Civil Law Commons^™

Procedural Compulsory Measures In Civil Cases, Z. Esanova

Review of law sciences

this article studeis procedural coercion in civil proceedings: the basics, procedures, innovations and their types.

Deprivation Of Parental Rights: Cases And Consequences, M. Baratov

Review of law sciences

the article deals with the conditions of deprivation of parental rights and its legal consequences analyzed with the basis of national legislation.

Chances And Prospects Of Implementing Russian Leasing Practice In Uzbekistan, U. Maxmudhodjaeva

Review of law sciences

The article analyzes the views and conclusions of the scientists in the field of leasing and outlines the leasing activities in Uzbekistan. It also provides information on leasing experience and its role and vitality in the leasing market, comparative analysis of leasing activity of Uzbekistan, as wella as offers and recommendations for leasing market of Uzbekistan.

Consideration Of Civil Cases Of Child Adoption In The Legislation Of The Republic Of Uzbekistan: Theory And Practice, G.Sh. Atalykova

Review of law sciences

The article discusses the theoretical and practical problems of the courts applying the law on adoption cases, the participation of the prosecutor and the guardianship authority, the requirements and basis for the cancellation of adoption.

Some Legal Issues Of Using Artificial Intelligence In Jurisprudence, M.K. Mekhmonov

Review of law sciences

The article discusses the legal issues of using artificial intelligence in jurisprudence. The author analyzes the legislation and law enforcement practice of foreign countries such as the USA, Great Britain, Australia, Russia, Kazakhstan, as well as the resolution of the European Parliament and the WIPO materials on the use of artificial intelligence. The features of the legislation and practice of the Republic of Uzbekistan on the use of artificial intelligence are revealed. In conclusion, the author gives reasonable conclusions on the improvement of legislation in relation to artificial intelligence in jurisprudence.

Perspectives Of Improvement Of The Law Enforcement Practice Of Inheritance Formalization With A Foreign Element In Uzbekistan Based On International Experience, G.U. Akhmedova

Review of law sciences

The article reflects the actual issues of the modern notary, based on comparative legal analysis of inheritance with existing foreign element; the author examines points of the law application and some aspects of the notary system improvement. According to the analysis of notarial practice in Uzbekistan, the author proposes the recommendations to restructure and improve the notary services in the country.

The Essence Of Conciliation Procedures In The System Of Alternative Dispute Resolution In Civil Proceedings, P.T. Esenbekova

Review of law sciences

the article discusses debatable questions about the concept and essence of conciliation procedures in the system of alternative dispute resolution methods in civil proceedings, discusses the phenomenon of conciliation procedures from the point of view of related sciences, in particular conflict management and the theory of the negotiation process.

Civil Law Specifics Of Transactions In E-Commerce, A.A. Yakoenko

Review of law sciences

the essence and significance of transactions in electronic commerce are characterized, the features and the order of their conclusion are shown, problems and legal conflicts arising during electronic data exchange are revealed

A Survivor’S Tale: Mcdonnell Douglas In A Post-Nassar World, Joss Teal

San Diego Law Review

This Comment examines the circuit split that has developed over the application of but-for causation in Title VII retaliation claims. Following a brief look into the traditional requirements of a Title VII retaliation plaintiff, Part II assesses the 2013 Supreme Court holding that established but-for causation as the required causation standard and surveys courts of appeal holdings in its wake. After examining policy considerations and arguments put forward for each position in Part III, this Comment clarifies the misperception that the McDonnell Douglas framework necessarily proves but-for causation. In Part IV, this Comment proposes that the Supreme Court should rectify …

Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter

Dignity: A Journal of Analysis of Exploitation and Violence

Survivors of prostitution propose a policy reform platform including three main pillars of priority: criminal justice reforms, fair employment, and standards of care. The sexual exploitation of prostituted individuals has lasting effects which can carry over into many aspects of life. In order to remedy these effects and give survivors the opportunity to live a full and free life, we must use a survivor-centered approach to each of these pillars to create change. First, reform is necessary in the criminal justice system to recognize survivors as victims of crime and not perpetrators, while holding those who exploited them fully responsible. …

The Unconstitutionality Of The Protecting Access To Care Act Of 2017’S Cap On Noneconomic Damages In Medical Malpractice Cases, Kaeleigh P. Christie

Journal of Legislation

No abstract provided.

