Articles published on Comparative law
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- New
- Research Article
- 10.61838/kman.isslp.370
- Jan 1, 2026
- Interdisciplinary Studies in Society, Law, and Politics
- Samad Shoorcheh + 2 more
The offer, as the first pillar of contract formation, has always been the subject of debate regarding the possibility and scope of its revocation. The main issue of this study is the examination of the effects of revocation of offer in three legal systems—Iran, England, and the United States of America—with an emphasis on judicial practice. In Iranian law, based on jurisprudential foundations, the principle is the permissibility of revocation of the offer before acceptance, except in cases where the offer is accompanied by a condition of irrevocability or an implied undertaking. In contrast, the English legal system, due to its adherence to the doctrine of "offer and acceptance" and its strict interpretation of the principle of enforceability, requires the support of "consideration" for the creation of an obligation arising from an offer, and revocation is accepted in the absence thereof. In American law as well, influenced by English law and through the development of the doctrine of the "option contract," as well as the provisions of the Restatement (Second) of Contracts and the Uniform Commercial Code (UCC), certain limitations on revocation have been recognized. An examination of judicial practice in all three systems demonstrates that courts, in cases of conflict between the offeror's freedom of will and the legitimate reliance of the offeree, have adopted a balanced approach. The conclusion is that a comparative analysis reveals that Iranian law, relying on jurisprudential foundations, emphasizes more strongly the principle of revocability, whereas common law, through doctrinal and judicial mechanisms, tends toward protecting the offeree. This highlights the essential role of judicial practice in shaping the boundaries of revocation of offer in comparative law.
- New
- Research Article
- 10.25136/2409-7810.2026.1.77274
- Jan 1, 2026
- Полицейская и следственная деятельность
- Sofia Alekseevna Sokolova + 2 more
The subject of the research is a comprehensive analysis of the implementation of digital rights of convicts in the institutions of the penal enforcement system of the Russian Federation, primarily the right to access information and the right to personal data protection. The work examines the existing legal regulation at both the international and national levels, including the contradiction between constitutional guarantees and departmental prohibitions (Article 29 of the Constitution of the Russian Federation and Article 82 of the Penal Enforcement Code of the Russian Federation). The study explores practical mechanisms for ensuring access of convicts to legal resources, educational platforms, and communication services, as well as the specifics of processing their personal data in a penitentiary institution. Particular attention is paid to the balance between the need to ensure security and the observance of the rights of convicts in the digital domain, the risks associated with communication monitoring, video surveillance, and data storage, and the search for ways to harmonize these interests. The research employs general scientific methods (analysis, synthesis, generalization) and specialized methods: formal-legal, comparative-legal, analysis of law enforcement practice and documents, as well as the method of comparative law in studying foreign experience. The scientific novelty of the work lies in the systemic study of the digital rights of convicts as a complex issue situated at the intersection of penal enforcement law, information law, and personal data protection law. A key finding is formulated regarding the presence of systemic problems: deep contradictions between the declared rights and real prohibitions, technological backwardness of infrastructure, insufficient regulatory framework for data processing, and uncertainty in the boundaries of control. The research confirms that ensuring digital rights is not only a legal imperative but also a tool for resocialization. As promising areas for improvement, a set of measures is proposed, including the development of a special departmental regulatory framework, technical modernization of the IT infrastructure using data anonymization, the introduction of the institution of a responsible person, the implementation of educational programs for staff and convicts, as well as the creation of effective mechanisms for judicial and administrative protection of violated rights.
- New
- Research Article
- 10.1016/j.gim.2025.101594
- Jan 1, 2026
- Genetics in medicine : official journal of the American College of Medical Genetics
- Alexander Bernier + 5 more
Toward ethical provenance tracking: The GA4GH model data access agreement (DAA).
