DOCSLIB.ORG

Journal of Law

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Journal of Law Ivane Javakhishvili Tbilisi State University Faculty of Law Journal of Law #2, 2012 UDC(uak) 34(051.2) s-216 Editor-in-Chief Besarion Zoidze (Prof., TSU) Editorial Board: Levan Alexidze (Prof.,TSU) Giorgi Davitashivili (Prof., TSU) Avtandil Demetrashvili (Prof.,TSU) Mzia Lekveishvili (Prof., TSU) Guram Nachkebia (Prof., TSU) Tevdore Ninidze (Prof., TSU) Nugzar Surguladze (Prof.,TSU) Lado Chanturia (Prof., TSU) Giorgi Khubua (Prof.) Lasha Bregvadze (T. Tsereteli Institute of State and Law, Director) Irakli Burduli (Prof.,TSU) Paata Turava (Prof.) Gunther Teubner (Prof., Frankfurt University) Lawrence Friedman (Prof., Stanford University) Bernd Schünemann (Prof., Munich University) Peter Häberle (Prof., Bayreuth University) © Tbilisi University Press, 2013 ISSN 2233-3746 Table of Contents Elza Chachanidze Accusation of a Crime against Property…………………………………..…………………………….5 Lela Janashvili The State of Autonomies and the Nation of Nations (Historical Preconditions and Perspectives ……………………………………………………...…….15 Lana Tsanava Regionalism as the Form of Territorial Organization of the State ……………………………………31 Tamar Gvaramadze Sanctions for Tax Code Violations …………………………………..………………………………..48 Sergi Jorbenadze Order of the President of Georgia as the Data Containing Privacy …………………………………...67 Jaba Usenashvili Problem of Realisation of Right for Privacy In the Process of Implementation of Operative-search Measures Controlled by the Court ……….…77 Koba Kalichava Strategic Aspects of Improving Ecological Legislation ……………………………………………..102 Giorgi Makharoblishvili M & A’s Constructive Effect on Joint Stock Companies ….……………………………………..…112 Ana Kharaishvili Partnerships’ Legal Status in Systemic-Comparative Context …………………………….………..147 Ana Ramishvili Corporativeness as the Element Determining the Corporate Legal System ………………...……….163 Davit Maisuradze Systemic-Comparative Analysis of Hybrid-Type Companies (Comparative-Legal Study Predominantly on the Example of Delaware and Georgian Corporate Law) ………………………………………………………………………………………182 Kakha Palavandishvili Transformation of Origination of Property on Immovable Objects (Real Estate) in Georgian Legislation ………………………………………………………………197 Zakaria Shvelidze Prohibition of Employment Discrimination in Accordance with the Georgian Legislation ………...220 Guram Nachkebia The Problem of Objective Imputation in Criminal Law ……………………………………………..250 Ketevan Mchedlishvili - Hedrikh For a Problem of a Crime Committing Place in Criminal Law of Media …………………………...260 Irine Kherkheulidze Juvenile Delinquency and the Causes of Delinquency within the Institute of Juvenile Justice ……………………………………………………………………………………267 Besarion Zoidze Contribution by Professor Lado Chanturia into Development of Civilized Opinion ……………..…293 4 Elza Chachanidze* Accusation of a Crime against Property 1 Introduction Theft has been of the most common crimes. According to Vakhtang Batonishvili there can be different varieties of crimes: "theft can be of different sorts and kind, and it would take long to list all of them. Not all thefts are equal." (Vakhtang Batonishvili’s Law Book, Article 150).1 Since the Law Book is based on the casuistrical system the legislator deems it impossible, as we can see, to list every case. Due to this diversity, not every type of theft is "equal".2 The reference to the non-uniformity of theft makes us think that responsibility for different types of theft should have been different as well. Vakhtang Batonishvili distinguishes three types of theft (Article 151, burglary, while the spouses were at home, Article 152 – theft committed on the way to the war battle, and Article 153 – robbing a lady by removing jewelry3 while prescribes the payment of seven times the value/amount for other types of theft than the above-mentioned ones. Further, the breaking in the church, destruction of a cross and an icon, breaking in the ruler’s cashier’s box should be regarded to be other types of theft as well, about which Vakhtang Batonishvili mentions that he does not address such types of thefts: "We have not prescribed anything with regard to breaking in the church, destruction of a cross and an icon, breaking in a ruler’s cashier box; ruler and Catholicos can impose the amount of payment charge as they wish."4 The referenced provision indicates that the legislator sets forth different responsibility and distinguishes the theft of state and church property from the theft of an individual’s property. This means that the majority of thefts committed against private individuals falls under the category of delict, and all cases of theft of state and church property should be regarded as public delict. In this case, too, the type of delict is determined not by an action per se, but according to the affected party. Piracy5 is * Assistant Professor, Doctoral Student of the TSU Law Faculty. 