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Louisiana Civil Code - Code Civil De Louisiane Book Iii, Titles 15 And 16, Center Of Civil Law Studies

Journal of Civil Law Studies

No abstract provided.

Trahan V. Kingrey, John H. Leech Jr.

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead, & Contents

Journal of Civil Law Studies

No abstract provided.

A Legal System Based On Translation: The Turkish Experience, Esin Örücü

Journal of Civil Law Studies

No abstract provided.

François Gény In Louisiana, François-Xavier Licari

Journal of Civil Law Studies

No abstract provided.

Criticism Of The Testamentary Undue Influence Doctrine In The United States: Lessons For South Africa?, François Du Toit

Journal of Civil Law Studies

This article analyzes undue influence in the South African law of wills in light of scholarly criticism of the testamentary undue influence doctrine in the United States. The article assesses in particular whether the so-called “undue influence paradox” identified in American scholarship is manifest in the South African law of wills: is testamentary undue influence’s role as guardian of testamentary freedom undermined by the judicial pursuit of family protectionism? The article proceeds, with due recognition of the differences between the American and South African legal traditions, from American scholars’ conceptualization of the paradox and their views on other complexities associated …

Inflation In Enrichment Claims: Reflections On The Brazilian Civil Code, Aimite Jorge

Journal of Civil Law Studies

Inflation can be one of the risks assumed by the parties to a contract. Notwithstanding, contractual terms may provide for monetary corrections to offset that risk in cases of foreseeable inflation. The same may not hold true, however, for claims based on unjustified enrichment. They may find themselves in the position of innocents because the events that brought about the decline of purchasing power of the currency were unconnected to them. This paper analyses the approach recently favoured in the new Brazilian Civil Code on inflation in enrichment claims. Its focus is on article 884 (headed “enriquecimento sem justa causa”), …

Neoconstitutionalism, Rights, And Natural Law, Juan Cianciardo

Journal of Civil Law Studies

Rights are, without a doubt, the most outstanding feature of contemporary legal systems. It can be argued that since the middle of the past century we are immersed in a culture of rights. Neo-constitutionalism is one among other such concepts that has been used to designate and study this phenomenon. The hypothesis we will attempt to address in this paper is that some of the central characters of our culture of rights, here termed as “neo-constitutionalism,” cannot be explained consistently without an explicit reference to natural law.

We will specifically examine the connection between the assertion that there exist natural …

Origins Of The Division Of Servitudes Into Natural, Legal And Contractual, Carlos Felipe Amunátegui Perelló

Journal of Civil Law Studies

No abstract provided.

European Union Law And Gay Rights: Assessing The Equal Treatment In Employment And Occupation Directive And Case Law On Employment Benefits For Registered Same-Sex Partnerships, Jeneba Barrie

Journal of Civil Law Studies

No abstract provided.

Martin V. A-1 Home Appliance Center, Bogdan Buta

Journal of Civil Law Studies

No abstract provided.

Bloxom V. City Of Shreveport, Garrett Condon

Journal of Civil Law Studies

No abstract provided.

Reed V. St. Romain, Alexandru-Daniel On

Journal of Civil Law Studies

No abstract provided.

Wagoner V. Chevron Ii, Michael Wynne

Journal of Civil Law Studies

No abstract provided.

France: French Tort Law In The Light Of European Harmonization, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

Italy: Trust And The Italian Legal System: Why Menu Matters, Laura Franciosi

Journal of Civil Law Studies

No abstract provided.

Complete V.6 No.2

Journal of Civil Law Studies

No abstract provided.

No.27 - December 2013, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

No.26 - September 2013, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Horton V. Browne, Brian Flanagan

Journal of Civil Law Studies

No abstract provided.

Peña V. Simeon, William Gaskins

Journal of Civil Law Studies

No abstract provided.

Mccarthy V. Entergy Gulf States, Leigh G. Hill

Journal of Civil Law Studies

No abstract provided.

Broussard V. Rogers, Aster Lee

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Scalia & Garner’S Reading Law: A Civil Law For The Age Of Statutes?, James R. Maxeiner

Journal of Civil Law Studies

In Reading Law: The Interpretation of Legal Texts, U.S. Supreme Court Justice Antonin Scalia and American legal lexicographer Bryan A. Garner challenge Americans to start over in dealing with statutes in the Age of Statutes. They propose “textualism,” i.e., “that the words of a governing text are of paramount concern, and what they convey in their context is what the text means.” Textualism is meant to remedy the American lack of “a generally agreed-on approach to the interpretation of legal texts.” That deficiency makes American law unpredictable, unequal, undemocratic and political. In the book’s Foreword, Chief Judge Frank Easterbrook …

Cyprus As A Mixed Legal System, Nikitas E. Hatzimihail

Journal of Civil Law Studies

Cyprus presents us with its own kind of a mixed legal system: its private law is mostly common law, long codified in statutes. Its public law derives from the continental tradition. Procedural law is purely common law—a major factor in the mutation of the “continental” elements of the legal system. The state of play is affected by the split in the legal profession between continental- and English-educated lawyers (a split acquiring generational and subject-matter dimensions). The bulk of legislation and legal institutions have a distinctively colonial and/or post-colonial flavor. However, the country and the legal elites identify with, and are …

Semantics And Legal Interpretation: A Comparative Study Of The Value Of Embryonic Life Under Argentine And U.S. Constitutional Law, María Del Pilar Zambrano, Estela B. Sacristán

Journal of Civil Law Studies

No abstract provided.

Transfer Of Immovable And Systems Of Publicity In The Western World: An Economical Approach, Luz M. Martínez Velencoso

Journal of Civil Law Studies

This paper aims to analyse the norms pertaining to the transfer and publicity of property rights from an economic perspective. It is a characteristic of this analysis that it puts the rules that regulate these rights in relation with their associated negotiation costs. This offers a new approach to the examination of the definition, content, and transfer of these rights. Legal norms that minimize the problem of conflicts of ownership increase the value of property in the hands of its owners. One of the instruments oriented to reduce uncertainties of this type is the Land Register, which promotes the exchange …

Anything But Common: The Role Of Louisiana’S Civilian Tradition In The Development Of Federal Civil Rights Jurisprudence Under The Fourteenth Amendment, Jared Bianchi

Journal of Civil Law Studies

No abstract provided.

Filling The Gaps: The Value Of The Common Law Approach To Gross Negligence And Punitive Damages, Justin Ward

Journal of Civil Law Studies

No abstract provided.