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Showing posts from January, 2018

Cross-border Transfer and Collateralisation of Receivables

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Cross-border Transfer and Collateralisation of Receivables A Comparative Analysis of Multiple Legal Systems By Woo-jung Jon Contributions by: Louise Gullifer , Joshua Getzler , Sang-Hyun Song Legal systems around the world vary widely in terms of how they deal with the assignment of, and security interests in, receivables. The aim of this book is to help international financiers and practicing lawyers in relevant markets in their practice of international receivables financing. Substantively, this book analyzes three types of receivables financing transactions: outright assignment (transfer), security assignment, and security interests. This book covers comprehensive comparison and analysis of the laws on the assignment of, and security interests in, receivables of fifteen major jurisdictions, encompassing common law jurisdictions, Roman-Germanic jurisdictions, and French-Napoleonic jurisdictions, as well as relevant EU Directives. To be more specific, this book com

Revolution and Evolution in Private Law

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Revolution and Evolution in Private Law Edited by: Sarah Worthington , Andrew Robertson , Graham Virgo The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution-death of the dinosaurs or development of flight-would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutio

The Constitution of Pakistan

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The Constitution of Pakistan A Contextual Analysis By Sadaf Aziz This volume provides a contextual account of Pakistan's constitutional laws and history. It aims to describe the formal structure of government in reference to origins that are traced to the administrative centralization and legal innovations of colonial rule. It also situates the tide of Muslim nationalism that gave rise to the nation of Pakistan within a terrain of nascent constitutionalism and its associated promises of representation. The post-colonial history of the Pakistani state is charted by reference to succeeding constitutions and the distribution of powers between the major branches of government that they augured. Where conventional histories often suggest that constitutionalism in Pakistan is to be solely understood by reference to a cycle of abidance and rupture, and in the oscillation between military and civilian rule, this volume also accounts for the many points of continuity be

The Constitution of India

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The Constitution of India A Contextual Analysis By Arun K. Thiruvengadam This book provides an overview of the Indian Constitution by situating it within its broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine substantive chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of its existence as an independent nation. Starting with a focus on the pre-history of the constitution and its making, the book moves onto an examination of the structural features and actual operation of principal governance institutions, including the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism is the role played by technocratic institutions such as the Election Co

The Juris Diversitas Conference is Moved to April 2019

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Though the Call for Papers for the Juris Diversitas 2018 Conference on Law, Roots and Space yields promising submissions, prospective participants regret that they face a dilemma, due to a number of worldwide comparative law events organized on several continents in a very active 2018 conference season. Limited resources force many of our members to choose participating in the World Congress of the International Academy of Comparative Law (July 22-28, Fukuoka, Japan), in Juris Diversitas (June 25-27, Potchefstroom, South Africa), or in the World Congress of the International Association of Constitutional Law (June 18-22, Seoul, Korea). The Executive Committee of Juris Diversitas therefore resolved to postpone the 2018 Conference, moving it to April 15-17, 2019, in Potchefstroom, South Africa. Existing submissions will be reviewed, there shall be an extended call for papers, and participants will be invited, though not compelled, to communicate papers ahead of time, which may allow for

Religious Marriages in the Mediterranean

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Religious Marriages in the Mediterranean Venue and date: Mediterranean Institute, University of Malta, 20-21 March 2018 Within Mediterranean settings, religious marriage has functioned for centuries, together with conversion, as a means both of formal social incorporation and of exclusion of outsiders in relation to religiously-defined officially-recognised ethnic communities. Such an approach was an integral part of the Ottoman constitution; aspects of the millet system continue to have some posthumous existence in states like Lebanon and Cyprus. Over the last century or so, the development of secular or ‘quasi-secular’ nation-states throughout the region has generally meant the replacement of religious by civil marriage within state legal systems. Whether this has occurred via silent absorption or principled exclusion of religious unions, or even by the creation of dualist systems giving civil marriage pride of place, the juridical implications have been profound and range from the c