1 Georgian Legal Monuments, Volume 1, Vakhtang VI Law Books Collection, Text published, Study and Vocabulary provided by Professor Dolidze I., Tbilisi, 1963, 519. 2 Means equal. Chubinashvili D., Georgian-Russian Dictionary, 2nd Edition, Prepared for Printing and Foreword by Shanidze A., Tbilisi, 1984, 1204. 3 Georgian Legal Monuments, Volume 1, Vakhtang VI Law Books Collection, Text published, Study and Vocabulary provided by Professor Dolidze I., Tbilisi, 1963, 519. 4 Ib., 520. 5 Piracy – plundering, robbing. Chubinashvili D., Georgian-Russian Dictionary, 2nd Edition, prepared for Printing and Foreword by Shanidze A., Tbilisi, 1984, 699; Pirate – Extortioner. Orbeliani S.S., Georgian Dictionary, Volume I, prepared according to Autographic Lists, Study and the Index Part included by Abuladze I., Tbilisi, 1991, 461. Elza Chachanidze, Accusation of a Crime against Property distinguished separately under the crimes against property, which fell under one of the grave crimes according to the prescribed punishment. In this case we are interested in the defamation of crimes against property as a delict; whether there are the provisions in the old Georgian law that set responsibility for the accusation of theft, or piracy and if existent, what sanctions were envisaged and which types of delict can they be attributed to. Further, based on the variety of thefts can different responsibility be observed in relation to the accusation of theft? 2 Accusation of Crimes against Property as a Delict David Batonishvili considers accusation of theft as grave "case", along with state crimes. "The definition 3 – it is regarded to be a grave crime6 if someone accuses another person wrongfully of disloyalty towards the king, or the law, or accuses of theft, or assistance with breaking in a fortress, or for keeping correspondence etc. with the enemy."7 If the legislator treats accusation of theft as a grave "case", this makes us think that such action was subject to punishment. We have mentioned the variety of theft above. It is interesting what type of accusation of theft David Batonishvili mean, does this apply only to the accusation of theft from state and church, or any type of theft is implied. In the referenced provision along with theft only the accusation of theft of state property is indicated, that makes us think that when legislator talks about the accusation of theft in this case he may have in mind accusation of theft of state and church property. This justification is reinforced by another circumstance; Article 1558 of Vakhtang Batonishvili’s Law Book sets forth special responsibility for the theft of state and church property that indicates that such types of theft are declared as state crimes. If we follow this idea then it should not be a surprise why David Batonishvili considers accusation of theft to be a grave crime. But this is just an assumption which could be proven in case the provisions or court rulings can be identified that set forth different responsibility for the theft of state and church property. Agbuga Law Article 86(1) is a banning provision, where sanction is not indicated. At a glance, we may get an impression that accusation of theft was not punishable. Agbuga law – [in case of accusation of theft] - 86. "If a man accuses another person of theft, without being sure, he is doing a wrongful action."9 Being sure means whether the person is convinced.10 When this 6 Action – activity, act. Chubinashvili D., Georgian-Russian Dictionary, 2nd Edition, Prepared for Printing and Foreword by Shanidze A., Tbilisi, 1984, 1131. 7 David Batonishvili Law, Text published and Research added by Purtseladze D., Tbilisi, 1964, 154. 8 Georgian Legal Monuments, Volume 1, Vakhtang VI Law Books Collection, Text published, Study and Vocabulary provided by Professor Dolidze I., Tbilisi, 1963, 520. 9 Ib.,459. 10 Orbeliani S.S., Georgian Dictionary, Volume I, prepared according to Autographic Lists, Study and the Index Part included by Abuladze I., Tbilisi, 1991, 212. 6 Journal of Law, #2, 2012 Article is considered in entirety the following conclusion can be made, in the first part the legislator talks about making charges, when a person does not have sufficient grounds for this, it may mean such case when a person conscientiously is wrong about the culpability of another person, and in such case accusation of theft was not punishable. The reason for such assumption is the lack of a sanction in a provision and an indication that such action is "improper"11 and a person should not commit it. And in case an individual does not believe the accused person’s oath or the words of witnesses and continues with accusation his action would then be subject to punishment.
