Open research questions in Legal principles and applications
44 unresolved questions extracted from the limitations and future-work sections of 4,108 Legal principles and applications papers in our library. Each links back to the study that raised it.
What the literature leaves open
The mere fact of delivery was insufficient. On this view, indigenous or migrant practices—often described as informal, customary, or insufficiently defined—were rendered intelligible through the application of systematic legal categories such as contract, property, and trust.
BAILMENT WITHOUT CATEGORIES: QING LEGAL NORMS, CHINESE DIASPORA FINANCE, AND THE COLONIAL RECONSTITUTION OF PRIVATE LAW IN MALAYA (C. 1820–1920) · 2026 · DOI64 Much work remains to be done in the precise calibration of an optimal tiered liability system. For instance, if an ‘insider’ gains awareness of management practices that need changing, but does not succeed in convincing others, they could send a letter to the regulator making their views known (these would then need to be examined and evaluated by the latter).
Case C-365/23 'Arce' constitutes a landmark judgment by the 'Court of Justice of the European Union', as it brings into focus the underexplored intersection of EU consumer protection law, the rights of minor athletes, and the sports industry.
MINOR-ATHLETES-AS-CONSUMERS--A-CASE-STUDY-ON-THE-CJEUS-REINTERPRETATION-OF-EU-CONSUMER-LAW · 2025 · DOIAbstract This article asks a simple question: when indistinguishable items of personal property owned by A and by B are mixed together, what rights do A and B have in relation to the resultant mass? It is argued that there is insufficient evidence in the positive law to provide any convincing answer to this question, and so it is asked which interpretation that can be drawn out from the law ought to be adopted.
The legal provisions regarding the institute of professional liability, as well as the subcategory of professional civil liability of lawyers, notaries public and enforcement agents, are insufficiently regulated in the Macedonian positive law and insufficiently considered in the legal doctrine and literature on this matter.
Compensation of damage in case of professional liability in legal professions under the law of the Republic of Macedonia · 2018 · DOIIn much of American case law, once the contract has been rescinded on the ground of its breach, P's claim for quantum meruit is not to be limited by the amount stipulated in P's contract with D,17 and P conceivably may recover an amount exceeding that agreed upon for full performance.
Does the Dead Contract Rule Restitution from Its Grave · 2012108 Those who cannot wait upon management’s convenience leave “volun- tarily” and fQrfeit their redundancy payments; employees with a poor work record are scarcely the most sought-after Iabour; older workers find getting work and adapting to new jobs especially hard; the sick seek withdrawal from the work situation.
It remains to be seen how the courts will interpret the Supreme Court's decision in Griggs in view of the reasonalbe balance required between communities affected by aircraft noise and aircraft site selection, and the continuing need for new air carrier airports to meet the expected growth of aviation.
AIRCRAFT NOISE AND THE SELECTION OF AIRPORT SITES · 1972The question that remains to be answered is: How far can one deviate from this standard and still be considered within the acceptable range? The book presently under discussion has propelled the question. ” We thought that topics of this nature should be studied by future lawyers. , that there is no consensus as to what law is, the author spends some 60 pages on the subject of “Law and Morals.
These cases will, at least partially, answer two questions, to-wit: (1) what law may the parties choose to govern their contract, and ( 2) what are the limitations on party autonomy in conflict-of-laws contracts?It should be noted at the outset, however, that concern will be limited to the point of formal or essential validity of the contract so made and will not reach into extraneous matters.
Effects of the Autonomy of the Parties on Conflict of Laws Contracts · 1959There remains to be told the meaning of obedience or disobedience, in terms of social institutions and customs, in terms of the material things over which law gives control, in terms of human habits, modes of thought, fears, hopes, pleasures and pains. The task of valuation remains to be faced. The latter theory is one that many reasonable people reject, and although I happen to believe that all the objections thus far levelled against Bentham’s hedonism are inconclusive,& I shculd agree that one may adopt alternative standards of ultimate value without getting into logical self- contradiction. The bare statistics, general social materials for such a study-judicial statistics, and social case studies-were lacking.
is questionable whether any material saving will result from the committee’s for frame buildings or those having frame construction covered with veneer or stucco; but it is very certain that if such buildings are constructed accord- ing t o the committee’s recommen- dations, it will result in a very much better type of building than is now generally found under three classes; and anything that makes for permanency promotes conservation. these The committee is also thoroughly in accord with the idea of approving new materials and new methods of con- struction which seem to give promise of economy, just as soon as the merits such methodr have been fully of demonstrated. This makes for com- petition, which generally reduces cost. You probably know that it is diffi- cult at the present time for the pro- ponents of a new method of construc- tion or of a new material to break their way in through the barrier of a city building code and get permission to use such materials or methods in the construction of buildings. Building codes are usually conservative, perhaps unwisely so, to the extent that they block progress. The building official, as a rule, has little opportunity to go beyond the actual wording of the law, and unless the law is so worded as to make it convenient for him to open the way for new materials or new methods it is very difficult indeed for them to get recognition.
