Civil Law Commons^™

Pemanfaatan Dan Perlindungan Hukum Terhadap Sumber Daya Air Dalam Perspektif Investasi Dan Kesejahteraan, Arindita Pratiwi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

As a natural resource that can be renewed and is an unlimited energy, water has an important role in meeting the daily needs of humans and other living things, without water there would be no life. The presence of the state in managing water resources for the greatest welfare of the people is a manifestation of the state's control over water resources as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia and is the state's obligation to fulfill the people's rights to water. In fulfilling the need for clean water for all its …

No.52 - December 2022, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

A Jurisprudential Quilt Of Tribal Civil Jurisdiction: An Analysis Of Tribal Court Approaches To Determining Civil Adjudicatory Jurisdiction, Jacob Maiman-Stadtmauer

American Indian Law Journal

There are hundreds of Native American Tribes with their own judicial systems and courts. Under the test first established in Montana v. United States, the Supreme Court of the United States has provided a single, nebulous standard for determining the limits of tribal courts’ jurisdiction over non-Indians. Scholars and federal jurists have long assumed that the Supreme Court's framework limiting tribal civil jurisdiction is essential to how tribal courts determine jurisdiction. This paper challenges that assumption. Through a first of its kind survey of tribal court decisions on civil jurisdiction, spanning 26 tribes and covering 71 decisions, this paper …

Civil Liability For Damage Resulting From Genetically Modified Organisms (Gmos): A Comparative Study, Dr. Abdul-Rahman Mohamed Salem

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The most serious damage to human and other living organisms at present is the damage of genetically modified organisms, where they can eventually be used as weapons of mass destruction in the form of a bacteriological war that destroys human civilization, we will present the problem in terms of: Identification of genetically modified organisms by determining their scope, and to identify the aspects of the damage resulting from them, and how to compensate each type of species, whether it is related to plant, animal, human or the environment. We then present the legal basis for civil liability resulting from damage …

Abuse In Directing The Decisive Oath In The Palestinian Evidence Law: A Comparative Study In The Light Of Judicial Rulings, Mahmoud A. Salameh Dr., Ibrahim Yahya

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study deals with the main axes of arbitrariness in the decisive oath. The first section sought to define the scope that governs the arbitrariness of directing the oath by discussing the views that called for the failure of the oath conditions as arbitrariness, and to conclude that the general theory of arbitrariness is the most appropriate scope that expands To include many cases of arbitrariness by explaining the theory of arbitrariness according to the Majalla, because it expresses the concept of arbitrariness in the oath more accurately. Additionally, it was concluded that the judiciary supervision of arbitrariness in directing …

The Principle Of Resulting Trust Under The English And Sudanese Legislations: A Comparative Study, Hafiz Jaafar Ibrahim Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study sheds light on the subject of the resulting trust and its role in restoring the title of real property by reviewing the legal principles and jurisprudence of Anglo-Saxon system, for which English law is basis. The problem of this study focused on the nominal registration of a property in the name of a person, the legal system recognizes the ownership of the person whose name appears as registered owner of the real estate. Not surprisingly, the real estate registry record is considered an inclusive evidence for what it includes, and it is not permissible for all challenge it …

The Claim Against Principal Debtor Before Payment Of The Debt Guaranteed Under The Jordanian Civil Law: Justice To Be Reviewed, Yousef Mohammad Obaidat

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study dealt with the claim against principal debtor before payment of the debt guaranteed, due to the importance of this claim and its impact on developing and improving the credit process. The personal Surety Contract is the way by which the creditor resorts to minimize its risk, i.e. to secure the repayment of a loan if the debtor defaults. For the Guarantor to sign surety contract, it was necessary to provide him a mean to guarantee his right. For this reason, the claim against principal debtor before payment of the debt guaranteed was the effective method to do so. …

Tort Liability Resulting From The Infringement Of The Rights Of Others Using The Internet: A Comparative Study Between Emirati Law And French Law, Sinan Al Shattnawi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Tort Liability resulting from the infringement of the rights of others by using the Internet under UAE and French law (Comparative study)

We note that the principles of law, including the rules of civil transaction law and many other laws on information technology, play a central role in the establishment of a legal framework of civil liability and the protection of Internet users, whether as suppliers or Internet users, with regard to information and the use of public and private sites and the violation of intellectual property rights on the Internet. As we know that the legislation has put a …

English Court Of Appeal Looks To Canada In Opening Gates To Competition Law Class Actions, Suzanne E. Chiodo

Articles & Book Chapters

No abstract provided.

Becoming Competitive On The Worldwide Stage: U.K. Supreme Court Gives Green Light To Class Actions, Suzanne E. Chiodo

Articles & Book Chapters

No abstract provided.

The Roles Of The Creditor And Debtor In The Settlement Process Of The Debtor's Financial Obligations Under The Debtor's Insolvency Law No. 19 Of 2019, Pierre Mallet Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The UAE Cabinet approved a federal law to regulate cases of insolvency of natural persons or individuals. In 2016, the UAE government had adopted a similar insolvency law for companies which was widely welcomed by businesses and financial institutions. The legal framework for insolvency for both companies and individuals are expected to improve the competitiveness and the ease of doing business of the UAE. Debt restructuring for individuals under legal protection is widely seen as a great step forward in helping those who are unable to pay their debts from going bankrupt. “The approval of a new federal law to …

The Legal System Of Apostleship: A Comparative Study In Regulating The Relationship Between Sender Of The Expression Of The Will And The Courier, Adel Mohammed Ali Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The apostleship is a legal action between the sender of the expression of will and the courier, and includes a delegation from the sender to the courier. And it is a contract by which the sender puts the courier in himself place in order to communicate his will to the addressee.

