Volume 01, Issue 01, 2021http://ir.kdu.ac.lk/handle/345/38122024-03-29T12:00:19Z2024-03-29T12:00:19ZThe Rule of Autonomy in the Letter of Credit Process; A Comparative Analysis of the Fraud-Exception RuleWidanapathirana, Harshahttp://ir.kdu.ac.lk/handle/345/38072023-04-26T11:07:34Z2021-06-01T00:00:00ZThe Rule of Autonomy in the Letter of Credit Process; A Comparative Analysis of the Fraud-Exception Rule
Widanapathirana, Harsha
Trade within and among nations represents a significant essence of state and individual affairs in the international arena. The development of international trade, facilitated by globalization, yields for new measures for the purpose of coping with the developing trade related aspects and Letter of Credit can be regarded as one such instrument. Principle of autonomy can be identified as the underlying principle that inspires sellers and buyers to utilize the letter of credit process for their transactions to strengthen their confidence by incorporating banking institutions for certain functions. However, since the principal contract is treated as a contract that is distinct from the letter of credit arrangement it raises issues as per when payments can be dishonoured. Furthermore, it further raises a question as to whether payments should be made irrespective of the prevalent issues in performing the obligations that are depicted in the principal contract. Therefore, inspired by the qualitative approach, the research focused on the instances where the letter of credit process can be interfered by courts of law and thereby challenge the autonomy of the process by referring to primary and secondary data sources along with an analysis which inquires the conflicts that may arise due to intervention by courts in such affairs. The available sources that exemplify the exceptions for the principle of autonomy in the letter of credit processed notes a restrictive approach while attempting to protect the sanctity of the process by minimizing unnecessary intervention by courts. The reasons for such approach that is utilized by courts in checking and balancing the issues there exist between parties to the letter of credit process further suggests the conservative ideology that portrays the importance of preserving the reason for which the letter of credit process was introduced.
2021-06-01T00:00:00ZThe Doctrine of Indefeasibility of Title in Sri Lanka: A Comparative Study with The Law of The United Kingdom and AustraliaFernado, Maleeshahttp://ir.kdu.ac.lk/handle/345/38062023-04-26T11:18:05Z2021-06-01T00:00:00ZThe Doctrine of Indefeasibility of Title in Sri Lanka: A Comparative Study with The Law of The United Kingdom and Australia
Fernado, Maleesha
A definite title to one’s land is essential before a person can reap the full benefits of such land. In order to obtain a definite title to a land, a landowner must register such land legally in order for him to fully enforce his rights to such land. The title registration system in Sri Lanka introduced by the Registration of Title Act No. 21. of 1998 aims to provide such secure land titles to proprietors by obtaining an indefeasible title to land. The research explores the doctrine of indefeasibility of title in Sri Lanka with special reference to the doctrine’s application in the United Kingdom and Australia. The main objective of this research has been to ascertain as to what extent the judicial and legislative developments in Sri Lanka concerning title by registration has achieved the indefeasibility of title principles that are intrinsic to the Torrens system of land registration and whether such system secures a proprietor’s title. The methodology employed uses a mix of both doctrinal research methods such as the reviewing of relevant literature, laws and policies in Sri Lanka in comparison to the United Kingdom and Australia, and empirical research methods to collect data and other information on the title registration process via the use of interviews with officials from relevant government departments. The study will then propose relevant legal and administrative solutions to counteract the obstructions that are hindering the enforcement of the doctrine of indefeasibility of title in Sri Lanka.
2021-06-01T00:00:00ZA Crime against Nature: Legal Responses to Illicit Wildlife TradingKarunatilaka, Chethanahttp://ir.kdu.ac.lk/handle/345/38052023-04-26T11:00:23Z2021-01-01T00:00:00ZA Crime against Nature: Legal Responses to Illicit Wildlife Trading
Karunatilaka, Chethana
Human beings aided trading and trafficking of endangered wild fauna
and flora acrossthe geographical borders of the countries has become a
paramount legal concern all around the world, especially for countries
like Sri Lanka that has a rich biodiversity. Several attempts were made
to prohibit and regulate the trading of such articles through multilateral
environmental agreements signed by states. In response to these
international obligations, Sri Lanka has enacted laws, established
authoritative institutions and undertaken policy measures to combat
cross border wildlife trade. These laws have been amended from time
to time in accordance with the requirements resulting in increase of
sanctions for violations. This review had utilized the doctrinal
methodology in assessing the prevailing legal framework in Sri Lanka,
relating to unregulated wildlife trade. The effectiveness of the legal
measures is still in question as the illicit wildlife trade is still happening
at an uncontrollable rate. Therefore, the existing legal regime calls for
reforms in order to preserve endangered wild life from illegal trading
in Sri Lanka
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2021-01-01T00:00:00ZA Critical Analysis of the Laws Regulating Credit Card Facilities in Sri Lanka Focusing on Consumer ProtectionUkuwela, Dulanjalihttp://ir.kdu.ac.lk/handle/345/38042023-04-26T11:40:33Z2021-01-01T00:00:00ZA Critical Analysis of the Laws Regulating Credit Card Facilities in Sri Lanka Focusing on Consumer Protection
Ukuwela, Dulanjali
This paper critically analyses the legal framework regulating Credit
Card facilities in Sri Lanka, focusing on the aspect of consumer
protection. The research identifies the existing legal framework in
relation to Credit Card facilities and critically evaluates the same
through a comparison with the relevant International Standards and the
exiting legal framework for banking and financial regulation in United
Kingdom and Unites States of America. The overall research is based
on the positivist paradigm and the doctrinal research method was
primarily used for the research to obtain an in-depth knowledge of the
existing legal regimes. Qualitative data gathered from both primary and
secondary sources were used for the research. The researcher identified
several flaws in the existing legal framework including lack of cohesion
and uniformity in laws, lack of proper monitoring and enforcement
mechanisms due to the absence of a dedicated authority responsible for
regulation and enforcement of the law, lack of financial literacy and
failure of the law to address the pressing issues faced by the consumer
in the relevant industry
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2021-01-01T00:00:00Z