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Full-Text Articles in Law

L'Estoppel Et La Protection De La Confiance Légitime: Eléments D'Un Renouveau Du Droit De La Responsabilité (Droit Anglais Et Droit Français), Olivier Moréteau Jan 1990

L'Estoppel Et La Protection De La Confiance Légitime: Eléments D'Un Renouveau Du Droit De La Responsabilité (Droit Anglais Et Droit Français), Olivier Moréteau

Journal Articles

When studied in its historical dimension, the English doctrine of estoppel does not anymore appear like a rule of evidence but like a rule of substantive law. It precludes a person from denying a representation he has made whenever another person has been detrimentally relying on the truth of this representation. Estoppel can then be featured as a key concept taking place at the core of the law of obligations, together with the notions of tort, contract, and restitution. Within this province of the law, judges protect the reliance of parties reasonably acting on the faith of other parties’ conduct …


West German Constitutionalism And Church-State Relations, Donald P. Kommers Jan 1990

West German Constitutionalism And Church-State Relations, Donald P. Kommers

Journal Articles

The complex structure of church-state relations in West Germany arises out of numerous provisions of the Basic Law that combine features of both separation and accommodation. The Basic Law's separationist features are expressed in various guarantees of religious liberty and in the ban on the establishment of a state church. Its accommodationist features appear in constitutional provisions on religious education as well as in articles, taken over from the Weimar Constitution, that confer upon the established churches a special juridical status enjoyed by no other nongovernmental entity. The arguably diverse goals of the religion clauses are difficult to reconcile, creating …