civil law – Prosecute Bush Cheney http://prosecutebushcheney.org/ Sun, 17 Apr 2022 08:23:12 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://prosecutebushcheney.org/wp-content/uploads/2021/08/cropped-icon-32x32.png civil law – Prosecute Bush Cheney http://prosecutebushcheney.org/ 32 32 Contemporary Common Law Developments in Contract Law: Implications for Reform in Malaysia – Mary Lim | What you think https://prosecutebushcheney.org/contemporary-common-law-developments-in-contract-law-implications-for-reform-in-malaysia-mary-lim-what-you-think/ Thu, 09 Dec 2021 00:02:10 +0000 https://prosecutebushcheney.org/contemporary-common-law-developments-in-contract-law-implications-for-reform-in-malaysia-mary-lim-what-you-think/ [ad_1] DECEMBER 9 – There is an appointment by His Majesty the King of a person known as the Law Revision Commissioner. This appointment is made under a little-known law called the Law Revision Law of 1968 or Law 1. The Law Revision Commissioner has the primary power and function of reviewing and reprinting all […]]]>


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DECEMBER 9 – There is an appointment by His Majesty the King of a person known as the Law Revision Commissioner. This appointment is made under a little-known law called the Law Revision Law of 1968 or Law 1.

The Law Revision Commissioner has the primary power and function of reviewing and reprinting all laws passed by Parliament and this includes all laws prior to Merdeka.

Revision is essentially an exercise in updating our laws and keeping in our treasury only those laws that are still in force with a language in tandem with current legislation.

One would have thought that this exercise should be done by Parliament or the legislative assemblies of the respective states since all laws are promulgated by Parliament. Under Law 1, this function of reviewing our laws is left in the hands of the Law Review Commissioner.

Here is an example of the powers of the commissioner. The Commissioner may omit from any revised law, for example:

* Any provision which has ceased to have effect;

* Any preamble or part of a preamble of a law;

* Any adoption clause;

* Any part of a law which can be more conveniently included as subsidiary law.

In this revision exercise, the commissioner can even add a long or short title or modify an existing title; provide or modify tables of contents, consolidate or divide into one or more laws; transfer any provision of one statute to another statute to which that provision more correctly belongs; modify, insert or omit punctuation marks.

There is more; a total of about 24 powers. But, there is a strict prescription to all of these powers.

The Commissioner is expressly informed that the powers conferred “should not be interpreted as implying a power to make modifications or modifications to the substance of a law”.

In 2006, I was appointed Commissioner of Law Revision or CLR as the position is more commonly known. But, I wasn’t just the CLR.

Four years earlier, the CLR had taken on an additional portfolio and had become the Law Review and Reform Commissioner. The Research Unit of the Public Prosecutor’s Office is placed under the supervision of the CLR.

Thus, the task of law reform came under the auspices of the CLR. However, until that date, Act 1 and the appointment of the CLR remain unchanged; and I understand that there is yet another research unit at AGC.

Why am I referring to the office of the CLR and the powers granted under Act 1 to the CLR as we are here this morning on the cases of the Contracts Act 1950 and more specifically, the development of contemporary customary law in Malaysia?

Perhaps its relevance will become clearer when we understand the broader intent of this round of talks.

English commercial law was first introduced into the Straits Settlements through the Civil Law Ordinance of 1878. In 1899, the Contract Act, modeled on the Indian Contract Act of 1872, was adopted. then promulgated.

It applied to the four Federated Malaysian States. This law was later extended to the non-federated Malaysian states through the Contracts Ordinance of 1950.

The contracting ordinance was then revised under the powers that I explained a moment ago. With effect from July 1, 1974, the Contracts Ordinance became the Contracts Act 1950 and constitutes Act 137 of the Malaysia series of laws.

The Indian contract law is said to be in fact “a code of English law”. Our contract law should not be viewed any differently. As a Code, one should be able to find all the answers in its pages.

Yet, as you will hear, the contracting parties have repeatedly called upon our courts to the common law for assistance, for development. For example, our provisions on coercion [section 15 of the Contracts Act] are said to be archaic, disregarding commercial realities and pressures, that economic constraint must be properly recognized.

In the recent decision of Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40, [2021] 3 WLR 727, the English courts have even recognized the concept of a lawful act of economic coercion.

Likewise, the concepts or at least the arguments of inequity and unequal bargaining have been left out, namely that our existing article 16 on “abuse of influence” would simply be inadequate to deal with modern quarrels in law and order. conference rooms.

So in Saas Marwi vs. Chan Hwan Hua [2001] 3 CLJ 98, the Court of Appeal suggested that “we should recognize the broader doctrine of unequal bargaining power. We can adopt the English doctrine of unconsciousness in toto ”. The Court of Appeal held that this was a choice available under section 3 of the Civil Law Act 1956. [Act 67].

What about the treatment of illegality as addressed by the Supreme Court in Patel vs. Mirza [2016] UKSC 42 – is it within the scope of article 24? What about the law of restitution, of unjust enrichment?

Does this fall under the law or have we pushed its terms beyond its limits? The recent Federal Court decision in Cubic Electronics Sdn Bhd vs. Mars Telecommunications Sdn Bhd [2019] 6 MLJ 15 has satisfactorily terminated the damages position; is it in tandem with the rest of the other common law jurisdictions.

The contracting parties have repeatedly called on our courts to use the common law for assistance, for development.  - Photo by Yusof Mat Isa
The contracting parties have repeatedly called on our courts to use the common law for assistance, for development. – Photo by Yusof Mat Isa

Another example is electronic transactions. If one looked to the requirements of the law on forming a valid and concluded agreement, and by the time one arrives at it, it is more likely than not that the many parties involved in an electronic transaction or a web contract have already clicked and sent a response via the impossible algorithms.

