Democracy functions as a system with formal and informal institutional interrelated mechanisms serving the purpose of translating social preferences into public policies. Enhancing the effectiveness of society’s dispute resolution mechanisms is also a way to address social preferences through public policies within the judicial domain.1 Therefore, it is necessary to ensure that the institutions...

In this paper, I consider whether the recent overhaul of French contract law via ordonnance No 2016-131 10 February 2016 has changed principles judicial interpretation commercial contracts, and how these compare with in English law. One questions ask is traditional dichotomy between subjective approach objective one been altered now that principle incorporated Code civil. explore both jurisdict...

En las diferentes instituciones del sector salud del Perú, los médicos reciben y asisten diariamente a personas con traumatismos ocasionados por agresiones intradomiciliarias. Por otra parte, las autoridades policiales, fiscal o judicial solicitan a los médicos una descripción detallada de las lesiones con la respectiva identificación de los agentes causantes (objetos contundentes, arma blanca,...

The introduction of molecular biology techniques, especially of DNA analysis, for human identification is a recent advance in legal medicine. Substantial effort has continuously been made in an attempt to identify cadavers and human remains after wars, socio-political problems and mass disasters. In addition, because of the social dynamics of large cities, there are always cases of missing peop...

The 1991 Credit Lyonnais court ruling expanded the fiduciary duties of managers towards debtholders in near-insolvent Delaware firms. Differences-in-differences tests reveal that innovation efficiency increased among all Delaware firms following the ruling. Further, Delaware firms close to (far from) insolvency reduced (expanded) their R&D expenditures and innovation output. Both sets of firms ...

The paper states that recently changes have been made to the procedural codes, which actually led legislative recognition of judicial practice as a source substantive law (including civil law). Judicial practice, at least since mid-90s last century, has not stopped trying master law-making function, intensity significantly decreased after Supreme Arbitration Court Russian Federation ceased its ...

This Federal Judicial Center publication was undertaken in furtherance of the Center's statutory mission to conduct and stimulate research and development for the improvement of judicial administration. The views expressed are those of the authors and not necessarily those of the Federal Judicial Center.