Recht der Wertpapiere: (einschließlich Wechsel- und Scheckrecht)

Recht der Wertpapiere: (einschließlich Wechsel- und Scheckrecht)

Author
Claudius von Schwerin
Publisher
De Gruyter
Language
German
Edition
Reprint 2022
Year
1925
Page
244
ISBN
9783112608784,9783112608777
File Type
pdf
File Size
17.3 MiB

Harmonisation of law, a term that refers to the bringing together of two different legal traditions, has developed a negative connotation when considered in the context of Shari'ah and common law. Harmonisation began to be looked at as an attempt by one legal system to impose its values on the other. A major reason for that is the lack of understanding of the scope to which these two legal traditions converge.

One of the principal findings of this book is that Shari'ah and common law have many more commonalities than differences. As a result, the need for harmonisation between the two might have been exaggerated. The similarities do not need to be harmonised. Rather, they need to be acknowledged and appreciated. If the differences between Shari'ah and common law, which undoubtedly exist as evidenced in this book, are viewed with an appreciation of the commonalities, the ambiance to reconcile the differences would be more conducive to the harmonisation process.

This book is intended to help readers better understand Shari'ah and common law and aid harmonisation efforts when the need arises.

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