Civil Law Sample Clauses

Civil Law. (Wrongs) Xxx 0000 (ACT) Ch 7A;
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Civil Law. (Wrongs) Act 2002 (ACT);
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Civil Law. The civil law generally enforces fixed sums, whether intended to approximate damages or to deter breach. Thus, a fixed sum intended as a “penalty” will typically be enforced. While a court may adjust the amount of a “penalty” it considers excessive, the fact that the “penalty” tends to deter breach does not, itself, preclude enforcement. The sole issue is the amount of the penalty and whether that amount is deemed excessive.64 In view of the fact that most civil law regimes provide limits on the amount of a penalty clause, one might be tempted to suggest a similarity between the civil and common law approach in that each provides certain limits on the amount of a contractually agreed upon fixed sum. However, any such suggestion fails to account for the fundamentally different approaches taken by the two systems in justifying such limits. As explained below, the common law abhors any penalty—irrespective of the amount.
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Civil Law. ‌ Civil law is the most widely used legal system in the world. Today’s civil law is the result of a codification movement in the aftermath of the French Revolution that did away with ancient feudal structures. The primary source of law in civilian jurisdictions is a codified statement of broad, abstract, and general principles with the judiciary being limited to the application of these codified principles and, at least in theory, not bound by precedent (stare decisis). There is a strong reliance on doctrine. In countries with civil law legal systems, the hierarchical structure of their legislation is clearly identified. Constitutions are typically at the top of the legal pyramid (usually in a single instrument) and the rest of the laws follow progressively in descending order, including general laws of national scope, decrees equivalent to laws, general regulations, and legal precedents. State or provincial laws and regulations also come into play depending on the federal or Unitarian nature of the legal structure of a particular country. Adhering to that hierarchical order, it is desirable that international treaties – in this case those treaties related to arbitration, and mainly for the sake of legal certainty for the arbitral proceedings and awards - are inserted within the country’s legal system at the same level or immediately below the nation’s constitution. That way, third parties have more certitude when dealing with the courts and institutions at the time of enforcing and recognizing foreign arbitral awards and proceedings. Also, parties to an arbitration can make use of those international treaties to protect their rights when national laws are less favorable and do not guarantee a level playing field. The judicial branch of government plays the most important role in countries with civil law systems for they interpret the laws of the land. Countries with such legal systems have heavily codified legal structures and rely on their courts to elucidate the meaning of the laws (when deciding legal controversies) and, at a higher level, to control the constitutionality of laws, regulations, decrees and government decisions and activities.
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Civil Law. Obligations. Bucharest: Hamangiu.
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Civil Law. Law of the Republic of Latvia. In force since 28.01.1937. // “Vestnesis” Nr. 46.
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Related to Civil Law

  • Civil Leave Section 1. The Employer recognizes the responsibility of its employees to fulfill their civic duties as jurors and witnesses in court proceedings. The Employer agrees therefore to grant civil leave with pay to permanent employees:

  • Civil Penalty ORLY shall issue two separate checks for a total amount of five hundred dollars ($500.00) as penalties pursuant to California Health & Safety Code § 25249.12 as follows: (a) one check made payable to the State of California’s Office of Environmental Health Hazard Assessment (OEHHA) in the amount of three hundred and seventy five dollars ($375.00), representing 75% of the total penalty; and (b) one check to Xxxx Xxxxxxx in the amount of one hundred and twenty five dollars ($125.00), representing 25% of the total penalty. Additionally, two separate 1099’s shall be issued for the above payments. The first 1099 shall be issued to OEHHA, PO Box 4010, Sacramento, CA 95184 (EIN: 00-0000000) in the amount of $375.00. The second 1099 shall be issued in the amount of $125.00 to Xxxx Xxxxxxx be addressed to Xxxx Xxxxxxx C/O Xxxxxx X. Xxxxxxxx, Law Corporation and shall be delivered to Xxxxxx X. Xxxxxxxx, Law Corporation, 0000 X. Xxxxxxxxx, #649, Manhattan Beach, CA 90266. At ORLY's request, Xxxxxxx'x counsel shall provide ORLY with a W-9 for Xxxxxxx prior to the Effective Date.

  • Civil Action except where a joint Union-Employer Committee considers that there has been flagrant or wilful negligence on the part of an employee, the Employer agrees not to seek indemnity against an employee whose actions result in a judgement against the Employer. The Employer agrees to pay any judgement against an employee arising out of the performance of his/her duties. The Employer also agrees to pay any legal costs incurred in the proceedings including those of the employee.

  • Civil Actions Except when the Joint Committee established under Article 28 considers that there has been flagrant or wilful negligence on the part of an employee, the Employer agrees not to seek indemnity against an employee whose actions result in a judgement against the Employer. The Employer agrees to pay any judgement against an employee arising out of the performance of their duties. The Employer also agrees to pay any legal costs incurred in the proceedings including those of the employee.

  • Civil Liability 47.01 If any civil action is brought against any employee covered by this Agreement for an alleged tort committed by the employee in the performance of their assigned duties, (a “workplace claim”) then:

  • Waiver of Civil Code Section 1542 (a) Executive understands and agrees that the release provided herein extends to all Claims released above whether known or unknown, suspected or unsuspected, which may be released as a matter of law. Executive expressly waives and relinquishes any and all rights he/she may have under California Civil Code section 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

  • Soldiers' and Sailors' Civil Relief Act The Mortgagor has not notified the Seller, and the Seller has no knowledge of any relief requested or allowed to the Mortgagor under the Relief Act or any similar state statute;

  • Civil Rights X. Xxxxxxx agrees to comply with state and federal anti-discrimination laws, including:

  • CRIMINAL/CIVIL SANCTIONS 1. Each officer or employee of any person to whom returns or return information is or may be disclosed will be notified in writing by such person that returns or return information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such returns or return information for a purpose or to an extent unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as 5 years, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized further disclosure of returns or return information may also result in an award of civil damages against the officer or employee in an amount not less than $1,000 with respect to each instance of unauthorized disclosure. These penalties are prescribed by IRC sections 7213 and 7431 and set forth at 26 CFR 301.6103(n)-1.

  • California Civil Code § 1542 It is possible that other claims not known to the Parties arising out of the facts alleged in the Notice and relating to the Products will develop or be discovered. CPA on behalf of itself only, on one hand, and Empire, on the other hand, acknowledge that this Agreement is expressly intended to cover and include all such claims up through the Effective Date, including all rights of action therefore. The Parties acknowledge that the claims released in §§ 5.1 and 5.2, above, may include unknown claims, and nevertheless waive California Civil Code § 1542 as to any such unknown claims. California Civil Code § 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. CPA and Empire each acknowledge and understand the significance and consequences of this specific waiver of California Civil Code § 1542.

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