This article serves to introduce an aspect of current research related to the review of the Seychelles Civil Code and the important question of the role of trusts. The Civil Code is based on the Code Napoléon and has therefore no provision for the trust of English law. The Courts of Seychelles...

As is typical of a Breyer opinion, Unicolors v. H&M—the only IP decision this Term—illuminates the distinction between mistakes of fact and of law and explains the reasoning by virtue of a brief hypothetical. Imagine someone (named John) who sees a flash of red in a tree and blurts out,...

This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...

The proliferation of rules aimed at the management of cross-border insolvencies has not been coupled with sufficient attention to the choice of law rules relating to the avoidance of antecedent transactions as legal acts detrimental to all the creditors. This article is the first of its kind in...

The article deals with class actions against banks and credit card companies under Israeli Law.The article criticizes the conservative approach of the courts and their reluctance to certify the submission of class actions. The courts interpret the conditions set forth in the Law with excessive...

This paper examines the law and economics of third-party financed litigation. I explore the conditions under which a system of third-party financiers and litigators can enhance social welfare, and the conditions under which it is likely to reduce social welfare. Among the applications I consider...

This is the Japanese version of Class Actions in Brazil - A Model for Civil Law Countries, 51 American Journal of Comparative Law 311 (2003). The translation was prepared by Professors Koichi Miki and Hiro Uranishi. Asserting that class actions are compatible with civil law systems, the author...

Acknowledging the growing interest in law and economics in New Zealand, the Forward to the first issue of the 1996 Review highlights the role of economics in informing public policy assessments and developments in New Zealand

Asserting that class actions are compatible with civil law systems, the author describes the Brazilian system of class actions, comparing it with its American counterpart, and placing it in the context of other systems' approaches to class action litigation. In this paper, the author presents...

Conflict is an inevitable facet of international relations. As much as the nations of the world work harmoniously in order to achieve their mutual interest, they also disagree as they strive to protect and preserve their individual national interests. Where conflict is inevitable and is part of...