scholarly journals How Global Is the Common Law? A Comparative Study of Asian Common Law Systems Hong Kong, Malaysia, and Singapore

2017 ◽  
Author(s):  
Kwai Hang Ng ◽  
Brynna Jacobson
Keyword(s):  
Hong Kong ◽  
Comparative Study ◽  
Common Law ◽  
The Common

scholarly journals How Global is the Common Law? A Comparative Study of Asian Common Law Systems – Hong Kong, Malaysia, and Singapore

2017 ◽  
Vol 12 (2) ◽  
pp. 209-232 ◽  
Author(s):  
Kwai Hang NG ◽  
Brynna JACOBSON
Keyword(s):  
Hong Kong ◽  
Comparative Study ◽  
Common Law ◽  
Colonial Legacy ◽  
The Common

AbstractThis article compares three common law jurisdictions in Asia – Hong Kong, Malaysia, and Singapore. By studying the use of foreign citations in the reported opinions of these jurisdictions, we show that they have acquired a judicial character that is distinctively outward-looking and global. The variety and range of foreign citations suggest that the phenomenon cannot be fully explained as a matter of colonial legacy. The article further discusses the ways in which the use of foreign case citations serve as a means for legal and professional enrichment.

scholarly journals Bibliometric Study in the Heartland: Comparative and Electronic Citation Practices of the Indiana, Kentucky, Michigan and Ohio Supreme Courts (1994–2004)

2007 ◽  
Vol 7 (3) ◽  
pp. 207-221 ◽  
Author(s):  
Dragomir Cosanici
Keyword(s):  
Comparative Study ◽  
Common Law ◽  
The State ◽  
Bibliometric Study ◽  
State Supreme Courts ◽  
Supreme Courts ◽  
Secondary Sources ◽  
The Common ◽  
Citation Practices

AbstractThis study by Dragomir Cosanici provides a bibliometric, comparative study of the citation practices of the state supreme courts in the common law jurisdictions of Indiana, Kentucky, Michigan and Ohio, USA during a recent ten-year span (1994–2004). It focuses on the type of legal materials most frequently cited as authority, examining the importance of both primary and secondary sources. It specifically analyses the growing usage of electronic citations by the four supreme courts.

Part III Regulation of Financial Products, 7 Asset Management and Investment Products

2016 ◽  
Author(s):  
Arner Douglas W ◽  
Hsu Berry FC ◽  
Goo Say H ◽  
Johnstone Syren ◽  
Lejot Paul ◽  
...  
Keyword(s):  
Hong Kong ◽  
Asset Management ◽  
Common Law ◽  
Regulatory Framework ◽  
Financial Products ◽  
The Common

This chapter presents an overview of the legal and regulatory framework for financial products and asset management in Hong Kong. The chapter discusses the regulatory framework for asset management generally and provides an overview of the legal and regulatory framework for a variety of financial products. Most financial products are largely matters of private contract and therefore governed by the common law framework, with disputes adjudicated by the courts. However, in Hong Kong a variety of statutes address an ever growing range of financial products, including: bills of exchange and cheques (Bills of Exchange Ordinance); company shares (Companies Ordinance and Listing Rules); and security interests (Companies Ordinance, Bankruptcy Ordinance, and other property related ordinances). The chapter also considers opportunities for the asset management industry in Hong Kong.

scholarly journals Comparative Study of Civil Procedure in Common Law and Civil Law Systems

2016 ◽  
Vol 9 (5) ◽  
pp. 267
Author(s):  
Nader Ghanbari ◽  
Hassan Mohseni ◽  
Dawood Nassiran
Keyword(s):  
Comparative Study ◽  
Common Law ◽  
Civil Law ◽  
Civil Procedure ◽  
Judicial System ◽  
Specific Method ◽  
Legal Systems ◽  
Separate Branch ◽  
The Common ◽  
The Comparative Study

Comparing the legal systems is a specific method in which due to its important function is considered as a separate branch in law. None of the branches in law can place its knowledge merely on ideas and findings within the national borders. Several basic objections have been given regarding the definition and purpose of comparative study in civil procedure. In addition there are specific problems regarding studying practically the similar systems in a legal system like differences in purpose, definition and concept. In different legal systems like civil law and common law systems in which there is a divergence, even the judicial system`s organs and judges` appointment and judicial formalism are different, which add to the problems of the comparative study. Reviewing these differences could lead to a better understanding of these legal systems and recognizing the common principles in making use of each other`s findings considering these differences and indicate the obstacles of comparative study in this regard.

scholarly journals Piercing the Corporate Veil and Ambiguities in the Iranian Legal System: A Comparative Study with California Law

2020 ◽  
Vol 13 (2) ◽  
pp. 209
Author(s):  
Ahmad Torabi
Keyword(s):  
Comparative Study ◽  
Legal System ◽  
Common Law ◽  
Law System ◽  
Iranian Law ◽  
System A ◽  
Commercial Code ◽  
Legal Challenges ◽  
The Common ◽  
Piercing The Corporate Veil

This paper focuses on the situation of doctrine of “piercing the corporate veil” in the current Iranian legal system especially in the Iranian Commercial Code and in the Iranian Civil Code. The author discusses the ambiguities and legal challenges which arise, directly or indirectly, from implementation of these challenges. There is also a comparative study of the doctrine with the common law system. The paper aims to highlight the defects of this doctrine in the Iranian law system and provides suggestions to improve it.

scholarly journals A Comparative Study of Absolute Liability Offense in Iran and the UK

2016 ◽  
Vol 12 (3) ◽  
pp. 135
Author(s):  
Seyed Mohammad Mousavi ◽  
Arash Babaei ◽  
Shamsollah Khatami ◽  
Yousef Jafarzadi
Keyword(s):  
Comparative Study ◽  
Criminal Law ◽  
Common Law ◽  
Objective Measure ◽  
Legal Texts ◽  
The Face ◽  
The Common ◽  
The Law ◽  
The Uk ◽  
First Time

<p>One characteristic of the force of law in the country, the integrity of the rules in all areas of all aspects of creation into account the distinction between crime and the crime and failed or incomplete in acts of crime and crime as the withdrawal. In this respect the rules on penalties culpability in the crime has been proposed that the content of the crime with absolute responsibility of these categories has manifested. Under the Articles 144 and 145 of the Latest version Islamic criminal law (2013), Create unintentional offenses, subject to verification of the fault committed. In crimes ranging from quasi-intentional unintentional deviation as retaliation book rules apply. Legislator to commit a fault, the reason for the error is considered criminal, which has always been considered an objective measure and a ruler (in Article 145), while the common law under subsection (1) "criminal law to crimes" adopted 1981 crime start as the offense is punishable total. This study showed that certain similarities between the laws. In this context, the two internal laws and the common law can be found, in which the underlying offense of absolute liability is not fixed in the courts. Always treat judges and lawyers in the face of legal texts are not consistent because of the lack of transparency and clarity of the rules. In particular, in the common law, when a crime for the first time in cour t, and a warrant has been issued about it in terms of predicting the law and with regard to the interpretation of judges, procedural difference is more tangible.</p>

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