Research Papers/Topics in Private And Property Law
An Analysis of the Process of Ascertainment and Application of Customary Law in the Formal Institutions of Adjudication: Nigeria and South Africa
ABSTRACT OF THESISJudges of formal courts in Nigeria and South Africa do not easily have access to the contents ofcustomary law they are required to apply in the course of adjudication and this has been amajor challenge. This thesis examines the processes that courts adopt in the ascertainmentand application of living customary law in Nigeria and South Africa in order to discover factorsthat influence the ascertainment and application of customary law. This research is qualitativein nat...
Domesticating Cairo And Beijing: Prospects And Opportunities For Legal Obligations To Reproductive Rights In Nigeria
ABSTRACT This thesis analyses the prospects and opportunities for law to protect reproductive and sexual rights in Nigeria, and the willingness and capacity of the legal system to promote women's reproductive health within the domiciliary region. It finds that the entrenchment of reproductive and maternal health clauses in state laws and government policies are indications that the Nigerian legal system has the capacity to domesticate international obligations and protect r...
Asset Securitization In Nigeria: Legal Challenges And Prospects
Abstract Asset securitization is one of the new methods of financing beyond the horizon of the traditional equity and debt financing and it is still untested waters in Nigeria. This study is set against the background of possible utility of asset securitization in Nigeria and adequacy or otherwise of the existing law in structuring asset securitization given the peculiarities of the transaction. It adopted the analytical research approach involving analysis of case law and statutory pro...
Unjust Enrichment And Restitution: Challenges And Prospects For The Nigerian Legal System
ABSTRACT In recent years unjustified enrichment and restitution has been one of the most intellectually vital areas of private law all over the World except in Nigeria. The thesis examines this principle which has been recognised in other jurisdictions as an independent body of law, either as law of restitution or law of unjustified enrichment different from any other legal obligations or subjects such as contract, tort and property law and which is very effective, more encompassing and...
Board of directors and corporate governance in Nigeria
ABSTRACTThe board of directors of a company is a very important organ not onlyresponsible for management but also for adopting good corporate governanceand practice in the company. This paper discussed and analyzed with the aid ofcomparative law, the Code of Corporate Governance in Nigeria and its effect onthe board structure, the role, effectiveness and duties of the non-executivedirectors (NEDs) and how their independence can be assured, guaranteed andmonitored to enhance the board’s effe...
The Status, Rights and Treatment of Persons with Disabilities within Customary Legal Frameworks in Uganda: A Study of Mukono District
This thesis addresses the question: How do customary legal frameworks impact the status, rights and treatment of persons with disabilities? It is motivated by two underlying premises. First, customary legal frameworks are highly consequential in Sub-Saharan contexts. Second, human impairments are likely to impact status, rights and treatment in customary legal scenarios. In addition, the reality of deep legal pluralism and an anthropologically versed conception of customary law inform ...
Legal Framework For The Protection Of Polygynous Reproductive Health Rights Of Women In Nigeria
ABSTRACT Polygyny, where a man has more than one wife, resulting in the suppression of the reproductive health rights of women, is a relatively common marital practice in parts of the world. These rights have been recognised in many countries of the world, backed up with a legal framework, but their status in Nigeria is yet to be determined. Existing studies on polygynous reproductive health rights in Nigeria have addressed the connection between human rights and health, but have not ev...
Law Of Tort In Nigeria Summarized
Contents LAW OF TORT. 3 AIMS OF TORT LAW. 3 A BRIEF HISTORY OF TORT.. 3 TORT DISTINGUISHED FROM OTHER AREAS OF LAW. 4 THE ELEMENT IN TORTS. 5 ASSAULT.. 6 BATTERY.. 8 FALSE IMPRISONMENT. 9 OTHER ACTS INTENDED TO CAUSE PHYSICAL OR PSYCHIATRIC HARM. 11 DEFENSES TO TRESPASS TO PERSON.. 12 INTERFERENCE WITH GOODS/CHATTEL. 12 CONVERSION.. 13 DETINUE. 14 TRESPASS TO CHATTEL PER SE.. 15 DIFFERENCES BETWEEN TRESPASS PER SE, DETINUE AND CONVERSION.. 15 DEFENSES TO ...
Law Of Succession Nigeria
LAW OF SUCCESSION NIGERIA (SUMMARIZED NOTE) Contents PERSONAL REPRESENTATIVES (TRUSTEES, EXECUTORS AND ADMINISTRATORS). 1 LAW OF SUCCESSION.. 1 MEANING OF SUCCESSION. 1 SOURCES OF LAW OF SUCCESSION. 2 FORMS OF CUSTOMARY LAWS ON SUCCESSION AND INHERITANCE.. 2 DISTRIBUTION UNDER STATUTORY LAW. 10 WILLS AND CODICILS. 10 TESTAMENTARY CAPACITY. 21 EXECUTORS. 27 ALTERATIONS, INTERLINEATION AND OBLITERATION. 32
THE RIGHT OF A SPOUSE TO SOLELY RETAIN THE OWNERSHIP OF A PERSONAL PROPERTY PURCHASED BEFORE THE MARRIAGE OR DURING THE MARRIAGE. A REVIEW OF THE SUPREME COURT DECISION IN NTE V. NTE
A property owned by Individuals either before or during the Marriage doesn’t always become joint properties, these all depends on the reasons of the party purchasing the property. If such property is one purchased before the marriage and the purchaser did not bring it to the knowledge of the wife or husband, or if its known to such spouse, was never used for any family purposes, such property remains a personal property of the spouse who had purchased it. Where the property was purcha...
A potential liberation of widows right of Inheritance in Nigeria
ABSTRACTThe creator did not leave human beings with the choice ofdetermining their gender. Yet, women have sufered immensely in variousaspects of life just because they are born females. This practice which hasexisted from time immemorial has been stemmed in the western World.However, most African Countries, which includes Nigeria, still engage indiscriminatory cultural practices against women. One of the ways thismanifest is the practice which precludes a woman from inheriting as adaughter, ...
Family Law in relation to structural Natural LAW
The Natural Law doctrine has played a prominent role in thoughts and history, its essence cuts. across civilizations, legal systems and religion. Family law is not left out in this settings, the family is the smallest unit of a society, God created the family as the first institution and over. the years, issues have evolved from the family and family law as it were. This paper will attempt to analyze the relationship between family law and natural law, it will attempt to bring. out issue...
The Case for Weaker Patents
This Article provocatively asserts that lawmakers should weaken patents significantly—by between 25% and 50%. The primary impetus for this conclusion is the underappreciated effects of new and emerging technologies, including three-dimensional printing, synthetic biology, and cloud computing. These and other technologies are rapidly decreasing the costs of each stage of the innovation cycle: from basic research, through inventing and prototyping, to marketing and distribution. The primary e...
Intellectual Property as a Strategic National Industrial Weapon: the Case of 3D Printing.
There is some consensus between such disparate voices as the Economist on the right and Jeremy Rifkin on the left that 3D printing, a form of additive manufacturing, represents the “next industrial revolution”. 3D printing is a form of additive manufacturing for making a physical object from a three-dimensional digital model, typically by laying down many successive thin layers of a material. It can be used to make everything from expensive scientific and engineering too...