Load more

Recommended publications
  • The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water
    Florida State University Law Review Volume 3 Issue 4 Article 1 Fall 1975 The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water Glenn J. MacGrady Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Admiralty Commons, and the Water Law Commons Recommended Citation Glenn J. MacGrady, The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water, 3 Fla. St. U. L. Rev. 511 (1975) . https://ir.law.fsu.edu/lr/vol3/iss4/1 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW VOLUME 3 FALL 1975 NUMBER 4 THE NAVIGABILITY CONCEPT IN THE CIVIL AND COMMON LAW: HISTORICAL DEVELOPMENT, CURRENT IMPORTANCE, AND SOME DOCTRINES THAT DON'T HOLD WATER GLENN J. MACGRADY TABLE OF CONTENTS I. INTRODUCTION ---------------------------- . ...... ..... ......... 513 II. ROMAN LAW AND THE CIVIL LAW . ........... 515 A. Pre-Roman Legal Conceptions 515 B. Roman Law . .... .. ... 517 1. Rivers ------------------- 519 a. "Public" v. "Private" Rivers --- 519 b. Ownership of a River and Its Submerged Bed..--- 522 c. N avigable R ivers ..........................................- 528 2. Ownership of the Foreshore 530 C. Civil Law Countries: Spain and France--------- ------------- 534 1. Spanish Law----------- 536 2. French Law ----------------------------------------------------------------542 III. ENGLISH COMMON LAw ANTECEDENTS OF AMERICAN DOCTRINE -- --------------- 545 A.
    [Show full text]
  • The Influence of Technological and Scientific Innovation on Personal Insurance
    THE INFLUENCE OF TECHNOLOGICAL AND SCIENTIFIC INNOVATION ON PERSONAL INSURANCE Speakers: Dr. Eduardo Mangialardi Dr. Norberto Jorge Pantanali Dr. Enrique José Quintana I – GENERAL INTRODUCTION It is a great honour for the Argentine Association of Insurance Law, to have been entrusted by the Presidency Council of the International Association of Insurance Law (AIDA, for its Spanish acronym) the responsibility to prepare the questionnaire sent to all the National Sections and the elaboration and account of the general report referred to the subject “The Influence of Technological and Scientific Innovation on Personal Insurance”, in this XII World Conference of Insurance Law.- We think that the history and experience of the qualified jurists of the Argentine Section that preceded us had a great influence on the choice of our country as seat for such great academic event and to confer on us the distinction of this presentation. We cannot help remembering here and now that Drs. Juan Carlos Félix Morandi and Eduardo Steinfeld attended the First World Conference of Insurance Law held in Rome from April 4 to 7, 1962. We cannot help remembering that two former Presidents of our Association had the privilege of being the speakers of the general reports at the World Conferences of Insurance Law. Dr. Isaac Halperin developed the subject “The Insurance and the Acts of Violence Against the Community Affecting People or Assets” in the IV World Conference held in Laussane, Switzerland in April 1974, and Dr. Juan Carlos Félix Morandi, who at the VII World Conference held in Budapest, Hungary in May 1986, dealt with “Aggravation and Other Risk Modifications”.
