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Ukrainian Abstract: У своєму розвитку коносамент пройшов декілька послідовних етапів, які характеризують важливість цих відносин для економіки будь-якої країни. Так,...
Persistent link: https://www.econbiz.de/10012841585
This article argues that punitive, nominal, contemptuous, vindicatory, and disgorgement damages (commonly referred to as non-compensatory damages) can be collectively analysed as public interest damages because all these awards are justified by violations of public interests in addition to...
Persistent link: https://www.econbiz.de/10012843998
Over the course of its multi-decade existence, the Real Estate Settlement Procedures Act ("RESPA") has been amended to cover many diverse yet related “real estate” subjects. In its present iteration, two provisions — sections 2605(g) and 2609 — deal with mortgage escrow accounts, with...
Persistent link: https://www.econbiz.de/10012844314
The rapid rise of cryptocurrencies over the last twenty years has interjected havoc into the staid field of commercial law, one long regulated by the Uniform Commercial Code (“U.C.C.” or “UCC”). Naturally, many individuals and organizations started to count their stash of...
Persistent link: https://www.econbiz.de/10012844331
Section 365 of the Bankruptcy Code (“Code”), which focuses on the post-petition continuation of pre-petition contractual relations, controls the assumption and rejection of executory contracts and unexpired leases by a trustee or debtor-in-possession (“DIP”) in all bankruptcy cases....
Persistent link: https://www.econbiz.de/10012844339
This paper studies how the law conceives the relations between society and a person around one component of an individual's identity: the person's name. By giving a name, and transcribing it into the civil status registers, society recognizes an individual's existence. However, society may also...
Persistent link: https://www.econbiz.de/10012722801
The essay reflects upon the debate over intentionalism about statutory interpretation, and argues for a moderate version of intentionalism. It argues that the debate over intentionalism cannot be sorted out without establishing a viable conception of legislative authority. The outlines of such a...
Persistent link: https://www.econbiz.de/10012725362
In Mount Laurel Township v. Mipro Homes, LLC., 878 A.2d 38 (2005), 910 A.2d 617 (2006), the New Jersey courts were faced with the question whether the local government in Mount Laurel had legitimately exercised its power of eminent domain when it acquired a piece of property zoned for...
Persistent link: https://www.econbiz.de/10012726304
Persistent link: https://www.econbiz.de/10012739415
Ambush marketing is a marketing strategy that intersects with the law of unfair competition and one that provokes debate and competing arguments. The arguments of event organisers and sponsors have proved to be influential and, in response to pressure from those parties, legislatures in a number...
Persistent link: https://www.econbiz.de/10012772714