HIV+ Sex

Tiernan, Mona

doi:10.1037/a0001683

Cited by 2 publications

(3 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The importance of the liability for fault of the fault-based liability in the English common law increased with the development of the tort of negligence [32]. Second it is to be noted also that the presence or the absence of one of these three aspects of the"state of mind" of which the moral component of the tort is made up, determines the sub-type of the fault-based liability [33], this is because the English common law does not include a general rule governing the civil liability arising from the tort, contrary to civil law system. Therefore, the presence of the negligence refers to the liability from the tort of negligence.…”

Section: The Situation Of the Islamic Jurisprudence And The Comparati...mentioning

confidence: 99%

The Extent to Which the Fault Is Required as a Basic Element of the Tortious Liability in the Iraqi Civil Law: An Analytical Comparative Study

Ali

2024

IJLS

View full text Add to dashboard Cite

The Author has done his utmost to draw distinctions between the Iraqi civil law No. (40) of 1951 from one hand and the Islamic jurisprudence, the English common law and some other Arab comparative laws. Although the Iraqi civil law is affected by the Islamic jurisprudence, and borrows the term of guaranteeing the harmful act from the juristic maxims of this jurisprudence. But it adopts impliedly the concept of the fault in the first paragraph of the article (186), by stipulating the willfulness or encroachment of both the perpetrator and the abettor. Thus confusing between the system of the guarantee and that of the liability. Unlike the Islamic jurisprudence which adopts the idea of guaranteeing the harmful act, and distinguishes obviously between the guaranteeing of the perpetrator and that of the abettor. Or between the act done directly by perpetration and indirectly by causation, and does not recognize the idea of the fault. As far as the English common law is concerned, it adopts the fault-based liability as a general principle, the same is true for the Egyptian civil law No. 131 of 1948. Whereas both the Jordanian Civil Law No. 43 of 1976, and the Federal civil transactions law No. 5 of 1985 of the United Arab Emirates adopt the idea of guaranteeing the harm rather than the fault. The problem of the research lies in the confusion, embarrassment and perplexity in the situation of the Iraqi civil law concerning the basic element of the fault in the tortious liability. Therefore the author tries hard to solve confusion, remove both the embarrassment and perplexity by analyzing the true situation of the Iraqi civil law towards this basic element, and comparing it with the Islamic jurisprudence, which is considered as its original historical source, by which it is highly affected. As well as the English common law, considered as the leading legal system within the Anglo-American legal system, and different from the civil law system, led by the French civil code, by which the Iraqi civil law is indirectly affected, through being affected by the Egyptian civil law. The author suggests some relevant recommendations, the most important of which is thedistinction between the system of the liability and that of guaranteeing the harmful act, and adopt the former in the case of the damage done by perpetration, and the latter in the case of the damage done by causation.

show abstract

Section: The Situation Of the Islamic Jurisprudence And The Comparati...mentioning

confidence: 99%

The Extent to Which the Fault Is Required as a Basic Element of the Tortious Liability in the Iraqi Civil Law: An Analytical Comparative Study

Ali

2024

IJLS

View full text Add to dashboard Cite

show abstract

“…Constitutional Incongruence 349 _____________________________________________________________________________________ the balance of power that had been steadily swinging away from them. 59 The Adelaide meeting of 1991 did not immediately lead to any permanent institutionalisation of horizontal collaboration, even though meetings of Premiers and Chief Ministers continued in the lead-up to the final agreement on the National Competition Policy in 1995. There are some indications that this was due to an appreciation that subnational collaboration was ineffectual against Commonwealth domination.…”

mentioning

confidence: 99%

“…Adding further fuel to the fire was the Howard government's agenda of expansion into traditional areas of state responsibility. 61 From the perspective of the Premiers, 'there was a concerted effort to disempower the states through direct and conditional funding, and through expressing an ideological preference for national approaches over diverse policy perspectives'. 62 The clearest embodiment of the latter was the Howard government's enactment of the Work Choices industrial relations system using its unanticipated control of the Senate after the 2004 election.…”

mentioning

confidence: 99%

Constitutional Incongruence: Explaining the Failure of the Council of the Australian Federation

Chordia

Lynch

2015

Federal Law Review

View full text Add to dashboard Cite

The establishment and rise of the Council of Australian Governments (COAG) is, on balance, a story of the successful development of an executive-based institution for cooperative governance in the Australian federal system. By contrast, the Council of the Australian Federation (CAF), created in 2006 as a forum for interstate co-operation and policy development, has been far less effective. This article explores the reasons behind CAF's difficulties after a very short-lived initial impact. Integral to this account is the significance of Canadian experience of horizontal intergovernmental relations, which directly inspired the Australian Premiers to found CAF. The numerous indications of political congruence – some temporary, others systemic – between the Canadian and Australian settings obscured a deeper constitutional incongruence between the two jurisdictions and this is fundamental to appreciating CAF's failure as a transplant. CAF's ability to operate effectively as a significant institution was inevitably constrained by the parameters of the Australian federal system that its establishment was, in many ways, seeking to transcend.

show abstract

HIV+ Sex

Cited by 2 publications

References 0 publications

The Extent to Which the Fault Is Required as a Basic Element of the Tortious Liability in the Iraqi Civil Law: An Analytical Comparative Study

The Extent to Which the Fault Is Required as a Basic Element of the Tortious Liability in the Iraqi Civil Law: An Analytical Comparative Study

Constitutional Incongruence: Explaining the Failure of the Council of the Australian Federation

Contact Info

Product

Resources

About