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761
Emergency rescuers: duties and liabilities / Mohd Royzal Abdul Razak...[et al.]
Published 2009“…In United Kingdom, the rule of Common law applies the neighbourhood principle which derived from the case of Donoghue v Stevenson [1932] AC 562. …”
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Student Project -
762
A study in the admissibility of digital evidence in the Malaysian courts / Md. Shazli Munip Abdul Malek…[et al.]
Published 2007“…The research has also examines the position taken by other common law countries such as the United States, Australia, United Kingdom and India on the issue. …”
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Student Project -
763
Sejarah perkembangan undang-undang keselamatan pekerjaan di Amerika Syarikat dan United Kingdom, serta pengaruhnya terhadap Malaysia
Published 2016“…It is also worthy to note that analysis of the development of the Common Law principles is also included since its application in Malaysia was approved via the Civil Law Act 1956.…”
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764
Keywords: Causation, Liability, Victim, Harm-causing factors, Damage
Published 2015-03-01“…Existing differences in Iranian legalsystem, as a civil law country, with English law, as a common law country,cause great difficulties in seeking a common perspective in order to examine theconcept of causation. …”
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765
The necessity of treating the patient and the doctor's risk; Duty or authority in the treatment
Published 2023-11-01“…According to the second paragraph of the single article of the Penal Law, refusing to help the injured and remove the danger to life (approved 3/5/1354), which shows the general rule in Iranian law and the similar rule in countries that are members of the Roman-Germanic legal system, such as France, contrary to In countries subject to the common law system, such as the United States, it is accepted that persons such as doctors who, according to their duty or law, are obliged to help injured or life-threatening people, if they refuse to perform their duties without being aware of any danger, are liable. have a criminal record; However, according to Article 295 of the Islamic Penal Code approved in 2012, people such as doctors if they avoid doing their legal or contractual duty while they have the ability to perform their legal or contractual duty and a crime occurs due to their omission, they are sentenced to retribution or ransom, as the case may be. be. …”
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766
Defining harm: The harm principle and religious rights in South Africa
Published 2021-05-01“…Moreover, the 1996 Constitution’s embrace of dignity as Grundnorm, concomitant with the incorporation of the notion of crimen injuria in South African common law, makes it potentially easy for the state to limit freedom of expression and intervene in religious matters under the guise of the so-called dignitary harms. …”
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767
Gestion des ressources hydriques et activité minière au Minas Gerais (Brésil) des premières découvertes d'or alluvionnaire à 1736
Published 2013-10-01“…Therefore, the home country was forced to enact mining legislation and reforms to the local politico-administrative framework, promoting specialized jurisdictions and introducing a multiplicity of peripheral powers.In this way, the issue of water management was spatial, due to the common law of water appropriation, and economic, in relation with the taxation of gold production. …”
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768
Demographic and Sociocultural Determinants of Financial Literacy in South Africa
Published 2024-03-01“…The study found that people over 50 years of age, men, whites, people with common-law spouses, and people who owned homes without a mortgage payment reported the highest degree of financial and investment knowledge. …”
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769
The Horrible Sepulture of Mannes Resoun: Intoxication and Medieval English Felony Law
Published 2022-10-01“…The modern Anglo-American common law tends toward a hardline stance on intoxication, typically not treating it as an excuse to a criminal charge but offering a few well-guarded exceptions, most notably the idea in some jurisdictions that intoxication may be invoked to negate specific intent given its deleterious effect on cognitive capacity. …”
Article -
770
Challenges in the Implementation of the “Jalur Khusus” Concept in the Draft Indonesian Criminal Procedure Code
Published 2022-01-01“…Efforts to reform the criminal procedural law continue to be carried out, by introducing many new concepts such as preliminary examination, expansion of the opportunity principle to the concept of a “jalur khusus” which is similar but not the same as the plea-bargaining concept applied in common law countries, especially the United States. …”
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771
O ESTUDO DE CASOS NA PERSPECTIVA DA METODOLOGIA JURÍDICO-FILOSÓFICA
Published 2009-12-01“…Com isso, busca-se provar que o estudo de casos no Direito não é fruto somente de uma pretensa influência do Common Law, como vários autores afirmam ao vincular a uma visão empirista tipicamente desse sistema; há sim, por outro lado, raízes na própria experiência jurídica do sistema romano-germânico que levam a tal valorização do caso, principalmente a partir da construção romana.…”
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772
Recentele modificări ale O.U.G. nr. 34/2006, un temei pentru reorientarea contractelor administrative spre libertatea contractuală?
Published 2011-06-01“…Currently, after the Emergency Government Ordinance no. 76/2010, modified by the Law no. 278/2010, was adopted, one might say that the legislator has opted, in the common law, for a mixed policy, which distinguishes between the rules applicable in the pre-contractual stage, following for the most part the power of the administrative law, and the rules applicable in the contractual stage, following the commercial law.…”
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773
The Role and Impact of Forensic Investigations Unit in the Fight Against Fraud, Corruption, Irregularities, Financial Misconduct and Maladministration in the Public Sector of South...
Published 2023-02-01“…The study found that the role of the Forensic Investigations Unit in the public sector is to investigate the allegations of common law offences such as fraud, corruption, maladministration and financial irregularities. …”
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Article -
774
Specific Performance and its Barriers in Islamic Jurisprudence and Different Legal Systems
Published 2017-08-01“…In the event of a breach, in the Romano-Germanic system of law, Iran and some other countries, the obligation of the covenantor to fulfill the specific performance has been recognized as a fundamental principle and the covenantee, only in the case of the impossibility of obliging the covenantor, can take action to terminate the contract and claim for damages. In Common Law, obliging to specific performance is accepted as an exception and only in certain cases. …”
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775
Anti-suit Injunctions Issued by Arbitraral Tribunals in International Commercial Arbitration
Published 2020-04-01“…Since the origin of the Anti-Suit Injunction is common law legal system, Iranian legal system and its precedent are alien to such injunction. …”
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776
CUSTOMARY LAND RIGHTS OF ORANG ASLI: A CASE STUDY IN KAMPUNG PARIT GONG, NEGERI SEMBILAN, MALAYSIA
Published 2021-01-01“…Dispute over customary land rights of Orang Asli has been continual in Malaysia although Malaysian Courts, in several cases, have upheld the Common Law rights of Orang Asli to their customary lands. …”
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777
The conundrums of the reasonable patient standard in English medical law
Published 2023-02-01“…This landmark judgment has been of interest to the rest of the common law world. A judicial trend of invoking Montgomery to impose more stringent requirements on doctors is discernible in subsequent decisions since then. …”
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778
Some considerations of authority of the courts
Published 2015-06-01“…It is difficult to talk about argument of authority without saying what is the role of judgements in two great legal systems – European-continental system (civil law) /traditionally authority is court practice/ and Anglo-American system (common law) /traditionally authority is precedent/. …”
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779
Tracing journey of crime victim’s position under Indian law with evolutionary insights from the United States’ federal code on victims’ rights
Published 2023-12-01“…It brings to light that victim rights in both common law countries have essentially been a result of social movements having the effect of visible changes in legislation. …”
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780
Customary Tenure Trusteeships and Land Governance Reforms: A Necessary Convergence
Published 2020-09-01“…This paper draws attention to some of the unique differences between the fiducial duties of trustees under customary tenure and common law. The research hypothesizes that good land governance reforms require customary land trustees to manage land and natural resource assets to achieve the highest livelihood sustaining benefit for their communities. …”
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Article