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Trindade, João Carlos - 2020

clear or well-intentioned. Real structural reforms need to be made for the judiciary to be able to affirm itself as a real …

Persistent link: https://www.econbiz.de/10012301850

Judicial Variation of CVA

Ho, Look Chan - 2008

A company voluntary arrangement ('CVA') under Part I of the Insolvency Act 1986 ('IA') is a statutory contract into which terms may be implied on ordinary contractual principles. Although some cases proclaim that the court has no power to vary the terms of a CVA or authorise a breach of the CVA...

Persistent link: https://www.econbiz.de/10014213115

Terrorism Trials in Article III Courts

Donohue, Laura - 2015

Persistent link: https://www.econbiz.de/10013030287

Common Law Equity in a Civil Law Country

Angelo, Anthony H.; Allan, Ashleigh - 2016

This article serves to introduce an aspect of current research related to the review of the Seychelles Civil Code and the important question of the role of trusts. The Civil Code is based on the Code Napoléon and has therefore no provision for the trust of English law. The Courts of Seychelles...

Persistent link: https://www.econbiz.de/10014129243

Judicial Independence, Constitutions, and Politicians

Abbasi, Hossein Alikamar - 2015

Many countries strive to provide independence to their judges and improve judicial quality through incorporating formal protection clauses in their constitution. This constitutional protection, I argue, has not been effective. Using a comprehensive set of indicators of constitutional protection,...

Persistent link: https://www.econbiz.de/10014167775

Do judicial assignments matter? : evidence from random case allocation

Ganglmair, Bernhard; Helmers, Christian; Love, Brian J. - 2024

Because judges exercise discretion in how they handle and decide cases, heterogeneity across judges can affect case outcomes and, thus, preferences among litigants for particular judges. However, selection obscures the causal mechanisms that drive these preferences. We overcome this challenge by...

Persistent link: https://www.econbiz.de/10014468955

Judicial Restructuring in the Courts of São Paulo

Waisberg, Ivo - 2018

The Insolvency Monitor is a pioneer initiative from the Núcleo de Estudos de Processos de Insolvência - NEPI (Research Center of Insolvency Proceedings) of PUCSP (the Catholic University of São Paulo) and the Associação Brasileira de Jurimetria – ABJ (Brazilian Association of...

Persistent link: https://www.econbiz.de/10012906686

Fragile Markets : An Experiment on Judicial Independence

Arruñada, Benito; Casari, Marco - 2018

Contract enforcement does not only affect single transactions but the market as a whole. We compare alternative institutions that allocate enforcement rights to the different parties to a credit transaction: either lenders, borrowers, or judges. Despite all parties having incentives to enforce...

Persistent link: https://www.econbiz.de/10014050946

Confidence in the Judicial System and Court Experience : Evidence from Brazil

Sampaio, Joelson Oliveira; De-Losso, Rodrigo; Gross … - 2014

the judiciary, there is a gap on the causal relationship between these two variables. The purpose of this paper is to … examine the causal relationship between confidence in the judicial system and utilization of the judiciary in Brazil. To … judiciary, we used instrumental variable approach: IV Probit. We used the news of corruption (front page coverage of corruption …

Persistent link: https://www.econbiz.de/10014143760

Judicial Independence in the EU – A Puzzle

Gutmann, Jerg - 2017

these two effects can explain why judicial reforms that should be conducive to an independent judiciary may seem to have …

Persistent link: https://www.econbiz.de/10012957115