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Fundamental legal principles

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  • Chapter 9 - Fundamental legal principles. In this chapter we will discuss: Principle of indemnity, principle of insurable interest, principle of subrogation, principle of utmost good faith, requirements of an insurance contract, distinct legal characteristics of insurance contracts, law and the insurance agent.

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  • A concise account of international law by an experienced practitioner, this book explains how states and international organisations, especially the United Nations, make and use international law. The nature of international law and its fundamental concepts and principles are described. The difference and relationship between various areas of international law which are often misunderstood (such as diplomatic and state immunity, and human rights and international humanitarian law) are clearly explained.

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  • WHILE POLITICS WRESTLES with the Constitutional Treaty as the founding legal document de lege ferenda, this volume presents a European constitutional law—not as a mere project but as binding, valid law, as lex lata. Of course, no document in force carries this designation. Scholarly terminology, however, does not require the blessing of politics. There are good reasons to treat the European Union’s current primary law as constitutional law.

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  • Five preeminent legal theorists tackle a range of fundamental questions on the nature of the philosophy of criminal law. Their essays explore the extent to which and the ways in which our systems of criminal law can be seen as rational and principled. The essays discuss some of the principles by which, it is often thought, a system of law should be structured, and they ask whether our own systems are genuinely principled or driven by basic contradictions, reflecting deeper political and social conflicts....

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  • Accounting standards around the world have evolved over centuries of business and capital market development. In this process, accounting standards historically were designed to meet the needs of each nation’s capital markets. Those stan- dards that were found to work well in the legal, cultural, political and economic context of each nation became the “generally accepted accounting principles,” or GAAP, for that particular jurisdiction. Naturally, different norms in each nation led to different GAAPs in each nation.

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  • The development of administrative law is a prominent feature of the Australian legal landscape. The importance of this subject is highlighted by the fact that it is stipulated as a ‘core’ subject in the syllabi of many, if not most, law schools. One needs only to peruse the cases reported in the main law reports to appreciate its significance as a large area of legal practice. In this volume of essays, the contributors examine a number of fundamental topics of practical and doctrinal importance.

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  • Human rights are legally guaranteed by human rights law, protecting individuals and groups against actions that interfere with fundamental freedoms and human dignity.(3) They encompass what are known as civil, cultural, economic, political and social rights. Human rights are principally concerned with the relationship between the individual and the state. Governmental obligations with regard to human rights broadly fall under the principles of respect, protect and fulfil.

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  • As the International Criminal Court is gathering momentum and facing a growing case-load, it appears necessary to revisit the fundamental concept underpinning the Rome Statute: complementarity. Despite its apparent simplicity, this notion is extremely complex and the Court is now faced with pressing questions regarding its interpretation. Yet, no comprehensive study has hitherto been undertaken regarding the multiple facets, historical and contemporary, legal, philosophical and practical of the notion of complementarity...

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  • (1) The pursuit of a high level of protection of human life and health is one of the fundamental objectives of food law, as laid down in Regulation (EC) No 178/2002 1. That Regulation also lays down other common principles and definitions for national and Community food law, including the aim of achieving free movement of food within the Community. (2) Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs 2 laid down the general rules of hygiene for foodstuffs and the procedures for verification of compliance with these rules.

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