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This book addresses current practices in customary law. It includes contributions by scholars from various legal systems (the USA, France, Israel, Canada etc.), who examine the current impacts of customary law on various aspects of private law, constitutional law, business law, international law and criminal law. In addition, the book expands the traditional concept of the rule of law, and argues that lawyers should not narrowly focus on statutory law, but should instead pay more attention to the impact of practices on “real legal life.” It states that the observation of practices calls for a stronger focus on usage, customs and traditions in our legal systems – the idea being not to replace statutory law, but to complement it with customary observations.
Custom was fundamental to medieval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the medieval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualized in writing. Based on French lawbooks known as coutumiers, Ada Maria Kuskowski traces the repercussions this transformation – in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular – had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary law.
Time travel -- Time travel avoided (or, justice denied) -- Time as money -- Bartering with time -- Fearing the power of tax time.
If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms. The arbitrator often resolves the dispute by applying trade usages, either to interpret the ambiguous terms or to determine what the given contract's terms really are. This recourse to trade usages does not create many problems on the domestic level. However, international arbitrations are far more complex and confusing. Trade Usages and Implied Terms in the Age of Arbitration provides a clear explanation of how usages, and more generally the implicit or implied content of international commercial contracts, are approached by some of the most influential legal systems in t...
A obra pretende fornecer uma visão aprofundada da problemática da alteração superveniente das circunstâncias, com especial enfoque nas especificidades que devem resultar da sua compreensão em sede de contratação comercial. As linhas que se apresentam têm subjacente uma motivação predominantemente operativa, focada na aplicação do direito e no difícil equilíbrio entre as aspirações de estabilidade e flexibilidade que permeiam as operações económicas duradouras. Para tal, o seu conteúdo centra-se sobretudo no estudo dos mecanismos contratuais que visam regular situações de perturbação superveniente das circunstâncias e na compreensão teleológica e subsequente densificação dos requisitos e consequências legais da atribuição de relevância jurídica a uma tal perturbação à luz do direito português.
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