The Scope And Structure Of Civil Codes

Author : Julio César Rivera
Publisher : Springer Science & Business Media
Page : 482 pages
File Size : 52,7 Mb
Release : 2014-02-04
Category : Law
ISBN : 9789400779426

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The Scope and Structure of Civil Codes by Julio César Rivera Pdf

This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.

Author : Denis Le May
Publisher : Unknown
Page : 224 pages
File Size : 41,5 Mb
Release : 2006
Category : Law
ISBN : STANFORD:36105134460257

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The Civil Code of Quebec in Chart Form by Denis Le May Pdf

The Civil Code of Québec in Chart Form, by Denis Le May, provides a graphic, simple access tool for the Quebec Code. A series of tables and charts shows the general structure of the Code and the interrelationship between its component parts.

Author : Olivier Moréteau,Aniceto Masferrer,Kjell A. Modéer
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 41,9 Mb
Release : 2024-06-06
Category : Law
ISBN : 9781781955222

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Comparative Legal History by Olivier Moréteau,Aniceto Masferrer,Kjell A. Modéer Pdf

The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.

Author : Québec (Province)
Publisher : Unknown
Page : 356 pages
File Size : 54,8 Mb
Release : 1889
Category : Law reports, digests, etc
ISBN : HARVARD:HL4GRK

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Civil Code of Lower Canada by Québec (Province) Pdf

Author : Julie Rocheton
Publisher : BRILL
Page : 290 pages
File Size : 40,5 Mb
Release : 2024-03-04
Category : Law
ISBN : 9789004689978

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The Genesis of Nineteenth-Century Civil Codes in the United States by Julie Rocheton Pdf

Starting in Louisiana in the early nineteenth century, this book takes the reader on a journey through the USA and the development of their civil codes. From Georgia and New York, civil codes traveled to California and Dakota Territory; in the Great Plains, they made their way to Montana, North Dakota, and South Dakota by the end of the century. Unveiling the history of nineteenth-century civil codes in the USA, this book examines their origin stories, circulation, and usage by focusing on the social-historical context of their drafting and legal concepts. “Rocheton's work, published four decades after Cook's book on ‘The American Codification Movement,’ contains an exhaustive and insightful analysis of nineteenth-century civil codes. It thoroughly discusses their context, how they were conceived, discussed, drafted and approved, their main foreign influences and content, and their practical operation." - Aniceto Masferrer, University of Valencia “While there is a vast corpus of literature on codification and, more specifically, civil codes in the civil law tradition, it is much less known that six US states codified their private laws during the 19th century. This book tells the fascinating story. Spoiler alert: it’s a family affair.” - Stefan Vogenauer, Max Planck Institute for Legal History and Legal Theory

Author : Ferdinand Mackeldey
Publisher : Unknown
Page : 444 pages
File Size : 44,7 Mb
Release : 2008-06-01
Category : Electronic
ISBN : 1436811198

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Compendium of Modern Civil Law V1 (1845) by Ferdinand Mackeldey Pdf

This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

Author : Zvonimir Slakoper,Ivan Tot
Publisher : Routledge
Page : 227 pages
File Size : 50,9 Mb
Release : 2021-08-16
Category : Law
ISBN : 9781000415421

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The Law of Obligations in Central and Southeast Europe by Zvonimir Slakoper,Ivan Tot Pdf

The Law of Obligations in Central and Southeast Europe examines the new codifications, reforms, and other recent developments in Central and Southeast Europe which have significantly modernized the law of obligations in the last two decades, focusing particularly on the legal systems of Poland, Czech Republic, Slovak Republic, Hungary, Slovenia, Croatia, Serbia, and Turkey. With chapters authored by prominent academics and promising young legal scholars, this book discusses the results of the modernizations and describes the legislative reforms of the law of obligations that are underway or are discussed and advocated for in the countries of Central and Southeast Europe. Divergences of the new civil codes and other legislative acts from earlier legal solutions are identified and the rationale behind these departures is analysed, as well as the introduction of the new legal institutes in the law of obligations in these parts of the world. The Introduction provides a concise country-by-country overview of the recodification, modernization, and reform of the law of obligations in Central and Southeast Europe. In Part I, chapters discuss the process of recodification in the Slovak Republic, Czech Republic, Poland, and Hungary, with focus on the main novelties in their contract and tort law. The chapters in Part II then discuss several, more specific legal institutes of the law of obligations, and other recent developments and contemporary challenges to the law of obligations in the Czech Republic, Slovenia, Croatia, Serbia, and Turkey. This book is of interest to legal scholars in the field of private law, as well as to students, practitioners, members of law reform bodies, and civil servants in Central and Southeast Europe, and beyond.

