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The regulatory function of contract law : comparative law and economics approach
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Presented here is a selection of theses and dissertations from the School of Law. Please note that this is not a complete record of all degrees awarded by the School.
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Concept and evolvement of Chinese Contract Law
Master Thesis
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University of Cape Town
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Jacobs, F. 2015. Concept and evolvement of Chinese Contract Law. University of Cape Town.
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Subject-Matter of contract under Islamic Law and Common Law: a comparative analysis
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yora junifa
SLA/ GCC Annual book
Mohamed A Abdulla
The study aims to discuss the issues of legislation, regulatory procedures and rights to protect information and data in open source institutional repositories on the internet in the Arab Gulf States, and the related issues to the free access of information such as data protection, information resources, privacy and the intellectual property, in accordance with international standards and legislation. We also review the available institutional repositories on the internet as one of the tools on internet communities that are interlinked as resources of information for scientific research. The protection of institutional digital repositories and its privacy is one of the modern tools recently added to the service of scientific research, because it contains scientific theses and dissertations, scientific discoveries, studies and research in all fields that include the results of research reached by the researchers, faculty members and graduate students in universities, found in research centers and academic libraries. The issue of protecting information and data in institutional repositories is one of the most important issues that occupy the minds of decision-makers, library and information centers managers in the Arab Gulf States. The current study attempts to highlight the review and analysis of protection issues, legislation, rights, and regulations for theses/articles and other information resources that are deposited in the institutional repositories in Gulf countries. This is in accordance to copyrights law and affect the protection of data and information resources in the open-source digital repositories on the internet in the Arab Gulf countries, to the extent to which these legislations are implemented on the ground. This is done to provide safety of information and data to researchers, faculty members and graduate students through free access to information
مجلة بيت المشورة
Muhammad Ziaurrahman
Islam advocates the protection of all types of Rights. However, each and every type of Right is not directly regulated by Shari’ah (Islamic Law) while the principles of Shari’ah can be construed to provide support for such regulation and protection. To the best of our knowledge, there is no such paper which efficiently talks about the tradable and non-tradable Rights from Islamic Law of Contracts Perspective as such that it provides a framework to evaluate different types of Rights for their permissibility of being subject matter of contract. This paper attempts to address this issue by using library research method (Qualitative Assessment) whereby, data is collected from books, articles, etc. Inductive and deductive methods are used for formulation of arguments and for providing justifications. The findings of this study suggest that not every Right shall be considered subject matter of contract. Furthermore, there are Rights that are specifically granted to the holder and they are...
The purpose of the present study is to know the level of awareness of Intellectual Property Rights (IPRs) including Digital Rights in an electronic environment. The study has been carried out among Library Professionals and Research Scholars in the faculty of social sciences of Aligarh Muslim University. It explores the development and emerging trends of IPR and Digital Rights Management (DRM) as well as its awareness and use among Library Professionals Working in Maulana Azad Library and Research scholars in the Faculty of Social Sciences of Aligarh Muslim University. The findings of the survey revealed that all the Library Professionals and Research Scholars are aware about Intellectual Property Rights (IPRs) well as only 67.5% library professionals and 54.54% research scholars are aware about Digital Rights Management (DRM) in the faculty of social science. The study suggests different orientation programs for Library professionals and Research Scholars to make them aware about t...
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soumen mallik
Creative Books
ajit faras , Parameshwar S H I V L I N G Kempegouda
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1For general introductions to economic analysis of contract law, see for example Posner 1998, chapter 4, and Shavell 1998. Chapter 13 - Page 2 is only: the wedding photographer either becomes ill, or he does not), in which case we can well imagine a completely specified contract.
both the justification of contract law and the basis of many of its incidents."1 "Everything has been thought of before, the task is to think of it again."2 The thesis of this work is that a will theory explains the core of the common law of contract. A will theory of contract has as its central explanatory idea the mutual
The thesis will also bring to the fore the general reasons why the doctrine is regarded as essential in the law of contract. This thesis advocates for the relaxation of the privity doctrine ranging from social contracts to commercial contracts in order to identify the appropriate elements of minimising the negative
A contractor agreed to build a. house for $77,000. 222 The contract called for the last payment to be made. only after the architect certified that the house had been built to. specification. 223 ...
Download Free PDF. Download Free PDF ... This inquiry also clarifies why decades of insightful theoretical work have failed to establish the supremacy of any contract theory. The Article's main thesis in this respect is that the continuing struggle between different contract theories is isomorphous to the battle of aesthetics that rages in the ...
