Law Commons^™

Codification Of Civil Law In Azerbaijan: History, Current Situation And Development Perspectives, Natig Khalilov

Journal of Civil Law Studies

The Civil Code is the second most important legal act in the country after the Constitution, and the first in terms of volume. Due to its important role in the lives of citizens, the Civil Code is sometimes informally referred to as the “Economic Constitution.” At the same time, the Civil Code is the main document setting the rules for a market economy. This article is devoted to the processes of codification of civil law in Azerbaijan over the past 100 years. During the twentieth century, through the codification of civil law, Azerbaijan has adopted three Civil Codes, far more …

Proceed With Caution: Readjusting The Procedural Requirements For Prenuptial Agreements Post-Acurio V. Acurio, Emily Hickman

Louisiana Law Review

The article discusses the need to amend the procedural requirements for prenuptial agreements under the Louisiana Civil Code following the Supreme Court's decision in Acurio v. Acurio which held that acknowledgment of an act under private signature must take place before the marriage.

Developing The Civil Law Of Incorporeal Things, Ricardo Bethencourt, Aniceto Masferrer

Journal of Civil Law Studies

This article offers the legal profession a method to effectuate on behalf of authors, designers, or inventors who are residents of Louisiana (or for Louisiana transactions) the rights recognized by federal law on intellectual property (IP) and unfair competition by activating the civil law on incorporeal things. Additionally, it offers a way to enhance the civil law practitioners’ stock of solutions with the regular notions of property, contracts, and torts in IP and unfair competition law for fascinating results. Also, it enables civil law academia to teach IP and unfair competition law through regular courses such as property, contracts, and …

French Jurisdictional Complexity On The Fringe— Acadia 1667-1710, Jacques Vanderlinden

Journal of Civil Law Studies

During the second half of the 17th century of French formally institutionalized colonial power in Acadia, the province was in an interesting state of jurisdictional complexity insofar as French colonists were concerned. While native Amerindians, mostly Malecites and Micmawqs, carried their precolonial political order and jurisdictional organisation without almost any interference of the colonial power, imported normative systems derived from feudalism, the Catholic Church, French colonial order, French provincial customs and family organisation were juxtaposed and interacted, each of them were a well-known part of the Western legal tradition. Yet—and this is the most interesting—the state power, which was prevalent …

Star Financial Services, Inc. V. Cardtronics Usa, Inc., Nancy A. Maurice

Journal of Civil Law Studies

No abstract provided.

Hazing Laws In Louisiana: Criminal Penalty Masquerading Under The Guise Of Punitive Damages, Brittney Esie

Journal of Civil Law Studies

No abstract provided.

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 …

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.

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

Journal of Civil Law Studies

No abstract provided.

Hidden Law: Taking The Comments More Seriously, Melissa T. Lonegrass

Journal Articles

No abstract provided.

Jersey: Vocabularies Of Coûtume And Code, Steven Pallot

Journal of Civil Law Studies

The Channel Islands were an integral part of the Duchy of Normandy until 1204 when King John lost Continental Normandy to the French King, Philip Augustus. Jersey and Guernsey did not submit to the jurisdiction of the French King but retained allegiance to the King in England as Duke of Normandy. The customary laws of the Islands retain their Norman root to this day in spite of strong legal and cultural influences from England in the 19^thand 20Centuries. A rich legal vocabulary in both French and English has evolved in these mixed legal jurisdictions.

This article examines the …

Keep Calm And Teach Gaius, Nicholas Kasirer

Louisiana Law Review

No abstract provided.

United States Discovery And Foreign Blocking Statutes, Vivian Grosswald Curran

Louisiana Law Review

No abstract provided.

The French Reform Of Contracts: An Opportunity To Tie Together The Community Of Civil Lawyers, Michel Séjean

Louisiana Law Review

No abstract provided.

A Binding And Perpetual Obligation: Protecting Louisiana’S Sixteenth Section Land As A Natural Resource, Zachary Howser

LSU Journal of Energy Law and Resources

No abstract provided.

The Anomalous Interaction Between Code And Statute--Lessor's Warranty And Statutory Waiver, Melissa T. Lonegrass

Journal Articles

No abstract provided.

A Common Lawyer's Perspective On The European Perspective On Punitive Damages, Michael L. Wells

Louisiana Law Review

No abstract provided.

Convergence In Contort: Landlord Liability For Defective Premises In Comparative Perspective, Melissa T. Lonegrass

Journal Articles

No abstract provided.

Examining A Comparative Law Myth: Two Hundred Years Of Riparian Misconception, Andrea B. Carroll

Journal Articles

This article is a first step in an effort to critically examine - and to debunk - some of the myths that persist about the degree to which the common and civil law systems differ. Specifically, the article questions the validity of recent scholarly commentary suggesting that the primary differences between the systems can be found in their substantive legal rules or in their respective "spirits." A relatively narrow issue of riparian access perfectly highlights the problem. Nearly all of the high courts in the United States that have examined this particular riparian issue have chosen to adopt either the …

Limited Liability For General Partnerships: Another Louisiana Anomaly?, Magan Causey

Louisiana Law Review

No abstract provided.

Contemplating A Civil Law Paradigm For A Future International Commercial Code, Wayne R. Barnes

Louisiana Law Review

No abstract provided.

The Sources Of Law And The Value Of Precedent: A Comparative And Empirical Study Of A Civil Law State In A Common Law Nation, Mary Garvey Algero

Louisiana Law Review

No abstract provided.

From Baton Rouge To Baghdad: A Comparative Overview Of The Iraqi Civil Code, Dan E. Stigall

Louisiana Law Review

No abstract provided.

The Gay Man And His Civil Code, Michael Mcauley

Louisiana Law Review

No abstract provided.

Convergence Of Political Systems, Don Luis Martinez-Calcerrada Y Gómez

Louisiana Law Review

No abstract provided.

The Interrelationship Between Common Law And Civil Law, Guy Canivet

Louisiana Law Review

No abstract provided.

Influence Croisée De La Common Law Et Du Droit Civil, Guy Canivet

Louisiana Law Review

No abstract provided.

La Convergencia De Los Sistemas Jurídicos, Don Luis Martinez-Calcerrada Y Gómez

Louisiana Law Review

No abstract provided.

Capitant Lecture, James L. Dennis

Louisiana Law Review

No abstract provided.