In general, the problem of the study represents in the almost complete disregard of civil laws in general to regulate the subject of the apostleship, since the latter is a legal framework for the relationship between the sender of an expression of will and a courier to communicate that …

The Novel Coronavirus Pandemic Between The Theories Of Emergency Conditions And Force Majeure And Its Impact On Contractual Obligations A Comparative Study In Islamic Jurisprudence, Prof. Hosni Mahmoud Abdel Samad

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study revolves around an old and renewed topic, which is: the new Corona epidemic between the two theories of emergency conditions and force majeure and its impact on contractual obligations, a study in comparison to Islamic jurisprudence. The study addressed this topic, through an introduction, three sections, and a conclusion. The introduction contained the introductory topic, the problematic of the topic, its importance, the reasons for writing it, the methodology used in writing it, and its pl

The first topic dealt with defining the vocabulary of the title (Corona epidemic, the theories of emergency conditions, force majeure - impact …

In-Kind Execution Of Contractual Obligations: Rule And Exceptions Under The Unidroit Principles And The French Civil Code, Yousef Mohammed Shandi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This research deals with the principle of in kind execution of contractual obligations and the exceptions thereto under the 2016 UNIDROIT Principles and the provisions of the French Civil Code created by decree of 10 February 2016, which amends the Law on Contracts and General Provisions and Proof of Obligations. Both the UNIDROIT Principles and the French civil law establish the principle of in kind execution; it applies to all types of contractual obligations. Nevertheless, the UNIDROIT Principles state five exceptions to this principle, namely: when performance is impossible in law or in fact; when performance is unreasonably burdensome or …

Judicial Applications Of The Rule “Lesson In Contracts Is For The Purposes And Meanings Not For The Words And Premises" In The Egyptian Civil Law And The Perspective Of The Uae Civil Transactions Law, Tahani Abotaleb Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

In this research, I tried to verify how the Egyptian Civil Law deals with the rule “Lesson in Contracts is for the Purposes and Meanings not for the Words and Says" which explains the contradiction between wordings of the contract and the real intent of the contracting parties, because it affects the parties’ obligations. For that purpose, understanding the rule from its origin (The science of the general rules of the jurisprudence) understanding its applications and verifying how other legislations deals with it is a must.

Although the Egyptian civil law has not mentioned this case, I tried to find …

Civil Liability For Unconventional Damages In Maritime Accidents: A Comparative Study Between The Egyptian And Emirati Legislations, Dr. Abdul-Rahman Mohamed Salem

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

occupy an important rank among other types of accidents due to the evolution of the role of the machine, including ships, as well as the scientific development of the marine field and the surrounding environment, and we will focus our research on non-traditional marine accidents. Trying to establish an appropriate definition thereof, defining their scope, limiting their species and types of the damages resulting from them, whether related to the marine environment or other environments or human in any of them.

Then we try to find a suitable legal basis for civil liability resulting from the damage of non-traditional marine …

The Specificity Of Resorting To Arbitration In Financial Leasing Contracts In Palestine: A Comparative Study, Banan Tantour Mss., Dr. Amir Khalil

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study addresses the commercial arbitration in the financial leasing contracts in Palestine, and the study discusses the possibility of arbitration clause in financial leasing contracts and the importance of these clauses in such contracts in Palestine.

The study concluded that the arbitration clause is permissible in the financial leasing contracts however; there are some aspects in which arbitration are not permitted according to the Palestinian Law. The study also recommends that, the Palestinian legislator has to amend some articles in the financial leasing Act in particular article 6 of the Act and he could adopt the institutional arbitration as …

Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Eby V. Johnston Law Office, P.C., 138 Nev. Adv. Op. 56 (Sep. 08, 2022), Davit Sargsian

Nevada Supreme Court Summaries

The Nevada Supreme Court affirmed the district court’s decision to strike the second amended complaint and reversed the decision to dismiss the remaining malpractice claim with prejudice. According to Nevada’s Uniform Power of Attorney Act, the Court held a non-lawyer agent working under a power of attorney regarding claims and litigation could not litigate an action pro se in place of the principal or engage in the practice of law on the principal’s behalf. The trial court correctly held that the appellant’s non-lawyer agent under a power of attorney was engaged in the unauthorized practice of law. The decision to …

Efektivitas Alat Bukti Dalam Pembuktian Suatu Perjanjian Lisan, Aaron Pietter

Lex Patrimonium

Verbal agreement is something that cannot be separated in our daily life. It is confirmed that in every moment we always make a verbal agreement consciously or unconsciously. Within the scope of the court, verbal agreement is also used by the parties to prove their arguments so they can earn their rights and fullfill the other party obligations. Compared to the other type of evidence, verbal agreement have its own power and effectiveness level when being used as a legitive evidence before the court. To observe about the application and effectiveness of a verbal agreement as a legitive evidence before …