union And Italy: Time For A Change, Antonio Lordi

antonio lordi

No abstract provided.

Una Contribución A La Defensa De La Causa Del Contrato Como El Signo Distintivo Del Civil Law, Rómulo Morales

Rómulo Martín Morales Hervias

El concepto de causa del contrato es un signo distintivo del Civil Law francés e italiano que nos diferencia de los alemanes y de los anglosajones. Su utilidad dependerá de que en el futuro se use este concepto y a la larga sea nuestra carta cultural de presentación frente a otras experiencias jurídicas.