How many of us have really gone through and read the countless terms and conditions before clicking the “I agree” or “I agree” or even “Pay” button? The fear is that this law of the last century will not be able to resolve the disputes that arise from these e-commerce transactions.

There is certainly more.

It is clear and obvious that the law on contracts needs revision, and swiftly. And the revision of the Law on Contracts, a law that regulates and underpins many fundamental aspects of our daily lives, our businesses, our industry, our government and more; cannot be left to the court. Court observations can be challenged as obiter or worse, by carelessness. There are only limits that the courts can model on the facts in order to do justice.

The revision of our law on contractual obligations to take into account and accommodate developments in Common Law must be undertaken in a responsible manner, through agreement and discourse; extensive, in-depth and refined deliberations by appropriate experts; many of whom are already attending this webinar and those to come in the coming days.

This task fits perfectly into the additional function of the CLR, that of reform. But, as I pointed out at the beginning, this task can, with respect, go beyond the powers of the CLR; certainly not as a review exercise, but as a reform project.

In the UK, reform matters are by statute the responsibility of the Law Reform Commissioner. A sitting judge of the Court of Appeal directs this appointment. Sir Nicholas Green is assisted by an independent and permanent secretariat

In fact, just last week the Law Commission “confirmed that existing law in England and Wales is capable of adapting and applying to smart legal contracts, without the need for reform statutory law. The Law Commission notes that in some contexts a progressive development of the common law is all that is needed to facilitate the use of smart legal contracts within the existing legal framework.

We need this. We need an independent legal commission to undertake all the reforms.

Its urgent work will then be able to integrate all the studies and recommendations which, it is hoped, will result from this series for greater confidence in the evolution of our law of contractual obligations; that law and common law can really be ad ditto.

* Datuk Mary Lim Thiam Suan is a judge at the Federal Court of Malaysia and here is her remarks delivered at the Faculty of Law of the University of Malaysia on December 4th.

** This is the personal opinion of the author or post and does not necessarily represent the views of Malaysian courier.

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Judicial deference, liberty and common law https://prosecutebushcheney.org/judicial-deference-liberty-and-common-law/ Wed, 08 Dec 2021 19:48:00 +0000 https://prosecutebushcheney.org/judicial-deference-liberty-and-common-law/ [ad_1] December 8, 2021 2:48 p.m. ET Photo: Getty Images / iStockphoto In treating the advent of judicial review as a “radical development,” Judge Raymond Kethledge’s review of Randy Barnett and Evan Bernick’s “The Original Meaning of the 14th Amendment” (Bookshelf, November 30) is off to a bad start. privileging the right of autonomy over […]]]>


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December 8, 2021 2:48 p.m. ET


Photo:

Getty Images / iStockphoto

In treating the advent of judicial review as a “radical development,” Judge Raymond Kethledge’s review of Randy Barnett and Evan Bernick’s “The Original Meaning of the 14th Amendment” (Bookshelf, November 30) is off to a bad start. privileging the right of autonomy over that of individual freedom. The power of judges to overrule democratic decisions was at least implicit in the Declaration of Independence, where freedom comes first and self-government second, as a means to freedom, but only within our limits. Written constitution as interpreted by our courts. To consider the contrary is to make the majority judge in its own case and to deprive the Constitution of its power to discipline the people.

As I wrote here decades ago (“Rethinking Judicial Restraint,” op-ed, February 1, 1991), Robert Bork, upon whose authority Justice Kethledge relies, overturned that order. He, like Justice Kethledge, was at times an original on unenumerated rights and the authority of judges to recognize them. Because the text of the Ninth Amendment, although broad, is clear. Rights not listed are not to be “denied or denigrated”, which is precisely what judicial deference does to political branches. Rhythm Judge Kethledge, “not counted” does not mean “absent from the written Constitution”. Like privileges or immunities, due process and equal protection, rights not listed are found in the text of the Constitution. If we were to deny or disparage these general texts, as Bork often did, we would be at the mercy of state legislatures that have banned parish school education, interracial marriage, broad forms of economic freedom and more.

Can judges abuse or disregard their authority? They can and have. But the answer to bad judgment is not judicial deference, as Justice Kethledge has recognized elsewhere. It is better to judge, towards which MM. Barnett and Bernick provided a valuable guide.

Roger Pilon, Ph.D., JD

Caton Institute

Washington

Mr. Kethledge’s review could have presented the argument more appropriately as a duel between customary practice, as articulated by the common law, itself based on case law, and formal written law. When Chief Justice Edward Coke, in The case of Dr Bonham (1610), quoted in the review, declared statutory law “void” if it went against the common law, he observed an empirical truth. The statutes that did so have invariably become dead letters even while remaining on the books. The “privileges and immunities” clause of the 14th Amendment was surely intended to honor common law over statutory formalism, a relationship that modern originalists, drawing on the tradition of Roman civil law, sought to reverse.

Em. Teacher. Albion M. Urdank

University of California, Los Angeles

Copyright © 2021 Dow Jones & Company, Inc. All rights reserved. 87990cbe856818d5eddac44c7b1cdeb8

Appeared in the print edition of December 9, 2021 under the title “Judicial deference, liberty and common law”.

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UAE Indian community welcomes new civil law for non-Muslims https://prosecutebushcheney.org/uae-indian-community-welcomes-new-civil-law-for-non-muslims/ Mon, 08 Nov 2021 08:00:00 +0000 https://prosecutebushcheney.org/uae-indian-community-welcomes-new-civil-law-for-non-muslims/ [ad_1] The UAE Indian community on Monday welcomed the historic new civil law for non-Muslims in Abu Dhabi, the capital and second most populous city in the Gulf country, which was introduced by the emirate in an effort to maintain its competitive advantage as a regional commercial hub and emerge as the most attractive destination […]]]>


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The UAE Indian community on Monday welcomed the historic new civil law for non-Muslims in Abu Dhabi, the capital and second most populous city in the Gulf country, which was introduced by the emirate in an effort to maintain its competitive advantage as a regional commercial hub and emerge as the most attractive destination for talents and skills. In his capacity as ruler of the Emirate of Abu Dhabi, President Sheikh Khalifa bin Zayed Al Nahyan on Sunday promulgated a law regulating personal status matters for non-Muslims in Abu Dhabi to provide a flexible and advanced judicial mechanism. for the determination of status disputes for non-Muslims.

