Comparative Obligations… Limitation of Actions in the Slovenian Law of Obligations: Judges as Harbingers of Spring?, by Karmen Lutman 7 Feb 202512 Feb 2025 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…
Comparative Obligations… When Judicial Creativity Goes Wrong: The Case of Punitive Damages in Peru, by Sergio Garcia Long 24 Jan 202523 Jan 2025 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;…
Judicial Creativity and the Law of Obligations… Indexation and Monetary Correction: Tackling Venezuela’s Inflation by Means of Judicial Interpretation, by Julio-Cesar Betancourt 13 Dec 202412 Dec 2024 Introduction Venezuela is an oil-rich country that has been severely devastated by decades of misgovernment, corruption, and populism. It has more than 300 billion barrels of proven crude oil reserves,…
Judicial Creativity and the Law of Obligations Nothing New under the Sun? New Codifications and Old Questions, by Marcus Galdia 8 Nov 2024 Creativeness in Law and Judicial Creativeness Creativeness in law as a topic of academic inquiry is challenging in many respects. Law, unlike some other forms of communication, avoids subjectiveness, which…
Judicial Creativity and the Law of Obligations South African Statutory Consumer Law and the Courts: The Curious Case of the Dog That Did Not Bark, by Jacques du Plessis 25 Oct 2024 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 202428 Nov 2024 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 Reforming the Law relating to Contracts for the Sale of Goods and the Sale and Supply of Digital Content and Services: A Brexit Divide?, by Paula Giliker 11 Oct 2024 This blog piece takes the theme of ‘Reforming the Law of Obligations and Judicial Activism’ and places it in the context of EU consumer contract law reforms. These have brought…
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