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1-4 of 4
Keywords: Common law
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Journal Articles
The implementation of the fraud exception rule: a comparative study
Available to Purchase
Journal:
Journal of Financial Crime
Journal of Financial Crime (2020) 27 (3): 977–993.
Published: 05 June 2020
... such exception rule in common law and whether there is an overlap with interpreting the said rule. The same fact appears in civil law courts as well. Design/methodology/approach This paper is a comparative study which uses analytical approach and critical legal thinking. Findings The scope of the fraud...
Journal Articles
Customs, mores and culture in determining the scope of law and financial crime control – relevance of Savigny and Lord Denning’s analysis
Available to Purchase
Journal:
Journal of Financial Crime
Journal of Financial Crime (2018) 25 (4): 1111–1122.
Published: 01 October 2018
... of natural justice, equity and good conscience and the common law of England in force on a given date[ 13 ] were declared null and void by the courts; this resulted in social frictions and uncertainty of the native laws. While the position of the English criminal law is restricted to Sexual offences...
Journal Articles
Perspectives on financial crimes in Roman‐Dutch law: Bribery, fraud and the general crime of falsity (falsiteyt)
Available to Purchase
Journal:
Journal of Financial Crime
Journal of Financial Crime (2009) 16 (4): 295–304.
Published: 09 October 2009
... at: henningj.rd@ufs.ac.za; henningjj@intekom.co.za © Emerald Group Publishing Limited 2009 Crimes Common law Legal systems History The Netherlands South Africa The term financial crime expresses different concepts depending on the jurisdiction and on the context [1] . Nevertheless...
Journal Articles
From famine to feast: The prosecution of multi‐jurisdictional financial crime in the electronic age
Available to Purchase
Journal:
Journal of Financial Crime
Journal of Financial Crime (2008) 15 (3): 320–337.
Published: 18 July 2008
...Tyler W. Hodgson Purpose The purpose of this paper is to explore the development of the common law test for asserting criminal jurisdiction over financial crimes. Historically, the British courts at the turn of the twentieth century strongly advocated the territoriality principle to strictly limit...
