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 THESIS Judges of formal courts in Nigeria and South Africa do not easily have access to the contents of customary law they are required to apply in the course of adjudication and this has been a major challenge. This thesis examines the processes that courts adopt in the ascertainment and application of living customary law in Nigeria and South Africa in order to discover factors that influence the ascertainment and application of customary law. This research is qualitative in na...

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 reproductive and...

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 provisio...

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 bet...

Board of directors and corporate governance in Nigeria

ABSTRACT The board of directors of a company is a very important organ not only responsible for management but also for adopting good corporate governance and practice in the company. This paper discussed and analyzed with the aid of comparative law, the Code of Corporate Governance in Nigeria and its effect on the board structure, the role, effectiveness and duties of the non-executive directors (NEDs) and how their independence can be assured, guaranteed and monitored to enhance the board�...

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 the res...

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 evaluate...

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 purchased du...

A potential liberation of widows right of Inheritance in Nigeria

ABSTRACT The creator did not leave human beings with the choice of determining their gender. Yet, women have sufered immensely in various aspects of life just because they are born females. This practice which has existed from time immemorial has been stemmed in the western World. However, most African Countries, which includes Nigeria, still engage in discriminatory cultural practices against women. One of the ways this manifest is the practice which precludes a woman from inheriting as a da...

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 issu...

EVIDENTIAL VALUE OF HEARSAY EVIDENCE UNDER THE NIGERIAN EVIDENCE ACT,2011

Evidential Value of Hearsay Evidence TABLE OF CONTENTSTitle Page ………………………………………………………………………. IDeclaration……………………………………………………………………. IICertification………………………….……………………………………..… IIIDedication ……………………………………………………………………. IVAcknowledgement …………………………………..………�...

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 tools  to nove...

Understanding the Role of Legal Practitioner in Property Acquisition

The role of a legal practitioner in property acquisition can not be over emphasized. The article sheds light on the roles legal practitioner take to ensure a hitch free property acquisition in Nigeria. Real estate is by far one of the thriving and popular investment options not only in recent times but as far back as anyone could remember. This article aims at shedding light on the role legal practitioners take in acquisition of real property. Before you buy or sell a landed property it is im...

JUSTIFICATION FOR THE STUDY OF INTELLECTUAL PROPERTY LAW

This work seek to expose the reasons for the study of Intellectual Property Law.


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