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Articles 1 - 23 of 23
Full-Text Articles in Law
Alchemistic Metaphors In Comparative Law: Mixed Legal Systems, Reception Of Laws And Legal Transplants, Andreas Rahmatian
Alchemistic Metaphors In Comparative Law: Mixed Legal Systems, Reception Of Laws And Legal Transplants, Andreas Rahmatian
Journal of Civil Law Studies
The terms “mixed legal systems” and “legal transplants” are used frequently in comparative law. What they denote exactly, is difficult to ascertain: what does the mixité consist of, what are its ingredients or building blocks; which types of mixité exist, how are legal transplants transformed in the receiving legal system? Comparative lawyers often resort to metaphors when they try to describe and explain these complex phenomena: metaphors from cooking, music, horticulture or biology. Whenever there are mixtures, trans-formations, or transmutations, metaphors from the philosophical concepts of alchemy are at least equally illuminating. This article discusses the different problems of conceptualising …
A Controversial Transplant? Debate Over The Adaptation Of The Napoleonic Code On The Polish Territories In The Early 19th Century, Michał Gałędek, Anna Klimaszewska
A Controversial Transplant? Debate Over The Adaptation Of The Napoleonic Code On The Polish Territories In The Early 19th Century, Michał Gałędek, Anna Klimaszewska
Journal of Civil Law Studies
This article focuses on the attitude of the Polish legal elite regarding the adaptation of French civil law introduced on the Polish territories in the Duchy of Warsaw, established by Napoleon in 1807. While addressing the Polish example, it underscores the universal nature of problems engendered by legal transfer and by the social reactions to foreign solutions. It sheds light on the state of mind of Polish enlightened elites, on their approach toward new legal instruments and on the challenges of adapting them to the socioeconomic conditions of a semi-peripheral country. The Polish situation in the early 19th century provides …
Data Ownership—A Property Rights Approach From A European Perspective, Andreas Boerding, Nicolai Culik, Christian Doepke, Thomas Hoeren, Tim Juelicher, Charlotte Roettgen, Max V. Schoenfeld
Data Ownership—A Property Rights Approach From A European Perspective, Andreas Boerding, Nicolai Culik, Christian Doepke, Thomas Hoeren, Tim Juelicher, Charlotte Roettgen, Max V. Schoenfeld
Journal of Civil Law Studies
Data has become one of the most important resources in post-modern information society. However, European civil law does not reflect this development adequately. In fact, so far, European civil law seems to struggle with handling data as a legal entity. Against this background, the article provides a transnational overview and a comprehensive analysis of the legal situation in Europe. It discusses why data ownership is widely perceived as a problem on this side of the Atlantic and how this perception can be overcome by a fundamental property law approach. Taking into account economic realities, we argue that European property law …
Economic Analysis Of The Interaction Between National Legal Systems: A Contribution To The Understanding Of Legal Diversity And Legal Unity, Hugues Bouthinon-Dumas
Economic Analysis Of The Interaction Between National Legal Systems: A Contribution To The Understanding Of Legal Diversity And Legal Unity, Hugues Bouthinon-Dumas
Journal of Civil Law Studies
Scholars increasingly use expressions such as “regulatory com-petition” or even “law market” to illustrate the new global legal system and the rivalry between national laws. This paper scrutinizes the legitimacy of the application of such economic concepts to legal systems’ interactions. An economic analysis could allow us to, more precisely, delimit the factors of convergence (leading to unity) and divergence (leading to diversity) between national legal systems due to competitive strategies (namely differentiation and alignment) and the consequences for the regulation of legal systems’ interactions.
Italy - The New Italian Regime For Healthcare Liability And The Role Of Clinical Practice Guidelines: A Dialogue Among Legal Formants, Laura Maria Franciosi
Italy - The New Italian Regime For Healthcare Liability And The Role Of Clinical Practice Guidelines: A Dialogue Among Legal Formants, Laura Maria Franciosi
Journal of Civil Law Studies
No abstract provided.
Mcgraw V. City Of New Orleans, Marcus D. Sandifer
Mcgraw V. City Of New Orleans, Marcus D. Sandifer
Journal of Civil Law Studies
No abstract provided.
The State Of Louisiana And The Vermilion Parish School Board V. Louisiana Land And Exploration Company, Kadence Haskett
The State Of Louisiana And The Vermilion Parish School Board V. Louisiana Land And Exploration Company, Kadence Haskett
Journal of Civil Law Studies
No abstract provided.
Introductory Essay To The Translation Of The Discourso Preliminar Of Pérez Y López’S Teatro, John W. Cairns
Introductory Essay To The Translation Of The Discourso Preliminar Of Pérez Y López’S Teatro, John W. Cairns
Journal of Civil Law Studies
No abstract provided.