The move, which is the first of its kind in the world, will strengthen the emirate’s position and its global competitiveness as one of the most attractive destinations for talent and skills, the official WAM news agency reported. .

Reacting to the decision, Ipshita Sharma, Sales Manager for the International Edition, called it “an incredible gesture for those of us who consider the UAE to be home.”

“I have been here for 12 years now and I feel more and more that we are included in the country’s narrative despite our religion, nationality and beliefs,” said Sharma, based in Dubai.

According to M Unnikrishnan, a communications professional, Abu Dhabi’s new civil law on marriage, divorce, custody and inheritance for non-Muslims holds promise for its residents.

“By introducing a new legal framework for non-Muslims, the leadership of the UAE has ensured a flexible and advanced judicial mechanism aligned with international practices,” he said.

For Abu Dhabi-based Unnikrishnan, the announcement of the reforms as the UAE celebrates its Golden Jubilee celebrations is another milestone in the nation’s history.

“Bilingual legal procedures, the right to divorce, equal rights of partners in child custody, special courts dedicated to non-Muslim family matters, etc., are some of the features of the reform, guaranteeing the transparency in the respect of rights ”, he mentioned.

“Linked to the legal overhaul of November last year, the new measures will protect the rights of all concerned,” Unnikrishnan said.

Kevin Bayan, a Philippine national, who works in the health sector in Abu Dhabi, said the new set of rules would make civil cases less complex.

“It will therefore be a blessing for residents and expatriates, living longer in the country. The flexibility, priority and advanced approach taken in formulating the new law are commendable,” he said.

“Over the years, the UAE has paid attention to residents to ensure that their rights and needs are taken into account. I believe that aspects of the law regarding marriage, divorce and custody children are advanced and able to guarantee the rights of individuals and their children, ”he added.

Chandrashekhar Bhatia, of the Dubai-based Maharashtra Business Forum, said the law was good for the country.

“This is very useful for non-Muslims because in case of child custody, both parties will now be responsible for the care of their children. The community should welcome this,” he said.

An Indian technician living in Abu Dhabi said details related to the new law are still not known.

“We should wait for more details to emerge. With regard to inheritance law specifically, I’m looking at how this will play out alongside Indian inheritance law. Suppose one owns property in UAE and India, but without a will, ”he said. said on condition of anonymity.

The law, which is in line with international best practices, guarantees the right of non-Muslims to be subject to internationally recognized law with which they are familiar in terms of culture, customs and language, according to an article in the Khaleej Times.

It will also help protect the best interests of the children, especially in the event of parental separation, he said.

The move will further strengthen the emirate’s position and its global competitiveness as one of the most attractive destinations for talent and skills, he said.

The law consists of 20 articles divided into several chapters covering civil marriage, divorce, joint custody of children and inheritance, according to the WAM report.

Youssef Saeed Al Abri, undersecretary of the Abu Dhabi Judicial Department (ADJD), said the new legislation is the first of its kind in the world because it deals with the smallest details regarding non-Muslim family life.

The new law applies civil principles in the regulation of family matters, Al Abri said, as quoted by the state news agency.

He also announced the creation of the first court dedicated to non-Muslim family matters, which would be in both English and Arabic in order to facilitate the understanding of legal proceedings by foreigners and to improve judicial transparency.

Al Abri added that the Abu Dhabi Judicial Department strives to provide innovative solutions to the personal status issues of non-Muslims that are brought before the courts, after studying and analyzing them and working to find sophisticated legislative solutions. which provide a modern judicial framework for foreigners residing in the Emirate of Abu Dhabi to resolve family disputes flexibly in accordance with international best practices, Gulf News reported.

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UAE Indian community welcomes new civil law for non-Muslims: The Tribune India https://prosecutebushcheney.org/uae-indian-community-welcomes-new-civil-law-for-non-muslims-the-tribune-india/ Mon, 08 Nov 2021 08:00:00 +0000 https://prosecutebushcheney.org/uae-indian-community-welcomes-new-civil-law-for-non-muslims-the-tribune-india/ [ad_1] Abu Dubai, November 8 The UAE Indian community on Monday welcomed the historic new civil law for non-Muslims in Abu Dhabi, the capital and second most populous city in the Gulf country, which was introduced by the emirate in an effort to maintain its competitive advantage as a regional commercial hub and emerge as […]]]>


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Abu Dubai, November 8

The UAE Indian community on Monday welcomed the historic new civil law for non-Muslims in Abu Dhabi, the capital and second most populous city in the Gulf country, which was introduced by the emirate in an effort to maintain its competitive advantage as a regional commercial hub and emerge as the most attractive destination for talents and skills.

In his capacity as ruler of the Emirate of Abu Dhabi, President Sheikh Khalifa bin Zayed Al Nahyan on Sunday promulgated a law regulating personal status matters for non-Muslims in Abu Dhabi to provide a flexible and advanced judicial mechanism. for the determination of status disputes for non-Muslims.

The move, which is the first of its kind in the world, will strengthen the emirate’s position and its global competitiveness as one of the most attractive destinations for talent and skills, the official WAM news agency reported. .

