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Articles 1 - 11 of 11

Full-Text Articles in Civil Law

History Against Free Speech: The New German Law Against The "Auschwitz" -- And Other -- "Lies", Eric Stein Nov 1986

History Against Free Speech: The New German Law Against The "Auschwitz" -- And Other -- "Lies", Eric Stein

Michigan Law Review

An American observer would expect the central issue in the public debate to be the conflict between the constitutionally protected values of individual freedom of expression on the one hand and public security and personal honor on the other. This, however, has not been the case. To the contrary, the constitutional issue has played a marginal role in the legislative process, and it has been resolved by the courts with obvious ease in favor of the constitutionality of the previous legislation on the same general subject. There is every reason to believe that the new law will also be upheld, …


The Uniform Foreign Money-Judgments Recognition Act, Michigan Law Review Dec 1965

The Uniform Foreign Money-Judgments Recognition Act, Michigan Law Review

Michigan Law Review

Many nations do not accord conclusive effect to foreign judgments unless their own judicial decrees are reciprocally enforced by the country rendering the judgment. The law in the United States is unsettled, with some states holding that foreign judgments are reviewable on the merits if the judgment forum similarly reviews the merits of American decrees, while others accord conclusive effect to valid foreign money judgments regardless of the effect accorded American decrees in the judgment forum. Judgments in the latter states would seem entitled to conclusive enforcement in countries requiring reciprocity. However, such conclusive recognition has been hindered because many …


Grzybowski: Soviet Legal Institutions: Doctrines And Social Functions, Isaac Shapiro May 1963

Grzybowski: Soviet Legal Institutions: Doctrines And Social Functions, Isaac Shapiro

Michigan Law Review

A Review of Soviet Legal Institutions: Doctrines and Social Functions. By Kazimierz Grzybowski.


Schwartz: The Code Napoleon And The Common Law World, J. G. Castel Jan 1957

Schwartz: The Code Napoleon And The Common Law World, J. G. Castel

Michigan Law Review

A Review of The Code Napoleon and the Common Law World. Edited by Bernard Schwartz.


Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop May 1956

Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop

Michigan Law Review

A Review of A Common Lawyer Looks at the Civil Law. By F. H. Lawson.


Soviet Civil Law: A Review, Roscoe Pound Nov 1951

Soviet Civil Law: A Review, Roscoe Pound

Michigan Law Review

Here is an excellent and much needed book. Although the enthusiastic wishful thinking about things Russian, fashionable not so long ago, has for the most part abated, the rise of a new social and economic order on a great scale must call for careful study by lawyers and law-makers no less than by historians and economists and students of politics. Now that a generation has been at work constructively since the destructive era of militant communism after the revolution, we need accurate and objectively presented and interpreted information as to how the administration of justice goes on under "the dictatorship …


Insolvent Decedents' Estates, Kurt H. Nadelmann Jun 1951

Insolvent Decedents' Estates, Kurt H. Nadelmann

Michigan Law Review

The problems of insolvent decedents' estates have created special difficulties in all legal systems. Two unrelated fields of the law are involved: decedents' estates and insolvency. Treatment of the topic in works on one or the other field is often scanty and few studies exist which deal exclusively with insolvent decedents' estates law. Research in the conflicts problems of the field has led the writer to investigate the differences in the treatment of insolvent decedents' estates in this country, other common law countries, and countries of the civil law. Results of this study are used to discuss problems of the …


Optional Terms (Jus Dispositivum) And Required Terms (Jus Cogens) In The Law Of Contracts, Arthur Lenhoff Nov 1946

Optional Terms (Jus Dispositivum) And Required Terms (Jus Cogens) In The Law Of Contracts, Arthur Lenhoff

Michigan Law Review

In speaking of statutory law in the common law courts, lawyers have ascribed to it a limiting office, namely, that of interference with the parties' freedom to act and transact at their pleasure. A closer consideration shows them that the function of statutory law varies not only with the legal system to which it belongs, but also with the structural changes within a single legal system.


Clovis Bevilaqua And The Brazilian Civil Code, Anyda Marchant Apr 1945

Clovis Bevilaqua And The Brazilian Civil Code, Anyda Marchant

Michigan Law Review

Clovis Bevilaqua is a monument in the history of Brazilian law. His death on July 26, 1944, closed the door on an epoch. When he began his career in the eighties, Brazilian law, with the exception of the commercial code, was uncoordinated and outmoded. Now. Brazil is in a period of very active work on the recodification of its laws and their adaptation to the needs of modern life. Not all of this change is the work of one man, but Bevilaqua was the principal lingering representative, among the lawyers, of the intellectual movement that accompanied the setting up of …


Civil Law And The Common Law A World Survey, R W. Lee Dec 1915

Civil Law And The Common Law A World Survey, R W. Lee

Michigan Law Review

In universities and other seats of learning, where men devote themselves to the pursuit of truth, certain great events or movements in the world's history claim attention as essentially and always proper subjects of investigation. Whatever the future may bring, we can hardly suppose a time when the art of Greece, the literature of England, the religions of the East will not be studied. Nor before an assembly of lawyers is it necessary to urge the claims of a great system of law as a subject which may well engage the amplest resources of the human intellect. For many centuries …


French Jury System, Simeon E. Baldwin Apr 1904

French Jury System, Simeon E. Baldwin

Michigan Law Review

France has never adopted the principle of jury trials in civil cases. For criminal trials, it was introduced during the Revolution in 1790, and by a law of the next year any qualified elector: could be chosen as a juror. It has never, however, been extended beyond the decision of the issue between the accused and the public. If (as is permitted) when the offense for which the prosecution is brought has caused pecuniary injury to some private individual, he joins himself to the cause, as a party (partie civile), and claims judgment in his favor for the damages which …