Translation Of The Preliminary Discourse To The Teatro De La Legislación Universal De España E Indias, H. Barlow Holley
Translation Of The Preliminary Discourse To The Teatro De La Legislación Universal De España E Indias, H. Barlow Holley
Journal of Civil Law Studies
No abstract provided.
No.45 - December 2018, Center Of Civil Law Studies
No.45 - December 2018, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
The Organization Of American States’ Model Law On Simplified Corporations, Francisco Reyes Villamizar
The Organization Of American States’ Model Law On Simplified Corporations, Francisco Reyes Villamizar
Journal of Civil Law Studies
Colombian Law 1258 of 2008 introduced the Simplified Corpo-ration (Sociedad por Acciones Simplificada or SAS). This type of business entity included modern corporate law features such as sim-plified incorporation proceedings, full-fledged limited liability for its shareholders, and broad freedom of contract for the definition of housekeeping and governance rules. It also reduced old-fashioned prohibitions pertaining to shareholders and managers activities and reduced transaction costs. The SAS’s “opt-in” approach also has allowed for private parties to draft the most suitable agreements. The enabling provisions of Law 1258 have been the starting point for the preparation of at least three Model Law …
Dan E. Stigall, The Santillana Codes: The Civil Codes Of Tunisia, Morocco, And Mauritania, Agustín Parise
Dan E. Stigall, The Santillana Codes: The Civil Codes Of Tunisia, Morocco, And Mauritania, Agustín Parise
Journal of Civil Law Studies
No abstract provided.
Canada’S Legal Traditions: Sources Of Unification, Diversification, Or Inspiration?, Rosalie Jukier
Canada’S Legal Traditions: Sources Of Unification, Diversification, Or Inspiration?, Rosalie Jukier
Journal of Civil Law Studies
Quebec, the only province within Canada to follow the civil law tradition, is an ideal microcosm for the study of unity and diversity within legal orders. The question of whether Quebec’s civilian legal tradition should be interpreted and applied so as to be in unity with the common law or, rather, adhere to its own distinct legal culture has pervaded doctrine and jurisprudence for over a century. Inter-estingly, the pendulum has swung widely. Quebec has seen moments when the philosophy of the Supreme Court of Canada was one of unification and harmonization of Quebec law with the common law tradition, …
The Impact Of Harmonized European Private Law And The Acquis Communautaire On Spanish Law, Luz M. Martínez Velencoso
The Impact Of Harmonized European Private Law And The Acquis Communautaire On Spanish Law, Luz M. Martínez Velencoso
Journal of Civil Law Studies
Globalisation has seen the development of a body of autono-mous legal rules of international trade that bridge the gap between the two main legal families (common law and civil law). These new rules focus on the function rather than on the dogmatic origin or legal tradition behind a particular norm or principle. In Europe, there are various texts that harmonize private law and which con-form to this model, such as the PECL, the DCFR or the CESL. Within the European Union, this process of informal and decentral-ized rulemaking has not yet resulted in the enactment of a European Civil Code …
Central America - A First Approach To Tort Liability In The Central American Civil Codes, Claudia María Castro Valle
Central America - A First Approach To Tort Liability In The Central American Civil Codes, Claudia María Castro Valle
Journal of Civil Law Studies
No abstract provided.
Germany - 2017: An Eventful Year In German Family Law, Saskia Lettmaier
Germany - 2017: An Eventful Year In German Family Law, Saskia Lettmaier
Journal of Civil Law Studies
No abstract provided.
Early 20th Century Perceptions Of Civil Law-Common Law Difference: F.L. Joannini’S Spanish-English Civil Code Translations In Context, Seth S. Brostoff
Early 20th Century Perceptions Of Civil Law-Common Law Difference: F.L. Joannini’S Spanish-English Civil Code Translations In Context, Seth S. Brostoff
Journal of Civil Law Studies
The proper method for translating Spanish and Portuguese civil law concepts into English was a topic of debate among civil law scholars and comparatists at the turn of the last century. This article examines the translation approaches of three Americans (Clifford Walton, F.L. Joannini, and Joseph Wheless) who independently translated the Spanish, Colombian, Argentine, and Brazilian Civil Codes during the period 1899-1920. Specifically, Walton’s (1899) Spanish Civil Code translation’s use of common law English is con-trasted with Joannini’s Colombian (1905) and Argentine (1917) Civil Codes translations’ preference for a “civilian” legal lexicon, including substantial borrowing from the special civil law …
No.44 - September 2018, Center Of Civil Law Studies
No.44 - September 2018, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
No.43 - March 2018, Center Of Civil Law Studies
No.43 - March 2018, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.