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Articles 1 - 30 of 302
Full-Text Articles in Civil Law
Cueto-Rúa’S Judicial Methods Of Interpretation Of The Law: A Guide For The Future, Olivier Moréteau
Cueto-Rúa’S Judicial Methods Of Interpretation Of The Law: A Guide For The Future, Olivier Moréteau
Journal of Civil Law Studies
No abstract provided.
Judicial Methods Of Interpretation Of The Law (Excerpts), Julio C. Cueto-Rúa
Judicial Methods Of Interpretation Of The Law (Excerpts), Julio C. Cueto-Rúa
Journal of Civil Law Studies
No abstract provided.
No Trespassing: The Legal Origins Of Louisiana’S Water Access Dispute, Karly Kyzar Dorr
No Trespassing: The Legal Origins Of Louisiana’S Water Access Dispute, Karly Kyzar Dorr
Journal of Civil Law Studies
Since the birth of the civil law tradition, the public’s right to access and use running waters has been recognized and protected through written legal sources, statutes, and codes. However, although the State of Louisiana is often lauded as the “Sportsman’s Paradise,” the current judicial interpretation of water access rights has restricted the public’s ability to use waterways, in particular running waters, for recreational pursuits such as fishing and hunting. The purpose of this essay is first to highlight the trajectory of the development of the law relative to the public’s right to access and use running waters. The analysis …
Bilingual English-Spanish Louisiana Civil Code, Book Iii, Titles Iii-V, Mariano Vitetta
Bilingual English-Spanish Louisiana Civil Code, Book Iii, Titles Iii-V, Mariano Vitetta
Journal of Civil Law Studies
No abstract provided.
Covid-19 And The Italian Legal System, Laura Maria Franciosi
Covid-19 And The Italian Legal System, Laura Maria Franciosi
Journal of Civil Law Studies
COVID-19 hit Italy with particular violence. Then spreading around Europe and worldwide, the virus raised unprecedented issues requiring the implementation of urgent measures to prevent its propagation. This Article focuses on selected topics of the Italian civil law particularly affected by the rise of COVID-19 and tries to provide brief comparative remarks. Namely, after summarizing the most important events that occurred in Italy––originating from the discovery of the first Italian case of COVID-19 in Codogno––it outlines relevant social and legal scenarios. This Article also concentrates on commercial lease contracts, and subsequently addresses the legal implications of vaccination, with reference to …
Restating The Civil Law Of Quasi-Contract: Negotiorum Gestio And Unjust Enrichment, Nikolaos A. Davrados
Restating The Civil Law Of Quasi-Contract: Negotiorum Gestio And Unjust Enrichment, Nikolaos A. Davrados
Journal of Civil Law Studies
This Article restates the Louisiana civil law of negotiorum gestio and unjust enrichment, one decade after the common-law Third Restatement of Restitution and Unjust Enrichment. The Article first redefines and re-designates the term "quasi-contract" from a false source of obligations to a valid practical term describing the two separate institutions of negotiorum gestio and unjust enrichment. Based on this renewed understanding of quasi-contract, the Article proceeds to a detailed commentary on the revised Louisiana law of negotiorum gestio and unjust enrichment (which includes the special action for payment of a thing not due and the general action for enrichment without …
The 2020 Revision Of The Puerto Rican Civil Code: A Brief Explanation Of Major Changes, Luis Muñiz-Argüelles
The 2020 Revision Of The Puerto Rican Civil Code: A Brief Explanation Of Major Changes, Luis Muñiz-Argüelles
Journal of Civil Law Studies
Puerto Rico is with Louisiana one of the two United States jurisdictions having kept the civil law tradition as the bedrock of its private law. One of the last Spanish colonies, Puerto Rico became a US Territory in 1899. The Spanish Civil Code was replaced by a Puerto Rican Civil Code in 1930. A revision process spanned over a period of 23 years, ending with the adoption of a new Civil Code in 2020. After a presentation of the revision process, this report presents and discusses the changes and innovations in family law, property, contractual obligations, torts, and successions, also …
Forthcoming: Louisiana Civil Code Commentary, Nikolaos A. Davrados
Forthcoming: Louisiana Civil Code Commentary, Nikolaos A. Davrados
Journal of Civil Law Studies
No abstract provided.
Letter By John H. Tucker, Jr. On The 1969 Reprint Of The De La Vergne Volume, John H. Tucker Jr.
Letter By John H. Tucker, Jr. On The 1969 Reprint Of The De La Vergne Volume, John H. Tucker Jr.
Journal of Civil Law Studies
No abstract provided.
Bilingual Korean-English Civil Code Of The Democratic People's Republic Or Korea, Joseph Cho
Bilingual Korean-English Civil Code Of The Democratic People's Republic Or Korea, Joseph Cho
Journal of Civil Law Studies
No abstract provided.
Cole V. Thomas, Macy P. Spencer
Vernon Valentine Palmer, The Lost Translators Of 1808 And The Birth Of Civil Law In Louisiana, Mariano Vitetta
Vernon Valentine Palmer, The Lost Translators Of 1808 And The Birth Of Civil Law In Louisiana, Mariano Vitetta
Journal of Civil Law Studies
No abstract provided.
