Soviet Tort Law: The New Principles Annotated

In 1961, the federal legislature, the USSR Supreme Soviet, finally adopted a skeleton code of fundamental principles of civil law.10 This recodification, which incorporates 40 years of case law and doctrinal development as well as some major innovations, will be the basis for individual civil codes to be adopted in each of the 15 union republics. While there may be some slight modifications, and certainly some variety in the degree of additional detail included in the individual codes by each republic,11 these Principles present already a fairly comprehensive picture of the shape of the future law. They are about as detailed as the tort provisions in other modem civil codes, and cover the grounds of liability, the defenses which are to be recognized, and the scope of compensable injury. In addition, they include provisions relating to workmen\u27s compensation claims, wrongful death actions, and rules governing governmental tort liability. This article is an attempt to restate in the form of an annotation to these Principles the broad outlines of the contemporary Soviet law of tort

Review of The Law of Restitution

The appearance of this excellent treatise is a major step toward a better understanding of the place of restitution in Anglo-American law. The authors\u27 exhaustive treatment of the English case law and the inclusion of much American authority give a perspective on the field which has not previously been available. Like the 1937 Restatement of Restitution, this is a presentation in one volume of legal and equitable remedies for enforcing a substantive right to restitution.\u27 It goes well beyond the uneasy, loose association of the legal and equitable parts of the Restdtement, however, and gives us a unified treatise. Until we have a similar treatment of American law, this book will certainly be a major research tool for American lawyers

Review of The Soviet Legal System and How Russia Is Ruled

Is there a legal system in the Soviet Union, and if so, what is its role in post-Stalin Soviet society? The Soviet Legal System for the first time makes it possible for a lawyer or law teacher to plunge directly into a very rich collection of translations of case decisions, statutes and doctrinal commentary. Even without a background in Soviet studies, the authors\u27 valuable commentary and the reader\u27s own legal training should make it possible for him to evaluate the material presented. With the help of the new edition of Fainsod\u27s How Russia Is Ruled he can see the development in the new Russia of a role for legal regulation, and the part it plays in the post-Stalin ordering of Soviet society

Review of The Law of Restitution

The appearance of this excellent treatise is a major step toward a better understanding of the place of restitution in Anglo-American law. The authors\u27 exhaustive treatment of the English case law and the inclusion of much American authority give a perspective on the field which has not previously been available. Like the 1937 Restatement of Restitution, this is a presentation in one volume of legal and equitable remedies for enforcing a substantive right to restitution.\u27 It goes well beyond the uneasy, loose association of the legal and equitable parts of the Restdtement, however, and gives us a unified treatise. Until we have a similar treatment of American law, this book will certainly be a major research tool for American lawyers

Globalisation of Contract Law: Rules for Commercial Contracts in the 21st Century

This is a paper given at the Asia-Pacific Lawyers Association meeting held in Bangkok in November 1995. The author describes the principles of international commercial contracts published in 1994 by the International Institute for the Unification of Private Law. Professor Gray sees a new era of harmonisation of contract law. An appendix gives an abstract of a contract law decision given by an Austrian Court in 1994

Drafting the Arbitration Clause

Providing in the contract for ways to resolve disputes that may arise presents a substantial challenge to the lawyer. In one sense this is what he or she is doing in general in contract drafting--anticipating misunderstandings or problems which experience indicates are likely to arise, and trying to provide clear answers in advance. When it comes to drafting a specific clause for the resolution of further disputes which may arise, however, many lawyers are at a substantial disadvantage. The task comes at the end of the substantive negotiations. The client does not want to focus on or draw the other party\u27s attention to possible areas where disputes might arise. Worst of all, the lawyer is probably not as wall informed about the law in this area as he should be if he is to help his client make wise choices. Lawyers who would never take a clause for a will from a form book without investigating its ramifications seem to see their way clear to inserting a short, standard arbitration clause with very little weighing of the consequences. The other papers prepared by the speakers on our panel have presented a survey of arbitration law and typical problems which arise in practice in connection with the use of arbitration. This paper discusses the lessons that can be drawn from their material for the lawyer who is trying to draft a dispute resolution clause

Contract Interpretation and the Uniform Commercial Code (UCC ni okeru Keiyaku no Kaishaku)

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970. The third installment introduces the basic principles of contract interpretation

Alternative Dispute Resolution Mechanisms: Experience in the United States

The objective of this portion of our conference on judicial reform is to discuss means to promote swift and fair resolution of disputes. Although much of our discussion will center on reform of basic court systems and civil procedure in various countries, my particular focus is on alternatives to traditional institutions and techniques. These alternatives include a variety of what we might call courtannexed procedures, that is, procedures that occur during the course of traditional litigation. I will also consider, however, other procedures that might better be characterized as purely private techniques for resolving disputes—those that occur before or at least without any special relation to litigation in court. The most traditional of these involve various forms of negotiation, including negotiations assisted by a third party, such as mediation. If successful, these procedures result in an agreement—a contract to be enforced by the courts if necessary like any other agreement. These private techniques also include arbitration, a procedure where the parties, either in advance, at the time of making a deal, or at the time a dispute arises, agree to resolve their dispute by giving it over for decision by a third party. Even though this is a private\u27\u27 procedure, because its essence is a binding final decision, enforcement may still be required; indeed, over the years various aspects of participation in the arbitration process and interaction with the courts with regard to compelling arbitration and enforcement of the third party\u27s award have become regulated extensively by law, as well as by the rules of various agencies chosen to administer the arbitration

The Role of the Uniform Commercial Code in American Law (Beikokuho ni okeru UCC no Ichi)

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970. The first installment provides a basic introduction to the UCC and its implementation into the U.S. legal system

Contract Interpretation and the Uniform Commercial Code (UCC ni okeru Keiyaku no Kaishaku)

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970. The third installment introduces the basic principles of contract interpretation