Reacting to the decision, Ipshita Sharma, Sales Manager for the International Edition, called it “an incredible gesture for those of us who consider the UAE to be home.” “I have been here for 12 years now and I feel more and more that we are included in the country’s narrative despite our religion, nationality and beliefs,” said Sharma, who is based in Dubai.

According to M Unnikrishnan, a communications professional, Abu Dhabi’s new civil law on marriage, divorce, custody and inheritance for non-Muslims holds promise for its residents.

“By introducing a new legal framework for non-Muslims, the leadership of the UAE has ensured a flexible and advanced judicial mechanism aligned with international practices,” he said.

For Abu Dhabi-based Unnikrishnan, the announcement of the reforms as the UAE celebrates its Golden Jubilee celebrations is another milestone in the nation’s history.

“Bilingual legal procedures, the right to divorce, equal rights of partners in matters of child custody, special courts dedicated to non-Muslim family matters, etc. noted.

“Linked to the legal overhaul of November last year, the new measures will protect the rights of all concerned,” Unnikrishnan said.

Kevin Bayan, a Philippine national, who works in the health sector in Abu Dhabi, said the new set of rules would make civil cases less complex. “It will therefore be a blessing for residents and expatriates, living longer in the country. The flexibility, priority and advanced approach taken in formulating the new law are commendable,” he said.

“Over the years, the UAE has paid special attention and attention to residents to ensure that their rights and needs are taken into account. I believe that the aspects of the law relating to marriage, divorce and child custody are advanced and capable of guaranteeing the rights of individuals and their children, ”he added.

Chandrashekhar Bhatia, of the Dubai-based Maharashtra Business Forum, said the law was good for the country.

“This is very useful for non-Muslims because in case of child custody, both parties will now be responsible for the care of their children. The community should welcome this,” he said.

An Indian technician living in Abu Dhabi said details related to the new law are still not known.

“We should wait until more details emerge. When it comes to inheritance law specifically, I’m looking for clarification on how this will work alongside Indian inheritance law. Suppose we have property in the United Arab Emirates and India, but without a will, ”he said on condition of anonymity.

The law, which is in line with international best practices, guarantees the right of non-Muslims to be subject to internationally recognized law with which they are familiar in terms of culture, customs and language, according to an article in the Khaleej Times.

It will also help protect the best interests of the children, especially in the event of parental separation, he said.

The move will further strengthen the emirate’s position and its global competitiveness as one of the most attractive destinations for talent and skills, he said.

The law consists of 20 articles divided into several chapters covering civil marriage, divorce, joint custody of children and inheritance, according to the WAM report.

Youssef Saeed Al Abri, undersecretary of the Abu Dhabi Judicial Department (ADJD), said the new legislation is the first of its kind in the world because it deals with the smallest details regarding non-Muslim family life.

The new law applies civil principles in the regulation of family matters, Al Abri said, as quoted by the state news agency.

He also announced the creation of the first court dedicated to non-Muslim family matters, which would be in both English and Arabic in order to facilitate the understanding of legal proceedings by foreigners and to improve judicial transparency.

Al Abri added that the Abu Dhabi Judicial Department strives to provide innovative solutions to the personal status issues of non-Muslims that are brought before the courts, after studying and analyzing them and working to find sophisticated legislative solutions. which provide a modern judicial framework for foreigners residing in the Emirate of Abu Dhabi to resolve family disputes flexibly in accordance with international best practices, Gulf News reported. – PTI

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Roz Boynton: A defense of automatism has no place in civil law https://prosecutebushcheney.org/roz-boynton-a-defense-of-automatism-has-no-place-in-civil-law/ https://prosecutebushcheney.org/roz-boynton-a-defense-of-automatism-has-no-place-in-civil-law/#respond Tue, 02 Nov 2021 13:23:40 +0000 https://prosecutebushcheney.org/roz-boynton-a-defense-of-automatism-has-no-place-in-civil-law/ [ad_1] Roz Boynton: A defense of automatism has no place in civil law Posted November 2, 2021 Roz boynton Shockwaves reverberated through the cycling community recently when a jury handed down an ‘unproven’ verdict against car driver Jordan McDowall following a trial in Glasgow High Court. The 21-year-old was acquitted of causing the death of […]]]>


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Roz Boynton: A defense of automatism has no place in civil law



Roz boynton

Shockwaves reverberated through the cycling community recently when a jury handed down an ‘unproven’ verdict against car driver Jordan McDowall following a trial in Glasgow High Court.

The 21-year-old was acquitted of causing the death of 51-year-old cyclist Kevin Gilchrist by reckless driving. Mr Gilchrist, husband and father of three, was killed in 2018.

Jordan McDowall pleaded not guilty to causing death by dangerous driving, saying she had no recollection of the incident and that there was a gap in her memory.

Many in the Scottish cycling community have questioned whether the jury’s decision means you can get away with anything just by saying you don’t remember the incident. This was not a case where the driver claimed she was suffering from a new or sudden medical condition that she was not aware of before – she said she just couldn’t remember of what had happened and explained that there was a “space” in his memory.

Colin Allanach, President of Scottish Cycling Grampian and Grampian Cycle Partnership, said: “Is the season open to cyclists now?” and, as a cyclist myself, it’s hard not to agree with him.

While the ruling is controversial, the legal defense behind it may be even more so and has not been widely reported in coverage of the case. In criminal law, to be convicted of most crimes, it must be shown that you have criminal intent – either through malice or recklessness. However, if it can be shown that the accused was not in control of his actions through no fault of his own and has no knowledge of the incident, then a defense of automatism will be invoked and may be sufficient to obtain the acquittal.

Automatism is one of the six Special Crime Defenses in Scotland (along with Self Defense, Necessity, Alibi, Criminalization and Insanity). Automatism is when someone unwittingly loses control of their body through no fault of their own. For example, if a driver with no medical history, suddenly and without warning, suffers an unexpected epileptic seizure while driving and kills or injures another road user, he could use the automatism defense against criminal charges.