Penalty Default Rules In Quebec Contract Law, Zackary Goldford
Penalty Default Rules In Quebec Contract Law, Zackary Goldford
Journal of Civil Law Studies
Few would deny that contract law is filled with default rules, but there has been a great deal of scholarly debate about their purposes and functions. Some American scholars have argued that there are default rules that do not align with most parties’ expectations; indeed, they impose a burden on one or both parties if they are not departed from. Departing from these default rules typically requires one or both parties to share information that they might have otherwise kept to themselves. These have been called “penalty default rules.” While there is a significant amount of scholarship on penalty default …
Performatives In Argentine Supreme Court Dissents: A Jurilinguistic Proposal For Civilian Change Based On The American Common Law, Mariano Vitetta
Performatives In Argentine Supreme Court Dissents: A Jurilinguistic Proposal For Civilian Change Based On The American Common Law, Mariano Vitetta
Journal of Civil Law Studies
This article explores a linguistic defect in how Argentine Supreme Court dissents are written. The reader of these dissents has a hard time distinguishing between a majority opinion and a dissenting opinion, because dissents are written “as if” they were deciding the case. The confusion results from the use of performative language in dissents when adherence to reality and a plain-language approach require modal verbs reflecting the language of suggestion. This is actually the way dissents are expressed in the United States, the jurisdiction from which the Argentine Supreme Court copied its constitutional design. To make the case against the …
An Essay On Ideology And Legal Education In Micro Jurisdictions: The Example Of Jersey, David Marrani
An Essay On Ideology And Legal Education In Micro Jurisdictions: The Example Of Jersey, David Marrani
Journal of Civil Law Studies
This article explores the question of legal education in micro jurisdictions using the case of Jersey, a British Crown Dependency, positioned geographically, historically and culturally between two larger jurisdictions, France and the UK. It analyses how Jersey’s legal training is pulled towards those large “big neighbours,” rather than focusing on what makes its specificity and attraction. It questions how legal education in micro-jurisdiction is actually linked to ideology. The article starts with the following question: are we taking micro jurisdictions seriously? It then considers the routes to legal qualification in micro jurisdictions, before focusing specifically on the case of Jersey …
The Doctrine Of Veil-Piercing Liability In Poland And Selected Countries: A Comparative Law Study, Mariusz Fras
The Doctrine Of Veil-Piercing Liability In Poland And Selected Countries: A Comparative Law Study, Mariusz Fras
Journal of Civil Law Studies
The separation of a company from its members, based on legal personality, is recognized as one of the fundamental principles of corporate law. It expresses the legal distinction between the two entities. A consequence of the separateness principle is that members are not liable for the debts of their companies, and companies cannot be held liable for the debts of their members. However, such consequences of the principle of mutual autonomy of companies and their members are in sharp contrast with commercial reality, in which intertwined corporate groups operate as a single economic entity. In market transactions, a subsidiary often …
Introductory Note To The English Translation Of The Civil Code Of North Korea, Joseph Cho
Introductory Note To The English Translation Of The Civil Code Of North Korea, Joseph Cho
Journal of Civil Law Studies
No abstract provided.
Bilingual English-Spanish Louisiana Civil Code, Book Ii, Mariano Vitetta
Bilingual English-Spanish Louisiana Civil Code, Book Ii, Mariano Vitetta
Journal of Civil Law Studies
No abstract provided.
Codification Of Civil Law In Azerbaijan: History, Current Situation And Development Perspectives, Natig Khalilov
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 …
Natural And Artificial Neural Networks: The Chilean Legal Framework, Carlos Amunátegui Perelló
Natural And Artificial Neural Networks: The Chilean Legal Framework, Carlos Amunátegui Perelló
Journal of Civil Law Studies
Neuro-law and neuro-rights are emerging legal fields in the intersection of law, ethics, and technology. The aim of this study is to present the legal and scientific foundations of the matter, highlighting the Chilean regulation model on the problem.
The Constitutional Reshaping Of South Africa's Succession Laws, François Du Toit
The Constitutional Reshaping Of South Africa's Succession Laws, François Du Toit
Journal of Civil Law Studies
The South African Constitution of 1996 has had a significant im-pact on all the branches of South African law, including its succes-sion laws. The Constitution has transformatively reshaped im-portant aspects of South Africa's succession laws over the past two-and-a-half decades. This Article surveys the reshaping of two such aspects critically, namely (i) the extension of spousal inheritance under the Intestate Succession Act of 1987 and the Wills Act of 1953 as well as the extension of parental inheritance under the former statute; and (ii) the limitation of testamentary freedom. The afore-mentioned developments occurred by and large at the hands of …
Successions Of Toney, Winston M. Faulk
Successions Of Toney, Winston M. Faulk
Journal of Civil Law Studies
No abstract provided.
Wells Fargo Bank Minn., Nat’L Ass’N V. Holoway, Arthur H. Pearcy
Wells Fargo Bank Minn., Nat’L Ass’N V. Holoway, Arthur H. Pearcy
Journal of Civil Law Studies
No abstract provided.
Caroline I.B. Laske, Law, Language And Change. A Diachronic Semantic Analysis Of Consideration In The Common Law, Warren Swain
Caroline I.B. Laske, Law, Language And Change. A Diachronic Semantic Analysis Of Consideration In The Common Law, Warren Swain
Journal of Civil Law Studies
No abstract provided.
Harry Dondorp, David Ibbetson, And Eltjo J. H. Schrage (Eds.), Limitation And Prescription: A Comparative Legal History, Benjamin West Janke
Harry Dondorp, David Ibbetson, And Eltjo J. H. Schrage (Eds.), Limitation And Prescription: A Comparative Legal History, Benjamin West Janke
Journal of Civil Law Studies
No abstract provided.