Search results for "legal change"
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The Theory of Forms Without Substance a Romanian Legal Transplant Theory Ahead of its Time
2020
Abstract Comparative law and legal history show us that law is dynamic, always in continuous development, change, or mutation. This dynamic dimension has become a central concern for the comparative law scholars. The circulation of legal models in the world (e.g. legal transplant, legal transfer, legal borrowing, legal migration) is an evergreen issue. This phenomenon has provoked numerous doctrinal disputes, which have been encapsulated in complex theories on its possibilities and impossibilities. In the present article, we will not explore the many modern theories regarding legal transplantation (or under other metaphors). Instead, we will go back in time, in the second half of the ninete…
Quale disciplina per la violazione di norme internazionali?
2023
In this chapter the traditional legal issues concerning the legal regime which applies to international law violations are described, according to an original perspective. First of all, some specific problems (such as the place of fault and damage; the moment in which a violation can be considered as being committed, and the conditions governing such a commission; the role to be recognized to countermeasure in the general framework of the legal consequences of internationally wrongful acts, etc.) are solved, at variance with the mainstream opinion. Second: the elements of an internationally wrongful act as well as its legal effects are both examined with regard to the general regime and som…