Plaintiff-Controlled Jurisdiction through Claim Valuation? A Critique of the Iranian Supreme Court's Unification Judgment No. 865 with a Comparative Perspective on French and American Law [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i KhuṣūṣīThe division of judicial bodies and the establishment of monetary thresholds as a criterion for determining value-based jurisdiction (ratione valoris) are fundamental tools of judicial policy aimed at enhancing the efficiency of the justice system and ...
Badie Fathi
doaj +1 more source
Good Faith and Abuse of Procedural Rights in Japanese Civil Procedure
, 2021 In Japan, the doctrine of abuse of right was first introduced into the substantive law early this century and gradually permeated into civil procedure in the post-War period as a part of the broader principle of good faith.
Taniguchi, Yasuhei
core +1 more source
‘Turkeys Cannot Vote for Christmas’: Why Epistemic Disobedience in an Anti‐Black World Matters
Australian Journal of Social Issues, EarlyView.ABSTRACT Never in the history of global coloniality has the idea of epistemic disobedience been as important as in the 21st century. This is not only because the struggle for decolonisation has shifted from physical confrontation between the coloniser and the colonised into a battle of ideas but also because the former has deployed the idea of ...
Morgan Ndlovu
wiley +1 more source
Civil Law Reform Toward Substantive Justice: A Comparative Study Between Indonesia and Spain
Batulis Civil Law ReviewIntroduction: Civil law reform increasingly grapples with a persistent dilemma: how to preserve doctrinal coherence while ensuring outcomes that realise substantive justice in concrete disputes.
Martinus Guntur Ohoiwutun +2 more
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APPLICATION OF THE PRESUMPTION OF GOOD FAITH IN CIVIL PROCEDURAL LAW, LEGAL PROCEEDINGS AND NOTARIES
Slovo of the National School of Judges of Ukraine, 2022 The universality of one of the fundamental presumptions – good faith – should be explored in various fields of law. The relevance of this study is as follows: at the ideological and philosophical level – overcoming the separation of branches of law and creating an understanding of law as a whole, at the practical level – improving the legal system and ...
openaire +1 more source
The Legislation for Providing Animal Access in Australian Residential Aged Care: It's Not a Zoo
Australian Journal of Social Issues, EarlyView.ABSTRACT Providing meaningful animal contact to residential aged care facility (RACF) residents is problematic due to a lack of animal policies and National Guidelines. This paper examines how Australian Legislation could influence access to animal contact in RACFs and aims to answer the question, ‘Could current Legislation facilitate the development ...
Wendy Newton +2 more
wiley +1 more source
Australian Journal of Social Issues, EarlyView.ABSTRACT This article reflects on the construction of a supportive community of Black Afro‐diasporic graduate students and their supervisors researching issues relating to race in the field of education in Australia. It draws on the concept of marronage—a term rooted in the fugitive act of becoming a maroon, where enslaved people enacted an escape in ...
Hellen Magoi +6 more
wiley +1 more source
An Introduction to the Emergence and Classification of the Law of Obligations in the English Legal System: A Comparative Examination of Its Structure in Islamic Jurisprudence and the Iranian Legal System [PDF]
پژوهشنامه حقوق اسلامی ∴ Introduction ∴ The concept of obligations and their classification occupies a central position within legal theory, guiding the allocation of rights and duties among legal actors.
Hossein Abedini +1 more
doaj +1 more source
On the Prospects for African Philosophy in Australia
Australian Journal of Social Issues, EarlyView.ABSTRACT This paper grapples with the situation of people of African descent in Australia by working through the constitution of the body of academic philosophy in the country. It contends with the parochialism of the Australian philosophical community and the prospects for the cultivation of greater pluralism. Taking African philosophy as one possible
Bryan Mukandi
wiley +1 more source
Emirates trading, good faith, and pre-arbitral ADR clauses: a jurisdictional precondition?
, 2015 The 2014 High Court decision in Emirates Trading v Prime Mineral Exports is an interesting example (and possibly the first), of an English Court affirming that non-compliance with pre-arbitral dispute resolution procedures could remove the tribunal's ...
Flannery, Louis, Merkin, Robert
core +1 more source