Private and Property Law Research Papers/Topics

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...