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Articles 1 - 30 of 91
Full-Text Articles in Law
Louisiana Civil Code - Code Civil De Louisiane Book Iii, Titles 15 And 16, Center Of Civil Law Studies
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.
Trahan V. Kingrey, John H. Leech Jr.
Journal of Civil Law Studies
No abstract provided.
A Legal System Based On Translation: The Turkish Experience, Esin Örücü
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
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
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
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
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
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
Martin V. A-1 Home Appliance Center, Bogdan Buta
Journal of Civil Law Studies
No abstract provided.
Bloxom V. City Of Shreveport, Garrett Condon
Bloxom V. City Of Shreveport, Garrett Condon
Journal of Civil Law Studies
No abstract provided.
Reed V. St. Romain, Alexandru-Daniel On
Reed V. St. Romain, Alexandru-Daniel On
Journal of Civil Law Studies
No abstract provided.
Wagoner V. Chevron Ii, Michael Wynne
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
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
Italy: Trust And The Italian Legal System: Why Menu Matters, Laura Franciosi
Journal of Civil Law Studies
No abstract provided.
Execution Of Fiduciary Guarantee Under Law No. 42 Of 1999 On Fiduciary Guarantee (A Socio-Juridical Analysis To Anticipate Its Effectiveness), Arie S. Hutagalung
Execution Of Fiduciary Guarantee Under Law No. 42 Of 1999 On Fiduciary Guarantee (A Socio-Juridical Analysis To Anticipate Its Effectiveness), Arie S. Hutagalung
Indonesia Law Review
Fiduciary Guarantee (Fiduciary Law) which approved by the House of Representatives of the Republic of Indonesia (DPR RI) on September 9, 1999 has accommodate the public needs to help business activities and to provide legal certainty to the interested parties. With the increase in the development activities and the needs for funding, a majority of funds are needed to meet the lending and borrowing activities that require protection for the lender and the borrower through a guarantee institution that can provide legal certainty and protection to the lender or the borrower. Viewed from the current lending practices, there is a …
Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh, R. Michael Feener
Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh, R. Michael Feener
Indonesia Law Review
This study of the contemporary Islamic legal system in Aceh, Indonesia argues for new attention to be paid to the ways in which contemporary Muslim agendas for the implementation of Islamic law can be read as projects for future oriented social transformation—rather than as a series of reactive measures to perceived ‘crises of modernity’ and/or the political machinations of rival elites in contesting control of state power. In doing so it highlights the ways in which the ideals of, and institutional formations developed by, proponents of Islamic law are configured in relation to a broad range of non-Muslim modernist projects, …
State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim
State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim
Seattle University Law Review
Since the Citizens United decision in 2010 reduced Congress’s ability to constitutionally regulate money in elections, proponents of campaign finance reform have looked for alternative ways to achieve the goals of greater transparency and reduce the amount of money spent in federal elections. In the three years since Citizens United, the amount of money spent in federal campaigns has increased exponentially. In fact, the total amount of money spent in federal elections has nearly doubled since 2000. Citizens United represents a serious blow to the traditional methods used to restrict the amount of money in politics: limitations on the amounts …
A Mild Winter: The Status Of Environmental Preliminary Injunctions, Sarah J. Morath
A Mild Winter: The Status Of Environmental Preliminary Injunctions, Sarah J. Morath
Seattle University Law Review
Since the enactment of environmental legislation in the 1970s, the preliminary injunction standard articulated by the Supreme Court for environmental claims has evolved from general principles to enumerated factors. In Winter v. Natural Resource Defense Council, Inc., the Court’s most recent refinement, the Court endorsed but failed to explain the application of a common four-factor test when it held that the alleged injury to marine mammals was outweighed by the public interest of a well-trained and prepared Navy. While a number of commentators have speculated about Winter’s impact on future environmental preliminary injunctions, this article seeks to more precisely determine …
Character, Liberalism, And The Protean Culture Of Evidence Law, Daniel D. Blinka
Character, Liberalism, And The Protean Culture Of Evidence Law, Daniel D. Blinka
Seattle University Law Review
It is time to rethink character evidence. Long notorious as the most frequently litigated evidence issue, character doctrine plagues courts, trial lawyers, and law students with its infamously “grotesque” array of nonsensical rules, whimsical distinctions, and arcane procedures. Character is a calculation of social worth and value; it is the sum total of what others think of us, whether expressed as their own opinion or the collective opinions of many (reputation). Once we grasp that character is a social construct, we are in a better position to address some of the problems that plague evidence law. To provide needed clarity …
Nonsuit In Virginia Civil Trials, Richard G. Moore
Nonsuit In Virginia Civil Trials, Richard G. Moore
University of Richmond Law Review
No abstract provided.
Civil Practice And Procedure, Andrew P. Sherrod, Jaime B. Wisegarver
Civil Practice And Procedure, Andrew P. Sherrod, Jaime B. Wisegarver
University of Richmond Law Review
This article surveys recent significant developments in Virginia civil practice and procedure. The article discusses opinions of theSupreme Court of Virginia from June 2012 through June 2013 addressing civil procedure topics, significant amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period, and legislation enacted by the Virginia General Assembly during its 2013 session that relates to civil practice.
Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions, Jeffrey Omar Usman
Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions, Jeffrey Omar Usman
Nevada Law Journal
No abstract provided.
Horton V. Browne, Brian Flanagan
Peña V. Simeon, William Gaskins
Mccarthy V. Entergy Gulf States, Leigh G. Hill
Mccarthy V. Entergy Gulf States, Leigh G. Hill
Journal of Civil Law Studies
No abstract provided.
Broussard V. Rogers, Aster Lee