    [Show full text]
  • Spine for Bulletin of Medieval Canon Law
    Spine for Bulletin of Medieval Canon Law Top to Bottom Vol. 32 Bulletin of Medieval Canon Law 2015 THE STEPHAN KUTTNER INSTITUTE OF MEDIEVAL CANON LAW MÜNCHEN 2015 BULLETIN OF MEDIEVAL CANON LAW NEW SERIES VOLUME 32 AN ANNUAL REVIEW PUBLISHED BY THE CATHOLIC UNIVERSITY OF AMERICA PRESS FOR THE STEPHAN KUTTNER INSTITUTE OF MEDIEVAL CANON LAW BULLETIN OF MEDIEVAL CANON LAW THE STEPHAN KUTTNER INSTITUTE OF MEDIEVAL CANON LAW MÜNCHEN 2015 BULLETIN OF MEDIEVAL CANON LAW NEW SERIES VOLUME 32 AN ANNUAL REVIEW PUBLISHED BY THE CATHOLIC UNIVERSITY OF AMERICA PRESS FOR THE STEPHAN KUTTNER INSTITUTE OF MEDIEVAL CANON LAW Published annually at the Stephan Kuttner Institute of Medieval Canon Law Editorial correspondence should be addressed to: STEPHAN-KUTTNER INSTITUTE OF MEDIEVAL CANON LAW Professor-Huber-Platz 2 D-80539 München PETER LANDAU, Editor Universität München [email protected] or KENNETH PENNINGTON, Editor The School of Canon Law The Catholic University of America Washington, D.C. 20064 [email protected] Advisory Board PÉTER CARDINAL ERDP PETER LINEHAN Archbishop of Esztergom St. John’s College Budapest Cambridge University JOSÉ MIGUEL VIÉJO-XIMÉNEZ ORAZIO CONDORELLI Universidad de Las Palmas de Università degli Studi Gran Canaria Catania FRANCK ROUMY KNUT WOLFGANG NÖRR Université Panthéon-Assas Universität Tübingen Paris II Inquiries concerning subscriptions or notifications of change of address should be sent to the Bulletin of Medieval Canon Law Subscriptions, PO Box 19966, Baltimore, MD 21211-0966. Notifications can also be sent by email to [email protected] Telephone (410) 516-6987 or 1-800-548-1784 or fax 410-516-3866.
    [Show full text]
  • Browsing Through Bias: the Library of Congress Classification and Subject Headings for African American Studies and LGBTQIA Studies
    Browsing through Bias: The Library of Congress Classification and Subject Headings for African American Studies and LGBTQIA Studies Sara A. Howard and Steven A. Knowlton Abstract The knowledge organization system prepared by the Library of Con- gress (LC) and widely used in academic libraries has some disadvan- tages for researchers in the fields of African American studies and LGBTQIA studies. The interdisciplinary nature of those fields means that browsing in stacks or shelflists organized by LC Classification requires looking in numerous locations. As well, persistent bias in the language used for subject headings, as well as the hierarchy of clas- sification for books in these fields, continues to “other” the peoples and topics that populate these titles. This paper offers tools to help researchers have a holistic view of applicable titles across library shelves and hopes to become part of a larger conversation regarding social responsibility and diversity in the library community.1 Introduction The neat division of knowledge into tidy silos of scholarly disciplines, each with its own section of a knowledge organization system (KOS), has long characterized the efforts of libraries to arrange their collections of books. The KOS most commonly used in American academic libraries is the Li- brary of Congress Classification (LCC). LCC, developed between 1899 and 1903 by James C. M. Hanson and Charles Martel, is based on the work of Charles Ammi Cutter. Cutter devised his “Expansive Classification” to em- body the universe of human knowledge within twenty-seven classes, while Hanson and Martel eventually settled on twenty (Chan 1999, 6–12). Those classes tend to mirror the names of academic departments then prevail- ing in colleges and universities (e.g., Philosophy, History, Medicine, and Agriculture).