- New
- Research Article
- 10.5604/01.3001.0055.5476
- Dec 31, 2025
- Doradztwo Podatkowe - Biuletyn Instytutu Studiów Podatkowych
- Radosław Rycielski
One of the objectives of the article is to indicate the differences between the literal wording of the provisions onjoint and several liability in the scope of the value added tax and the decisions of the tax authorities and the interpretationof the civil law provisions on joint and several liability. It is also demonstration of the relationship andimpact of the principles of civil law concerning joint and several liability on the exceptions to the principle of joint and several liability in the value added tax, as well as the justification for the existence of the aforementioned exceptions in this context eo ipso. In the research methodology, the author used two methods – comparative law and dogmatic-legal. The research and conclusions also referred to the judgments of administrative courts, as well as to individual interpretations in tax cases. Attention was also paid to certain procedural issues relating to liability for tax arrears.
- New
- Research Article
- 10.64928/7r0hyf43
- Dec 31, 2025
- Revista Jurídica de la Universidad de San Andrés
- Alejandro Eros Pontel Tabossi
In December 2024, the Supreme Court of Justice ruled on one of the most awaited cases by the public and the legal community in recent times: the unconstitutionality of the indefinite re-election to the office of governor in the Province of Formosa. It did so in the case “Confederación Frente Amplio Formoseño”. Although this case resolved the conflict in a constitutionally correct manner, it will be seen that such a decision could have been anchored in the original meaning that the original constituents had of the term “forma republicana” of the Constitution and its concrete content. This commentary aims to reflect on and examine the origin of the limitation to re-election as one of the contents of the original meaning of the republican form that the framers of 1853 had. This is in order to highlight that the starting point for the reasoning behind the majority vote should have been anchored in a tradition that is authentically Argentine, based on different sources and experiences in comparative law.
- New
- Research Article
- 10.14746/ppuam.2025.17.02
- Dec 31, 2025
- Przegląd Prawniczy Uniwersytetu im. Adam Mickiewicza
- Mariami Kvirkvia
This article examines the allocation of the burden of proof in medical liability. The paper is oriented toward a comparative law analysis, drawing on examples from various countries. It discusses The Concept of Proof and its Content, the Grounds for Allocating the Burden of Proof, and The Allocation of the Burden of Proof in American, German, and English Law, with particular attention to The Rule for Distributing the Burden of Proof in Medical Law, Reversing the Burden of Proof in Cases of Gross Medical Negligence, and Fully Controllable Risk as a Basis for Reversing the Burden of Proof. In this context, the legislation and judicial practice of both Continental and Anglo-American law countries are analyzed. The paper provides a detailed discussion of both statutory provisions and case law, as well as doctrinal debates, reflecting the specific challenges faced by plaintiffs in medical disputes. The study is enriched with examples from judicial practice, which give a practical dimension to the theoretical discussion and highlight the significance of judicial interpretations in shaping the doctrine of medical liability
- New
- Research Article
- 10.47392/irjaem.2025.0549
- Dec 26, 2025
- International Research Journal on Advanced Engineering and Management (IRJAEM)
- Dr D Umamaheswari
Artificial Intelligence (AI) is transforming governance worldwide, offering unprecedented opportunities for efficiency, transparency, and inclusiveness. In India, AI is increasingly integrated into public service delivery, policing, judicial processes, urban management, and welfare schemes. However, the rapid deployment of AI also raises constitutional, ethical, and legal challenges, particularly concerning privacy, non-discrimination, accountability, and transparency. This paper examines the evolution of AI in Indian governance, constitutional safeguards, international norms, comparative law, judicial interpretations, and regulatory remedies. The study concludes with recommendations for a comprehensive AI governance framework aligned with India’s constitutional values and global best practices.
