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Unit 1 : Basis for Legal Pluralism

1. All other person whose “origin” is European, of European “stock”.


2. The Japanese, because their family law is regarded as “modern” ,i.e. adopted from the
German Civil Code, athough they are “Asians”.
3. Oter persons in their native country were subject to family laws whish in essence are
similar to Dutch law, for example, Siamese (Thais) and Turks.
4. Legitimate or properly recognized children of persons belonging to above groups , born in
the Dutch indies and descendants.
5. This group includes the majority of the indonesian population, being the inhabitants of the
archipelago.
6. A negative definition is used to classify this group of all persons not belonging to the
Europeans nor Natives
7. Indian people belong to the Foreign Orientals
8. Article 131 of the Indische Staatregeling defines who belongs to what population group
9. Article 162 was an amandement to article 109 of the Regerings Reglement in 1920
10. One who was born in Europe belongs to the Europeans

Unit 2 : Legal Education

1. The point is best illustrated by contrasting legal education in the Netherlands with that in
England
2. Legal education reflects on the place and role of legal professions in society
3. In England, a university law study is typically short, subjects are narrowly defined and
classes are small.
4. A standard Bachelors degree in Law takes only three years, and these are crammed with
basic law courses such as constitutional law, criminal law, contracts , torts, land and equity
law
5. An important point here is the way the legal profession is structured
6. Even subjects of little legal contents , such as economics, must be followed by all law
students
7. Legal education in the Netherlands is more oriented towards understanding the way a
system works, rather than case or client oriented.
8. In fact, many law graduation have little direct involvement with the law after their studies
9. On the European continent, including the Netherlands one can pass directly from law school
to become an advocade, or a judge, a notary, a public prosecutor , a tax consultant.
10. A law study considered as a good basic to start a career in the civil service or the business
world

Unit 3 : Romano – Germanic Family

1. The Romano – Germanic family includes those countries in which science has developed on
the basis of Roman ius civile
2. This is term is originated in Europe and selected to render homage to the join effort of the
universities of both Latin and Germanic countries
3. The Romano – Germanic family has defeated many territories by colonization
4. Every country has its own civilzation
5. Sometimes the reception has left some original laws of their institution
6. The old ways of thinking and acting peculiar to these countries may also mean that
application of these new laws is quite different from what it is in Europe
7. Most of these countries are possible to receive European laws, even though they have their
own civilzation, ways of thinking acting , as well as indigenou institution
8. It is linked to ideas of justice and morality
9. It is used as a means of regulating the private realtionship between individual citizens
10. Certains countries do not completely apply the Romano – Germanic laws

Unit 4 : Common Law Family

1. The legal rule of the Common Law provides the solution to a trial
2. The second family of law is the Common Law family
3. It is less abstract than the characteristic of the leal rule The Romano – Germanic family
4. The Common Law was formed primarily by judges who had to resolve individual disputes
5. The origin of the Common Law is linked to royal power
6. It is due to the fact historically their immediate preoccupation has been to reestablish peace
rather than articulate a moral base for the social order
7. For Common Law lawyers, matters related to the administration of justice, procedure,
evidence, and execution of judicial decision are equal or even superior to subtantive rules of
law.
8. In the information and development of the Common Law – a public law issuing from
procedure – the science of the romanist played a very minor role
9. The Common Law have been only partially received as in the case of certain Muslim
countries or India
10. It includes the law of England and those laws modeled on English law

Unit 5 : The Role of Law In International Trade

1. There is considerable diversity of laws throughout the world


2. Someone can act as both buyer and seller in different countries
3. The drugs traffickers operate across national boundary
4. Some countries do not seem to develop much, and they still apply their traditional laws
5. The judgs have arranged the schedule of next week’s trial
6. This diversity of laws is not conductive to international trade
7. It crosses national boundaries and involves more then one country
8. But leaving aside tis particular situation we can accept the general proposition that every
contractual arrangement must be governed by rules of law
9. In the case of international sale of goods the buyer may be the resident in oe country snd
the seller in another
10. An extract from Mustill and Boyd, The Law and Practice of commercial Arbitration in
England examines amiable composition from a rather skeptical English viewpoint
Unit 6 : The Scope of Law of Contract

1. A good starting point is the scope of law of contract


2. Contracts come in different shapes and sizes
3. The content of contracts varies enormously and may include contracts of sale, hire purchase
employment and marriage
4. Some involve large sums of money others trivial sums
5. Some are long duration while others are short duration
6. Such contracts have been the subject of distinct regulation and are dealt with in books on
employment law, family law, consumer law, commercial law, land law and landlord and
tenant law respectively
7. Treatises on the general principles of the law of contracts are of respectable antiquity in
England and can be traced back to Pollock and Anson
8. This tradition has been maintained today in works such as Treitel , Anson and Cheshire,
Fifoot and Furmston
9. Indentifies the classical model of contracts are not discrete, two party, commercial,
executory exchange but notes that contracts can be found which depart from each feature of
this classical model
10. The general principles of law of contract have flourished

Unit 7 : Consent

1. For contract to be valid, the parties must consent to the basic matters contained in the
agreement
2. On other hand, a contract may be valid even though consent was obtained by duress,
mistakes or fraud
3. Duress is any mental intimidation for example threa of physical violence not sanctioned by
law
4. It is consent and can be called a valid contract , even though the consent is obtained in a
suspicious manner
5. However an obtained contract is void able, upon application by the victim of the duress,
mistakes or fraud
6. Duress can also be due to blackmail or under influence over a person in weakened mental
state
7. If the threat of physical violence involves an action permissible at law , there is no duress
8. Fraud is an overt act performed by one of the formation of the agreement with the intention
to deceive the other party and include him into concludding a contract which he would not
otherwise have concluded
9. There is no prescription on their use as a defense
10. These consensual defects are also good defense to an action on the contract brought against
the victim

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