    [Show full text]
  • Party Law in Comparative Perspective
    Party Law in Comparative Perspective Fernando Casal-Bértoa, Daniela Romée Piccio & Ekaterina R. Rashkova Department of Political Science Leiden University [email protected] [email protected] [email protected] The Legal Regulation of Political Parties Working Paper 16 March 2012 © The author(s), 2012 This working paper series is supported by the Economic and Social Research Council (ESRC research grant RES-061-25-0080) and the European Research Council (ERC starting grant 205660). To cite this paper : Casal-Bértoa, Fernando, Piccio, Daniela Romée, Rashkova, Ekaterina (2012). ‘Party Law in Comparative Perspective’, Working Paper Series on the Legal Regulation of Political Parties, No. 16. To link to this paper : http://www.partylaw.leidenuniv.nl/uploads/wp1612.pdf This paper may be used for research, teaching and private study purposes. Any substantial or systematic reproduction, re-distribution, re-selling, loan or sub-licensing, systematic supply or distribution in any form to anyone is expressly forbidden. ISSN: 2211-1034 The Legal Regulation of Political Parties, working paper 16/12 Party Law in Comparative Perspective Introduction Political parties have become increasingly subject to laws in the recent years. The liberal principle of non intervention in political parties’ internal matters that prevailed across the European continent since the very emergence of political parties as organizations seems no longer to be the dominant paradigm. The several guidelines adopted by the European Commission for Democracy through Law (‘Venice Commission’) and directed to state actors, although not mandatory, offer a clear indication of the degree to which greater intervention in the political parties’ affairs is currently being claimed for.
    [Show full text]
  • The Influence of Spanish Laws and Treatises on the Jurisprudence of Louisiana; 1762-1828, 42 La
    Louisiana Law Review Volume 42 | Number 5 Special Issue 1982 The nflueI nce of Spanish Laws and Treatises on the Jurisprudence of Louisiana; 1762-1828 Raphael J. Rabalais Repository Citation Raphael J. Rabalais, The Influence of Spanish Laws and Treatises on the Jurisprudence of Louisiana; 1762-1828, 42 La. L. Rev. (1982) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol42/iss5/5 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. THE INFLUENCE OF SPANISH LAWS AND TREATISES ON THE JURISPRUDENCE OF LOUISIANA: 1762-1828 Raphael J. Rabalais* In recent years there has been a rebirth of interest in the civilian influences on the development of law in Louisiana. While a number of scholarly articles have discussed the French sources of the Loui- siana Civil Codes of 1808 and 1825,' there have been relatively few comprehensive attempts to assess Spain's influence on Louisiana jurisprudence! The purpose of this paper is, first, to recall briefly * Professor of Law, Loyola University School of Law, New Orleans. 1. See. e.g., Baade, Marriage Contracts in French and Spanish Louisiana: A Study in 'Notarial" Jurisprudence, 53 TUL. L. REV. 3 (1978) [hereinafter cited as Baadel; Batiza, The Actual Sources of the Louisiana Projet of 1823: A General Analytical Survey, 47 TUL. L. REV. 1 (1972) [hereinafter cited as Batiza, Sources of the Louisiana Projet]: Batiza, The Actual Sources of the Marriage Contract Provisions of the Louisiana Civil Code of 1808: The Textual Evidence, 54 TuL.
    [Show full text]
  • Voluntary Refusal to Commit a Crime: Significance, General and Special Signs
    1884 International Journal of Criminology and Sociology, 2020, 9, 1884-1888 Voluntary Refusal to Commit a Crime: Significance, General and Special Signs Sergej N. Bezugly, Evgenij A. Ignatenko*, Elena F. Lukyanchikova, Oksana S. Shumilina and Natalia Yu. Zhilina Belgorod State University, 85 Pobedy Street, Belgorod, 308015, Russian Federation Abstract: The article describes and examines the significance of the rule of the voluntary refusal to commit a crime, as well as explores its general and special signs. It is noted that the voluntary refusal to commit a crime is the rule contained in any modern, progressive law. In this vein, there are different theoretical approaches to the determination of its value and signs. The signs are debatable in nature, and their establishment by the law enforcer may cause difficulties. The difference between voluntary refusal to commit a crime, which is implemented in three functions, is determined, definitions of general signs of voluntary refusal are proposed, their content is clarified. Special signs of voluntary refusal are disclosed. Keywords: Voluntary refusal to commit a crime, signs of voluntary refusal, stages of a crime, preparation for a crime, attempted crime, criminal liability. INTRODUCTION instance, Greenawalt investigates communications that can lead to antisocial behaviour. Moreover, he Each rule of criminal law has its significance, which concentrates on criminal counselling and vaguer is subject to theoretical understanding. Voluntary advocacy of crime, that is to say, definitions refusal to commit a crime implements several encouraging illegal actions. However, the discussion necessary socially useful, humanistic, economic also covers provocative comments that trigger hostile, functions. violent responses, as well as to disclosures of the reality that supplies incentives to commit crimes or help The issue of signs of voluntary refusal is highly with their commission.