Contract Law provides a fresh, topical and accessible account of the Australian law of contract, and is an invaluable resource for contract law students and practitioners. Andrew Stewart is the John Bray Professor of Law at the University of Adelaide and works as a consultant with the national law rm Piper Alderman. Warren Swain
Thesis submitted in partial fulfilment of the requirements for the degree Doctor Legum in the Department of Legal History, Comparative Law and Jurisprudence ... argues that the South African law of contract not only reflects the fundamental contradiction profoundly, but also privileges and works to sustain the individualism/rule position. This ...
A THESIS SUBMITTED IN SATISFACTION OF THE REQUIREMENTS OF THE DEGREE OF DOCTOR OF PHILOSOPHY THE UNIVERSITY OF ADELAIDE SCHOOL OF LAW 2019 . ii . ... reforming Australian contract law. Though the 2012 Discussion Paper attracted 58 insightful and closely-argued submissions along with a number of thoughtful papers, there nonetheless ...
Conflict and Contract Law This article examines an under-explored reason to have contract law: conflict minimization. An important function of contract law, the article contends, is to diminish the wasted time, ... violence'.13 The doux-commerce thesis is a claim about markets rather than about contract law. But to the extent that contract ...
To develop the argument the thesis studies the contract law remedial regime of two common law and one civil law jurisdiction - the US, England and Bulgaria, in two specific contracts - the sale-of-goods and the construction contract. ... Gramcheva_2015.pdf Size: 4.487Mb Format: PDF Description: Embargoed until 2019. Download. Collections ...
2.6 Formalities prescribed by law. The law requires certain types of contract to be in writing and to be signed by the parties involved in order for the contract to be regarded as valid and enforceable. Failure to comply with the prescribed formalities in such an instance will render the contract void ab initio.41.
68. Cf. RESTATEMENT (SECOND) OF CONTRACTS § 23 cmt. d ("This is a matter of interpretation; theoretically, just as the offeror may assent in advance to an acceptance, so each of two offerors could assent in advance to a cross-offer."). Suppose two people agree simultaneously to a contract in person.
Contracts can be sometimes deemed as legal contracts, the thesis will focus in particular on the formal requirements provided for by contract law and the way law could solve the legal issues arising from the relationship between Smart Contracts and the abovementioned requirements.
services and capital and also contracts concerning financing. The thesis focus on the general rules of contract law, and does not as a main rule make distinctions between different types of contracts or contract areas, unless there are obvious deviations from the normal understanding of the terms within certain types of contracts or contract areas.
Contract Negotiations and the Common Law: A Move to Good Faith…. contract to the detriment of the consumer. 14 While controv ersial when introduced, 15. "good faith" has been part of English ...
Abstract: This dissertation explores various legal theories, doctrines, and principles on consensus, and, to this end, highlights the significance of consensus, being one of the requirements for a valid contract, as the basis for contractual liability in South Africa. It, further, canvasses, the significance of consensus on the interpretation ...
A basic knowledge of how contracts are interpreted in other legal systems is not only of interest to the comparatist, but also of enormous relevance for practising lawyers. If a foreign law is ...
Worldmaking powers of law and performance: queer politics beyond/against neoliberal legalism . Prado Fernandes, André (The University of Edinburgh, 2022-12-15) This thesis examines the worldmaking powers of the law and of performances, two crucial sites/strategies of historical importance for LGBT and queer activists and artists.
The principle on which this thesis is based on is that including good faith as a stand-alone requirement in the South African law of contract will have important consequences. This includes developing our contract law to bring it in accordance with the principles of our Constitution and African values.
Abstract: This dissertation discusses the evolvement of Chinese Contractual law and establishes as to whether it converges or has any similarity with any Western legal norms and standards. I will view the recent history and early sources of Chinese law as influenced by political changes and tradition; as well as the influence of international ...
This mini-dissertation explores the South African law of contract as influenced by the National Credit Act 34 of 2005. The National Credit Act has brought about a new era of consumer credit regulation and practice, which has introduced comprehensive changes to the consumer credit industry, as well as the law of contract.
3 Contract under Islamic law: it is an engagement and agreement between two parties in a legally accepted, impactful and binding manner.5 Subject-matter under Common law: The subject-matter of a contract is the issue presented for consideration, the thing in which a right or duty has been asserted, or the thing in dispute.6 Subject-matter under ...