Law Commons^™

The Mediterranean Hybridity Project: Crossing The Boundaries Of Law And Culture, Seán Patrick Donlan

Journal of Civil Law Studies

No abstract provided.

The Mediterranean Legacy In The Concept Of Sovereignty: A Case Of Legal And Philosophical Hybridity, Alessio Lo Giudice

Journal of Civil Law Studies

The ideas of centralized political power and monarchy that emerged from the Mediterranean world are among the most important philosophical bases for the concept of sovereignty. My thesis is that the normative idea of an absolute, independent, and exclusive center of power originates in a complex case of philosophical hybridity. It is the outcome of the alternation between the conception of the Sovereign as representing the supreme power (the indirect theory) and the conception of the Sovereign as directly containing that power (the direct theory). The former conception is usually associated with the history of Western political culture and the …

How Was Judicial Power Balanced In Malta In Early Modern Times? A Cursory Look At The Maltese Legal System Through A Historical Perspective, Simon Mercieca

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Hans-Albrecht Schwarz-Liebermann Von Wahlendorf (1922-2011) , Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

Preface, Seán Patrick Donlan

Journal of Civil Law Studies

No abstract provided.

The Role Of Judges In The Development Of Mixed Legal Systems: The Case Of Malta, Biagio Andò

Journal of Civil Law Studies

Mixed jurisdictions that are a historical by-product of the convergence of common and civil law traditions may give the impression of entities with stable and fixed traits. Upon a closer look however, this impression is found to be inaccurate. An analysis of court judgements is the best way to evaluate how these legal systems develop. This paper focuses on Maltese private law, which is firmly rooted in the French legal tradition. Some issues concerning private law will be discussed solely because they are significant examples of the relevance that judgements have for the development of the system, notwithstanding the fact …

From Capitulations To Unequal Treaties: The Matter Of An Extraterritorial Jurisdiction In The Ottoman Empire, Eliana Augusti

Journal of Civil Law Studies

In the nineteenth century, justice in the Ottoman Empire appeared to international jurists deeply corrupted and far from the Western model. European consular jurisdictions, as in the past, solved this embarrassment in the prevalent and private interest of Western States in order to control the Mediterranean area. This perpetrated abjuration to recognize an autonomous and sovereign Ottoman administration of justice in civil or criminal cases in which foreigners were involved continued, in spite of the fact that the Porte provided excellent examples of intersection, reception and appropriation of foreign models to construct a new legal system, and to transform society. …

Rethinking Maltese Legal Hybridity: A Chimeric Illusion Or A Healthy Grafted European Law Mixture?, Kevin Aquilina

Journal of Civil Law Studies

Although Maltese Law is traditionally classified as a mixed system of Civil Law and Common Law, this paper suggests that it is more appropriate to do away with this designation, which is not entirely exact, and instead call it what it really is, namely, a ‘European’ legal system.

The paper proposes a typology of the Maltese legal system divided into nine distinct phases which contain traces of Civil Law, Common Law, Customary Law, Canon Law, Maltese Autochthonous Law, European Union Law, Regional Law (Mediterranean Law and, in its widest sense, European Law), Public International Law and elements of foreign national …

Judicial Training In Turkey In Light Of Constitutional Traditions And Europeanization, Simone Benvenuti

Journal of Civil Law Studies

In recent years, the strengthening in Turkish constitutional culture of the rule of law and pluralism appeared as a further breach of the Kemalist ideology of “sacralization” of the State. Nevertheless, the principle of statehood, characterizing the Republic of Turkey since its creation in 1923 and now affirmed in art. 1 of the Constitution still influences Turkish institutions. With regard to judicial system, while Euro-driven reforms and the application of the conditionality principle led to its modernization, the Constitution sketches an organization based on both institutional dependence and corporatism. These features are reflected also in judicial education, notwithstanding the establishment …

Quantifying Damages For Lucrum Cessans In Tort: A Fusion Of Sources Creating A Unique Legal Structure For Malta, Fiona Cilia

Journal of Civil Law Studies

No abstract provided.

Plurality Of Laws, Legal Traditions And Codification In Spain, Aniceto Masferrer

Journal of Civil Law Studies

No abstract provided.

