Since 1 December 2019, a creditor holding a guarantee from an individual for a corporate debtor’s borrowing may proceed against that guarantor through several channels at once: a civil suit or Debts Recovery Tribunal application on the contract, enforcement of any security under the SARFAESI Act, and Part III of the In...
This essay presents a novel contribution to the discourse on contractual interpretation by disentangling the historical, principled application of ‘Commercial Common Sense’ (‘CCS’) from its expanded, value-laden use in contemporary Scots contract law. While numerous commentators have scrutinised CCS for its conceptual...
This article examines the juridification of green bonds under Spanish law in light of Royal Decree 214/2025 and its interaction with Regulation (EU) 2023/2631 on European Green Bonds. It argues that sustainability no longer operates merely as a reputational statement or as a subjective motive of the issuer, but progres...
Fabrizio Cesareo· REVISTA LEX MERCATORIA Doctr...· 0 citations
Sovereign wealth funds are public bodies that commit capital through private-law contracts, yet scholarship on their governance has concentrated on the institutional layer of mandates, boards, and voluntary disclosure, leaving the transactional layer, where public capital is actually committed, without doctrinal attent...
Ivan Widjaja, Budi Parmono· Journal of Law, Politic and...· 0 citations
The central question of the present study is whether the rule of La-Zarar (“no harm and no harassment”) can serve as a legal basis for claiming damages arising from the dissolution of an engagement (namzadi) under Iranian law, and how the Civil Code and jurisprudential interpretations—particularly the opinion of Imam K...
Mehdi Zarei Alami, Abbas Arab Khazaeli, Seyed Mehdi Ahmadi· The Encyclopedia of Comparat...· 0 citations
This article examines a paradox in South Africa’s post-apartheid constitutional order: a Constitution drafted to dismantle racial dispossession has become a principal legal framework through which the holdings that dispossession generated are secured. Although the 1996 Constitution is widely regarded as among the world...
Cwenga Mayekiso· International Journal of Con...· 0 citations
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