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THE EUROPEAN COURT ON HUMAN RIGHTS: THE PROBLEM OF UNENFORCEABLE JUDGMENTS
Published 2018-12-01“…On the other hand, a State may not invoke its internal (national) law as justification for its failure to perform a treaty (Article 27 of the Vienna Convention on the Law of Treaties, 1969).MATERIALS AND METHODS. …”
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Does the government's defence funding bill really only create an unenforceable political commitment?
Published 2023-06-01“…The article is devoted to the draft law on defence financing, which aims to oblige the government to allocate an amount of at least 2% of GDP to defence in every draft law on the state budget. …”
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Relaţia dintre dreptul administrativ intern şi dreptul Uniunii Europene în materia excepţiei de nelegalitate
Published 2016-12-01Subjects: “…individual administrative acts, regulatory administrative acts, plea of illegality, plea of unenforceability, european union law.…”
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The Enforcement of Anti-Suit Injunctions: A Comparative Study in the EU, French, and Iranian Law
Published 2022-12-01“…In French law, anti-suit injunctions are traditionally unenforceable. …”
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The Application of Good Faith in Contracts During a Force Majeure Event and Beyond with Special Reference to The Covid-19 Act 2020
Published 2023“…This paper will discuss the COVID-19 pandemic as a force majeure event, arguing that the rise of "good faith" in contract law and the application of "good faith" in contracts as a mitigation for a force majeure event. …”
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A Judicial Precedent-Based Approach to Scope of Judicial Review of Internal Arbitration Award in Terms of Constitutive Laws
Published 2021-09-01“…Article 489 of the Iranian Civil Procedure (ICP) provides that an arbitration award in conflict with constitutive laws will be null and void and unenforceable; however, neither the ICP nor any other act established the concept and the instances of such laws and the scope of judicial review or supervision over their enforcement. …”
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ACQUISITION OF REAL ESTATE FROM NON-OWNERS ACCORDING TO THE LAND REGISTRY AND PROPERTY RIGHTS LAW IN BOSNIA AND HERZEGOVINA - transformation of the legal rule on gross negligence i...
Published 2023-04-01“…In the process of drafting and passing the new Law on the Property Rights, our legislator realized unenforceability of the legal rule on gross negligence in the Law on the Land Registries, and transformed it into a legal rule on doubt as significantly more responsible relation of the later acquirer, according to off-the-record facts related to a certain real estate. …”
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On (un)enforceability of restrictive clauses in patent licence agreement
Published 2017-01-01“…Due to violation of free competition in the market certain restrictive clauses in Patent License Agreements are considered to be unenforceable from the standpoint of Competition law and, for the need of Legal certainty, they have to be suppressed at both national and international level.…”
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The Role of Public Policy in King v De Jager (CCT 315/18) [2021] ZACC 4 (19 February 2021)
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The Different Meanings of International Commercial Conciliation
Published 2011-01-01“…The meanings of legal textual objects, such as laws, legal principles, concepts, and judgments, change over time. …”
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The Different Meanings of International Commercial Conciliation
Published 2011-01-01“…The meanings of legal textual objects, such as laws, legal principles, concepts, and judgments, change over time. …”
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The sales of cigarettes to minors in Brazil, Uruguay, and Argentina
Published 2023-06-01“…Ninety-three percent of Brazilian adults thought their tobacco age law should be enforced. Conclusion: The laws against selling cigarettes to minors in Brazil and Uruguay are totally disrespected and unenforced. …”
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Competence or Experience
Published 2024-03-01“…(Charlottesville: Virginia Law Review, September 2016), p. 1-15. [10] Foley, Kathleen. …”
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Manifestation of Consent in Click-wrap Agreements
Published 2017-02-01“…However, by examining the judicial and legislative precedent of e-commerce in leading nations and by recognizing introduced measures in Iranian e-commerce law in the light of traditional rules of contract law, it is possible to find criteria which can be used as a means of inferring party assent and validity of these contracts. …”
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Land lease contract and prior right of lessee to concluding the new land lease contract - case of Slovakia
Published 2016-12-01“…When regulating the agricultural land lease relationships, the Slovak law maker prefers dispositive legal norms. However, this method is rarely used in the application practice. …”
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The future of shows with live animals in Colombia
Published 2017-06-01“…The Colombian Constitutional Court declared UNENFORCEABLE article 5 (partial) of Law 1774 of 2016 which, referring to Article 7 of the Animal Protection Statute, exempted from criminal sanctions for animal mistreatment the behavior descriptions in the latter (rejoneo, coleo, bullfights, novilladas, corralejas, heifers, tientas, cockfights and related procedures). …”
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Russia`s Participation in the European Convention for the Protection of Human Rights and Fundamental Freedoms
Published 2021-03-01“…The authors believe that the unenforceability of ECHR judgements is only part of the problem of enforcing binding decisions of international organizations. …”
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Scafom International BV v. Lorraine Tubes S.A.S.: a case review of changing circumstances under the United Nations Convention on International Sale of Goods (CISG) of 1980
Published 2014-12-01“…The court, by virtue of the United Nations sales law, held that renegotiation was the appropriate remedy in such a situation. …”
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