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Articles 1 - 30 of 79
Full-Text Articles in Law
A Decade Of Civilian Scholarship: The Role Of The Journal Of Civil Law Studies As A Bridge Between Louisiana And The Civil Law World, Agustín Parise
A Decade Of Civilian Scholarship: The Role Of The Journal Of Civil Law Studies As A Bridge Between Louisiana And The Civil Law World, Agustín Parise
Journal of Civil Law Studies
No abstract provided.
The Reluctance Of Civil Law Systems In Adopting The Ucc Article 9 “Without Breach Of Peace” Standard—Evidence From National And International Legal Instruments Governing Secured Transactions, Asress Adimi Gikay, Cătălin Gabriel Stănescu
The Reluctance Of Civil Law Systems In Adopting The Ucc Article 9 “Without Breach Of Peace” Standard—Evidence From National And International Legal Instruments Governing Secured Transactions, Asress Adimi Gikay, Cătălin Gabriel Stănescu
Journal of Civil Law Studies
One of the defining features of the Uniform Commercial Code Article 9 is the secured creditor’s ability to take possession of the collateral upon the debtor’s default “without breach of peace.” This standard is meant to protect the debtor from abusive secured creditors, the meaning of which has been shaped by courts on a case-by-case basis.
In reforming their secured transactions laws to enhance access to credit, continental legal systems have shown great reception to Article 9 by adopting the unitary concept and functional approach to security interests, introducing private enforcement mechanisms, including various forms of self-help repossession. However, the …
The Fourth Circuit’S Treatment Of Anunconventional Obligation Inwegmann V. Tramontin, Nathan W. Friedman
The Fourth Circuit’S Treatment Of Anunconventional Obligation Inwegmann V. Tramontin, Nathan W. Friedman
Journal of Civil Law Studies
No abstract provided.
Notarial Acts As Written Evidence: Towards A Convergence Between Civil Law And Common Law Systems, Angelo Chianale
Notarial Acts As Written Evidence: Towards A Convergence Between Civil Law And Common Law Systems, Angelo Chianale
Journal of Civil Law Studies
This article studies the contrast between civil and common law systems regarding the significance of the notarial act. According to conventional scholarship, in the former, civil procedure requires written evidence and the notarial act is the strongest kind of evidence. In the latter, however, civil procedure requires oral evidence and the notarial act has no specific relevance. This article examines the extent of these two main principles: a) in civil law systems the notarial act is full evidence of the extrinsic and a document can be challenged only with an action for falsity; and b) in common law systems the …
Louis Victor De La Vergne (1938-2017), Agustín Parise
Louis Victor De La Vergne (1938-2017), Agustín Parise
Journal of Civil Law Studies
No abstract provided.
Disobeying Courts’ Orders—A Comparative Analysis Of The Civil Contempt Of Court Doctrine And Of The Imageof The Common Law Judge, Carlo Vittorio Giabardo
Disobeying Courts’ Orders—A Comparative Analysis Of The Civil Contempt Of Court Doctrine And Of The Imageof The Common Law Judge, Carlo Vittorio Giabardo
Journal of Civil Law Studies
The aim of this article is to briefly tackle, from a comparative viewpoint, an academically quite overlooked topic: techniques of enforcement of lawful judgments. Despite a gradual convergence in many fields of law, common and civil law jurisdictions still maintain a striking diversity in the ways in which they react to non-compliance with court judgments. Whilst in common law tradition, failure to comply with a judicial order is considered civil contempt of court, in civil law countries this legal institution is simply unknown. Furthermore, it is only in civil law systems that failure to comply with a court judgment cannot …
Social Obligations Of Land Rights On Chinese Collective-Owned Land, Zhe Huang
Social Obligations Of Land Rights On Chinese Collective-Owned Land, Zhe Huang
Journal of Civil Law Studies
This article critically examines social obligations on Chinese collective-owned land. Current social responsibilities on Chinese collective-owned land are inadequate, ineffective, and distorted. Rural property right holders do not owe sufficient social burdens to society. As rural land regulators, rural collectives should have the authority to regulate and manage agricultural land use. Because of the vague and weak identity of rural collectives, collectives have limited authority and resources in restricting and regulating rural land use rights. As rural landowners, collectives violate their social responsibilities by misusing agricultural land and harming society. This article argues that for agricultural land, where physical characteristics …
What Medical Risks Should Physicians Disclose To Their Patients? Towards A Better Standard In American And French Medical Malpractice Law, Alina-Emilia Ciortea
What Medical Risks Should Physicians Disclose To Their Patients? Towards A Better Standard In American And French Medical Malpractice Law, Alina-Emilia Ciortea
Journal of Civil Law Studies
This essay discusses the historical and evolutionary back-ground of the doctrine of informed consent in medical malpractice cases in order to provide the reader with a detailed and a unique comparative perspective of the law in the United States and in France, along with some cross-references to other legal systems across the globe.
