Edinburgh Research Archive
- ERA Home
- Law, School of
Law thesis and dissertation collection
By Issue Date Authors Titles Subjects Publication Type Sponsor Supervisors
Search within this Collection:
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.
This material is presented to ensure timely dissemination of scholarly and technical work. Copyright and all rights therein are retained by authors or by other copyright holders. All persons copying this information are expected to adhere to the terms and constraints invoked by each author's copyright. In most cases, these works may not be reposted without the explicit permission of the copyright holder.
Recent Submissions
Challenges and limitations of granting legal personality to distributed/decentralized autonomous organizations , development of international shipping standards under the auspices of the imo and their implementation in practice: a case study of thailand , adequacy of the ex post armed attack framework of the jus ad bellum in relation to the evolving means and methods of warfare , governing disputed maritime areas , what we say when we criminalise: a metanormative inquiry , testamentary law in england, c. 1450-1540 , sovereign immunity from execution of foreign arbitral awards in the 21st century , conceptualizations of addiction in harm reduction strategies for effective and ethical uk drug policy , liminality and the lived experience of law in medicine: the legal consciousness of physicians in encounters with people living as undocumented migrants , contested citizenship and statelessness in question: an anlysis of cases of overseas taiwanese people and tibetan exiles in taiwan , eternity and the constitution: the promise and limits of eternity clauses , hate speech in the british press: a theoretical and practical assessment of the case for broader regulation , liberty versus security under illiberal constitutionalism: the legality of criminalising humanitarian assistance in hungary and greece , operationalising ‘publicness’ in data-intensive health research regulation: an examination of the public interest as a regulatory device , worldmaking powers of law and performance: queer politics beyond/against neoliberal legalism , development of law of the sea by unclos dispute settlement procedures: towards a coherent jurisprudence , evaluating the european union's response to online misinformation and disinformation: how to address harm while maximising freedom of expression , reconciling reverse burdens of proof with the presumption of innocence: a new approach , uses of roman law in the construction of the concept of possession in the german-speaking countries in the nineteenth century , paths of effectiveness, fairness and legitimacy for eliciting public confidence in policing and cooperation with the police in monterrey metropolitan neighbourhoods .
Academia.edu no longer supports Internet Explorer.
To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser .
Enter the email address you signed up with and we'll email you a reset link.
- We're Hiring!
- Help Center
Subject-Matter of contract under Islamic Law and Common Law: a comparative analysis
Related Papers
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...
Mohamud Ali
Procedia Economics and Finance
Fuad Sawari
soumen mallik
Creative Books
ajit faras , Parameshwar S H I V L I N G Kempegouda
RELATED PAPERS
iranica journal of energy and environment
elizabeth eterigho
Value in Health
Carmen Tucci
European Journal of Clinical Investigation
Nikolaus von Stillfried
Annals of Surgery
Guido Gasparri
Ariyanto SUDI
Sensors and Actuators B: Chemical
Suresh Bhargava
European Research Studies Journal
Olga Bondareva
Water Science & Technology
Études rurales
Jeanpierre Digard
Revue des langues romanes
Françoise Laurent
Panorama Cuba y Salud
Reinaldo Rodríguez Camiño
The Journal of Chemical Physics
Waldemar Głaz
David Buysse
The EuroBiotech Journal
Sanja Kiprijanovska
christin angelina
Produsen Sandal Hotel
nada tusonggama
Gabriel Gachelin
Karla Pérez
Big Data In Agriculture
Journal of the European Academy of Dermatology and Venereology
Luis Requena
Satia Rożynek
Edinho Carpintero
Hachetetepé. Revista científica de Educación y Comunicación
Ingrid Mosquera Gende
Giovanni Alborali
RELATED TOPICS
- We're Hiring!
- Help Center
- Find new research papers in:
- Health Sciences
- Earth Sciences
- Cognitive Science
- Mathematics
- Computer Science
- Academia ©2024
Journal of Corporation Law
State venture capital.
