Юридические документы о лизинге.
Проект документов о лизинге учрежден 01-10-1999 ; редакция от 01-11-2001.
Международная лизинговая энциклопедия.
The International Leasing Encyclopedia by Steven Gilyeart.
Энциклопедии не было в интернет последние полтора года, но это не означает, что ее нет вообще. я взял на себя смелость разместить на этом сайте всю подборку статей (собственно энциклопедию), с указанием адресов электронных почт авторов материалов и редактора. Материал на английском языке.
The Legal Systems of the World
There are basically four different types of legal systems in the world:
Civil Law. Civil law systems, sometimes referred to as "Continental Law" are the most pervasive worldwide. Based on the principles of Roman law as further developed through German, Dutch and French influence (such as the Napoleanic Code), civil law systems are found not only in Europe but also where the colonial powers of Continental Europe had colonies: Latin America (Spain), Brazil (Portugal), Francophone Africa and Southeast Asia (France), Indonesia (Dutch) and elsewhere in the Near and Far East.
Civil law systems are distinguished by their reliance on "codes" or a relatively detailed, published set of rules. The rulings of the courts generally do establish precedents and "learned commentary" by respected law professors and others has more importance than any case opinions which might happen to get published. The civil law also has a general law of obligation which allows for and may even require a rewriting of a contract if there has been a major, unexpected change in general circumstances.
Common Law. Common law systems are found in England and where England had its colonies--the United States, Canada, Australia, New Zealand and, to a lesser degree, India, Pakistan, Sri Lanka and other areas of the Commonwealth. The legal principles evolved from a focus on the needs of the Crown. Common law systems do not rely as strongly on codification as civil law systems do, although all common law jurisdictions has seen explosive growth in their published laws and rules. Published court opinions do set strong precedents and learned commentary plays generally plays a very minor role. There is no law of general obligation and a party who has signed a contract is bound by its terms without change even with a radical change in general circumstances. However, at least in the United States, the "principles of equity" have been so expansively applied that they have essentially created one.
Central Authority. Central authority systems are found in a few of the former states of the Soviet Union, Eastern Europe, China and in such countries as Cuba, Libya, North Korea. They rely on the directives of a person such as a royal figure, dictator, or central governing committee such as a politburo or other central committee. Representative groups, such as parliaments and general assemblies serve primarily an advisory role, which may be significant or insignificance. Political needs and issues predominate and shape the legal landscape far more than independent, long-standing principles of jurisprudence. Law is viewed as a tool to be used to achieve desired political goal; it thus can be and generally is very flexible, depending upon the political circumstances of the moment.
Theocratic. Theocratic legal systems incorporate the moral code and societal organizational principles of a particular religion. The most significant theocratic legal systems today are those found in the Middle East based on the Qu'ran, such as in Iran. Sometimes, a theocratic system will be combined with a central authority system, such as in Saudi Arabia. The religious texts and their scholarly interpretations act as a constitution for rule-making and even as a direct source of a number of specific rules of law. Where supplementation is needed, religious principles rather than populist desires inform the decision.
As with any system of categorization, not everything found in the real world fits neatly into one category to the exclusion of another. This is true with the various legal systems found from one country to the next as well. Moreover, the globalization of world economies and the rapid exchange of information in a worldwide communication environment are cross-fertilizing the traditional approaches within a country. Common law systems are becoming much more "civil-like" and vice versa. Central authority systems are expanding their codifications of laws on an ever increasing range of topics. Groups such as the Institute for the Unification of Private Law, headquartered in Rome, are promoting a harmonization of legal principles on an international basis. Yet, more that anything, the needs of business, which are increasingly international in every way, are driving the creation of an aggregated legal system that will become increasingly more familiar as one crosses the border.
Article by Steven Gilyeart.
Updated 6 March 1998
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