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Articles 1 - 30 of 113
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.
No.27 - December 2013, Center Of Civil Law Studies
No.27 - December 2013, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
Victims In Life, Victims In Death — Keeping Burial Rights Out Of The Hands Of Slayers, Minia E. Bremenstul
Victims In Life, Victims In Death — Keeping Burial Rights Out Of The Hands Of Slayers, Minia E. Bremenstul
Louisiana Law Review
No abstract provided.
Mineral Lease Division Revisited - An Old Doctrine With New Applications, Randall S. Davidson, Andrew D. Martin
Mineral Lease Division Revisited - An Old Doctrine With New Applications, Randall S. Davidson, Andrew D. Martin
LSU Journal of Energy Law and Resources
No abstract provided.
Shady Grove On The Bayou: Louisiana’S Procedural Limitations On Legacy Oil Suits In A Post-Shady Grove Orthopedic Associates, P.A. V. Allstate Ins. Co. Landscape, Brian Lindsey
LSU Journal of Energy Law and Resources
No abstract provided.
How Long Do We Have? The Applicability Of Thesuspension Doctrine For Louisiana Mineral Leases In Light Of Ferrara V. Questar, Noah B. Baker
How Long Do We Have? The Applicability Of Thesuspension Doctrine For Louisiana Mineral Leases In Light Of Ferrara V. Questar, Noah B. Baker
LSU Journal of Energy Law and Resources
No abstract provided.
Addressing Climate Change: Have The Political Winds Shifted In Favor Of A Carbon Tax?, Jesse Reiblich
Addressing Climate Change: Have The Political Winds Shifted In Favor Of A Carbon Tax?, Jesse Reiblich
LSU Journal of Energy Law and Resources
Policymaking to combat climate change has been almost nonexistent despite the scientific community’s consensus that the time to act is now. Regardless, climate change remains a volatile political issue that divides our nation and its legislators. Advocates of reducing carbon emissions have traditionally endorsed several tools available to policymakers and administrative agencies in order to curb climate change: rulemaking under the Clean Air Act, capand-trade, and carbon taxes. Carbon tax legislation has gained traction after endorsements from both sides of the political aisle, and because it could be used to raise funds to reduce the United States’ deficit. Even policymakers …
Shale Gas: Evolving Global Issues For The Environment, Regulation, And Energy Security, Jeffery R. Ray
Shale Gas: Evolving Global Issues For The Environment, Regulation, And Energy Security, Jeffery R. Ray
LSU Journal of Energy Law and Resources
No abstract provided.
Clearing The Air: The Misguided Ruling Of Eme Homer And The Future Of Interstate Pollution Regulation, Spencer King
Clearing The Air: The Misguided Ruling Of Eme Homer And The Future Of Interstate Pollution Regulation, Spencer King
LSU Journal of Energy Law and Resources
No abstract provided.
Louisiana Lignite Mining In The Wake Of The Haynesville Shale, Bobby S. Gilliam, Jonathan P. Mccartney
Louisiana Lignite Mining In The Wake Of The Haynesville Shale, Bobby S. Gilliam, Jonathan P. Mccartney
LSU Journal of Energy Law and Resources
No abstract provided.
Renewing The Budget: Recommendations For Louisiana’S Renewable Energy Tax Credit, Joe Ellison
Renewing The Budget: Recommendations For Louisiana’S Renewable Energy Tax Credit, Joe Ellison
LSU Journal of Energy Law and Resources
No abstract provided.