the world of law has been dominated by waves of codification or re-codification and by currents of harmonization and unification. innumerable institutions, not only in europe but around the globe including in iran, try to bring legal systems together, and to suggest uniform laws. such attempts necessarily rely on comparative law as the first methodological tool. the european experience is an il...

legal fiction as a legal mechanism in various legal systems especially in formalist and inflexible legal systems is original subject of this article. in this article be analysed the nature and elements of legal fiction and its historical role in ancient roman law system and common law with comparative study in iran legal system. legal fiction as a legal mechanism in various legal systems especi...

stare decisis is one of traditional legal rules common law to be considered. according to this rule, the judge of the judicial decisions of thecommon law previous similar cases to use. this rule by some authorities such as the international criminal court to consider the implicit judgments about the observance of this rule before the verdict is so difficult. finally, cautious and visionary in c...

English Contract Law has long struggled to understand the effect of a fundamental common mistake in contract formation. Bell v. Lever Brothers Ltd. [1932] A.C. 161 recognises that a common mistake which totally undermines a contract renders it void. Solle v. Butcher [1950] 1 K.B. 671 recognises a doctrine of ‘mistake in equity’ under which a serious common mistake in contract formation falling ...

Lawrence Lessig called the most recent battle ‘‘Hollywood v. Silicon Valley,’’1 but one could just as well dub it ‘‘Code v. The Common Law.’’ The content industries’ latest efforts to re-calibrate the balance of copyright2 imply that the United States copyright system has reached a crisis that cannot be resolved under existing law. In particular, bills such as the Consumer Broadband & Digital T...

This past year, Judge Richard Posner published a pair of essays endorsing the common law method of constitutional interpretation. “David Strauss is right,” he wrote, in a contribution to Slate’s annual Supreme Court Breakfast Table. “The Supreme Court treats the Constitution like it is authorizing the court to create a common law of constitutional law, based on current concerns, not what those ...