Civil Law Commons^™

There Is No Justice When Low And Modest-Income D.C. Residents Are Forced To Represent Themselves In Civil Cases, Sheldon Krantz

University of the District of Columbia Law Review

After spending more than twenty years as a white-collar criminal defense lawyer at DLA Piper and prior to that serving as a federal prosecutor, law professor, and law school dean, I had the opportunity to help develop and then share responsibility for directing the non-profit D.C. Affordable Law Firm (“DCALF”). 135 I learned from this experience that lawyers are rarely available for most of the low- and modest income District of Columbia (“D.C.”) residents who find themselves embroiled in civil matters in D.C. Superior Court on matters greatly impacting their lives. They become, as a result, self-represented litigants (“SRLs”) who …

The Concept Of “Return” In Contracts

UAEU Law Journal

In the common law ofEnglandandUnited States, agreement is enforceable if it is shown that it is made for valuable “return”: that is a profit provided by a party seeking enforcement of the agreement. Thus, the presence of a profit is a precondition for the validity of all contracts unless they are under seal. Profits can be looked at as a price paid by the other party. It takes the form of some rights, profits or benefits accruing to the one party or some detriment or loss suffered by the other.

In Civil law system, a lawful cause is a precondition …

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Program: Senior Projects (Public)

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …

Loopholes In Information Technology Contracts, Tark Kazim Ageel

UAEU Law Journal

This research deals with the loopholes that may be found in Information Technology (IT) contracts and attempts to answer the following research question: are the generalrules governing traditionalIT contracts sufficient to dealwith them, or is there a need for another set of rules which are more compatible with such contracts and are better able to dealwith the loopholes that may arise (both moraland logical) in said contracts?

Compensation For Moral Damage - A Comparative Study, Mohannad Azmi Abou-Moghli

UAEU Law Journal

The amount of material damage or loss incurred can be evaluated. No disputes are expected to arise in such cases. However, moral damage such as pain, sadness, infamy, and dishonor do not constitute material loss; therefore, no compensation may clearly be calculated; in other words, there is difficulty in evaluating moral damage and its indemnity. This paper undertakes such a task in order to regulate compensation of moral damage

The Purchaser's Securities In An Electronic Sale Contract - Part I, Osama Ahmed Bader

UAEU Law Journal

This article analyses the legal provisions that aim to posit the legal regulations necessary for the protection of the purchaser (consumer) via analyzing the French legal provisions and stipulations that address the purchaser as a consumer and via the judicial applications in this regard.

The Purchaser's Securities In An Electronic Sale Contract -Part 2, Osama Ahmed Bader

UAEU Law Journal

This part of the research study deals with the legal controls required for the fulfillment of the vendor's obligations; these include securing delivery, soundness of goods, and guarantees in case of defects.

The Consumer's Right Of Withdrawal In Doorstep Selling And Distance Contracts, Aymen Masadeh, Alaa Khasawneh

UAEU Law Journal

This study deals with the right of withdrawal, which is one of the legal means to protect consumers in contracts. Due to the rapid developments of marketing techniques used by traders to promote the sales of their products, it has become important for legislators to intervene to protect consumers. Due to such marketing techniques, consumers may not have time to make sure they need the offered products in doorstep selling contracts. The same situation may apply in distance selling contracts where consumers usually do not have the chance to actually see the offered products and may find out late they …

Rules Of Sale With Right Of Redemption In Lebanese Contract Law And The Possibility Of Its Application In Jordanian Civil Law•, Yousef Mohammad Obiedat

UAEU Law Journal

This study aims at examining the contract of Sale with Right of Redemption in Lebanese Contract Law, and the possibility of its application in Jordanian Civil Law. The Sale with Right of Redemption is defined as a sale with a condition that when the seller refunds the price of the purchase during a fixed time, the purchaser should return to him/her that which was sold. This study started exploring such kind of sale under the Lebanese Contract Law, and then examined whether there are legal or economic justifications to adopt it in Jordanian law. To that intent, the study was …

A Comparative Legal Study Within A Civil Law Framework, Saleh Ahmed Al-Luhaibi

UAEU Law Journal

The Exit Contract is considered as one of the fields that did not receive sufficient legal research within the scope of civil law. Most legal studies have focused on civil status. Therefore, the researcher chose this aspect and treated it in terms of civil law as it is a well-known fact that the Exit Contract is the first contract carrier of property. That is why it must be studied in this regard with a focus on the contract in terms of its foundations and the conditions of its most important provisions that differentiate it from the rest of the contract …

Writing In The Electronic Era Within The Frame Of Jordanian Law, Nael Ali Masadeh Dr.

