Now showing items 1-7 of 7
The mélange of innovation and tradition in Maltese law: the essence of the Maltese mix?
Aim of this paper is to provide valuable insights into the Maltese legal system with a special focus on private law. The assumption is that this legal system is the byproduct of the "mixing" of innovation and tradition, ...
The methodology used to interpret customary land tenure
Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, ...
What happens when the judiciary switches roles with the legislator? An innovative Israeli version of a mixed jurisdiction
Civil Law codices are analytic, abstract and removed from the specific influence of particular cases. When rules are codified In Common Law systems they reflect a collection of rulings and not a collection of analytic ...
The characteristics of an abstract system for the transfer of property in South African law as distinguished from a casual system
Two divergent systems are usually differentiated between when it comes to the way in which real rights are transferred from one person to another, namely abstract and causal systems. In this article the features of each ...
Innovation in a hybrid system: the example of Nepal
The Nepali legal tradition is a legal hybrid in many regards. Nepal was not colonised by a Western state, and the Hindu legal tradition therefore dominated all areas of law until the middle of the 20th century. Since the ...
The enigmatic but unique nature of the Israeli legal system
The Israeli legal system is unique in that it straddles the two otherwise opposing worlds of tradition and innovation. This creates an enigma for the comparatist, making the exploration of this system an onerous and ...