ClimateChange-ClimateLaw

JUNE 26, 2023

Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. However, the Court rejected the Plaintiffs’ claim, ruling that the risk of harm to individuals was uncertain and not concrete.

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Court Construction Litigation Litigating 106

Conflict of Laws

JUNE 24, 2023

Like most of the civil law codifications in the region, the new law focuses mainly on the so-called “patrimonial law,” i.e., property rights and obligations (contractual and non-contractual). 1783/1/Q of 30/12/1417 Hegira [November 12, 1996] ). 1783/1/Q of 30/12/1417 Hegira [November 12, 1996] ).

Civil Law 52

Civil Law Laws Legal Legal 52

LexForti

AUGUST 9, 2021

There are various types of third-party funding in international arbitration, such as litigation funding, success based legal fee arrangement, loan agreements, insurance policy, etc. Existing Indian Legal Jurisprudence. In understanding TPF in Indian laws, it is desirable to understand common law doctrines of Maintenance and Champerty.

Legal 52

Legal Legal Finance Litigation 52

JURIST

JUNE 21, 2021

A Swiss court on Friday handed down the first conviction over Liberia’s 1989-1996 civil war, sentencing Alieu Kosiah to 20 years in jail for various crimes, including rape, ordering murders, and cruel treatment of civilians. The trial also marks Switzerland’s first war crimes trial in a civilian court.

Court 118

Court Laws Attorney Legal 118

ClimateChange-ClimateLaw

JUNE 1, 2022

The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. On May 6, 2022, the Citizens’ Committee on the Kobe Coal-Fired Power Plant filed an appeal to Japan’s Supreme Court in Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Civil law cases.

Litigation 142

Litigation Litigating Construction Tort 142

Conflict of Laws

FEBRUARY 10, 2022

The EU Commission’s Proposal of 1 December 2021 outlines, in its introductory Recitals: “Efficient cross-border judicial cooperation requires secure, reliable and time-efficient communication between courts and competent authorities. Mere access to judicial authorities does not automatically constitute effective access to justice.

Court 98

Court Legal Legal Civil Law 98

Conflict of Laws

FEBRUARY 5, 2024

The Interpretations was adopted by the Trial Committee of the Supreme People’s Court at its 1908th meeting on December 5, 2023, which will come into force on January 1, 2024.

Court 67

Court Construction Contract Laws 67

Conflict of Laws

MARCH 23, 2024

It evidently has not stopped claimants from seeking enforcement of punitive damage awards in other civil law legal systems. She pointed out that although parliament abolished punitive damages in certain areas of law (e.g. While the Court of Appeal in John v. Barnard [1964] AC 1129.

Punitive Damages 57

Punitive Damages Compensatory Damages Tort Civil Law 57

Conflict of Laws

AUGUST 23, 2023

The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. Conversely, Chapter One also acknowledges the book’s limitations, namely, that it only covers the express choice of law in international commercial contracts.

Contract 52

Contract Laws Civil Law Procedural Law 52

The Crime Report

NOVEMBER 10, 2021

Qualified immunity is a “broken legal doctrine,” but reforming rather than abolishing the legal principle, which provides officers with a defense against being sued for violating constitutional rights, will promote police accountability, argues Brian Morganelli in a white paper published by the Institute for American Police Reform (IAPR).

Litigation 121

Litigation Litigating Case Management Civil Law 121

Conflict of Laws

SEPTEMBER 16, 2021

The Decree of the Arbitrazh (Commercial) Court of the Volga District of December 23, 2019 N F06-55840 / 2019 docket numberN A12-20691 / 2019, addresses service of process on the Russian party by the Cypriot court by e-mail and thus the possibility of further recognition of a foreign judgment. Factual background. 8 of the Treaty.

Legal Assistant 40

Legal Assistant Legal Assistance Technology Legal 40

LexForti

JUNE 4, 2021

One of the most vital concerns that a legal practitioner is essentially seen to deal with, that is with respect to any particular dispute or one that has arisen out of a legal relationship between the respective parties subsequently brings into consideration the forum which has/will/have the territorial jurisdiction to entertain such a dispute.

Cause of Action 52

Cause of Action Court Entertainment Laws 52

JURIST

AUGUST 29, 2022

The Convention creates conditions for recognizing and enforcing judgements in both civil and commercial matters. It was created in 2019 to ensure that there was a legal avenue for assessing international court rulings on matters of trade. The hope of the Convention is to ensure that this process becomes more transparent.