- New
- Research Article
- 10.30659/picldpw.v4i0.50180
- Dec 26, 2025
- Proceeding of International Conference on The Law Development For Public Welfare
- Ehwan Zamrudi
The Republic of Indonesia is a developing country whose society is also transitional. Fred W. Riggs believes that transitional society is called a prismatic society model, namely a society that has traditional or agrarian characteristics along with modern or industrial characteristics. In prismatic society there is a sub- model called sela. The characteristics or traits of a prismatic society are high heterogeneity, high formalism, and overlapping. The purpose of this writing Forde scribes how the Prismatic legal system works as an Indonesian legal system and explains how to implement the values of the Pancasila philosophy in everyday life. This research uses a normative juridical type of research with research specifications carried out descriptively analytically. Normative research uses secondary data, namely data obtained from literature studies. The data collection method used is library research (library study) and the technique used to describe and process the collected data is qualitative description. This writing can be concluded that in carrying out the implementation of the values of the Pancasila philosophy, the prismatic theory of the essay is used Fred W. Riggs because it is more compatible with the Indonesian legal system, Social justice is part of the formulan the fifth principle of Pancasila which is the goal of the previous Pancasila values. Justice is not just an atomistic entity that is completely separated from its socio-cultural context, but rather an individual in his connection with other individuals and with his society. This is in line with Jeremy Bentham's theory of utilitarianism because whatever object (Pancasila) is created must provide great benefits to society, and law does not stand alone but requires society in order to create law, so the author suggests that we also study sociology, politics, economics, history and politics, such as Talcott Parsons' cybernetics theory that the formation of law which is included in the legal sub- system is sometimes disturbed by cultural, political, or economic sub-systems. Also suggestions in carrying out the implementation of Pancasila values, it is necessary to look at philosophical values as the basis for the formation of Pancasila values. And in the Indonesian legal system, according to the author, do not always refer to Lawrence M. Friedmann's legal system theory because it is more suitable to use prismatic theory Fred W. Riggsor the theory of comparative law in the global context of Asia and Africa by Werner Menski.
- New
- Research Article
- 10.1515/gj-2025-0017
- Dec 24, 2025
- Global Jurist
- Edwin Rubio Medina
Abstract The emergence of the notion of the global South has revitalized the discipline of comparative law. However, most academic studies continue to discuss theories and values established by European law. It reinforces the idea of sites of production of legal thought (in the global North) and sites of reception of legal thought (in the global South). In this article, the contributions of the Arhuaco Indigenous people’s curative justice system to the broader legal system are highlighted through fieldwork conducted in Colombia. This interdisciplinary work sheds new light on ways to rethink criminal law, seeking a truly therapeutic, holistic, and community-based justice system.
- New
- Research Article
- 10.31612/3041-1548.2.2025.08
- Dec 23, 2025
- Ukrainian educational and scientific medical space
- Anzhela B Berzina
Introduction. Popularization of marketing practices aimed at increasing sales of medicinal products poses a danger not only to the health of individual patients and/or end consumers of medicinal products, but also to the society as a whole. The attractiveness of such practices is due to the possibility of quickly obtaining significant profits. Most often, these violations are implemented in the form of financial incentives for each prescription written or medicine offered. Aim. The purpose of the article is to clarify the legal nature of illegal marketing of medicinal products, analyze the perspectives for its criminalization in Ukraine, taking into account international experience. Materials and methods. This study is based on an analysis of US federal regulatory legislation (in particular the Federal Food, Drug and Cosmetic Act, the False Claims Act, the Anti-Kickback Statute), case law. In addition, an analysis of Ukrainian legislation regulating the healthcare and pharmaceutical market was conducted (Criminal Code of Ukraine and the Draft New Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, as well as the Laws of Ukraine). The following scientific methods were used in the research process: dialectical, comparative law, analytical. Results. The need to ensure the safety of patients and (or) end consumers of medicinal products determines the need to develop conceptual approaches to the criminalization of illegal marketing, taking into account international experience and the specifics of the sphere of circulation of medicinal products. It is important to define the limits of permissible influence on persons qualified to prescribe and dispense medicinal products in order to avoid excessive criminalization when it comes to bona fide business practices. Conclusions. In Ukraine, there is no special provision providing for criminal liability for illegal marketing of medicinal products, which creates risks of legal uncertainty and abuse. Determining the legal nature of illegal marketing and its correlation with other criminal offenses is impossible without understanding the best international practices of legal regulation of this issue. Analysis of the experience of the USA and the EU indicates the need to criminalize illegal marketing of medicinal products while simultaneously clearly defining the limits of permissible incentives for healthcare professionals from pharmaceutical companies.