Governments around the world are increasingly shifting economic development expenditures to the support of early-stage businesses. In the United States, state governments have also expanded their development agencies’ mandates from primarily serving as tourism-support operations to now working as engines of small business development. This Article challenges the conventional wisdom driving the creation of state venture capital programs and argues that the structure of state venture capital is deeply flawed. Rather than remedy inequities between states and within states—for instance, in the urban/rural divide that is a feature of most states’ political economies—state venture capital is more likely to perpetuate and even exacerbate inequality. Furthermore, it introduces the potential for waste and corruption that jeopardize governmental legitimacy. From a legal perspective, state venture capital makes use of existing private financing and its accompanying legal infrastructure to channel financing and fill funding gaps, particularly for marginalized entrepreneurs. However, by co-opting private entity forms, it often impairs the administrative mechanisms designed to safeguard public funds. State venture capital also faces daunting market headwinds that make it difficult for venture financing to thrive outside of Silicon Valley and a few other venture capital hubs. Despite these challenges, state venture capital can be structured to give it better odds of success. This Article proposes reforms that can help governments create economic environments in which entrepreneurship is more likely to thrive, governance mechanisms that can foster accountability, and investment selection and contract design features that make it more likely that state venture capital programs will succeed.
IMAGES
VIDEO
COMMENTS
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
2007] CONTRACT AS AGREEMENT 141. contracts are exchange transactions. The Restatement puts it this way in. section 17: "Except as stated in Subsection (2), the formation of a contract. requires ...
46 Yale L J 52), or that a contract is a transfer of rights (Peter Benson, "The Unity of Contract Law" in Peter Benson (ed) The Theory of Contract Law: New Essays (Cambridge University Press, Cambridge, 2001)). 3 Coote "The Essence of Contract: Part II", above n 1, at 195. This is the approach adopted in the
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 ...
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 ...
Honoring the contractual intent of the parties is the central objec- tive of contract law.3Yet despite its theoretical and doctrinal cen-. 1In this Article, we characterize as formalany American contract doctrine that originated in the legal rules developed and strictly enforced by English common law courts.
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 ...
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 ...
Franklin G. Snyder is Professor of Law at Texas A&M University School of Law, where he has taught Contracts and Business Associations since 2000. He also has taught as a visiting professor at the law schools at Notre Dame, Temple University, and the University of Idaho. Prior to entering teaching, he was a partner in the
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
the law of the primary contract. The main goal here is to not only determine the conflict of laws issues in arbitration agreements but also to critically analyse them and provide better alternative approaches. This dissertation seeks to examine the extent to which the two main approaches are executed in practise compared to the uncertainty
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
1. Theories of contract law BrianH.Bix INTRODUCTION Theorizing about contract law has a long history - its origins coincide with the origins of thinking of about contract law as a separate area of law.1 However, there has been a particular flourishing of work (at least in English) on contract theory in recent decades, prompted in large part by
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.
6. Contract. Whether a bargain is a good one or a bad one doesn't affect whether a contract has been formed. (Although in some extreme cases, it may affect whether the law will enforce that contract.) Freedom of contract means that we are all free to make a bad bargain.
Contract and Comparative Law Dissertation Topics. 3rd Oct 2019 Law Dissertation Topic Reference this In-house law team. Contract law is one of the most fundamental topics to engage with should you wish to learn about the law, as it seeps into almost all other areas. Information covered under this topic heading includes the structure of ...
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.
PDF | On Jul 22, 2013, Morgan Finley published Study of Contract Law | Find, read and cite all the research you need on ResearchGate. Thesis PDF Available. Study of Contract Law. July 2013;
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.
MASTER'S DISSERTATION . LL.M . Reamohetswe Portia Senokoane . 2010061915 . University of the Free State . ... operation of law, and not based on the law of contract or the law of agency specifically. 6. 5. 2006 (4) SA 513 (T). 6. Sasfin Bank Ltd v Soho Unit 14 CC t/a Aventura Eiland .
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 ...
This Article proposes reforms that can help governments create economic environments in which entrepreneurship is more likely to thrive, governance mechanisms that can foster accountability, and investment selection and contract design features that make it more likely that state venture capital programs will succeed. Read PDF