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Category: Judicial Creativity and the Law of Obligations

Europe…

Limitation of Actions in the Slovenian Law of Obligations: Judges as Harbingers of Spring?, by Karmen Lutman

7 Feb 20252 Nov 2026
1.     Introduction In a time of rapid social changes, civil codes might seem like fossils. Although it is considered that they should be amended with a delicate touch, occasional reforms…
Judicial Creativity and the Law of Obligations…

When Judicial Creativity Goes Wrong: The Case of Punitive Damages in Peru, by Sergio Garcia Long

24 Jan 20252 Nov 2026
Introduction There is constant friction between the stability of the law and the needs of practice. Civil codes are laws made to last for centuries to give stability and certainty;…
South Africa…

South African Statutory Consumer Law and the Courts: The Curious Case of the Dog That Did Not Bark, by Jacques du Plessis

25 Oct 202429 Oct 2026
1 Statutory Reform: the Consumer Protection Act 68 of 2008 The South African law of obligations is ‘mixed’, albeit in rather unequal parts. Most of its general principles derive from…
Judicial Creativity and the Law of Obligations…

Paternalism in Private Law: The Indian Supreme Court’s Evolving Interpretation of Section 11 of the Arbitration & Conciliation Act, 1996, by Abhijnan Jha and Natasha Singh

25 Oct 202429 Oct 2026
Introduction Where does judicial creativity end and judicial activism begin? The scholarly debate around the question remains unsettled, even as it assumes an increasing practical significance. In theory, judicial creativity…
Judicial Creativity and the Law of Obligations…

CALL FOR BLOG PIECES FOR BACL’S NEW ‘JUDICIAL CREATIVITY AND RECENT REFORMS OF THE LAW OF OBLIGATIONS’ SERIES

12 Jul 202429 Oct 2026
The British Association of Comparative Law (BACL) is pleased to announce a call for blog pieces for its new ‘Judicial Creativity and Recent Reforms of the Law of Obligations’ series.…

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