- New
- Research Article
- 10.21134/wpe1ry10
- Dec 19, 2025
- Revista LEX MERCATORIA Doctrina, Praxis, Jurisprudencia y Legislación
- Federica Pasquariello
This essay examines WBO operations within the framework of EU regulation and with brief references to comparative law, before focusing on Italian regulation and experience. The aim is to highlight the opportunities offered by a tool for corporate regeneration, in line with social sustainability and continuity.
- Research Article
- 10.55324/iss.v5i1.974
- Dec 17, 2025
- Interdisciplinary Social Studies
- Wahyu Moerhadi Nugroho + 2 more
The landscape of construction projects in Indonesia is becoming increasingly complex with the growing involvement of international funding and foreign contractors. The FIDIC Red Book 2017 has become the dominant global standard, while Indonesia operates under its own national construction law framework. This study aims to comparatively analyze the principles, mechanisms, and risk allocation in the FIDIC Red Book 2017 (Reprinted 2022) and the Indonesian national construction contract framework as reflected in the Construction Services Law and its derivative regulations. Using a normative literature study with a comparative law approach, the research identifies fundamental philosophical differences in risk management. FIDIC emphasizes fairness, balanced risk allocation, and structured procedural mechanisms (FIDIC, 2022; Soekotjo, 2019), whereas Indonesia’s national regulations tend to favor the Employer (government) with limited contractual flexibility (LKPP, 2021). The key findings lie in differences related to claim mechanisms, the role of the Engineer, and dispute resolution processes. This study contributes by providing a systematic comparative mapping useful for stakeholders—especially in hybrid international–national projects—and offers recommendations for harmonizing and improving contractual frameworks in Indonesian construction practice.
- Research Article
- 10.62627/ppe.2025.041
- Dec 16, 2025
- Przegląd Prawa Egzekucyjnego
- Konrad Przywara
The Institution of the Judicial Enforcement Officer and the Conduct of Enforcement Proceedings in Poland and Selected European Countries – A Comparative Law Perspective The article presents the institutional and legal position of the judicial enforcement officer in Poland based on the provisions of the Act of 29 August 1997 on Judicial Enforcement Officers and Enforcement Proceedings, as well as the current Act of 22 March 2018 on Judicial Enforcement Officers. The primary objective of this study is to compare the legal status of judicial enforcement officers in Poland with their counterparts in selected European countries. The text contains references to various forms of enforcement procedures and the competences of judicial enforcement officers. The procedures for appointment, management of enforcement offices, and sources of financing are compared. Several European countries where enforcement of claims is institutionalised are identified and analysed. Each section characterises the institution of the judicial enforcement officer and the legal and procedural framework of enforcement proceedings in the respective states, with reference to the Polish model. The conclusion presents analytical considerations and a comparative summary of elements that could be implemented within the Polish system of judicial enforcement. Keywords: legal system, enforcement proceedings, bailiff, judicial enforcement officer in Europe, comparative study, judicial enforcement in Europe
- Research Article
- 10.63371/ic.v4.n4.a541
- Dec 15, 2025
- Ibero Ciencias - Revista Científica y Académica - ISSN 3072-7197
- Diego Mauricio Jarrin Velasco + 1 more
The article analyzes the evolution of the right to identity in the Ecuadorian legal system and its tension with the action of challenging paternity, from a neo-constitutional and human rights perspective. Starting from the conception of identity as a set of features that make a person unique, it examines its transition from a civil and legalistic right to a fundamental right with constitutional status, especially since the 2008 Constitution and the adoption of the Convention on the Rights of the Child. The study explores the role of the Inter-American human rights system and the doctrine of the best interests of the child in shaping a rights-based model that prioritizes the comprehensive protection of children and adolescents in the face of attempts to challenge voluntary recognition based solely on DNA testing. Likewise, it analyzes the Organic Law on Identity and Civil Data Management, the reforms to the Civil Code, and Resolution 05-2014 of the National Court of Justice, which restrict the legal standing of the recognizer to contest the filial bond. Finally, comparative law (Colombia and Argentina) is used to show a regional trend toward consolidating identity as a core axis that articulates other fundamental rights.
