Contemporary Legal Knowledge and Practice PDF

Contemporary Legal Knowledge and Practice Comparative Laws - Singapore Institute of Legal Education Session 1 Gitta Satryani, Warathorn Wongsawangsiri, Debby Sulaiman, Reshma Nair Introduction to Civil Law and the Civil Code 1. Introduction to the Common Law and Civil Law traditions 2. The...

Contemporary Legal Knowledge and Practice Comparative Laws - Singapore Institute of Legal Education Session 1 Gitta Satryani, Warathorn Wongsawangsiri, Debby Sulaiman, Reshma Nair Introduction to Civil Law and the Civil Code 1. Introduction to the Common Law and Civil Law traditions 2. The Civil Code in Indonesia 3. The Civil and Commercial Code in Thailand 4. Minimal stare decisis: the practical significance  Introduction to the Common Law and Civil Law traditions Some key differences to keep in mind: Common law relies on statutes, it is largely based on precedent and development of case law. Civil law is codified. The main source of law is to be found in different codes. Civil law systems offer a formalised framework for contract law laying out the rules governing the agreements. Fact Pattern 2. The Civil Code in Indonesia Indonesia’s New Government Regulation on Toll Road Law No 38 of 2004 on Roads was amended on 12 January 2022 by Law Number of 2022 (“Law No. 2/2022”). Three other grounds for tariff adjustment were introduced: i. there is a procurement of traffic services in the toll road network system in certain regions; ii. there is an expansion of scope in the business plan of BUJT that impacts investment viability; and/or iii. there is a central government policy that affects investment viability. Credit: here 3. The Civil Code and Commercial Code in Thailand 3. The Civil and Commercial Code in Thailand Book 1 General Principles Book 1 Title 1 General Provisions Book 1 Title 2 Persons Chapter 1 Natural Persons Chapter 2 Juristic Persons Book 1 Title 3 Things Book 1 Title 4 Juristic Acts Book 1 Title 5 Periods of time Book 1 Title 6 Prescription Book 2 Obligations Book 2 Title 1 General Provisions Chapter 1 Subject of Obligations Chapter 2 Effects of Obligation Chapter 3 Plurality of Debtors and Creditors Chapter 4 Transfers of Claims Chapter 5 Extinction of Obligations Book 2 Title 2 Contracts Book 2 Title 3 Management of Affairs Without Mandate Book 2 Title 4 Unjust Enrichment Book 2 Title 5 Torts 3. The Civil and Commercial Code in Thailand Book 3 Specific Contracts Book 3 Title 1 Sale Book 3 Title 11 Suretyship Book 3 Title 2 Exchange Book 3 Title 12 Mortgage Book 3 Title 3 Gift Book 3 Title 13 Pledge Book 3 Title 4 Hire of Property Book 3 Title 14 Warehousing Book 3 Title 5 Hire-Purchase Book 3 Title 15 Agency Book 3 Title 6 Hire of Services Book 3 Title 16 Brokerage Book 3 Title 7 Hire of Work Book 3 Title 17 Compromise Book 3 Title 8 Carriage Book 3 Title 18 Gambling and Betting Book 3 Title 9 Loan Book 3 Title 19 Current Account Book 3 Title 10 Deposit Book 3 Title 20 Insurance Book 3 Title 21 Bills Book 3 Title 22 Partnerships and Companies Book 3 Title 23 Associations (Repealed) Book 4 Property Book 5 Family Book 6 Succession  3. The Civil and Commercial Code in Thailand Book 2 Obligations – Examples of Obligations Title 5 Chapter 1 Liability for Torts Liability for a person's own actions Direct Liability Section 420. Any person who, intentionally or negligently, has unlawfully injured the life, body, health, freedom, property or any right of another person is said to commit a tortious act and shall be obligated to pay compensation for such act. Liability for another person’s actions or objects Indirect Liability Section 425. The employer shall be jointly liable with his or her employee for the consequences of a tortious act committed by such employee in the course of his or her employment. This is similar to Section 427. (principal and agent), and Section 428. (employer and contractor) Owners or controller of vehicle shall be responsible for injury arising from such vehicle, unless it can be proven that the injury results from force majeure or fault of the injured person. (Section 437.), etc. Compensations for Wrongful Acts Section 438. A court shall decide on the manner and the extent of compensation according to the circumstances and the severity of the tortious act. Compensation shall include restitution of the property of which the injured person has been deprived by a tort or its value, including compensation to be granted for any damage arising. Prescription Section 448. The right to claim compensation for damages in tort shall be barred by prescription after one year has elapsed from the date on which the injured person comes to know of the tortious act and the identity of the person bound to pay compensation, or ten years have elapsed from the date of the tortious act. However, if the damages are claimed based on an act punishable under the criminal law for which a longer prescription is provided, such longer prescription shall apply. 4. Minimal Stare Decisis: The Practical Significance 4. Minimal Stare Decisis: The Practical Significance Civil law jurisdictions do not adopt a stare decisis in adjudication. No single decision binds a court. Once uniform case law develops, courts treat precedents as a persuasive source of law, taking them into account when reaching a decision. Principle of jurisprudence constante deriving from French Civil law.