While automatism is a defense to criminal charges, what is its place in civil law? Is it fair and just that it can also be used as a full defense in civil cases, thus refusing to compensate those injured or bereaved by a driver who had no control over his actions at the time of the collision?

In civil damages cases, the onus is on the injured party to establish negligence. There can be no negligence if a driver’s action is unintentional. This means that compensation can be denied to injured parties through no fault of their own. Take the same example above, where the driver who suffers from an unexpected epileptic seizure causes a young woman’s life-changing injuries, meaning she will suffer her entire life and never work again. The driver is fully insured and yet, despite a valid insurance policy, the young woman cannot recover compensation for her injuries and losses.

When automatism is invoked in a civil case, it is up to the defender, often an insurer, to establish that his policyholder was not in control of his actions. Careful investigation of these cases can defeat the defense of automatism often by reviewing medical records and a detailed investigation of a driver’s general health in the days leading up to the collision. However, I would say that in a legal system where there is already compulsory insurance for drivers, the defense of automatism should be removed for civil cases, to allow those injured through no fault of their own to obtain compensation for their injuries and tragically, as was the case with Kevin Gilchrist’s family, the loss of loved ones.

Roz Boynton is a partner at Road Traffic Accident Law (Scotland) LLP

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Civil Law Approach to Corporate Fraud – Criminal Law https://prosecutebushcheney.org/civil-law-approach-to-corporate-fraud-criminal-law/ https://prosecutebushcheney.org/civil-law-approach-to-corporate-fraud-criminal-law/#respond Fri, 13 Aug 2021 07:00:00 +0000 https://prosecutebushcheney.org/civil-law-approach-to-corporate-fraud-criminal-law/ [ad_1] Netherlands: Civil law approach to corporate fraud August 13, 2021 L&E ​​Global To print this article, simply register or connect to Mondaq.com. Marcus Draaisma and Lydia Milders have particular expertise in the proper resolution of fraud cases on boards of directors and in the workplace. The civilian approach to corporate fraud has proven to […]]]>


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Netherlands: Civil law approach to corporate fraud

To print this article, simply register or connect to Mondaq.com.

Marcus Draaisma and Lydia Milders have particular expertise in the proper resolution of fraud cases on boards of directors and in the workplace. The civilian approach to corporate fraud has proven to be effective and is gaining popularity over the criminal approach. With the approach of corporate fraud, the seizure of evidence is increasingly used. Find out more in our new brochure on the civil approach to corporate fraud with the capture of evidence as an effective tool.

To view or download this brochure, please click here.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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Dean, Faculty of Law (Common Law Section) employment with the University of Ottawa https://prosecutebushcheney.org/dean-faculty-of-law-common-law-section-employment-with-the-university-of-ottawa/ https://prosecutebushcheney.org/dean-faculty-of-law-common-law-section-employment-with-the-university-of-ottawa/#respond Mon, 12 Jul 2021 07:00:00 +0000 https://prosecutebushcheney.org/dean-faculty-of-law-common-law-section-employment-with-the-university-of-ottawa/ [ad_1] Opportunities and challenges As the largest and one of the leading law schools in Canada, the Faculty of Law (Common Law Section) will welcome its next dean as a dynamic and transformative leader who will work collaboratively within the Faculty and of the University to achieve the ambitious goals of the Common Law Section’s […]]]>


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Opportunities and challenges

As the largest and one of the leading law schools in Canada, the Faculty of Law (Common Law Section) will welcome its next dean as a dynamic and transformative leader who will work collaboratively within the Faculty and of the University to achieve the ambitious goals of the Common Law Section’s Strategic Plan, Excellence, Leadership and Community: Strategic Plan 2019-2024, in line with the University’s plan, Transformation 2030, to improve its reputation as a world-class destination for legal education and research.

As the only law school to offer a common law degree in English and French, its bilingual character is a fundamental feature of the Common Law Section. With calls to action emanating from the Truth and Reconciliation Commission, the Faculty is compelled to show leadership in the field of tri-legal legal research and education. As restrictions are lifted, the COVID-19 pandemic presents a unique opportunity for the new dean to lead the Faculty to innovate and improve in the areas of academic programming, student experience and research.

Responsibilities

Reporting directly to the President and Vice-President for Academic Affairs, the Dean is an integral part of the University’s senior management team. The Dean is responsible for overseeing all aspects of the internal administration of the Faculty and represents the Faculty nationally and internationally. The Dean provides inspiring leadership to enhance the Faculty’s regional, national and international reputation and works with the Faculty’s leadership team to define the strategic vision and priorities for the next phase of its development. As Director and Ambassador of the Faculty, the Dean also represents and promotes it to external stakeholders, including the legal profession, alumni and supporters, and should play an active role in fundraising to support activities. and the projects of the Faculty.

The Faculty of Law at the University of Ottawa is known for its influence on policy and law at the provincial and federal levels, and professors regularly appear before parliamentary committees and as legal advisers in appeal and judicial hearings. the Supreme Court of Canada. The Dean should be committed to raising public awareness and engaging with the community, expanding the scope of the faculty through public service, knowledge mobilization, and dynamic engagement with local and global communities.

The successful candidate will motivate the university community to strive for exceptional teaching and research accomplishments, recruit and retain exceptional faculty and students, and attract funding from a variety of sources, thereby enabling the Faculty to increase its position on nationally and internationally. stage.

Profile

The Dean will have an impressive record of scholarly achievement combined with significant administrative experience and demonstrated effectiveness as a leader. The Dean will have strong interpersonal and communication skills and will have experience in interdisciplinary and interdisciplinary academic and research programs.