Future research could explore the normative implications of maintaining perfor- mance-based convalidation in legal systems with strict formal requirements.
THE EVOLUTION OF THE LEGAL INSTITUTE OF CONVALIDATION OF NULL AND VOID CONTRACTS IN THE YUGOSLAV LEGAL TRADITION: HISTORICAL INFLUENCES AND LEGAL LEGACY · 2026 · DOIUsing state-level filing data and original interviews with local court judges, this Article unearths, for the first time, this vitally important yet understudied world.
ABSTRACT Is settlement of civil litigation good or bad for the legal system? Should we have more or less of it? Should settlement have a private or public purpose? Legal scholars and lawyers have considered these questions for decades, but very little is known about the views of ordinary people.
The minimalist approach also has the advantage over approaches that are insufficiently attentive to scarce government resources or employee old‐age security.
Due to the fact that guidelines can influence how judges evaluate challenges to mergers, it remains to be seen how the final guidelines will enable the courts to understand and support the agencies’ views on antitrust enforcement.
Their narratives show that some of the concerns that lawmakers and scholars have had about surrogacy arrangements are warranted; however, they also provide a more nuanced and complicated account of what lawyers are doing and seeing in their practices.
Still partners in first group are personally liable, but their responsibility is limited by the amount indicated in partnership agreement and by the contribution provided to the partnership.
PARTNER’S CONTRIBUTION TO LIMITED PARTNERSHIP AND IN THE CONTEXT OF PARTNER’S LIABILITY · 2020 · DOIThis Article documents the miscues and mistaken assumptions that have left research on how legal rules can address the surplus problem woefully underexplored.
They posit a common vision of the market in which value emerges without coordination, without discussion, and without agreement as to its meaning, motive, or cause.
Analysing the deposit along the preliminary contract on the transfer of immovable property, open issues were considered, including the permissibility and the usefulness of such contracting.
Preliminary contract secured by deposit in the case of transfer of immovable property in Serbian law · 2018 · DOIDespite the vast sums transferred through the legal system, the foundations of the procedures used to compensate plaintiffs for unobservable losses remain unclear.
The doctrine in recent years has been invoked frequently by plaintiffs in negligence class actions, though its legal status in such a context remains uncertain, as it has not been judicially decided.
Where the benefit of which the claimant has been deprived comprises consequential, as opposed to immediate, loss the absence of an entitlement to that benefit is not a bar to recovery, liability being limited by the doctrine of remoteness instead.
Of Ceilings and Flaws: An Analytical Approach to the Minimum Performance Rule in Contract Damages · 2016 · DOI
Most-cited papers in Legal principles and applications
- Property Rules versus Liability Rules: An Economic Analysis · Harvard Law Review · 1996 · 169 citations
- Debiasing through Law · The Journal of Legal Studies · 2006 · 168 citations
- Durable Wealth: Institutions, Mechanisms, and Practices of Wealth Perpetuation · Annual Review of Sociology · 2022 · 61 citations
- IMPLEMENTING HUMAN RIGHTS DUE DILIGENCE THROUGH CORPORATE CIVIL LIABILITY · International and Comparative Law Quarterly · 2020 · 51 citations
- Sovereign defaults in court · Journal of International Economics · 2021 · 42 citations
- The Sound of Silence: Default Rules and Contractual Consent · Virginia Law Review · 1992 · 39 citations
- Access to Justice and the Rule of Law · Oxford Journal of Legal Studies · 2020 · 26 citations
- Voluntary Benefits from Wrongdoing · Journal of Applied Philosophy · 2014 · 20 citations
- ALL‐CAPS · Journal of Empirical Legal Studies · 2020 · 18 citations
- Precedent and the Rule of Law · Oxford Journal of Legal Studies · 2021 · 16 citations
Most recent work
- Who can see the men behind the curtain? · Journal of Cultural Economy · 2026
- FREE CONSENT AND CAPACITY TO CONTRACT · Zenodo (CERN European Organization for Nuclear Research) · 2026
- Strong Cause · International and Comparative Law Quarterly · 2026
- PROTECTION OF RIGHTS AND CIVIL LIABILITY · Zenodo (CERN European Organization for Nuclear Research) · 2026
- Hold me tender, hold me true: removing all trustees without replacement · Trusts & Trustees · 2026
- Contract Performance Under Pandemic Pressure: Force Majeure, Renegotiation, Remedies, and Insurance — Legal Options for Businesses · Zenodo (CERN European Organization for Nuclear Research) · 2026
- Beyond the Civil–Common Law Divide: The Conceptual Architecture of Breach of Contract in China · European Journal of Comparative Law and Governance · 2026
- CONTRACT LAW AND CIVIL JUSTICE IN LOCAL COURTS · Wisconsin law review · 2026
- Democratic representation of dependent claim makers · Journal of Human Rights · 2026
- The Criminal Legal Relationship – A Fundamental Concept in Safeguarding Human Dignity · Bulletin of the Transilvania University of Braşov Series VII Social Sciences • Law · 2026
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