In order to achieve the desired goal, this paper conducts the analysis based on a hypothetical situation. Starting from these facts, the paper shows how and if the American and the French standards addressing the scope of the physician’s duty to disclose the risks intrinsic to the …
France - The French Reform Of Contract Law: The Art Of Redoing Without Undoing, Mustapha Mekki
France - The French Reform Of Contract Law: The Art Of Redoing Without Undoing, Mustapha Mekki
Journal of Civil Law Studies
No abstract provided.
The Interaction Of Good Faith With Contract Performance, Dissolution, And Damages In The Louisiana Supreme Court, Jumoke Dara, Olivier Moréteau
The Interaction Of Good Faith With Contract Performance, Dissolution, And Damages In The Louisiana Supreme Court, Jumoke Dara, Olivier Moréteau
Journal of Civil Law Studies
No abstract provided.
Hooper V. Hero Lands Company, Christopher B. Ortte
Hooper V. Hero Lands Company, Christopher B. Ortte
Journal of Civil Law Studies
No abstract provided.
Evelyn L. Wilson, The Justices Of The Supreme Court Of Louisiana 1865-1880, Georgia Chadwick
Evelyn L. Wilson, The Justices Of The Supreme Court Of Louisiana 1865-1880, Georgia Chadwick
Journal of Civil Law Studies
No abstract provided.
More Restrictive Alternatives, Michael Coenen
No.42 - December 2017, Center Of Civil Law Studies
No.42 - December 2017, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
Buying Power: Utility Dark Money And The Battle Overrooftop Solar, Troy A. Rule
Buying Power: Utility Dark Money And The Battle Overrooftop Solar, Troy A. Rule
LSU Journal of Energy Law and Resources
No abstract provided.
A “Minor” Problem With Oil And Gas Company Settlementagreements, Tyler White
A “Minor” Problem With Oil And Gas Company Settlementagreements, Tyler White
LSU Journal of Energy Law and Resources
No abstract provided.
A Watershed Agreement: Fixing The Wild West Of Waterusage, Jane M. Daily
A Watershed Agreement: Fixing The Wild West Of Waterusage, Jane M. Daily
LSU Journal of Energy Law and Resources
No abstract provided.
Smart Home Alone: The World’S Gateway To More Efficientuse Of Energy And Mayhem, Chanse J. Barnes
Smart Home Alone: The World’S Gateway To More Efficientuse Of Energy And Mayhem, Chanse J. Barnes
LSU Journal of Energy Law and Resources
No abstract provided.
The Future Of The Canadian Energy Industry In A Low Pricecommodity Environment, Monika U. Ehrman
The Future Of The Canadian Energy Industry In A Low Pricecommodity Environment, Monika U. Ehrman
LSU Journal of Energy Law and Resources
No abstract provided.
The Local Economic Impacts Of Natural Resource Extraction:A Survey Of Economic Literature, Mallory C. Vachon
The Local Economic Impacts Of Natural Resource Extraction:A Survey Of Economic Literature, Mallory C. Vachon
LSU Journal of Energy Law and Resources
No abstract provided.
Cancellation Of Indebtedness For Publicly Tradedpartnerships, Gregory V. Nelson
Cancellation Of Indebtedness For Publicly Tradedpartnerships, Gregory V. Nelson
LSU Journal of Energy Law and Resources
No abstract provided.
Usurping Democracy And The Attempts To Ban Hydraulicfracturing, William E. Sparks, Malinda Morain
Usurping Democracy And The Attempts To Ban Hydraulicfracturing, William E. Sparks, Malinda Morain
LSU Journal of Energy Law and Resources
No abstract provided.
Supply And Demand, One And The Same Since When?: Theepa’S Failed Attempt To Find A Loophole In Therenewable Fuel Standard, Kourtney Lanea Kech
Supply And Demand, One And The Same Since When?: Theepa’S Failed Attempt To Find A Loophole In Therenewable Fuel Standard, Kourtney Lanea Kech
LSU Journal of Energy Law and Resources
No abstract provided.