Experience and key skills

Knowledge and experience

  • A graduate degree in common law or a related discipline, or relevant experience in the legal profession
  • Knowledge and understanding of research-intensive universities and the unique mission of common law schools, and legal education as a professional program, within these institutions
  • Interdisciplinary vision and perspective to collaborate with other units of the University in the development of innovative programs and projects
  • Strategic vision and inspiring leadership, coupled with a proven ability to nurture strong relationships, foster collaboration, and engage stakeholders and colleagues through innovation and community engagement
  • Knowledge and experience of the legal profession and how best to align and promote compatibility of the educational goals of the Faculty and the profession
  • A proven commitment to:
    • specific calls to action from the Truth and Reconciliation Commission concerning law schools and legal education
    • all aspects of equity, diversity and inclusion, including ongoing work on anti-racism within the Faculty of Law
    • bilingualism and support for common law programs in English and French
    • mental health and well-being as fundamental values ​​within the Faculty
  • An experienced manager with a proven track record in change management, innovative and entrepreneurial initiatives and large-scale projects
  • An understanding and appreciation of the responsibility for budget management and fiscal sustainability
  • Relevant experience in fundraising and interacting with the philanthropic community

Skills and personal qualities

  • Dynamic and transformational leadership capacity
  • Empathetic, collaborative, unifying and inclusive leadership style in the interaction with students, professors, staff, alumni and all stakeholders of the Faculty
  • A strong commitment to higher education and its importance for social, cultural and economic development
  • Excellent teamwork, teamwork and negotiation skills
  • Entrepreneurial and decisive spirit
  • Imagination, tact, diplomacy and political acumen
  • Humility and eagerness to support staff and faculty in pursuing their own aspirations to succeed
  • Strong skills in organizing, planning and managing priorities
  • Ability to focus on strategic objectives, innovate and mobilize resources and promote change
  • Ability to develop productive partnerships with other faculties and external stakeholders
  • A keen interest in students and a strong desire to engage in campus life and improve the student experience
  • Proven ability to communicate clearly and convincingly with different audiences
  • Demonstrable commitment to fostering a work environment based on inclusion, respect and recognition
  • Bilingualism in English and French at a professional level is a requirement for this position.

University of Ottawa

Located on the unceded ancestral territory of the Algonquin Nation, the University of Ottawa is a leading research university offering a full range of academic programs. Founded in 1848, today it is the largest bilingual French-English university in the world, with nine faculties and 45,000 students enrolled in its undergraduate, graduate and postdoctoral programs. It is among the top 10 research universities in Canada and ranks 145th in the Times Higher Education World University Rankings.

To learn more about the University of Ottawa, visit our website.

Faculty of Law (Common Law Section)

With more than 1,100 students, the Common Law Section of the University of Ottawa is the largest law school in Canada and the only one in the world to offer common law programs in English and French (JD anglais, JD French and JD – National Program, and a variety of combined programs). The Faculty is located within walking distance of the Parliament of Canada, the Supreme Court of Canada and several courts and tribunals, the Faculty has access to decision makers and legal experts who render the student experience of the University of Unique Ottawa. The Faculty of the Common Law Section includes many nationally and internationally recognized academics, including two Canada Research Chairs focusing on technology and law, six University Research Chairs and five Endowed Chairs and Emeritus Professors, including the Hyman Soloway Chair in Business and Commercial Law, the Neuberger-Jesin International Conflict Resolution Chair and the Shirley Greenberg Professor of Women and the Legal Profession.

The Common Law section offers specializations in Law and Technology, International Law, Health Law, Environmental Law, Public Law, Indigenous Legal Studies, Social Law and Justice, and Dispute Resolution, and is recognized globally for teaching and research of these specialties. . The Common Law Section is particularly noted for its success in international moot court competitions and “hands-on” legal clinics for students, including the University of Ottawa Legal Clinic, the uOttawa Environmental Law Clinic. Ecojustice, Samuelson-Glushko Canadian Policy and Public Interest Clinic, University of Ottawa Business Law Clinic, Human Rights Research and Education Center and Ian G. Scott. The result is a vibrant law school offering programs and internships that are unique to Canada, and particularly relevant to the issues facing today’s society.

Graduate studies at the Faculty of Law (Common Law Section) are offered in conjunction with the Faculty of Law (Civil Law Section) and provide rich opportunities for comparative legal research in Canada’s two official languages.

Application

If you think you match the profile we are looking for, please complete the application form and attach your CV and a cover letter. We treat all information received in the strictest confidence. We thank in advance all those who apply. Review of nominations, nominations and expressions of interest will begin immediately and continue until an appointment is made.

The University of Ottawa is an equal opportunity employer. We strongly encourage applications from women, Aboriginal people, people with disabilities and members of visible minorities. In accordance with the requirements of Citizenship, Refugees and Immigration Canada, all qualified persons are invited to apply.
However, preference will be given to Canadian citizens and permanent residents.

The University of Ottawa is proud of its 160-year tradition of bilingualism. At the time of their appointment, members of senior management must have the ability to function in a bilingual environment (French and English).

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Civil Law Court adjusts hearing in Bilities child custody case https://prosecutebushcheney.org/civil-law-court-adjusts-hearing-in-bilities-child-custody-case/ https://prosecutebushcheney.org/civil-law-court-adjusts-hearing-in-bilities-child-custody-case/#respond Fri, 09 Jul 2021 07:00:00 +0000 https://prosecutebushcheney.org/civil-law-court-adjusts-hearing-in-bilities-child-custody-case/ [ad_1] By Winston Parley The Monrovia Civil Law Court made an adjustment on the day it hears Mr Sidike Musa Bility’s claim for permanent custody of his two minor children from his divorced wife Warti Nancy Robinson – Bility after the court found that Nancy had not filed her statement (response) to Sidike’s information invoice. […]]]>


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By Winston Parley

The Monrovia Civil Law Court made an adjustment on the day it hears Mr Sidike Musa Bility’s claim for permanent custody of his two minor children from his divorced wife Warti Nancy Robinson – Bility after the court found that Nancy had not filed her statement (response) to Sidike’s information invoice.