    [Show full text]
  • Children of a One-Eyed God: Impairment in the Myth and Memory of Medieval Scandinavia Michael David Lawson East Tennessee State University
    East Tennessee State University Digital Commons @ East Tennessee State University Electronic Theses and Dissertations Student Works 5-2019 Children of a One-Eyed God: Impairment in the Myth and Memory of Medieval Scandinavia Michael David Lawson East Tennessee State University Follow this and additional works at: https://dc.etsu.edu/etd Part of the Comparative Literature Commons, Cultural History Commons, Disability Studies Commons, European History Commons, European Languages and Societies Commons, Folklore Commons, History of Religion Commons, History of Science, Technology, and Medicine Commons, Medieval History Commons, Medieval Studies Commons, Scandinavian Studies Commons, and the Social and Cultural Anthropology Commons Recommended Citation Lawson, Michael David, "Children of a One-Eyed God: Impairment in the Myth and Memory of Medieval Scandinavia" (2019). Electronic Theses and Dissertations. Paper 3538. https://dc.etsu.edu/etd/3538 This Thesis - Open Access is brought to you for free and open access by the Student Works at Digital Commons @ East Tennessee State University. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of Digital Commons @ East Tennessee State University. For more information, please contact [email protected]. Children of a One-Eyed God: Impairment in the Myth and Memory of Medieval Scandinavia ————— A thesis presented to the faculty of the Department of History East Tennessee State University ————— In partial fulfillment of the requirements for the degree
    [Show full text]
  • The Abandonment Defense
    European Journal of Molecular & Clinical Medicine ISSN 2515-8260 Volume 07, Issue 03, 2020 3122 THE ABANDONMENT DEFENSE Dildora Kamalova Tashkent State University of Law, Republic of Uzbekistan Abstract: In this article, the author analysed the role, significance and need for the correct determination of the motive for the pre-crime abandonment based on the analysis of a judgment, and also developed scientific conclusions on this issue. Key words: voluntary renunciation, motivation, volunteering, finality, preparation for crime, criminal attempt, rape, forceful sexual intercourse in unnatural form INTRODUCTION The adoption of the Criminal Code of the Republic of Uzbekistan in 1994 (1994) marked a new stage in the development of the criminal law, which establishes responsibility for the stages of crime. The legislature, after analyzing law enforcement practices, has seriously revised its criminal law provisions. Thus, a new chapter entitled "Incomplete Crimes" was added to the Code. It is noteworthy that for the first time in criminal law the concept of "incomplete crimes" was used. Article 25 of the Criminal Code is called preparation for a crime and attempt to commit a crime, and Article 26 of the Criminal Code is entitled "voluntary return from the commission of a crime", which includes the concept of voluntary return from a crime, its signs and legal consequences. It is crucially and globally important to apply properly criminal law norms in regard inchoate crimes, differentiation of sentencing for preparation of an offence and criminal attempt, individualizing punishment of convicts, properly identify the features of pre-crime abandonment, differ it from inchoate offence and finally rewarding active and good behavior which is aimed at deterring a crime.