Court Rules 104

Court Rules Legal Legal Court 104

Conflict of Laws

JANUARY 30, 2024

It outlines trends, legislative changes, and Supreme Court precedents since 1996, with a focus on judgments involving the United States and China. The study examines European court decisions, domestic legislation, and international projects aimed at stabilizing the legal status of such children.

Laws 57

Laws Divorce Legal Legal 57

Conflict of Laws

FEBRUARY 13, 2024

To answer this question, the article explores primary and secondary sources from various jurisdictions around the world, including common law, civil law, and mixed legal systems, together with insights from experts in commercial conflict of laws.

Laws 76

Laws Divorce Contract Legal 76

Conflict of Laws

NOVEMBER 20, 2022

Being of the opinion that the adoption of uniform rules which govern contracts for the international sale of goods and take into account the different social, economic and legal systems would contribute to the removal of legal barriers in international trade and promote the development of international trade, Have agreed as follows: ….

Contract 52

Contract Laws Civil Law Legal 52

Conflict of Laws

APRIL 13, 2023

This post is prompted by a recent decision of the Delhi High Court (“DHC”) in Extramarks Education India v Shri Ram School (“ Extramarks case”), which although on domestic arbitration, makes various obiter observations on the nature of limitation and flexibility of parties to contract out of the same. This issue could not be simpler in India.

Laws 98

Laws Procedural Law Contract Government 98

Conflict of Laws

JANUARY 7, 2024

By Du Tao* and Jingwei Qiu** With the increasingly close personnel exchanges and deepening economic cooperation between Mainland China and Hong Kong, the number and types of legal disputes between the two regions have also increased. Articles 7 to 11 and 20 to 27 are procedural provisions.

Punitive Damages 70

Punitive Damages Real Estate Court Legal 70

Conflict of Laws

JUNE 16, 2023

This post has been written by Anna Bleichenbacher, MLaw, University of Basel, Nievergelt & Stoehr Law and Notary Office (Switzerland). A pay paternity was a legal institution with an obligation to pay maintenance. The pay paternity did not include a legal child relationship recorded in the civil register.

Legal 40

Legal Legal Civil Law Laws 40

Conflict of Laws

JULY 9, 2021

When confronted with international parallel proceedings due to the existence of a competent foreign court having adjudicative jurisdiction, the seized foreign court located in common law jurisdictions seems to see it as no offence to Chinese courts by granting anti-suit injunctions to restrain Chinese proceedings.

Court 52

Court Procedural Law Litigation Litigating 52

How To Become A Paralegal

APRIL 30, 2018

Let’s face it – television shows that focus on legal matters are interesting and they can be fun to watch. Introduction to Civil Procedure. This may also be called a civil law class. In this class, you’re going to learn the basics of the civil law system. Legal Research & Writing.

Paralegal Studies 56

Paralegal Studies Paralegal Paralegals Legal Research 56

Conflict of Laws

OCTOBER 6, 2021

Divided into 13 chapters, the book provides a contextualised understanding of legal transformation on key aspects of the Indian conflict-of-law rules on jurisdiction, applicable law and the recognition and enforcement of foreign judgments or arbitral awards.

Laws 52

Laws Divorce Civil Law Law School 52

Conflict of Laws

JUNE 30, 2022

Key takeaways: Despite the fact that the elaboration of a judicial interpretation appears to have been put on hold, China’s Supreme People’s Court has now resorted to conference summaries, which are not legally binding but have a practical impact, to express its views in recognition and enforcement of foreign judgments.

Punitive Damages 52

Punitive Damages Court Civil Law Legal 52

Conflict of Laws

DECEMBER 12, 2020

By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Introduction.

Laws 98

Laws Court Contract Legal 98

Conflict of Laws

JULY 7, 2022

Ardavan Arzandeh, “ Brownlie II and The Service-Out Jurisdiction under English Law” FS Cairo (Nile Plaza) LLC v Brownlie ( Brownlie II ) is arguably the United Kingdom’s highest appellate court’s most significant decision this century on a private international law question.