UAEU Law Journal

Writing is one of man’s ways of expression. Writing embraces ideas and thoughts able to be realized. Thus writing is used in contracts to express will of parties. In addition, writing is one of most important means of evidence. Besides, writing is required for some contracts to be contracted. Electronic writing is the one done on a computer. Both electronic and normal writing are similar to express thoughts and ideas and will. The law is equal regarding both normal and electronic writing. However, the condition of writing is achieved if it is performed electronically when it was required for contracting …

Attribution Rules Of The Electronic Message To The Creator In The Uae E-Commerce And Transactions Law, Ali Hadi Elobaidi

UAEU Law Journal

Rules of attribution of the electronic message to the creator are some of the aspects of legal development processions of technological development in the field of electronic commerce and transactions. A person may that he did not send an electronic message or did not mean to send it, or that he may have sent it but with a different content than the one that was in the message that reached the consignee. Because of these allegations, rules started to show us where the email of the creator originated from, whether it is real or default, and the legal consequences of …

Pornography, Its Harms, And A New Legal Strategy: Research And Experience In Japan, Seiya Morita, Caroline Norma

Dignity: A Journal of Analysis of Exploitation and Violence

In this article we describe pornography’s harms in Japan, which are known about from surveys and research, and from the outreach and consulting activities of Japanese feminist-abolitionist groups. Among these are the Anti-Pornography and Prostitution Research Group (APP) and People Against Pornography and Sexual Violence (PAPS). We then propose a renewed classification scheme for pornography’s harms that centrally considers the experiences of victims in Japan. Lastly, we consider various legal approaches to addressing the myriad harms we describe and suggest possibilities for a new legal strategy. The article’s research comes from Japanese-language materials produced by the above-mentioned activist groups, as …

Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

The Domains Of Loyalty: Relationships Between Fiduciary Obligation And Intrinsic Motivation, Deborah A. Demott

William & Mary Law Review

Recent scholarly inquiry into fiduciary law predominantly focuses on whether the subject is a coherent field and not a piecemeal assortment of doctrinal detail. This Article looks to the future and to relationships between the formal domain of fiduciary law and other factors that shape conduct. These include intrinsic motivation, markets for professional services, and forces like the operation of reputation. The Article demonstrates that looking across domains, from the legal to the extralegal, casts in sharp relief the reasons why fiduciary law is distinctive. These stem from the specific qualities of relationships to which fiduciary law applies, as well …

Fiduciary Law And The Law Of Public Office, Ethan J. Leib, Andrew Kent

William & Mary Law Review

A law of public office crystallized in Anglo-American law in the seventeenth and eighteenth centuries. This body of law—defined and enforced through a mix of oaths, statutes, criminal and civil case law, impeachments, and legislative investigations—imposed core duties on holders of public executive offices: officials needed to serve the public good, not their own private interests; were barred from acting ultra vires; could often be required to account to the public for their conduct in office; and needed to act with impartiality, honesty, and diligence. Officeholding came to be viewed as conditional, with officers removable for misdeeds. These substantive duties …

The Morality Of Fiduciary Law, Paul B. Miller

William & Mary Law Review

Recent work of fiduciary theory has provided conceptual synthesis requisite to understanding core fiduciary principles and the structure of fiduciary liability. However, normative questions have received only sporadic attention. What values animate fiduciary law? How does, or should, fiduciary law prove responsive to them?

While in other areas of private law theory—notably, tort theory— pioneering scholars went directly at normative questions like these, fiduciary theory has been exceptional in the reticence shown toward them. The reticence is sensible. Fiduciary principles are the product of equity’s most extended and convoluted program of supplementing surrounding law. They span several distinct forms of …

Pernicious Loyalty, Andrew S. Gold

William & Mary Law Review

Fiduciary loyalty is generally considered valuable, and in the usual case it is. Yet some of the very features of loyalty that make it valuable also encourage behaviors harmful to beneficiaries, third parties, or society as a whole. Examples include the corporate director whose concern with shareholder wealth maximization leads to considerable environmental harm and the skillful attorney whose zealous representation undermines justice between the parties. In short, actions that are motivated by good-faith fiduciary loyalty may be undesirable in individual cases. I will describe such cases as cases of pernicious loyalty. Outside the law, pernicious loyalty is often limited …

Fiduciary Judgment Rules, Julian Velasco

William & Mary Law Review

Because of the strong moral rhetoric and robust equitable remedies available in fiduciary law, it is not surprising to find lawyers and legal scholars seeking to expand the reach of fiduciary law principles into new relationships and new areas of law. However, expansion often does not work very well because of the demanding and pervasive nature of fiduciary duties. Thus, jurists often turn to the business judgment rule and its policy of underenforcement of fiduciary duties as a way to fit fiduciary law principles into other areas of law. The problem with this approach is that it is based on …

The Next Four Years, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

The articles in this issue lay out an ambitious agenda. We hope they serve as inspiration for the restoration of faith in democracy and for hope that our country can work to come back together in the next four years and beyond. There is much work to be done.

