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Open access Oct 2026

Invocation of Personal Guarantees in India: Reconciling IBC and SARFAESI Through Judicial Developments, Limitation and Contractual Principles

Since 1 December 2019, a creditor holding a guarantee from an individual for a corporate debtor’s borrowing may proceed against that guarantor through several channels at once: a civil suit or Debts Recovery Tribunal application on the contract, enforcement of any security under the SARFAESI Act, and Part III of the In...

Sangeeta Gulati, Dr. Asha Verma, Adv. Sanjeev Sharma · 0 citations
Open access Oct 2026

The Many Faces of the ‘Reasonable Businessman’: Has Commercial Common Sense Become a Judicial Vehicle for Normative Idealism in Scots Law?

This essay presents a novel contribution to the discourse on contractual interpretation by disentangling the historical, principled application of ‘Commercial Common Sense’ (‘CCS’) from its expanded, value-laden use in contemporary Scots contract law. While numerous commentators have scrutinised CCS for its conceptual...

Can Atik · 0 citations
Open access Oct 2026

BONOS VERDES: OBLIGACIONES DE TRANSPARENCIA, PROTECCIONES CONTRACTUALES Y REAL DECRETO 214/2025

This article examines the juridification of green bonds under Spanish law in light of Royal Decree 214/2025 and its interaction with Regulation (EU) 2023/2631 on European Green Bonds. It argues that sustainability no longer operates merely as a reputational statement or as a subjective motive of the issuer, but progres...

Fabrizio Cesareo · 0 citations
Open access Oct 2026

Notarial Gatekeeping in Sovereign Investment: Formality Requirements and the Legal Consequences of Informality in Danantara's Investment Agreements

Sovereign wealth funds are public bodies that commit capital through private-law contracts, yet scholarship on their governance has concentrated on the institutional layer of mandates, boards, and voluntary disclosure, leaving the transactional layer, where public capital is actually committed, without doctrinal attent...

Ivan Widjaja, Budi Parmono · 0 citations
Open access 2024

Examining the Rule of “La-Zarar” in Damages Arising from Broken Engagements in Civil Law and the Viewpoint of Imam Khomeini

The central question of the present study is whether the rule of La-Zarar (“no harm and no harassment”) can serve as a legal basis for claiming damages arising from the dissolution of an engagement (namzadi) under Iranian law, and how the Civil Code and jurisprudential interpretations—particularly the opinion of Imam K...

Mehdi Zarei Alami, Abbas Arab Khazaeli, Seyed Mehdi Ahmadi · 0 citations
Open access Sep 2026

Entrenchment by Interpretation: Section 25 of the South African Constitution and the Failure of Socio-Economic Redress

This article examines a paradox in South Africa’s post-apartheid constitutional order: a Constitution drafted to dismantle racial dispossession has become a principal legal framework through which the holdings that dispossession generated are secured. Although the 1996 Constitution is widely regarded as among the world...

Cwenga Mayekiso · 0 citations

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