Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Louisiana (4)
- Adoption (2)
- Codification (2)
- Absolute nullity (1)
- Access to justice (1)
-
- Ancien droit (1)
- Argentina (1)
- Art. 1195 (1)
- Artificial intelligence (1)
- Autonomous concepts (1)
- Autonomy of will (1)
- Avowal action (1)
- Belgium (1)
- COVID-19 (1)
- Civil liability (1)
- Civil procedure (1)
- Code of Children and Adolescents (1)
- Comparative law (1)
- Constitutional identity (1)
- Constitutional traditions (1)
- Constitutional-ization of private law (1)
- Contractual justice (1)
- Damages (1)
- Disestablishment of paternity (1)
- Distance learning (1)
- Draft article 5.77 (1)
- E-learning (1)
- Encyclopedias (1)
- Equal protection rights. (1)
- European Conven-tion on Adoption (1)
- Publication Type
Articles 1 - 25 of 25
Full-Text Articles in Law
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.
Boothe V. Dotd, Jacque P. Biggs
The Birth Mother’S Assent To Adoption And The Limitation Of Autonomy Of Women’S Will In Spanish Law: A Proposal De Lege Ferenda, María Victoria Mayor Del Hoyo
The Birth Mother’S Assent To Adoption And The Limitation Of Autonomy Of Women’S Will In Spanish Law: A Proposal De Lege Ferenda, María Victoria Mayor Del Hoyo
Journal of Civil Law Studies
Even though in Spanish law the act establishing the adoption is judicial in nature, declarations of will have special relevance in the process, since they are a necessary precondition for the adoption. This work focuses on the assent of the biological mother, who is affected by and has an interest in the adoption process, even if not a party to it herself. In this work, the foundation, configuration, and characteristics of this assent are studied, as well as the form of her declaration of will, and the ability of the mother to offer it. Special attention is paid to the …
Jan Jakob Bornheim, Property Rights And Bijuralism, James Gordley
Jan Jakob Bornheim, Property Rights And Bijuralism, James Gordley
Journal of Civil Law Studies
No abstract provided.
Introduction To Robert A. Pascal’S Memorandum: The Code As A Textbook And A Rule Book, Olivier Moréteau, Robert A. Pascal
Introduction To Robert A. Pascal’S Memorandum: The Code As A Textbook And A Rule Book, Olivier Moréteau, Robert A. Pascal
Journal of Civil Law Studies
No abstract provided.
Interpreting The Conditions For Imprévision: The Goals Of The Reform Projects As A Decisive Tool For French And Belgian Courts, Luigi Montefusco
Interpreting The Conditions For Imprévision: The Goals Of The Reform Projects As A Decisive Tool For French And Belgian Courts, Luigi Montefusco
Journal of Civil Law Studies
The codification of the doctrine of imprévision in France and its codification attempt in Belgium is a significant turning point given the historical resistance in both countries towards it. Nevertheless, the fact that the French and Belgian civil codes had remained silent on the issue for more than 200 years poses problems of interpretation, in particular, with the regard to requirements to be met in or-der to trigger imprévision as set forth by new Article 1195 of the French Civil Code and Draft Article 5.77 of Belgian legislative pro-posal No. 3709/1 of April 3, 2019. In the absence of a …
Bilingual English-Spanish Louisiana Civil Code, Book I, Titles Iv-X, Mariano Vitetta
Bilingual English-Spanish Louisiana Civil Code, Book I, Titles Iv-X, Mariano Vitetta
Journal of Civil Law Studies
No abstract provided.
Trilingual Louisiana Civil Code, Book Iv: Conflict Of Laws In English, French, And Spanish, Olivier Moréteau, Mariano Vitetta
Trilingual Louisiana Civil Code, Book Iv: Conflict Of Laws In English, French, And Spanish, Olivier Moréteau, Mariano Vitetta
Journal of Civil Law Studies
No abstract provided.
Public And Private Intermingled: Changes In The Family And Property Laws Of Argentina, Julieta Marotta, Agustín Parise
Public And Private Intermingled: Changes In The Family And Property Laws Of Argentina, Julieta Marotta, Agustín Parise
Journal of Civil Law Studies
No abstract provided.