    [Show full text]
  • A Treatise on International
    This is a reproduction of a library book that was digitized by Google as part of an ongoing effort to preserve the information in books and make it universally accessible. http://books.google.com Atreatiseoninternationallaw 1 \ ' I ' \' ' ' '. I 1 . 1 *• ' \ i !•:■)■.. ' ! s A TREATISE ON INTERNATIONAL LAW INCLUDING AMERICAN DIPLOMACY BY HON. CUSHMAN K. DAVIS Lale Chairman Committee on Foreign Relations, V, S. Senate INTRODUCTION BY HON. HENRY CABOT LODGE, L. L. D. ANNOTATED AND REVISED BY PETER J. HEALY, D. C. L. ST. PAUL, MINN., KEEFE-DAVIDSON LAW BOOK CO. 1901. COPYRIGHT, 1001. RY MRS. CUSIIMAN K. DAVIS. Webb Piiblihhinu Co. Prksk, St. Paul. INTRODUCTION. The lectures contained in this volume were delivered by Senator Davis when many im portant international questions were attract ing the attention of the American people. By legal training, supplementing his natural ability, and hy his experience as chairman of the committee on foreign relations in the United States senate, Senator Davis was em inently qualified to deal with these questions, and, in view of the subsequent action of the United States with respect to the Hawaiian Islands and Cuba, which he here discusses at length, these lectures will be found espe cially interesting and instructive, inasmuch as the United States proceeded along the line of his suggestion. The varying views of the many writers on international law in regard to questions which are not entirely settled tend to confuse the student who is just be ginning the study of this great subject. To such students, therefore, these lectures should 300171 prove of real value, because the general prin ciples laid down are conclusions drawn from a comparison of the best authorities of the present time, and from the history and prac tice of nations in their international inter course.
    [Show full text]
  • The Influence of Spanish Laws and Treatises on the Jurisprudence of Louisiana; 1762-1828, 42 La
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Louisiana State University: DigitalCommons @ LSU Law Center Louisiana Law Review Volume 42 | Number 5 Special Issue 1982 The nflueI nce of Spanish Laws and Treatises on the Jurisprudence of Louisiana; 1762-1828 Raphael J. Rabalais Repository Citation Raphael J. Rabalais, The Influence of Spanish Laws and Treatises on the Jurisprudence of Louisiana; 1762-1828, 42 La. L. Rev. (1982) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol42/iss5/5 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. THE INFLUENCE OF SPANISH LAWS AND TREATISES ON THE JURISPRUDENCE OF LOUISIANA: 1762-1828 Raphael J. Rabalais* In recent years there has been a rebirth of interest in the civilian influences on the development of law in Louisiana. While a number of scholarly articles have discussed the French sources of the Loui- siana Civil Codes of 1808 and 1825,' there have been relatively few comprehensive attempts to assess Spain's influence on Louisiana jurisprudence! The purpose of this paper is, first, to recall briefly * Professor of Law, Loyola University School of Law, New Orleans. 1. See. e.g., Baade, Marriage Contracts in French and Spanish Louisiana: A Study in 'Notarial" Jurisprudence, 53 TUL. L. REV. 3 (1978) [hereinafter cited as Baadel; Batiza, The Actual Sources of the Louisiana Projet of 1823: A General Analytical Survey, 47 TUL.
    [Show full text]
  • The EU Cross-Border Mergers Framework and Harmonization of Dissenting Shareholder’S Rights
    2498-5473 / USD 20.00 HUNGARIAN JOURNAL OF LEGAL STUDIES 58, No 3, pp. 311–325 (2017) © 2017 Akadémiai Kiadó, Budapest DOI: 10.1556/2052.2017.58.3.5 To be or not to be; the EU cross-border mergers framework and harmonization of dissenting shareholder’s rights HAMED ALAVI* TATSIANA KHAMICHONAK** Abstract. To date, the Cross-border Merger Directive is known as a successful attempt in harmonizing cross- border merger rules within the overall under-harmonisation of EU company law. Transnational companies merge across the Union in accordance with the European cross-border mergers framework. However, concerns in many respects are not met. Issues like descending shareholder protection and creditors’ rights still raise valid questions. The legal aspects of dissenting shareholders’ rights and their protection against the majority decision are not- harmonized at the Union level and leave the issue under the control of the national law of the Member States. Therefore, the Member States provide divergent levels of protection for dissenting shareholders of a cross-border merger transaction within their national framework. Such divergence extends from providing no special rights for minority shareholders in cross-border mergers to transposing the respective provision in the Cross-Border Mergers Directive in national laws and provide particular remedies for such group of shareholders in cross-border mergers taking place subjected to their national law. This paper endeavors to answer the question of ‘Whether or not further harmonization of protection mechanisms for dissenting shareholders within cross-border merger transactions in the EU necessary?’. Keywords: minority shareholders, dissenting shareholders, shareholder voting, cross-border merger, Cross-Border Merger Directive, protection of dissenting minority shareholders.
    [Show full text]