Products related to Civil law:
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Common Law – Civil Law : The Great Divide?
This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives.Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them.Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts.These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions.Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field.A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition.The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition.These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems.The book addresses this reassessment.
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Common Law – Civil Law : The Great Divide?
This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives.Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them.Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts.These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions.Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field.A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition.The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition.These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems.The book addresses this reassessment.
Price: 129.99 £ | Shipping*: 0.00 £ -
Digital Finance Law : Common and Civil Law
This book assesses the rapidly changing landscape of digital finance regulation.Focusing on the laws of banking-finance, tax, insurance, intellectual property [patents-copyright] and international commercial arbitration, it also delves into the regulation of tokens and the laws pertaining to its development, use, and transaction. The book undertakes a comparative study of civil and common law jurisdictions such as Australia, India, Japan, Singapore, UK, EU, and the USA.It explores how each jurisdiction is at various stages of developing its digital economy and providing banking and financial regulations for crypto-digital assets such as tokens.It also highlights the potential for global regulatory change and collaboration, such that there is a robust, efficient, and harmonised framework of standards, codes and law.The book asserts that blockchain technology will be a disruptive force to commercial law and will be important to taxation and insurance laws (contracts), as well as the technology that supports them.It also expands on how international arbitration agreements will require more extensive knowledge on data and cybersecurity due to the use of expert evidence that involves blockchain, code, and cybersecurity, amongst other technological elements that facilitate smart contracts and token transactions. A book of keen interest to scholars of finance law, digital finance, and comparative law, as well as legal practitioners.
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Chinese Contract Law : Civil and Common Law Perspectives
This book is the product of a unique collaboration between mainland Chinese scholars and scholars from the civil, common, and mixed jurisdiction legal traditions.It begins by placing the current Chinese contract law (CCL) in the context of an evolutionary process accelerated during China's transition to a market economy.It is structured around the core areas of contract law, anticipatory repudiation (common law) and defense of security (German law); and remedies and damages, with a focus on the availability of specific performance in Chinese law.The book also offers a useful comparison between the CCL and the UNIDROIT Principles of International Commercial Contracts, as well as the Convention on Contracts for the International Sale of Goods.The analysis in the book is undertaken at two levels - practical application of the CCL and scholarly commentary.
Price: 130.00 £ | Shipping*: 0.00 £
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What is civil law and criminal law?
Civil law deals with disputes between individuals or organizations, such as contract disputes, property issues, or family law matters. The goal of civil law is to provide a resolution that compensates the injured party or enforces a legal right. On the other hand, criminal law involves offenses against the state or society, such as theft, assault, or murder. The purpose of criminal law is to punish the offender and protect the public by maintaining order and safety in society.
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Is this correct: Civil law and criminal law?
Yes, that is correct. Civil law and criminal law are two distinct branches of the legal system. Civil law deals with disputes between individuals or organizations, such as contract disputes or personal injury cases. Criminal law, on the other hand, involves the prosecution of individuals who have committed crimes against the state or society, such as theft or assault. Each branch has its own set of rules and procedures for resolving legal issues.
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What does civil law include?
Civil law includes a wide range of legal matters that deal with disputes between individuals or organizations. This can include issues related to contracts, property, family law, torts, and personal injury. Civil law is concerned with resolving conflicts and providing remedies for individuals who have been wronged by another party. It is distinct from criminal law, which deals with offenses against the state.
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What are civil law claims?
Civil law claims are legal disputes between individuals or organizations that typically involve issues such as contracts, property, personal injury, or family matters. These claims are brought by one party (the plaintiff) against another party (the defendant) seeking compensation or some form of relief for a perceived harm or injury. Civil law claims are distinct from criminal law claims, as they do not involve allegations of criminal behavior and are typically resolved through monetary compensation or court-ordered remedies rather than punishment.
