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Janeen M. Carruthers

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Janeen M. Carruthers

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Janeen M. Carruthers

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Janeen M. Carruthers

This exciting new research review brings together and discusses seminal articles on the subject of transfer of property and private international law, ranging from the early twentieth century to present day. The first part focuses on classic principles concerning the lex situs rule, as well as on specialities regarding immovable property, tangible movable property and intangible property, conditional sale and securities transactions, goods in transit and confiscation of property. The second part is devoted to an in-depth and insightful examination of cultural property and private international law. Thoughtfully composed by the editor, this review provides a valuable source of information for researchers, academics and scholars alike.
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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

This chapter contains responses to self-tests found at the ends of Chapters 4, 5, 6, 9, 10 and 11.
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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

Chapter 3 provides a foundation for understanding the differences and similarities between English- and Spanish-speaking jurisdictions by describing certain basic differences between the common law legal tradition, which is used in most English-speaking countries, and the civil law legal tradition, which is used in most Spanish-speaking countries. This discussion is critical for bilingual lawyers hoping to work across the Spanish-English language barrier, since it explains how and why certain fundamental differences exist in different countries’ procedural and substantive laws. The chapter begins by describing the various meanings associated with certain key legal terms and then moves to a historical overview of the evolution of the common and civil law. The chapter also outlines various practical implications arising out of the differences between the common law and civil law legal traditions. This analysis identifies issues that arise before, during and after trial as well as various differences relating to the way that English- and Spanish-speaking jurisdictions approach professional rules of conduct. While many of these issues are discussed in more detail later in the book, this chapter provides a foundation for understanding those later discussions.
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Comparative Law for Spanish–English Speaking Lawyers

Derecho comparado para abogados anglo- e hispanoparlantes

S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

Comparative Law for Spanish–English Speaking Lawyers provides practitioners and students of law, in a variety of English- and Spanish-speaking countries, with the information and skills needed to successfully undertake competent comparative legal research and communicate with local counsel and clients in a second language. Written with the purpose of helping lawyers develop the practical skills essential for success in today’s increasingly international legal market, this book aims to arm its readers with the tools needed to translate unfamiliar legal terms and contextualize the legal concepts and practices used in foreign legal systems. Comparative Law for Spanish–English Speaking Lawyers / Derecho comparado para abogados anglo- e hispanoparlantes, escrita en inglés y español, persigue potenciar las habilidades lingüísticas y los conocimientos de derecho comparado de sus lectores. Con este propósito, términos y conceptos jurídicos esenciales son explicados al hilo del análisis riguroso y transversal de selectas jurisdicciones hispano- y angloparlantes. El libro pretende con ello que abogados, estudiantes de derecho y traductores puedan trabajar en una segunda lengua con solvencia y consciencia de las diferencias jurídicas y culturales que afectan a las relaciones con abogados y clientes extranjeros. La obra se complementa con ejercicios individuales y en grupo que permiten a los lectores reflexionar sobre estas divergencias.
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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

Chapter 5 continues the analysis of legal authorities by discussing the role that judicial decisions play in various jurisdictions as well as structural issues relating to the types of tribunals that are found in different countries. The chapter also describes a variety of procedural matters relating to the trial process, including the right to disclosure or discovery of an opponent’s documents or information and the various means of examining witnesses. The text concludes with an analysis of the use of judicial opinions in various legal systems, including the concept of precedent in English-speaking countries, and a discussion of the interpretive methods used by judges when analysing the law. The chapter includes a number of excerpts from actual judicial and tribunal decisions so as to build readers’ familiarity with authentic legal documents and includes a self-test so that readers can check their understanding of the foreign-language material.
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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro