Monthly Archives: September, 2024
Pejo and Kolaneci, ‘The Role of Roman Law in the Formation of the State and Modern Law’
ABSTRACT The research aims to determine the role that Roman law played in the development of modern jurisprudence. Several methods of theoretical cognition were used in the course of the study, such as analysis, synthesis, comparison, specification, and generalization. As a result, some conclusions have been reached, in particular, that the mechanisms and principles of […]
Goodtime Chimnecherem Okara, ‘Scotland in the Forefront of Property Law Reforms in the UK: Potential Implications for the Scottish People’
ABSTRACT The Scottish Government has taken steps to revolutionise its body of law on ‘trust and succession’ and housing. The recent Trusts and Succession (Scotland) Act 2024 has severally impacted the issues of appointment and removal of trustees, fiduciary duties of trustees, rights of beneficiaries, and Environmental, Social, and Governance (ESG) investments in Scotland; while […]
Leonard Lusznat, ‘The Role of Intention in the Law of Delict and Tort’
ABSTRACT The distinction between intention and negligence is – in contrast to criminal law – only of limited significance in the law of delict because negligence on the part of the tortfeasor generally suffices for liability to arise. In light of this dissimilarity between private and criminal law, the article critically analyses in which regard, […]
‘When property held “in trust” is not a trust: the decision in Nazir v Begum [2024] EWHC 378′
At first blush the decision of Freedman J in Nazir v Begum [2024] EWHC 378 (KB) appears counterintuitive. Section 33(1) of the Administration of Estates Act 1925 (‘AEA’) states that: ‘On the death of a person intestate as to any real or personal estate, that estate shall be held in trust by his personal representatives […]
John Wood, ‘When is an administrator an “officer” of the company?’
When a company becomes insolvent, particularly if it is a large company, this will often mean that there will be a large-scale redundancy process. The requirements of the process can be technical, but there is a list of obligations that must be adhered and these are set out within the Trade Union and Labour Relations […]
Frederik Peeraer, ‘Restitution under an Illegal Contract: From Purpose to Finality and Civil Fines’
ABSTRACT This article delves into the complex issue of restitution under an illegal contract, a topic brought into focus by the UK Supreme Court’s landmark decision in Patel v Mirza (2016). It contends that the current trend towards discretion often leads to unclear outcomes, underscoring the limitations of a flexible approach. Drawing from examples in […]
Tocicka and Gwoździewicz, ‘Protection of Trade Secrets: Selected Private Law Problems’
ABSTRACT Trade secret constitutes one of the most common forms of intellectual property protection, comprising a special category of confidential information of vital importance for achieving competitive advantage, including of economic nature, and the undisturbed operation of an enterprise. It is the purpose of this paper is to specify the European and domestic legal conditions […]
Maja Breznik, ‘Less or More Labour Law for Social Change?’
ABSTRACT In the field of labour law, recent contributions to the theory of legal form have addressed the question of whether the purpose of labour law is merely to reproduce capitalist social relations. The resulting debate has acted as a trigger for profound self-reflection among both labour law scholars and the labour movement. While the […]