scholarly journals The Law of the Land: The Advent of the Torrens System in Canada by Greg Taylor

2010 ◽  
pp. 1051
Author(s):  
Marie-Ann Bowden
Keyword(s):  
United Kingdom ◽  
First Year ◽  
Canadian History ◽  
Registration System ◽  
Academic Reading ◽  
The United Kingdom ◽  
Law And Politics ◽  
National Archives ◽  
The Law ◽  
Interesting Account

As a former history student and erstwhile professor of first-year property, The Law of the Land: The Advent of the Torrens System in Canada by Greg Taylor offered me an opportunity to engage in academic reading with just a hint of “night table book” indulgence. As the title suggests, the author carefully traces the development of the Torrens registration system in Australia and its subsequent reception within Canada — an undertaking that even those within the legal profession may find as dry as the dust on the land titles records. However laborious the research, the book itself manages to bring history to life; chasing clues from Adelaide to the United Kingdom National Archives to the records of the Toronto Globe in an attempt to divine the motives and influences of the Torrens prophets and their opponents. The result is an original and interesting account incorporating law and politics spanning some 150 years of Canadian history.

scholarly journals CHOICE OF ISLAMIC LAW AS THE GOVERNING LAW IN ISLAMIC FINANCE CONTRACTS: THE UNITED KINGDOM AND NIGERIAN PERSPECTIVES

2017 ◽  
Vol 25 (1) ◽  
Author(s):  
Kareem Adebayo Olatoye ◽  
Abubakri Yekini
Keyword(s):  
United Kingdom ◽  
Islamic Law ◽  
Islamic Finance ◽  
Unique Problem ◽  
Party Autonomy ◽  
The United Kingdom ◽  
Muslim Majority ◽  
The Law ◽  
Governing Law

The globalisation of Islamic finance has brought the adjudication of Islamic finance disputes before non-Muslim courts and arbitral tribunals in Europe, America and elsewhere. Expectedly, the issue of the validity of the selecting Islamic law as the governing law of an Islamic finance contract often arises before these courts and tribunals. The article seeks to address the attitude of the United Kingdom and Nigerian courts to this unique problem. The thesis of the paper is that while the parties’ reasonable expectations in having their Islamic finance contracts governed by the Shari’ah may be met in Nigeria and by extension in other Muslim-majority countries, the contrary is the case in the United Kingdom and Europe where the courts do not generally favour the application of Islamic law. The paper advocates that the doctrine of the proper law of contract should be extended to Islamic finance by upholding Islamic law as the law selected by the parties (on the basis of party autonomy) or alternatively, as the system of law with which an Islamic finance transaction is most closely connected.

scholarly journals Qualification of Concepts and its Problems in Cases with Foreign Element in Poland and the United Kingdom

2013 ◽  
Vol 32 (1) ◽  
pp. 67-74
Author(s):  
Katarzyna Bagan-Kurluta
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Case Law ◽  
Functional Method ◽  
Internal Source ◽  
Private International Law ◽  
Uniform Approach ◽  
The United Kingdom ◽  
Foreign Law ◽  
The Law

Abstract Qualification is the basic instrument used in the process of application of the law. It is impossible to apply the law without conducting it. The main internal source of collision law in Poland, Act of private international law dated February 4th, 2011, does not specify how to carry on the process of the qualification, and doctrine is of the opinion that the Polish court applying foreign law should interpret the foreign concepts according to the rules of this law and give them such meanings as this law assigns to them. But also there are four doctrinal proposals concerning methods of qualification. The first one (with various modifications) is relatively popular in a number of countries, while the Polish doctrine has the greatest respect for the latter: 1) lex fori approach, 2) lex causae approach, 3) autonomous method and 4) functional method (or collision lex fori approach). The English judge applying the rules derived from his own internal law remembers about the function of private international law - and therefore takes into account the rules and institutions adopted in the foreign laws. That is application of lex fori approach modified because of the function of collision law, indeed reminiscent of a functional method. However, due to the lack of a uniform approach to qualification and identification of the only way to proceed by the doctrine and case law, it is permissible to move away from the use of this method. For instance it is possible to use the lex causae approach, if it leads to an equitable solution. Lack of regulation of qualification gives a person applying the law a freedom, but at the same time leads to uncertainty about the effects.

scholarly journals Moral Development of First-Year Pharmacy Students in the United Kingdom

2014 ◽  
Vol 78 (2) ◽  
pp. 36 ◽  
Author(s):  
Julie Prescott ◽  
Gordon Becket ◽  
Sarah Ellen Wilson
Keyword(s):  
United Kingdom ◽  
Moral Development ◽  
Pharmacy Students ◽  
First Year ◽  
The United Kingdom
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