Article 1045 Of The Maltese Civil Code: Is Compensation For Moral Damage Compatible Therewith?, Claude Micallef-Grimaud

Journal of Civil Law Studies

The paper focuses on Article 1045 of the Maltese Civil Code regulating liquidation of compensation (damages) under Maltese tort law and examines whether or not compensation for moral damage is compatible therewith. French law and Austrian law (being the main sources of Article 1045) are analysed and contrasted with the peculiarities of Maltese tort law whilst the motivations of the original legislator (Sir Adriano Dingli) are also critically discussed. The paper subsequently examines the dichotomy between responsibility in tort and damages under Maltese tort law and concludes by analysing some selected case law.

Mare Nostrum As The Cauldron Of Western Legal Traditions: Stirring The Broth, Making Sense Of Legal Gumbo Whilst Understanding Contamination, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

Maltese Court Delays And The Ethnography Of Legal Practice, David E. Zammit

Journal of Civil Law Studies

This article starts by critiquing two recent attempts to sociologically account for court delays in Mediterranean societies. The first account was produced by the sociologist David Nelken and uses the concept of legal culture to explore the causes of court delays in Italian criminal trials, while the second account was produced by the anthropologist Michael Herzfeld, who sees court delays in Crete as metonymically encapsulating a broader cultural context. It is argued that both accounts omit an important dimension of the issue, which is how such delays are produced and justified at the level of legal practice itself. By referring …

Dutch Notaries: Do They Have A Future? How The Historical Foundations Of The Civil Law Can Help Survive A Modern Crisis, Kees Cappon

Journal of Civil Law Studies

No abstract provided.

A Jurilinguistic Study Of The Trilingual Civil Code Of Québec, Jimena Andino Dorato

Journal of Civil Law Studies

L’auteure souhaite, par cet article, présenter la jurilinguistique comme une discipline en croissance pouvant apporter une approche originale à la recherche. Afin d’illustrer son propos, elle étudie les différentes étapes du processus de traduction en espagnol du Code Civil du Québec ayant mené à la publication d’un Code trilingue. Son analyse met en relief les difficultés rencontrées en cours de route par les traducteurs et réviseurs et, plus particulièrement, les spécificités de la traduction d’une loi bilingue vers une tierce langue.

The author seeks, with this article, to introduce jurilinguistics as a growing discipline that could contribute a new and …

George Dargo, Jefferson’S Louisiana: Politics And The Clash Of Legal Traditions, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Complete V.4 Number 2

Journal of Civil Law Studies

No abstract provided.

No.20 - December 2011, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

No.19 - June 2011, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Is The Pre-20th Century American Legal System A Common Law System? An Exercise In Legal Taxonomy , Jacques Vanderlinden

Journal of Civil Law Studies

No abstract provided.

Juridical Personality And Intimacy , Michael Mcauley

Journal of Civil Law Studies

No abstract provided.

Transition Without Transformation: Legal Reform In The Democratization And Development Processes, Ermal Frasheri

Journal of Civil Law Studies

Modernization relies on law as the means of transformation. Democratization and development strategies of the last 20 years, such as the Washington consensus and its successor: good governance and institution building, have embraced the instrumentalization of law in order to create democratic societies and market economies. In these great processes of transformation, from regime changes in Eastern Europe to state building across Central Asia, the process of lawmaking rests upon premises that have a tendency to perpetuate transition without transforming the relationship of the individual to power. This alienizing feature of transition is reflected in lawmaking practices. In this paper, …

Interspousal Claims At The Crossroads Of Tort Law And Family Law: The Delicate Balance Between Family And Individual, Biagio Andò

Journal of Civil Law Studies

This paper discusses the solutions adopted by Italian law (on which this study is mainly focused) and U.S. law as to the issue of recoverability of non-monetary damages suffered by one spouse for the intentional tortious conduct of the other. These suits are usually raised within the divorce proceeding and are grounded in the Italian law on the breach of conjugal duties.

In Italian law, notwithstanding the absence of specific provisions ruling this issue, and therefore the application of the general provisions on tort law not being barred, there was in the past a sort of immunity of family from …

Legal Protection Of Minority Shareholders Of Listed Corporations In Brazil: Brief History, Legal Structure And Empirical Evidence , Bruno Meyerhof Salama, Viviane Muller Prado

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

The Slaves And Slavery Of Marie Claire Chabert: Familial Black Slaveholding In Antebellum Louisiana , Mitra Sharafi

Journal of Civil Law Studies

No abstract provided.

N. Whitty & R. Zimmermann, Rights Of Personality In Scots Law , Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

Complete V.4 Number 1

Journal of Civil Law Studies

No abstract provided.