Personal Injury 40

Personal Injury Civil Law Contract Laws 40

LexForti

OCTOBER 19, 2021

Any transaction gets legal validity, once being executed on a stamp paper of proper value. It brings legal authenticity to any valid agreement. Be it an agreement or a documented business transaction; if legal sanctity need to be added, one should execute it on the legal stamp paper. Supreme Court in the case of Govt.

Legal 52

Legal Legal Government Court 52

Conflict of Laws

NOVEMBER 26, 2022

Valmantonis , and the important decision No C-700/20 (London Steam/Spain), which is analyzed by Mr. Komninos Komnios , Professor at the International Hellenic University, (“Arbitration and Brussels Ia Regulation: Descent of the ‘Spanish Armada’ in the English legal order?”). Chronopoulou.

Tort 52

Tort Civil Law Laws Legal 52

Conflict of Laws

MAY 18, 2021

. – This article investigates the law and economics of extreme sports sponsoring in a comparative perspective. It is based on 40 structured interviews with sponsored athletes from various common law and civil law jurisdictions. This paper is about the unification of commercial contract law. to 52.9 % since 2004.

Contract Law 52

Contract Law Contract Construction Sports 52

Conflict of Laws

MARCH 30, 2021

Translation is a difficult task: “Mastery of the languages involved is necessary, but not sufficient, particularly where the user of a translation expects a literal translation, the legal systems of the starting languages and target language differ fundamentally and the subject matter is highly abstract.” Walter König, 11 Mich.

Legal 52

Legal Legal Laws Civil Law 52

Conflict of Laws

FEBRUARY 24, 2022

The parties had different opinions on the legal nature of the mummy contained in the statue. The Chinese court classified the statue as a cultural property and applied the choice of law over movable properties provided in Article 37 of Chinese Private International Law ( lex rei sitae). Gold or God?

Laws 52

Laws Legal Legal Court 52

Conflict of Laws

SEPTEMBER 15, 2023

Whilst doing so, it makes a contribution to the question of whether the de-judicialisation taking place in Italy and elsewhere, as well as in the international legal system, can be considered a step in the right direction. role of lawyers and their suitability to perform the function of rebalancing the asymmetries in the parties’ power.

Legal 57

Legal Legal Education Contract 57

Conflict of Laws

JANUARY 21, 2022

Francesco Giglio: Roman dominium and the Common-Law Concept of Ownership, Volume 86 (2022) / Issue 1, pp. On the basis of a comparison between common law and Roman law, it is argued in this paper that, despite the common-law focus on title, the common-law and civil-law concepts of ownership are not as far apart as often thought.

Family Law 52

Family Law Laws Civil Law Legal 52

Conflict of Laws

NOVEMBER 29, 2021

In addition to summarising relevant principles and scholarly views, the authors discuss case law whenever possible and identify deficiencies and anticipate difficulties in the existing law. For those who are particularly interested in unified or harmonized global PIL Chapter 6, still rather short (pp.

Laws 52

Laws Divorce Civil Law Drafting 52

The Paralegal Resource

JANUARY 11, 2011

Search and seizure is a legal procedure used mainly in common and civil laws. The findings of the search are then seized, and used in the court of law as evidence for or against the crime committed. This takes place if suspicion of, or if an actual crime has been committed.

Civil Law 40

Civil Law Legal Legal Laws 40

Conflict of Laws

MARCH 15, 2022

Dodge (Professor, University of California, Davis, School of Law). Should courts in the United States refuse to recognize and enforcement Chinese court judgments on the ground that China does not provide impartial tribunals or procedures compatible with the requirements of due process of law?

Government 40

Government Court Civil Law Laws 40

LexForti

NOVEMBER 5, 2021

Considering this principle, parties in a civil suit enjoyed unrestricted access to modify their pleadings under Order VI Rule 17 of the Indian Civil Procedure Code, 1908. Keywords- Amendment of Pleadings, Civil Procedure Code 1908. Introduction. It defines a Pleading broadly `as a plaint or a written statement. [1]

Diligence 52

Diligence Cause of Action Court Litigation 52

LexForti

JUNE 4, 2021

The Delhi High Court dismissed a civil suit filed by actor and environmentalist, Juhi Chawla, against the roll out of 5G as the same was defective, vexatious and not maintainable. The bench observed that the civil suit had been filed for publicity as the link of hearing had been circulated on social media.

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Depositions Government Legal Legal 52