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We examine how partners in vertical exchange relationships actually resolve disputes that are sufficiently serious to get lawyers involved. Reaching beyond the usual domain of organizational and management research we leverage findings from law and economics to offer a novel organizational...
Persistent link: https://www.econbiz.de/10015231776
On October 5, 2016, the Brazilian Federal Supreme Court decided that imprisonment of convicts in second-instance before the res judicata does not affect article 283 of the Penal Code. The objective of this study is to analyze, without judging the constitutionality of the novel juridical act, the...
Persistent link: https://www.econbiz.de/10015257600
A buying and selling is a human activity in fulfilling the needs of his life. In law Muamalah, there are several trades that are forbidden and there are some trades that are legalized (allowed). One of the sale and purchase that is forbidden is the sale of speculation (Gharar). Gharar buying and...
Persistent link: https://www.econbiz.de/10015261544
In recent years, the European Union has insisted that convicts should be deprived of illegally obtained goods as a result of a crime. The asset confiscation resulted from crimes is one of the most effective tools in the fight against organized crime. In order to ensure a common approach to...
Persistent link: https://www.econbiz.de/10015267634
The paper addresses the issue of the impact of asymmetric information on risk aversion of litigant parties in a model à la Bebchuk. First we study the case where the plaintif is the informed party, and characterize the equilibrium with and without a pretrial negociation round. Then, we focuse...
Persistent link: https://www.econbiz.de/10015268781
South Asia is a region of diverse post-colonial countries that are undergoing significant constitutional and socioeconomic change. Constitutional law scholars have taken an interest in South Asian constitutionalism and how the region is addressing its unstable democratic systems. In recent...
Persistent link: https://www.econbiz.de/10015270783
It has long been recognized that some plaintiffs sue defendants out of malice, but malicious litigation has not been previously modeled in the law and economics literature. I construct a simple model of malicious litigation, wherein malice is defined by the plaintiff’s obtaining some utility...
Persistent link: https://www.econbiz.de/10015250830
Conflicts generate profound shocks that destabilize political systems and erode the legitimacy of governing regimes. In the context of Ukraine, these adverse effects have taken on a distinct form, referred to here as the "Ukrainian Syndrome." The phenomenon describes the paradoxical coexistence...
Persistent link: https://www.econbiz.de/10015214701
Child labour is one of the severe problems faced by developed and developing economies. The Convention on the Rights of the Child (CRC) adopted on 20 November 1989 and entered into force on 2 September 1990. Nevertheless the challenges faced by the children remained the same. In some of the...
Persistent link: https://www.econbiz.de/10015214988
Although, Islamic law has been in existence for more than fourteen hundred years, but its implementation have been subjected to the willingness of the rulers in the passage of history and civilization. Although, the study on financial contracts has been extensively reviewed, the role of Islamic...
Persistent link: https://www.econbiz.de/10015215873