- Research Article
- 10.37276/sjh.v7i2.570
- Dec 12, 2025
- SIGn Jurnal Hukum
- Asbudi Dwi Saputra + 2 more
Although the Supreme Court of the Republic of Indonesia has adopted Artificial Intelligence technology for administrative functions, the potential use of Artificial Intelligence as a Judicial Assistant in drafting judgment arguments triggers serious dogmatic concerns. These concerns relate to the degradation of human legal reasoning amidst a national legal vacuum (rechtsvacuüm). This study aims to deconstruct the concept of judicial accountability, which fails to address algorithmic error. Furthermore, this study tests the validity of Black Box-based rulings vis-à-vis the principle of reasoned decision in Law Number 8 of 1981, and formulates a preventive regulatory model. Utilizing a normative-juridical research method and a comparative law approach regarding regulatory frameworks in the European Union, the United States, and China, this study finds that conventional legal doctrines face a liability gap due to the unforeseeable autonomous behavior of Artificial Intelligence. The analysis indicates that reliance on algorithms with opaque characteristics—as demonstrated by the COMPAS case in the United States—fundamentally violates the defendant’s right to explanation. This potentially triggers “the death of standards.” In this condition, judicial discretion is replaced by the rigidity of machine micro-directives. Furthermore, the practice of relinquishment by judges for the sake of administrative efficiency threatens independence and judicial wisdom. This study concludes the urgency of adopting a hybrid regulatory model integrating technical efficiency with the strict User Control principle from the European Ethical Charter. This serves to ensure technology remains a human-supervised servant of justice, not a master dictating rulings.
- Research Article
- 10.70088/fq0k8j45
- Dec 11, 2025
- GBP Proceedings Series
- Xinyue Du
In the context of deepening globalization, the transnational protection of intellectual property (IP) faces increasingly complex conflicts between language and legal systems. Legal language, as the medium through which rules are expressed, not only carries legal significance but also profoundly impacts the interpretation and implementation of international agreements. Based on legal linguistics and comparative law theory, this paper analyzes the differences in multilingual provisions in the TRIPS Agreement, the asymmetric expressions of patent terminology between China and the United States, and IP contract disputes triggered by translation errors, revealing the institutional risks posed by legal language differences in international IP protection. The study finds that linguistic ambiguity, terminological disparity, and translation biases not only affect the boundaries of legal text interpretation but also directly influence judicial rulings and institutional coordination. Therefore, the paper suggests the establishment of a multilingual legal interpretation coordination mechanism, the improvement of professional standards for legal translation, the promotion of a standardized terminology system, and enhanced awareness of language-related legal risks in enterprises to achieve a more equitable, clear, and coordinated global IP governance system.
- Research Article
- 10.15332/19090528.11192
- Dec 10, 2025
- Via Inveniendi Et Iudicandi
- Andriy Basko + 4 more
The authors of the article have studied the legal principles in the interaction between local self-government bodies and the National Police in the field of cultural heritage protection, in terms of martial law in Ukraine. The authors have analysed the current legislation regulating the powers of the relevant entities in the field of cultural heritage and objects’ preservation, including the Ukranian laws on the protection of cultural heritage, on the National Police, as well as the relevant by-laws. Practical problems related to the fragmentation and vagueness of normative regulation, in particular the lack of special provisions on involving the police in security measures in emergency situations, have been outlined. The feasibility of amending the relevant laws has been substantiated, particularly by supplementing the law on the protection of cultural heritage with a norm on legal grounds and mechanisms of interacting with the police. Particular attention has been paid to perspectives for harmonizing the national legislation with international legal acts, such as the 1954 Hague Convention and the 2005 Faro Convention. Specific areas for improving the regulatory framework have been suggested, including the inventory of powers of local self-government bodies, modernization of legislation in the field of culture, and the initiative for codification in the form of the Code of Laws on Culture. The article contains analytical generalizations and practical recommendations and is based on an interdisciplinary approach using the methods of legal analysis, comparative law, and elements of public administration.