Author : Nicole Bolleyer
Publisher : Oxford University Press
Page : 376 pages
File Size : 46,5 Mb
Release : 2018-10-25
Category : Political Science
ISBN : 9780191076213

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The State and Civil Society by Nicole Bolleyer Pdf

State regulation of civil society is expanding yet widely contested, often portrayed as illegitimate intrusion. Despite ongoing debates about the nature of state-voluntary relations in various disciplines, we know surprisingly little about why long-lived democracies adopt more or less constraining legal approaches in this sphere, in which state intervention is generally considered contentious. Drawing on insights from political science, sociology, comparative law as well as public administration research, this book addresses this important question, conceptually, theoretically, and empirically. It addresses the conceptual and methodological challenges related to developing systematic, comparative insights into the nature of complex legal environments affecting voluntary membership organizations, when simultaneously covering a wide range of democracies and the regulation applicable to different types of voluntary organizations. Proposing the analytical tools to tackle those challenges, it studies in-depth the intertwining and overlapping legal environments of political parties, interest groups, and public benefit organizations across 19 long-lived democracies. After presenting an innovative interdisciplinary theoretical framework theorizing democratic states' legal disposition towards, or their disinclination against, regulating voluntary membership organizations in a constraining or permissive fashion, this framework is empirically tested. Applying Qualitative Comparative Analysis (QCA), the comparative analysis identifies three main 'paths' accounting for the relative constraints in the legal environments democracies have created for organized civil society, defined by different configurations of political systems' democratic history, their legal family, and voluntary sector traditions. Providing the foundation for a mixed-methods design, three ideal-typical representatives of each path - Sweden, the UK, and France - are selected for the in-depth study of these legal environments' long-term evolution, to capture reform dynamics and their drivers that have shaped group and party regulation over many decades.

Author : Rodrigo Momberg,Stefan Vogenauer
Publisher : Bloomsbury Publishing
Page : 352 pages
File Size : 49,9 Mb
Release : 2017-09-21
Category : Law
ISBN : 9781509914265

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The Future of Contract Law in Latin America by Rodrigo Momberg,Stefan Vogenauer Pdf

This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law. The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach. The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.

Author : James Gordley,Hao Jiang,Arthur Taylor von Mehren
Publisher : Cambridge University Press
Page : 735 pages
File Size : 48,5 Mb
Release : 2021-01-28
Category : Law
ISBN : 9781108835848

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An Introduction to the Comparative Study of Private Law by James Gordley,Hao Jiang,Arthur Taylor von Mehren Pdf

Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.

Author : Jianfu Chen
Publisher : Martinus Nijhoff Publishers
Page : 356 pages
File Size : 45,9 Mb
Release : 1995
Category : Law
ISBN : 0792332008

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From Administrative Authorisation to Private Law by Jianfu Chen Pdf

This book is an in-depth, comparative study of the nature of civil and commercial law and of its development in the PRC. It focuses on the very complex interrelations and interactions between Party and state policies and measures, scholars' theoretical efforts and the development of civil and commercial law, especially the development of the institutions of legal personality and of property rights in the PRC. It also analyses the underlying influences of foreign legal systems and legal theories as well as the difficulties experienced by Chinese law makers and scholars in applying these theories. The book provides fresh insights into the role of law and the transformation of Chinese civil and commercial law, as now occurring in the PRC. The book is a valuable reference source for scholars who wish to explore the fascinating subject of the transformation of civil and commercial law in contemporary China.

Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 44,5 Mb
Release : 2021
Category : Law
ISBN : 9780192896919

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Understanding Administrative Law in the Common Law World by Paul Daly Pdf

A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

Author : Hao Jiang,Pietro Sirena
Publisher : Cambridge University Press
Page : 349 pages
File Size : 50,5 Mb
Release : 2023-09-30
Category : Law
ISBN : 9781009336642

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The Making of the Chinese Civil Code by Hao Jiang,Pietro Sirena Pdf

This book is the first attempt in the English language to study and evaluate the new Chinese Civil Code.

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 42,7 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : Teemu Juutilainen
Publisher : Bloomsbury Publishing
Page : 360 pages
File Size : 40,5 Mb
Release : 2018-03-22
Category : Law
ISBN : 9781509910076

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Secured Credit in Europe by Teemu Juutilainen Pdf

This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice. This book is an important contribution to the future of secured transactions law in Europe and more widely. It will be of interest to academics, policymakers and legal practitioners involved in this field.