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Journal article 2025 · Open access

The Global Implications of South Africa’s Transformative Constitutionalism on Private Law Systems

William Manga Mokofe

Law and World · Vol. 11, No. 35, pp. 12-25

This paper examines the global impact of South Africa’s model of transformative constitutionalism on private law systems. It explores how the South African Constitution’s mandate for systemic social change has reshaped the structure, function, and underlying a…

Constitutional Law 10.36475/11.3.2
Journal article 2025 · Open access

Towards the Obligation of Warning Imposed on Banks: A Reading of French Judicial Decisions

Bouzidi Iliyes

Law and World · Vol. 11, No. 34, pp. 29-37

The financial crisis and its consequences on households have led the judge to strengthen borrower protections in terms of granting credit. Whether these are granted to professionals or to non-professionals, this is how the concept of uninformed borrower and th…

Private Law 10.36475/11.2.3
Journal article 2025 · Open access

Parties to the Medical Services Contract and Their Core Obligations (Primarily under Georgian and German Law)

Giorgi Kantaria

Law and World · Vol. 11, No. 36, pp. 60-92

Creating a legal framework to regulate contractual relations between patients and healthcare providers, or improving the existing one, is the main task of any legal system. In this process, it is necessary to take into account the specifics of legal relations,…

Private Law 10.36475/11.4.4
Journal article 2026 · Open access

The Role of the Writ of Execution Issued by a Notary in Preventive Justice and Effective Enforcement

Irakli Shamatava

Law and World · Vol. 12, No. 38, pp. 99-127

The present article examines the legal nature of the writ of execution issued by a notary, its functional purpose, and its relation to preventive justice. The study aims to evaluate the extent to which this mechanism ensures the effective enforcement of due cl…

Private Law 10.36475/12.2.6
Journal article 2026 · Open access

Foreclosure Auctions: Legal Consequences and the Continuity of Rights in Comparative Perspective

Eter Burjanadze

Law and World · Vol. 12, No. 39, pp. 64-79

This article examines the legal consequences of foreclosure auctions, focusing on the continuity and extinguishment of real (in rem) and obligational (in personam) rights encumbering immovable property. The study identifies ambiguities in Georgian enforcement…

Private Law 10.36475/12.3.4
Journal article 2025 · Open access

Harmonization of Notary Honorarium Arrangement Related to the Notarial Deed Authority: Toward Legal Certainty

Ni Ketut Supasti Dharmawan, Suksma Prijandhini Devi Salain, I Gst. Ngr. Bgs. Putra Prianatha

Law and World · Vol. 11, No. 33, pp. 22-34

This research aims to examine and analyze the legal consequences caused by the degradation of the notary honorarium from the perspective of the principle of legal certainty. In addition, this research also focuses on identifying and formulating the basis for c…

Private Law 10.36475/11.1.2
Journal article 2025 · Open access

The Compromise Nature of Property Rights in Action – Tolerating Neighboring Nuisances?

Nino Meskhishvili

Law and World · Vol. 11, No. 34, pp. 60-74

This article explores the evolving conception of property rights as individual entitlements and socially embedded institutions, emphasizing neighbor law and the duty of tolerance. While civil-law traditions traditionally conceptualize ownership as an exclusive…

Private Law 10.36475/11.2.6
Journal article 2025 · Open access

Towards a Special Compensation System Aligned with the Unique Nature of Civil Liability for Medical Applications of Genetic Engineering

Yekhlef Abdelkader

Law and World · Vol. 11, No. 34, pp. 38-51

Medical civil liability has attracted significant attention from researchers due to the issues it raises, especially those related to the use of modern practical, medical, and biological means in treatment and diagnosis. This study aims to analyze the effectiv…

Private Law 10.36475/11.2.4
Journal article 2025 · Open access

Legal Aspects of the Emergence of Ownership Rights to the Property Acquired Throughout Marriage

Guliko Kazhashvili, Liana Kazhashvili

Law and World · Vol. 11, No. 35, pp. 83-110

The purpose of the research is to conduct a deep study of the issue related to the origin of individual ownership of spouses over property acquired during the marriage upon the termination of marriage, and to clarify the legal or practical significance of marr…

Private Law 10.36475/11.3.7