scholarly journals La orden de embargo preventivo extraterritorial en Derecho inglés = Worldwide freezing orders under English Law

2019 ◽  
Vol 11 (1) ◽  
pp. 603
Author(s):  
Jaime Zarzalejos Herrero
Keyword(s):  
Common Law ◽  
Legal Systems ◽  
Territorial Jurisdiction ◽  
Arbitration Proceeding ◽  
English Law ◽  
Local Courts

Resumen: La orden de embargo preventivo extraterritorial proyecta sus efectos fuera de la jurisdic­ción del Estado cuya autoridad las dicta estableciendo una prohibición de disposición de activos a nivel mundial. Como puede advertirse, son medidas que pueden resultar de gran utilidad en el aseguramiento cautelar en procedimientos transfronterizos. Este tipo de medidas propias de los sistemas “common law”, por general desconocidas en los ordenamientos continentales, pueden plantear ciertos problemas a la hora de su ejecución en terceros Estados. El estudio tiene por objeto analizar este tipo de protección cautelar bajo Derecho inglés. En concreto aborda su origen y la evolución, los principios generales para su adopción, el procedimiento, la posible extraterritorialidad de sus efectos y las implicaciones que la orden puede tener sobre derechos de terceros. Finalmente, se expondrán una serie de conclusiones sobre la eficacia de este tipo de medidas.Palabras clave: embargo preventivo, extraterritorialidad, distracción de activos, ejecución.Abstract: The effects of a worldwide freezing order go beyond the territorial jurisdiction of the court that grants it by restraining a party from disposing of or dealing with assets on a worldwide basis. These measures can prove very useful in an international litigation or arbitration proceeding. This type of relief is often granted in certain common law jurisdictions yet is unknown to most continental legal systems and its enforcement by local courts can pose certain challenges. The paper analyses this protec­tive measure under English law. In particular, it examines the origin and development of this injuction, the applicable principles, its extra-territorial effects and third party’s rights. Finally, the paper draws some conclusions as to the effectiveness of such relief.Keywords: freezing order, extra-territorial scope, asset dissipation, enforcement.

Covering Blood and Graves

2018 ◽  
pp. 213-237
Author(s):  
Nancy O. Gallman ◽  
Alan Taylor
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Legal Systems ◽  
Spanish Law ◽  
Indigenous Groups ◽  
Spanish Florida ◽  
The Face ◽  
English Law ◽  
Corporate Autonomy

Gallman and Taylor take up murder at the boundary zones between the Iroquois and British settlers and between Spanish Florida and the Lower Creeks and Seminoles. Despite contrasts between the legal systems of the empires—civil law and inquisitorial procedure on the Spanish side, common law and trial by jury on the British side—indigenous groups came to similar conclusions regarding murder. Specifically, Native leaders rejected execution of the guilty, as proposed by English law, or other punishments, from execution to imprisonment to exile, under Spanish law. They opted instead to resolve matters by “covering the grave,” or giving gifts by the culpable party to the aggrieved party in lieu of revenge. This practice was less likely to spark a blood feud and enabled indigenous groups to preserve corporate autonomy in the face of pressures to conform to imperial norms. Though reluctantly, imperial officials often went along with this in order to keep the peace.

Roman Law in England Before the Time of Bracton

1975 ◽  
Vol 15 (1) ◽  
pp. 1-25 ◽  
Author(s):  
Ralph V. Turner
Keyword(s):  
Canon Law ◽  
Common Law ◽  
Law Students ◽  
Roman Law ◽  
Legal Systems ◽  
Norman Conquest ◽  
English Law ◽  
Legal Concepts ◽  
The Impact ◽  
To Receive

In Maitland's words, “Of all the centuries the twelfth was the most legal.” It was a time of growth for the great legal systems in the West: English common law, revived Roman law, and canon law. Students of medieval England have rarely concerned themselves with the question of the connection between these legal systems. For six centuries, from Bracton until the rise of modern legal history with Maitland, the study of English law was insular, ignoring the continental legal systems. When a seventeenth-century civilian wrote that “our common law, as we call it, is nothing else than a mixture of the Roman and the feudal,” he aroused the anger of Coke and the common lawyers. Recently scholars have taken such a view more seriously, and a number of studies have sought Roman or canonistic influences on English law. It might be useful, then, to reconsider the matter of the impact of Rome on English law in the light of recent scholarship, asking three questions: To what extent was Roman law known and studied in England before the time of Bracton? What influences, if any, do scholars find that it had on the legal innovations of Henry II and his sons? Why did the English fail to ‘receive’ Roman law in the way that countries on the Continent did?Any influence of Roman law in England during the centuries after the withdrawal of Roman legions and before the Norman Conquest can be dismissed quickly. Once Christianity was re-introduced to the island, the revival of Roman Law, or at least of some notion of Roman legal concepts, was possible.

