Abstract:
Guardianship is a concept or relationship arising from the natural incapacitates of infants and persons of unsound mind and sometimes other category of persons to manage their own affairs. A guardian is a person who has the authority and the corresponding duty to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability. Most countries and states have laws that provide that the parents of a minor child are the legal guardians of that child, and that the parents can designate who shall become the child's legal guardian in the event of death.
Chapter one deals with introduction of the topic explaining role of Family Law, object and purpose of writing of the project, the research methodology used, the significance of the study undertaken for the project, the chapterization scheme, concept of guardianship and the powers of a guardian. Chapter two deals with Guardianship under Hindu Law, chapter three deals with Guardianship under Muslim Law and chapter four with guardianship under other laws, i.e, under Christian Law and under Parsi Law. The last chapter deals with conclusion of the project.
Srivastava, Mitali, Comparative Analysis of Guardianship Laws in India (January 10, 2012).
Purpose
Friday, September 21, 2012
Wednesday, September 19, 2012
Cultures of Tort Law in Europe
Abstract:
This article provides a short introduction to the present special issue of the Journal of European Tort Law, which critically investigates the cultures of tort law in four selected national or regional contexts in Europe: England, France, Germany and Scandinavia. It explains what is meant by the idea of a culture of tort law, summarises the articles that follow, and ends with some concluding reflections from a comparative perspective.
Oliphant, Ken. Cultures of Tort Law in Europe. Journal of European Tort Law. Volume 3, Issue 2, Pages 147–157, ISSN (Online) 1868-9620, ISSN (Print) 1868-9612, DOI: 10.1515/jetl-2012-0147, September 2012.
This article provides a short introduction to the present special issue of the Journal of European Tort Law, which critically investigates the cultures of tort law in four selected national or regional contexts in Europe: England, France, Germany and Scandinavia. It explains what is meant by the idea of a culture of tort law, summarises the articles that follow, and ends with some concluding reflections from a comparative perspective.
Oliphant, Ken. Cultures of Tort Law in Europe. Journal of European Tort Law. Volume 3, Issue 2, Pages 147–157, ISSN (Online) 1868-9620, ISSN (Print) 1868-9612, DOI: 10.1515/jetl-2012-0147, September 2012.
Tuesday, August 28, 2012
Cultural Comparative Law?
Abstract:
The main aim of this paper is to discuss some recent developments in comparative law. Many scholars – including Pierre Legrand, David Nelken and Csaba Varga – declared that comparative law is in need of a ‘cultural turn.’ They advocate a wide application of the concept of culture in comparative legal studies instead of relying on the classical legacy of functionalism and the notion of ‘legal families’ coined by Zweigert/Kötz and David. The paper presents cultural comparatism by examining Legrand’s theses and formulates some critical remarks. In conclusion, it is argued that the premises of cultural comparatism can be fruitfully applied in comparative law but this should be done with a modest and critical attitude since some points of culturalism imply unrealistic assumptions. The final claim of the paper is that a potential field of application may be the research of post-Socialist legal mentalité in Central Europe.
Fekete, Balazs, Cultural Comparative Law? (August 27, 2010). LEGAL AND POLITICAL THEORY IN THE POST-NATIONAL AGE, pp. 40-51, Cserne, Péter, Könczöl, Miklós, eds., Peter Lang, Frankfurt am Main, Berlin, Bern, Bruxelles, New York, Oxford, Wien. 2011.
The main aim of this paper is to discuss some recent developments in comparative law. Many scholars – including Pierre Legrand, David Nelken and Csaba Varga – declared that comparative law is in need of a ‘cultural turn.’ They advocate a wide application of the concept of culture in comparative legal studies instead of relying on the classical legacy of functionalism and the notion of ‘legal families’ coined by Zweigert/Kötz and David. The paper presents cultural comparatism by examining Legrand’s theses and formulates some critical remarks. In conclusion, it is argued that the premises of cultural comparatism can be fruitfully applied in comparative law but this should be done with a modest and critical attitude since some points of culturalism imply unrealistic assumptions. The final claim of the paper is that a potential field of application may be the research of post-Socialist legal mentalité in Central Europe.
Fekete, Balazs, Cultural Comparative Law? (August 27, 2010). LEGAL AND POLITICAL THEORY IN THE POST-NATIONAL AGE, pp. 40-51, Cserne, Péter, Könczöl, Miklós, eds., Peter Lang, Frankfurt am Main, Berlin, Bern, Bruxelles, New York, Oxford, Wien. 2011.
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