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Full-Text Articles in Law
Boothe V. Dotd, Jacque P. Biggs
Leger V. Leger, Jessica Brewer
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 …
Radcliffe V. Burger, Jessica Brewer
Radcliffe V. Burger, Jessica Brewer
Journal of Civil Law Studies
No abstract provided.
The Reluctance Of Civil Law Systems In Adopting The Ucc Article 9 “Without Breach Of Peace” Standard—Evidence From National And International Legal Instruments Governing Secured Transactions, Asress Adimi Gikay, Cătălin Gabriel Stănescu
The Reluctance Of Civil Law Systems In Adopting The Ucc Article 9 “Without Breach Of Peace” Standard—Evidence From National And International Legal Instruments Governing Secured Transactions, Asress Adimi Gikay, Cătălin Gabriel Stănescu
Journal of Civil Law Studies
One of the defining features of the Uniform Commercial Code Article 9 is the secured creditor’s ability to take possession of the collateral upon the debtor’s default “without breach of peace.” This standard is meant to protect the debtor from abusive secured creditors, the meaning of which has been shaped by courts on a case-by-case basis.
In reforming their secured transactions laws to enhance access to credit, continental legal systems have shown great reception to Article 9 by adopting the unitary concept and functional approach to security interests, introducing private enforcement mechanisms, including various forms of self-help repossession. However, the …
Vendor’S Privilege: Adheret Visceribus Rei, L. David Cromwell
Vendor’S Privilege: Adheret Visceribus Rei, L. David Cromwell
Louisiana Law Review
The article offers information on the vendor's privilege on the mortgage debt as stated by the Louisiana Supreme Court. Topics discussed include failure of timely transcription of the mortgage do not affect the vendor's privilege, effectiveness for failure of timely reinscription, and formulation of vendor's privilege law traces back to Code Napoléon.