the possibility of bringing action in rem, is a privilege recognized in common law particularly in the maritime regulations of common law countries .on this basis, plaintiff may, subject to specified conditions, bring action against some properties (ship, cargo,…) instead of their owners, in order to enforce many maritime claims and in the case of pronouncing judgment in his or her favor, the j...

Abstract Can claimants choose between contract and tort claims arising on the same facts with different jurisdictional and/or choice-of-law consequences? While domestic legal systems generally recognise concurrent liability, commentators object that its extension to private international law would be unprincipled threaten field's values. This, however, contrasts position in common under EU Regu...

the article examines the relationship between tort damages for personal injury and social security benefits in iranian law with a comparative view on english and french law. amongst four potential policies (cumulation, reduction, election and recoupment), the statutory provisions of iranian law have chosen the latter one. but in practice these texts have paradoxically lead to a fifth excessive ...

When talking about unfair competition, business ethics has to be involved, which means to judge whether the competition is fair or not is very much ethical debate. And its connotation is also evolving along with the development of social economy, so in this sense, defining “fair competition” or “unfair competition” is very difficult. Therefore, whether it is related to international conventions...

This paper, prepared for the 2001 Washburn Torts Seminar, argues that tort law has some properties that make it superior to statute-based regulatory schemes as a system of environmental protection. In particular, two arguments, one based on enforcer-malfeasance and one based on information, suggest that tort law is preferable to statutory regulation. I sketch these arguments and apply them to n...