Interpreting the Criminal Code Ordinance, 1936 — The Untapped Well

1972 ◽  
Vol 7 (1) ◽  
pp. 25-64 ◽  
Author(s):  
Norman Abrams
Keyword(s):  
Supreme Court ◽  
Common Law ◽  
Criminal Code ◽  
Legal Systems ◽  
The Supreme Court ◽  
History Of ◽  
The Subject ◽  
English Law

The origins of the Criminal Code Ordinance of 1936 (hereinafter, CCO) have never been fully explored. The Supreme Court of Israel has indicated that specific provisions were derived from Ottoman law, or were modelled upon an English statute, or based upon a common law doctrine. No one, however, has attempted to describe comprehensively the history of the CCO, and those who have touched upon the subject have usually contented themselves with general statements:a. The local legislator drew most of the offences included in the Criminal Code Ordinance from the well of English law.b. Everybody admits that the provisions of the Palestine Criminal Code Ordinance relating to manslaughter and murder were not derived from one source, but include different ideas and pieces of ideas that were taken, a little here and a little there, from different legal systems—English, French, Ottoman, or French in Ottoman clothing, as it existed until 1936. Before us is a mosaic of different colours composed into a single picture. As to this there is no disagreement … What is not so clear and certain is the identity of the concrete source of each of the bricks of the building that comprise the ‘collective’ legislation.

The Evolution of a Nation

2011 ◽  
Author(s):  
Daniel Berkowitz ◽  
Karen B. Clay
Keyword(s):  
Political Competition ◽  
Common Law ◽  
Civil Law ◽  
Legal Institutions ◽  
Colonial History ◽  
Legal Systems ◽  
Water Transportation ◽  
Long Run ◽  
Access To Water ◽  
Late Twentieth

Although political and legal institutions are essential to any nation's economic development, the forces that have shaped these institutions are poorly understood. Drawing on rich evidence about the development of the American states from the mid-nineteenth to the late twentieth century, this book documents the mechanisms through which geographical and historical conditions—such as climate, access to water transportation, and early legal systems—impacted political and judicial institutions and economic growth. The book shows how a state's geography and climate influenced whether elites based their wealth in agriculture or trade. States with more occupationally diverse elites in 1860 had greater levels of political competition in their legislature from 1866 to 2000. The book also examines the effects of early legal systems. Because of their colonial history, thirteen states had an operational civil-law legal system prior to statehood. All of these states except Louisiana would later adopt common law. By the late eighteenth century, the two legal systems differed in their balances of power. In civil-law systems, judiciaries were subordinate to legislatures, whereas in common-law systems, the two were more equal. Former civil-law states and common-law states exhibit persistent differences in the structure of their courts, the retention of judges, and judicial budgets. Moreover, changes in court structures, retention procedures, and budgets occur under very different conditions in civil-law and common-law states. This book illustrates how initial geographical and historical conditions can determine the evolution of political and legal institutions and long-run growth.

scholarly journals The Transplant of Trusts in Different Legal Jurisdictions: The Example of China

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Giulia Terranova
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Original Model ◽  
People’S Republic Of China ◽  
Legal Institution ◽  
Legal Systems ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Trust Law

AbstractLegal transplants are considered a significant factor in the evolution of legal systems. One example of transplant of a legal institution through its prestige is the diffusion of the trust from the English legal system to other common law systems and to many civil law countries. One of these is China that in 2001 enacted the Trust Law of the People’s Republic of China. This paper wants to analyse the trust under the Trust Law and to compare it with the original model in the English legal system, understanding how far or how close it is from the original one.

Common Lawà l'americaine

1966 ◽  
Vol 1 (4) ◽  
pp. 562-579 ◽  
Author(s):  
A. M. Apelbom
Keyword(s):  
Common Law ◽  
The Other ◽  
British Occupation ◽  
Other Hand ◽  
Two Generations ◽  
The Common ◽  
English Law ◽  
Considerable Body ◽  
Clear Line

Eighteen years after attaining independence Israel remains essentially a common law country. Introduced by the British Mandatory administration to supplement the Ottoman legislation in force at the time of the British occupation of Palestine, the common law has been retained by the Israeli legislator, so far as not modified or replaced by local legislation. But this common law, far from being residual only, also embraces a considerable body of interstitial law developed by two generations of judges, British, Palestinian and Israeli, in the process of applying and interpreting statute law—whether Ottoman, Mandatory or Israeli—according to common law methods. On the other hand the importation of common law institutions was neither wholesale nor systematic and in a number of fields no clear line of demarcation can be drawn between domestic and English law.

Nature Versus the Common Law

2021 ◽  
Author(s):  
David B. Schorr
Keyword(s):  
Common Law ◽  
Local Environment ◽  
Water Law ◽  
Public Ownership ◽  
Normative Force ◽  
The Common ◽  
English Law

This article recovers a debate, played out over the course of a century, in courts across the « common law world », over whether nature had normative force in water law. It explores areas of water law, such as the extent of public ownership in rivers and the effects of shifting watercourses on ownership, in which some courts, not without controversy, departed from the established rules of English law in order to make rules more appropriate, as they saw it, to the local environment.

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