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742
LEGISLATION AS SOCIAL INTERVENTION
Published 2022-12-01“…In a civilization of private law, social relations unfold spontaneously and organically, while in societies of public law, human relations need to be artificially protected and human action is largely conducted by central planning bodies, as it happens in a planned economy. …”
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743
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744
Konstantinović's concept of Limitation of Claims: Have the ideas about the time's influence on law withstood the influence of time?
Published 2022-01-01“…However, these guidelines are based on the modern discourse on human rights in private law and on the negative experience of some European jurisdictions with outdated and untransparent rules on limitation which - as opposed to the former Yugoslavia - remained unchanged for a century or more.…”
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745
The legal framework for self-regulation in the Netherlands
Published 2007-12-01“…From an investigation into topics such as the relevance of fundamental rights, the public/private nature of self-regulatory bodies and the scope of liability for self-regulation, the persisting formal division between public law regulation (unilateral and therefore bound by constitutional norms) and self-regulation (assumed to be bilateral and therefore positioned in the realm of private law) emerges. Furthermore, the growing popularity of public law mechanisms at the expense of (pure) self-regulatory mechanisms can be observed. …”
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746
Two faces of “international administrative law”
Published 2019-06-01“…Biscottini) used the term to exclusively refer to the norms of national administrative law, which address certain foreign elements; i.e. as a parallel to the discipline of international private law. This article deals with these two different understandings of “international administrative law” and with their impact for recent developments in legal scholarship. …”
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747
Business judgement rule in Czech Corporations Act
Published 2013-12-01“…Czech private law is currently undergoing a thorough transformation. …”
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748
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749
The Scope of Criminal Liability of Legal Entity in the Islamic Penal Code
Published 2016-01-01“…Legislature has adopted the stricter theory regarding the identification of legal entity (including the legal entities of public law and legal entities of private law). These theories are theory of ‘respondent superior’ and ‘brain theory’. …”
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750
EM BUSCA DO ETHOS COMUNITÁRIO - UNIVERSIDADES CATARINENSES MANTIDAS POR FUNDAÇÕES PÚBLICAS DE DIREITO PRIVADO, UM OLHAR A PARTIR DO PLURALISMO JURÍDICO
Published 2011-01-01“…The study intends to analyse the current situation in the universities from Santa Catarina‟s state that are maintened by public foundations under private law, from a comunnitary- participatory legal pluralism view and in the current perspective of the university management. …”
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751
New Instruments for Human Rights Protection in Globalization
Published 2020-06-01“…However, thanks to Common Law traditions, this model may be transformed into binding rules,using the legal tools of private Law. This reveals the utility of such soft Law regulations in creating cultures ofrespect useful when rule of law is weak to rule relations between states, companies and people, that arise fromthe actions of private individuals rather than the activity of public law-making institutions. …”
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752
The opportunities and challenges of empirical work: housing possession in theory and in practice
Published 2014“…It offers new perspectives on property theory, constitutional property law, and private law-property law. Under these headings, young and renowned property law scholars present their current research and offer an exciting look into the challenges property law faces in the 21st century.…”
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753
Historical perspectives
Published 2020“…This chapter argues that the history of classical jurisprudence can offer a useful stimulus or lead in the development of the New Private Law as it explores the potential of doctrinal reasoning. …”
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754
Contributory negligence (second edition)
Published 2023“…The doctrine of contributory negligence, which is a cornerstone of private law, is very frequently invoked in practice and also raises a host of pressing theoretical issues. …”
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Scholars of contract law
Published 2022“…This book provides a counter-balance to the traditional focus on judicial decisions by exploring the contribution of legal scholars to the development of private law. <br> In the book the work of a selection of leading scholars of contract law from across the common law world, ranging from Sir Jeffrey Gilbert (1674–1726) to Professor Brian Coote (1929–2019), is addressed by legal historians and current scholars in the field. …”
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756
Incrementalism and complexity
Published 2009“…Such disputes arise under European Community law, in the private law of tort and contract, in constitutional law questions, and whenever policymakers must decide upon the content of an important new statute or even a bill of rights.…”
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757
Sovereign debt and immunity: the controversy of subsequent liability limitation for state bonds
Published 2022“…Placing this controversy in the wider legal context, the chapter suggests that differing perceptions of the underlying public-private law divide can be seen as an explanation of the divergent views. …”
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758
Contributory Negligence in the Twenty-First Century: An Empirical Study of Trial Court Decisions
Published 2016“…Our findings will be of considerable interest to both scholars and practitioners of private law.…”
Journal article -
759
Sources of commercial law in the Dutch Republic and Kingdom
Published 2018“…He distinguishes these within the context of the general body of private law, and he was no exception in this respect.…”
Conference item -
760
Civil Liability of Online Stores in Iranian Law and a Comparative Case Study in the European Union
Published 2023-09-01Get full text
Article