The Civil Liability Claim Arising Out Of The Infringement Of The Privacy Right A Study In Jordanian Private International Law, Nour Hamed Al-Hajaya

UAEU Law Journal

Protection of privacy right is vital. Therefore, the injured person is entitled to claim damages for any infringement of his privacy right. However, claiming damages face some difficulties pertaining to the determination of the competent court and the applicable law in case where the infringement involves a foreign element. This Article is devoted to tackle these two issues in two chapters and a conclusion. Chapter one will tackle the issue of competent court through the application of the criteria stated in Articles 27 and 28 of the Jordanian Law of Civil Proceedings on the International Jurisdiction of Jordanian Courts to …

Exchange Contract; A Comparative Study, Duha Mohamed Al Nuaaman

UAEU Law Journal

Exchange in Islamic law addresses exchange of gold and silver and has been addressed by Muslim jurists under the topic of cash sale or exchange. These jurists distinguish this particular exchange from absolute selling mainly regarding the nature of the conditions of sale. They warn against the presence of usury and according to the rules of the Quran and Sunnah. However, it has been found that most of the civil Arab laws did not provide texts for contract exchange which distinguish absolute selling of which provisions of the latter apply to the exchange today in these countries. We chose to …

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 …

Contractual Custom, Alaa Hussein Ali, Riad Ahmed Abdulghafoor

UAEU Law Journal

The idea behind this research revolves around the effect of custom in contracts which was coined as "the contractual custom". This custom refers to traditions that people consider common practice in the conclusion of contracts, until it became in their view an obligation that they can't breach. Therefore, this study attempts to establish a theory of the contractual custom to define it and its effects on the actual contract.

In order to develop a complete theory of the contractual custom, the research draws a general framework of a contract, starting with its definition and distinguishing it from the usual agreement …

Determining The Abusive Clause In Insurance Contracts Under The Kuwaiti Law: A Comparative Study, Hussein Muheisen Al-Rashidi

UAEU Law Journal

The Law aims at organizing the community through clarifying rights and obligations of legal positions. Therefore, legislator has interfered – in several issues – to protect the weaker party in the contractual relation. An example of such protection is legislative intervention against abusive conditions by making it subject to amendment or nullification. As a result of the independence of one party in writing down the contract conditions, the legislator has stipulated, frankly, that every abusive condition can be nullified unless it has not infringed the insured risk.

However, legislative ideologies have diverged in determining abusive conditions/clauses. Some legal systems have …

The Extended Damage Between The Provisions Of The Law And The Decisions Of The Uae Judiciary, Yousef Mohammad Obaidat

UAEU Law Journal

This study examines the role of courts to fill the legislative vacuum as to the extended damage inflicted on third party. The current law of UAE Civil Transactions does not provide for the right of innocent party to claim financial damage, nor for moral damage in the event of suffering from non-fatal injury. Does that mean no right of claiming compensation by the innocent party? A question, which has been answered in this study. The study ended with the following results:

1- Under article 293 of UAE Civil Transactions Law, an action for extended moral damage is given for spouses …

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 …

Legal Qualification Of Non-Isolated Agency, Badr Hamid Al-Malla

UAEU Law Journal

In recent years, there was an increase in the process of selling real estates under irrevocable agency agreement in the state of Kuwait. This takes place due to easy dealing related to this issue and this made it common among transacting parties since it summarizes time taken by procedures of making sale agreements with dept of real estate registration, in addition to that this type of agreements ensures easiness sought by the buyer where the buyers existence is not required any more, the buyer under irrevocable agency can make all authenticated sale procedures alone on the basis of this agency …

Legal Reflections On The Ratification By The Uae Of The Convention On International Sale Of Goods (Cisg) 1980: “A Study On The Interrelationship Between The Uae Civil Transactions Act And The Cisg”, Nisreen Mahasneh

UAEU Law Journal

The United Arab of Emirates is not yet a member state of the Convention on International Sale of Goods (CISG). It is widely submitted that no competition exists between the Convention and the local Law, since the sphere of application for each is different. Moreover, a national Judge is not immune from applying the Convention, even with the fact that his or her country is not a contracting state. Similarly, the Convection may apply to citizens of a non-contracting state, the place of business, rather than nationality, is what matters here. UAE Civil Transactions Act does not recognize some legal …

A New Stage In The Development Of The Civil Code Of The Republic Of Uzbekistan In The Context Of Digital Reality, Sh. N. Ruzinazarov, L. I. Achilova

International Relations: Politics, Economics, Law

The article deals with the issues of legal regulation and improvement of legislation as an extremely important element of the formation of a digital state based on law in the Republic of Uzbekistan based on the norms of international and national legislation. The issues of existing changes in the conditions of globalization, when modern civil thought is not represented without digital civil circulation, are considered. Theoretical suggestions are made on priority areas for further improvement of civil legislation based on international and national legislation.