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Equity and law : fusion and fission
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ISBN: 1108373194 1108367828 1108421318 1108431755 1108369413 Year: 2019 Publisher: Cambridge : Cambridge University Press,

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Abstract

The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. Common law and equity were historically the two principal sources of rules and remedies in the judge-made law of England, and this bifurcated system travelled to other countries whose legal systems were derived from the English legal system. The division of law and equity - their fission - was a pivotal legal development and is a feature of most common law systems. The fusion of the common law and equity has brought about major structural, institutional and juridical changes within the common law tradition. In this volume, leading scholars undertake historical, comparative, doctrinal and theoretical analysis that aims to shed light on the ways in which law and equity have fused, and the ways in which they have remained distinct even in a 'post-fusion' world.


Book
The equity side of the exchequer : its jurisdiction, administration, procedures, and records : Yorke Prize essay for 1973
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ISBN: 0521204062 0521076595 0511896492 Year: 1975 Publisher: Cambridge : Cambridge University Press,

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The court of the exchequer, which was the ancient court of tax claims, assumed an equity jurisdiction in the sixteenth century which continued until 1841. This book describes the rise, development and abolition of this part of the court. Professor Bryson begins with a discussion of the rise of the equity side of the court during the reign of Henry VIII or Edward VI and its rapid growth under Elizabeth I. This is followed by a note on the generalizing of its jurisdiction at the beginning of the Interregnum. The third chapter deals with the duties of the principal officers - the lord treasurer, the chancellor of the exchequer, the barons of the exchequer, the king's remembrances, and the eight sworn clerks. The fourth chapter traces the equity procedures and describes the archives, which are now in the Public Record Office in London. This chapter will be useful to those who wish to compare this court with another court of equity or to use the exchequer records. Chapter 5 sets out the reasons for the suppression of the equity jurisdiction. This book supplies important information for the lawyer, the historian and the archivist.


Book
Fact-Gathering in Patent Infringement Cases: Rule 34 Discovery and the Saisie-Contrefaçon
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ISBN: 3845219718 3832948554 Year: 2009 Publisher: Nomos Verlagsgesellschaft mbH & Co. KG

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Abstract

Die Autorin beschäftigt sich mit der Informationsbeschaffung in Patentrechtsstreitfällen. Sie vergleicht die Regelungen im amerikanischen Recht mit dem französischen Institut der Saisie-Contrefacon.


Book
The American influence on international commercial arbitration : doctrinal developments and discovery methods
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ISBN: 131658500X 1108851142 110715152X 1316606112 Year: 2019 Publisher: Cambridge : Cambridge University Press,

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Abstract

As in its first edition, this book traces the contours of select US common law doctrinal developments concerning international commercial arbitration. This new edition supplements the foundational work contained in the first edition in order to produce a broader and deeper work. The author explores how the US common law may help bridge cross-cultural legal differences by focusing on the need to address these contrasting approaches through the nomenclature and goal of securing equality between party-autonomy and arbitrator discretion in international commercial arbitration. This book thus focuses on the common law development of arbitrator immunity, as well as the precepts of party-initiative and -autonomy forming part of the US common law discovery rubric that may contribute to promoting expediency, efficiency and transparency in international commercial arbitration proceedings. It does so by carefully analyzing, among other things, the International Bar Association (IBA) Rules on Evidence Gathering, the Prague Rules, and the role of 28 USC. §1782 in international arbitration.


Book
The American influence on international commercial arbitration : doctrinal developments and discovery methods
Author:
ISBN: 110719430X 0511576668 0511518021 0511515618 0511514484 0511516894 9780511518027 9780511576669 9780521765886 0521765889 9781107679375 1107679370 Year: 2009 Publisher: Cambridge : Cambridge University Press,

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Abstract

This text traces the contours of US doctrinal developments concerning international commercial arbitration. It explores international commercial arbitration as a bridge that creates symmetry between what the author perceives as an anomaly arising from the disparities between the monolithic framework arising from economic globalization and a fragmented global judicial counterpart. Specifically, American common law discovery precepts are analyzed through the prism of the fundamental precepts of party-autonomy, predictability, uniformity, and transparency of spender, which the author contends to be the rudimentary tenets of both the American common law procedural rubric and the very principles that international commercial arbitration seeks not only to preserve but to enhance. Therefore, as the author asserts, the discovery process endemic to American common law comports more closely with international commercial arbitration both procedurally and theoretically than with those of the 'taking of evidence' methodology commonly used in international commercial arbitrations held under the auspices of arbitral institutional bodies.


Multi
Exoneratieclausules
Author:
ISBN: 9026814011 Year: 1983 Publisher: Dordrecht : Kluwer,


Book
Fact-finding in civil litigation : a comparative perspective
Author:
ISBN: 9789400000742 Year: 2010 Volume: 85 Publisher: Antwerp : Intersentia,


Book
Ermittlung im deutschen und europaïschen kartell-ordnungswidrigkeiten verfahren
Author:
ISBN: 3789010731 Year: 1985 Publisher: Baden-Baden : Nomos Verlagsgesellschaft,

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