No.45 - December 2018, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files

St. Mary's Journal on Legal Malpractice & Ethics

Following the 2017 exposure of Harvey Weinstein, the #MeToo movement spread rapidly across social media platforms calling for increased awareness of the prevalence of sexual harassment and assault and demanding change. The widespread use of the hashtag brought attention to the issue and successfully facilitated a much-needed discussion in today’s society. However, this is not the first incident prompting a demand for change.

Efforts to bring awareness and exact change in regards to sexual harassment in the legal profession date back to the 1990s. This demonstrates that the legal profession is not immune from these issues. In fact, at least …

Germany - 2017: An Eventful Year In German Family Law, Saskia Lettmaier

Journal of Civil Law Studies

No abstract provided.

Dan E. Stigall, The Santillana Codes: The Civil Codes Of Tunisia, Morocco, And Mauritania, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

The Organization Of American States’ Model Law On Simplified Corporations, Francisco Reyes Villamizar

Journal of Civil Law Studies

Colombian Law 1258 of 2008 introduced the Simplified Corpo-ration (Sociedad por Acciones Simplificada or SAS). This type of business entity included modern corporate law features such as sim-plified incorporation proceedings, full-fledged limited liability for its shareholders, and broad freedom of contract for the definition of housekeeping and governance rules. It also reduced old-fashioned prohibitions pertaining to shareholders and managers activities and reduced transaction costs. The SAS’s “opt-in” approach also has allowed for private parties to draft the most suitable agreements. The enabling provisions of Law 1258 have been the starting point for the preparation of at least three Model Law …

Canada’S Legal Traditions: Sources Of Unification, Diversification, Or Inspiration?, Rosalie Jukier

Journal of Civil Law Studies

Quebec, the only province within Canada to follow the civil law tradition, is an ideal microcosm for the study of unity and diversity within legal orders. The question of whether Quebec’s civilian legal tradition should be interpreted and applied so as to be in unity with the common law or, rather, adhere to its own distinct legal culture has pervaded doctrine and jurisprudence for over a century. Inter-estingly, the pendulum has swung widely. Quebec has seen moments when the philosophy of the Supreme Court of Canada was one of unification and harmonization of Quebec law with the common law tradition, …

Early 20th Century Perceptions Of Civil Law-Common Law Difference: F.L. Joannini’S Spanish-English Civil Code Translations In Context, Seth S. Brostoff

Journal of Civil Law Studies

The proper method for translating Spanish and Portuguese civil law concepts into English was a topic of debate among civil law scholars and comparatists at the turn of the last century. This article examines the translation approaches of three Americans (Clifford Walton, F.L. Joannini, and Joseph Wheless) who independently translated the Spanish, Colombian, Argentine, and Brazilian Civil Codes during the period 1899-1920. Specifically, Walton’s (1899) Spanish Civil Code translation’s use of common law English is con-trasted with Joannini’s Colombian (1905) and Argentine (1917) Civil Codes translations’ preference for a “civilian” legal lexicon, including substantial borrowing from the special civil law …

The Impact Of Harmonized European Private Law And The Acquis Communautaire On Spanish Law, Luz M. Martínez Velencoso

Journal of Civil Law Studies

Globalisation has seen the development of a body of autono-mous legal rules of international trade that bridge the gap between the two main legal families (common law and civil law). These new rules focus on the function rather than on the dogmatic origin or legal tradition behind a particular norm or principle. In Europe, there are various texts that harmonize private law and which con-form to this model, such as the PECL, the DCFR or the CESL. Within the European Union, this process of informal and decentral-ized rulemaking has not yet resulted in the enactment of a European Civil Code …