Mr Bility’s lawyers have asked the court to grant him full and permanent custody of his two minor children given that their mother Nancy does not have a favorable relationship with emotional, psychological, mental, physical, stability and health. child welfare and Safety.

Her lawyers claimed that after the parties were granted the divorce, Nancy celebrated on Facebook with her friends and even scrolled her pregnant belly on Facebook around the world, adding that it was only fitting that the court grants Bility permanent custody of the children.

However, the court indicated, during the appeal of the case for the hearing of the intelligence letter on Thursday, July 8, 2021, that it had found that Nancy’s counsel had not filed their return. on the information invoice.

As a result, the court postponed the hearing from Thursday to Monday, July 12, 2021 at 9 a.m., as it said the case was about the interests and welfare of innocent children.

He added that he was interested in going into the details of the case so that his judgment or opinion could be based on informed information, revealing that the Respondent had just filed her statement and that she was not. still in the possession of the court.

Bility complained that the shared custody arrangement between him and Nancy was not working in the best interests of the children.

He said that from the start of the shared custody arrangement until he filed the information bill, Nancy constantly took the children to school very late or at times failed to take them to. school every Monday, claiming that this behavior continued into the month of March.

He said that as a result of the divorce action he had previously filed against Nancy, he filed for temporary custody with the court and was granted on January 20 of this year to take temporary custody. custody of the children, pending the final decision of the main divorce action.

But Bility said Nancy handed over the children on February 15, 2021 when she was delighted, despite court orders to hand them over immediately.

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Why common law legal systems are better for business https://prosecutebushcheney.org/why-common-law-legal-systems-are-better-for-business/ https://prosecutebushcheney.org/why-common-law-legal-systems-are-better-for-business/#respond Mon, 21 Jun 2021 07:00:00 +0000 https://prosecutebushcheney.org/why-common-law-legal-systems-are-better-for-business/ [ad_1] When businesses have the option of choosing contract law for their transactions, they should always consider using a common law jurisdiction, in which the UK is preeminent, even for cross-border transactions and transactions with few connections. with the United Kingdom. The common law is based on precedents which are the product of contradictory argumentation […]]]>


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When businesses have the option of choosing contract law for their transactions, they should always consider using a common law jurisdiction, in which the UK is preeminent, even for cross-border transactions and transactions with few connections. with the United Kingdom.

The common law is based on precedents which are the product of contradictory argumentation and of an adaptation to the evolution of the business environment, while the codes provided for by the civil law courts attempt to lay down rules for every situation that may arise and require the parties to take this approach. This brings benefits for the common law in three key areas:

1) It is flexible and open to innovation

This is particularly important for companies operating in innovative sectors such as technology and financial services. Courts try to find logical solutions to new problems by building on existing case law without having to wait for new legislation. The law can adapt quickly to unforeseen business innovation by lawmakers in a way that more prescriptive and controlling civil law systems cannot. The freedom for parties to agree on what they want (subject to limited exceptions to prevent exploitation) contrasts with the goal of uniformity in the civil code. In addition, the common law recognizes the concept of trust which brings another weapon to its flexible arsenal.

2) Certainty

The very “reasoned” method of statutory interpretation in civil law systems (such as that of the EU) can lead to unpredictability and inconsistency between different judges. In contrast, the emphasis on legal precedents in common law systems allows businesses to predict legal outcomes with a much higher degree of certainty.

3) Highly skilled and impartial dispute resolution

The UK has an independent and impartial judiciary which is bound by precedents set by the most experienced and competent judges. Additionally, there are few restrictions on access to the UK for overseas-based law firms, which means that many of the world’s leading international law firms practice in London.

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Austria: Civil Law Aspects of Selling a Token – A Random Selection https://prosecutebushcheney.org/austria-civil-law-aspects-of-selling-a-token-a-random-selection/ https://prosecutebushcheney.org/austria-civil-law-aspects-of-selling-a-token-a-random-selection/#respond Wed, 02 Jun 2021 07:00:00 +0000 https://prosecutebushcheney.org/austria-civil-law-aspects-of-selling-a-token-a-random-selection/ [ad_1] If you follow our NFT Self-Experience, you already know what an NFT is and what it stands for. If not, you might want to know more. The following article deals with a first random choice in civil law, contractual aspects to be precise, which the authors say are worth considering before buying (or selling) […]]]>


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If you follow our NFT Self-Experience, you already know what an NFT is and what it stands for. If not, you might want to know more. The following article deals with a first random choice in civil law, contractual aspects to be precise, which the authors say are worth considering before buying (or selling) your first NFT. However, given the novelty of the underlying technology, there is room for dissenting opinions.

1. Random subject 1: Which law applies?

If a potential NFT collector delves deep into the world of NFTs, they will hardly ever stick to their home territory. NFTs are generally traded on online platforms. Buyers and sellers are often from different countries. Payment may even be required in cryptocurrency rather than in a state currency. Thus, the agreement that is about to be concluded when purchasing a TVN is “international”. In a preliminary step, the applicable law should be assessed.

General rules

Private international law deals with the question of which national legal system is to be applied to an international dispute. The purpose of conflict of law rules is clear: in disputes with a “foreign connection”, a judge is not allowed to choose discretionary principles to decide that issue but must apply the laws of a specific legal system. To add to the complexity, a distinction must be made between the laws of obligations (Schundrecht) and property law (Sächenrecht) aspects of the case.