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Patent Law, Green Technology and Innovation
In the era of modern industrial regimes, the role of technology in tackling climate change is pivotal.International goals of climate change mitigation and sustainable development cannot be achieved without the contribution of new technologies.At the same time, the importance of patent protection and an efficient patent system that facilitates technology transfer among international frontiers cannot be overlooked.Many patented technologies are either not accessible for further dissemination or do not hold much technical value.Therefore, advanced systems of collaborative innovation have been developed, especially in the sector of green technology and green innovation. The environmental concerns of the global community cannot be tackled by a single company, person, sector or country.Innovation partnerships and collaborative research will play a vital role in combating global climate concerns and in determining the diffusion of green technologies for maximum impact.This book argues that policy-makers should encourage partnerships in technology rather than focusing on gaining investment and access to green technology to encourage global technological giants to transfer their technology and knowledge to local entities.It analyzes the relationship between patent protection, green innovation and diffusion of green technology against the backdrop of climate change and severe climate crisis. Taking an interdisciplinary approach to align patent law and green technology with the Sustainable Development Goals, it examines the effects of patent protection, technology transfer and compulsory licensing on the diffusion of green technologies while offering a systematic analysis of the relationship between patent protection, green innovation and diffusion of green technology from a global perspective.
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Fighting for Justice : Common Law and Civil Law Judges: Threats and Challenges
This is a time when the rule of law is seriously challenged, when governments threaten deliberately to break the law, and the independence of justice is jeopardised by unrelenting pressure from both the executive and the media.This book aims at contributing to restoring trust in judges as custodians of the law and justice, through a comparison between Civil and Common Law countries.It offers a rare opportunity to gather the expertise of eminent judges and legal authorities from five different countries, providing a unique insight into their work and the way they deliver justice based on their respective professional experience and practise of the law.Far from being a highly technical debate between experts, however, the book is accessible to students and the general public, and raises important contemporary legal issues that involve them both as citizens, with justice as a shared aspiration, and a common attachment to the rule of law.
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Dunn's Law Guides -Civil Litigation 4th Edition : Be Civil! A guide to learning civil litigation and evidence
The Fourth of Be Civil! has bee up-dated to include amendments to the Civil Procedure Rules as at April 2023, and to reflect recent and significant changes both to the Bar's centrally set examination syllabus and the manner in which the required knowledge is assessed.
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The Law of Civil Procedure : Cases and Materials
The Fifth Edition integrates all significant developments that have occurred since the last revision of this casebook in 2013. These changes include new principal cases to reflect significant changes in the law with particular emphasis on personal jurisdiction, and scores of amended problems and notes to reflect all changes in such other areas as the definition of citizenship for diversity purposes, transfer of venue, pleading, and class actions.The Fifth edition also includes a full discussion and analysis of all of the intervening Supreme Court and important lower court opinions, and significant changes in the Federal Rules of Civil Procedure.
Price: 317.00 £ | Shipping*: 0.00 £
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Is there a difference between civil law and civil procedure?
Yes, there is a difference between civil law and civil procedure. Civil law refers to the body of laws that govern private disputes between individuals or organizations, such as contract disputes, property disputes, and personal injury claims. Civil procedure, on the other hand, refers to the rules and processes that govern how civil cases are handled in court, including the filing of lawsuits, pre-trial motions, discovery, and trial procedures. In other words, civil law sets out the rights and obligations of the parties involved in a dispute, while civil procedure sets out the rules for resolving that dispute through the legal system.
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What are examples of civil law?
Examples of civil law include contract law, which governs agreements between individuals or businesses; property law, which deals with the ownership and use of real estate and personal property; and family law, which covers issues such as marriage, divorce, child custody, and adoption. Additionally, tort law, which addresses civil wrongs and the resulting liability for the wrongdoer, is also a key component of civil law. These are just a few examples of the wide range of legal issues that fall under the umbrella of civil law.
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Is property law in the German Civil Code mandatory law?
Yes, property law in the German Civil Code is considered mandatory law. This means that the provisions in the Civil Code regarding property rights and obligations are binding and cannot be contracted out of by private parties. These provisions are designed to protect the fundamental rights and interests of individuals in relation to property, and therefore they are mandatory and must be followed by all parties involved in property transactions.
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What are the differences between criminal law and civil law?
Criminal law deals with offenses against the state or society, such as murder, theft, or assault, and is prosecuted by the government. The burden of proof in criminal cases is "beyond a reasonable doubt," and the punishment can include fines, imprisonment, or even death. On the other hand, civil law deals with disputes between individuals or organizations, such as contract disputes, property damage, or personal injury cases. The burden of proof in civil cases is typically "preponderance of the evidence," and the remedy is usually monetary compensation or an injunction to stop a certain behavior.
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