- Research Article
- 10.3390/su172411056
- Dec 10, 2025
- Sustainability
- Manchang Wu + 3 more
This research conducts a comparative analysis of the Environmental Impact Assessment’s (EIA’s) legal frameworks in Laos and China, utilising a qualitative methodological approach rooted in comparative law. This research systematically examines primary legal documents, case studies from the hydropower and mining sectors, and recent government data to evaluate the two systems based on three core criteria: the robustness of the legal structure, the effectiveness of enforcement mechanisms, and the depth of public participation. The analysis indicates that although both countries require Environmental Impact Assessments (EIAs), China’s framework is more structured and efficient, as demonstrated by its clearer legal hierarchy, strict penalties for non-compliance, and established public disclosure procedures. In contrast, Laos’s framework, although established, is marked by its early stage of development, evident in fragmented legislation, limited enforcement due to capacity constraints, and reduced public engagement. The study contributes by providing a direct bilateral comparison and empirically demonstrating how institutional divergences account for disparities in environmental outcomes and foreign investment. Recommendations are provided to improve transparency, enforcement capabilities, and substantive public engagement in both nations. This research is based on comparative legal theory and institutional analysis to transcend a mere descriptive narrative. It utilises a qualitative comparative methodology that combines doctrinal research of legal texts with practical case studies from the hydropower and mining industries. This method enables us to systematically investigate how differing institutional capacity, enforcement mechanisms, and governance models between an emerging and a developed system account for variations in EIA outcomes. The study questions are formulated to evaluate theoretical claims regarding the influence of legal frameworks and administrative authority on the attainment of good environmental governance, providing a transferable analytical model for analogous developing environments.
- Research Article
- 10.37750/2616-6798.2025.4(55).346388
- Dec 9, 2025
- INFORMATION AND LAW
- M Zhushman
The article examines the use of electronic evidence in Ukrainian civil proceedings amid the digitalization of justice. It argues that the civil standard of proof—the “balance of probabilities”—is not reducible to percentage thresholds and must be implemented through the verifiability of digital materials: preserving original metadata, recording hash values and timestamps, applying an appropriate electronic signature, and documenting the chain of custody. Drawing on doctrinal analysis, comparative law (the EU, England and Wales, Singapore), and a review of Supreme Court practice, the study shows a gradual crystallization of minimum admissibility criteria for electronic evidence (identification of authors/recipients, ascertainment of content, and the possibility of verifying integrity) and underscores the need to unify approaches. The paper proposes steps to reform procedural legislation: enshrining a “technical minimum” for electronic evidence (metadata, hashes, timestamps, signature/seal); adopting standardized guidance akin to PD 57AD; harmonizing with eIDAS-2; and transforming ESITS from a “transport” layer into a “verification” platform with automated checks and audit trails. This coupling of procedural and technical requirements can improve the quality of judicial decisions—especially their predictability and fairness—by reducing disputes over the authenticity and provenance of digital materials.
- Research Article
- 10.47078/2025.2.399-408
- Dec 6, 2025
- Central European Journal of Comparative Law
- Chiara Pizi
The French Yearbook of Public Law aims to serve as an innovative publishing project for rethinking French public law in the global context, by overcoming the self-referentiality of its dogmatic tradition. Created under the editorship of Philippe Cossalter, the project is based on an authentic comparative vocation and an epistemologically ambitious methodology. The 2023 edition stands out for its rich dossier on climate change, approached from an interdisciplinary and multilevel perspective, as well as a comparative law section analysing normative transformations in European legal systems. The Yearbook closes with theoretically significant contributions on executive power and administrative procedure. The Yearbook thus establishes itself as a space for legal reflection capable of interrogating the challenges of the Anthropocene and reviving the transformative function of public law.