Leger V. Leger, Jessica Brewer
No.50 - October 2020, Center Of Civil Law Studies
No.50 - October 2020, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
The Encyclopedist Code: Ancien Droit Legal Encyclopedias And Their Verbatim Influence On The Louisiana Digest Of 1808, Seth S. Brostoff
The Encyclopedist Code: Ancien Droit Legal Encyclopedias And Their Verbatim Influence On The Louisiana Digest Of 1808, Seth S. Brostoff
Journal of Civil Law Studies
This Article identifies nearly one hundred articles and provisions in Louisiana’s first civil code, the Digest of 1808, which were copied verbatim or almost verbatim (that is, literally or almost literally) from three French legal encyclopedias popular during the Ancien Régime: Lerasle’s Encyclopédie méthodique: Jurisprudence (8 vols., 1782–89), Jean-Baptiste Denisart’s Collection de décisions nouvelles (1st ed., 6 vols., 1754–56), and Joseph-Nicolas Guyot’s Répertoire de jurisprudence (2d ed., 17 vols., 1784–85). As the Appendix indicates, verbatim and almost verbatim extracts from Lerasle, Denisart, and Guyot constitute approximately five per cent of the Digest’s source material. This Article therefore serves as a …
The European Court Of Justice At Work: Comparative Law On Stage And Behind The Scenes, Michele Graziadei
The European Court Of Justice At Work: Comparative Law On Stage And Behind The Scenes, Michele Graziadei
Journal of Civil Law Studies
The European Court of Justice (ECJ) has often been hailed as an engine of European integration. Entrusted with the task of securing the uniform interpretation of the law of the European Union—among other functions—the ECJ makes use of comparative law for a variety of purposes. The very composition of the Court and its peculiar linguistic regime make the Court a major comparative law laboratory. Under the Treaties, the Court is explicitly authorised to resort to comparative law as a method of judicial interpretation with regard to certain aspects of European law. But comparative law is an essential tool for the …
Medical Civil Liability Without Deterrence: Preliminary Remarks For Future Research, Emiliano Marchisio
Medical Civil Liability Without Deterrence: Preliminary Remarks For Future Research, Emiliano Marchisio
Journal of Civil Law Studies
The traditional deterrence-based paradigm of civil liability may be understood as indirect market regulation, as the risk of incurring liability for damages provides an incentive to invest in safety. Such an approach, however, has proven to be inappropriate in medical civil liability. Extensive literature shows that the increase in the asymmetric protection of patients by extending medical civil liability beyond a certain limit does not improve safety; instead, that strategy determines the adoption of “defensive” techniques (the so-called “defensive medicine”). Paradoxically, this approach leads to a reduction in market efficiency and overall patient safety. The traditional paradigm of medical civil …
Colloquium : The Opportunities Of Distance Teaching
Colloquium : The Opportunities Of Distance Teaching
Journal of Civil Law Studies
No abstract provided.
A Brief Introduction To The Louisiana Civil Code Spanish Translation Project, Mariano Vitetta
A Brief Introduction To The Louisiana Civil Code Spanish Translation Project, Mariano Vitetta
Journal of Civil Law Studies
No abstract provided.
Louisiana Civil Code -- Código Civil De Luisiana
Louisiana Civil Code -- Código Civil De Luisiana
Journal of Civil Law Studies
No abstract provided.
Radcliffe V. Burger, Jessica Brewer
Radcliffe V. Burger, Jessica Brewer
Journal of Civil Law Studies
No abstract provided.
Rodrigo Momberg & Stefan Vogenauer (Eds.), The Future Of Contract Law In Latin America: The Principles Of Latin American Contract Law, Alberto L. Zuppi
Rodrigo Momberg & Stefan Vogenauer (Eds.), The Future Of Contract Law In Latin America: The Principles Of Latin American Contract Law, Alberto L. Zuppi
Journal of Civil Law Studies
No abstract provided.
Uruguay : New Developments In The Civil Law Of The Eastern Republic Of Uruguay In 2019 And 2020, Walter Howard
Uruguay : New Developments In The Civil Law Of The Eastern Republic Of Uruguay In 2019 And 2020, Walter Howard
Journal of Civil Law Studies
No abstract provided.
No.49 - April 2020, Center Of Civil Law Studies
No.49 - April 2020, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.