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. Obligations. Bucharest: Hamangiu.
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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. 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 Fines Pursuant to Health & Safety Code §25249.7(b), and in settlement of all claims alleged in the notice, the Settling Entity agrees to pay a total of $1,600 in civil fines. This payment will be allocated in accordance with Health & Safety Code §25249.12(c)(1) and (d), with 75% of the penalty amount paid to the Office of Environmental Health Hazard Assessment (OEHHA) and the remaining 25% of the penalty amount paid to and retained by Xxxxxxx.

  • Civil Penalty Within ten (10) days of the Effective Date, West Xxxxxxx shall issue two (2) separate checks for the Civil Penalty payment to (a) “OEHHA” in the amount of $375.00; and to (b) “Xxxxxxx & Xxxxx in Trust for Xxxxxxxx” in the amount of $125.00. The Civil Penalty payment(s) shall be delivered to the addresses identified in § 3.2, below.

  • Civil Penalties The contractor and its subcontractors and suppliers who are indemnified under the provisions of this clause are subject to civil penalties, pursuant to section 234A of the Act, for violations of applicable DOE nuclear- safety related rules, regulations, or orders. If the contractor is a not-for-profit contractor, as defined by section 234Ad.(2), the total amount of civil penalties paid shall not exceed the total amount of fees paid within any 1-year period (as determined by the Secretary) under this contract.

  • 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.

  • Labour Laws (a) The Contractor shall obtain all relevant labour registrations and comply with all relevant labour laws applying to its employees, and shall duly pay them and afford to them all their legal rights.

  • 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:

  • Health and Safety Provisions The Employer shall continue to make and enforce provisions for the occupational health, safety, and security of employees. The Employer will respond to suggestions on the subject from the Union and the parties undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury and employment-related chronic illness.

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

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