nations in the world nowadays‚ and each has a different set of laws that govern its people and its relations with the rest of the world. Whereas‚ international law governs relations between states‚ institutions‚ and individuals across national boundaries‚ municipal law governs this same person within the boundaries of a particular state. The comparative law‚ which is the study‚ analysis‚ and comparison of the different municipal law systems‚ classifies countries into legal families. The two widely
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the possession‚ of a determinate thing; and the other party (Buyer) obligates himself to pay therefor a price certain in money or its equivalent.1 The Roman Law concept embodied in the old Civil Code2 that treated delivery of tangible property as the sole purpose of sale has been modified under the present Article 1458‚ which applies the common law concept of requiring the obligation to transfer the ownership of the subject matter of the sale as a principal obligation of the seller. 1. Nature of Obligations
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of property • Trespass - direct an unlawful interference with possession of person‚ property or land‚ regardless or intention of trespasser Tortes verses contract law • Tort law - special relationship other than a contract which forms the basis of civil claims (e.g. Patient/doctor‚ parent/child) • Contract law - legally binding agreement forms the basis of the civil claim • For a tort to be successful - plaintiff must prove existence of certain elements that give rise to
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classification of ‘hard’ and ‘soft’ law is unhelpful and misleading in reflecting enforceability in international law. What are the sources of international law? What is meant by ‘hard’ and ‘soft’ law? Do you agree with Chinkin’s assessment and why? ------------------------------------------------- Introduction This essay first discusses the nature and lack enforcement of hard laws‚ being those defined under the ICJ statue and Vienna Convention on the Law of Treaties 1969 (VCLT). It argues
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Natural Law VS. Positive Law Laws are rules established by a governing authority to organize and maintain orderly existence. It can generally be divided into two principles: Natural law‚ which is based on the divine‚ and Positive law which states that laws are what the lawmakers command. Throughout history many philosophers have come to be linked to either branch of law. Philosophers such as Aristotle advocated Natural law‚ while others‚ such as Thomas Hobbes‚ supported Positive law. Each
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Common Law Tradition and Sources of Law Common Law Tradition: In early England‚ there was desire to establish a legal system that did not settle disputes by simply relying on local customs and traditions. Instead‚ there was desire to use a uniform legal system throughout the entire country. “What evolved was the beginning of common law‚ a body of general rules that applied throughout the entire English realm. Eventually‚ the common law tradition became part of the heritage of all nations
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Role and Functions of Law LAW 421 Role and Functions of Law The role and functions are all based on its purpose; the purposes of law begin when domination and power of higher authority had no consideration for the rights of individuals (Melvin). The United States has created laws to help justice in society from many angles‚ in this case education and the workplace‚ and promoting good faith dealing among businesses. There are four sources (primary sources) of law that have federal and state
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Shapley | Civil Law v. Criminal Law | Introduction to Criminal Law | Joanna Solis 3/2/2012 | Only a few people actually know “the law”. Others think that the criminal justice system is a body that only has one set of rules and laws and all act the same. Not to mention that because of television they think that every case is tried at criminal court with a judge and a panel of jurors. However that is not the case because there’s two specifically types of law‚ civil and criminal law. Though both
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NATIONAL LAW SCHOOL OF INDIA UNIVERSITY BANGALORE M.B.L. PART – I CONTRACT LAWS Important Case Laws 1. Balfour v. Balfour [(1919) 2 KB 571] Mr. Balfour promised to send £ 30 every month. Mr. Balfour did not send the money Mrs. Balfour sought to recover the promise money in the court of law. Whether a promise of domestic nature between a husband & wife could be binding? Held that‚ the promise between the parties was not intended by them to be legally binding. Hence‚ Mrs. Balfour could not
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Sexual Assault Over the past decade‚ the issue of sexual assault is one that has needed significant law reform. Sexual assault refers to the criminal offences involving unwanted sexual contact or acts‚ including unwanted touching‚ groping‚ indecent acts of other kinds‚ and rape. Law reform is the process of reviewing existing laws and introducing changes to them with the aim of improving justice or efficiency. In the issue of sexual assault‚ justice is particularly important. The state needs to
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