In Austria, this question is mainly answered either by the EU “Rome I” regulation or by the Austrian law on private international law (“IPRG”). In terms of the laws of obligations (Schundrecht), the application of these rules (most likely) leads to the law of the country where the seller resides (for purchase contracts) or the service provider (for service contracts).

In real estate law (Sächenrecht), the general catch-all1 of the IPRG applies. According to her, the “closest relation to the case” decides the question of which law is applicable. In practice, this assessment is naturally quite difficult, especially given the decentralized design of the blockchain.

The good news is that sometimes there is an easy way out, because instead of these complex rules, the parties are also free to agree on the applicability of a specific law. Such a choice of law clause is frequently included in the general conditions (GTC). However, this freedom to choose the law finds its limits in the field of consumer protection.2 If a consumer concludes the contract, any national provision of his country of residence favoring the consumer prevails over any “chosen” provision provided that the entrepreneur (i) carries out his professional or commercial activity in the state where the consumer has his residence usual; or (ii) directs such activity in any way to that State or to more than one State, including that State, and the contract falls within the scope of that activity.

In summary, a choice of law seems useful when it comes to NFT transfers. Before any transaction, it should be carefully checked whether and which T & Cs are concluded and what these T & Cs say about applicable law.

2. Random topic 2: Speaking of consumer protection…

2.1. … What agreement is reached?

In addition to the above, the specific provisions of the Austrian Distance Selling Act (Fern- und Auswärtsgeschäfte-Gesetz) could apply. The Distance Selling Act (and the underlying European Directive, Directive 2011/83 / EU) regulates certain aspects of distance, off-premises and on-site agreements between consumers and merchants. Distance selling seems obvious. In accordance with the legal opinion in force, the Distance Selling Act covers purchase contracts (Kaufverträge), exchange agreements (Tauschverträge) and service contracts (Dienstleistungsverträge). Thus, if a merchant sells an NFT to a consumer, the Distance Selling Act will apply whether the payment is made in cryptocurrency (which would indicate the conclusion of an exchange agreement) or in fiat currency ( which would indicate the conclusion of a purchase contract). One could even argue that the agreement reached is a service agreement, since the NFT is not really transferred but only the attribution of ownership is changed by adding a new bulk transaction to the blockchain. A service contract within the meaning of the Distance Selling Act is defined as “any contract other than a purchase contract under which the trader provides or undertakes to provide a service to the consumer and the consumer pays or undertakes to pay the price thereofThe questionable NFT vendor undertakes to provide the service to “trigger” the change of ownership in the blockchain. The consumer pays the price.

2.2. … How to manage the rights of withdrawal?

The law on distance selling aims to ensure the transparency of information, in particular pre-contractual information, which will be provided to consumers. When selling NFT, the seller is advised to recheck these transparency obligations. The Distance Selling Act also guarantees consumers’ right of withdrawal. This topic requires special attention, because once an NFT is sold, the attribution of the NFT to the buyer is recorded in the blockchain. Since the blockchain is designed to be irreversible, opt-out rights can pose some problems (although there are workaround options).

In general, under distance selling law, a consumer usually has the right to withdraw from a distance or off-premises contract without giving a reason within (at least) 14 days. However, the right of withdrawal has certain limits. With regard to an NFT purchase, two exceptions could potentially be invoked:

  • there is no right of withdrawal under the Distance Selling Act with regard to “the supply of goods or services whose price depends on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period“; and
  • there is also no right of withdrawal under the Distance Selling Act with regard to “the supply of digital content which is not supplied on a tangible medium if the performance has started with the express prior consent of the consumer and his recognition that he thus loses his right of withdrawal“.

Let us look at the first exception: the consumer has no right of withdrawal in distance contracts for goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the period of withdrawal. At first glance, this exception seems appropriate, as NFTs are traded and there is some market fluctuation beyond the control of the trader.

However, it is worth taking a closer look at the term “goods“before jumping to a conclusion: goods are not defined in distance selling law, but in the underlying EU directive as”any tangible personal property […]“with the exception of goods sold under execution or other legal measures. Water, gas and electricity are also considered as goods within the meaning of the directive if they are offered for sale in a volume limited or in a certain quantity.

Since a TVN is not a piece of furniture tangible thing, but rather a intangible thing, one could try to argue to exclude the consumer’s right of withdrawal by analogy to invest in gold, precious metals or energy. Alternatively, the aforementioned qualification of the agreement as a service agreement could be reconsidered. Regarding the agreement of the “volatile” NFT as a service contract would exclude the right of withdrawal of the consumer. This conclusion could be supported by teleological considerations. The aim and purpose of the specific provision of the Distance Selling Law (Article 18 [2] [2] Distance Selling Law, art. 16 [b] Directive 2011/83 / EU) aims to prevent the right of withdrawal from being misused as an instrument of speculation in the market.

The Distance Selling Act contains a second exception which could apply: according to Article 18 (1) (11), the consumer does not have the right to withdraw from distance contracts for “the supply of digital content which is not supplied on a tangible medium if the performance has started with the express prior consent of the consumer and his recognition that he thus loses his right of withdrawal.“Compared to exception n ° (i), this provision has considerable drawbacks for the seller, since it does not exclude the possibility of withdrawal ex ante, but only from the start of contract performance / delivery. In addition, the right of withdrawal is only excluded if the trader fulfills certain strict conditions: (i) express prior consent of the consumer; (ii) the consumer’s knowledge of the loss of the right of withdrawal; (iii) the trader has started the delivery before the expiry of the withdrawal period; and (iv) providing a copy or confirmation of the concluded agreement (in accordance with Article 7 (3) of the Distance Selling Law). Simply put, relying on this exception carries the risk that consumers may be able to assert their right of withdrawal provided the trader does not meet one of these requirements.

3. Conclusion

As these examples have shown, transactions must be analyzed in their “new” technological but “classic” legal contexts. This process of analysis is the lawyer’s playground.

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