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Full-Text Articles in Civil Law

China: Fragmented Rights And Tragedy Of Anticommons:Evidence From China’S Coastal Waters, Bing Shui Dec 2016

China: Fragmented Rights And Tragedy Of Anticommons:Evidence From China’S Coastal Waters, Bing Shui

Journal of Civil Law Studies

The ownership of, and rights to, coastal waters are exhibited on a cumulative scale ranging from commons-like to private use. As an example of a natural resource with complex and interlinked ecosystems, coastal waters give rise to many kinds of legal norms and pol-icy instruments. As shown by my investigation of China’s coastal waters, people are willing to pay for legal rights which guarantee exclusive access, regardless of the relatively high cost. The statistical data further reveals that, when coastal waters are divided, there is a negative correlation between fragmentation of the seas and sea-based production. Therefore, based on the …


Complete V.9 No.2 Dec 2016

Complete V.9 No.2

Journal of Civil Law Studies

No abstract provided.


Basic Questions Of Tort Law From A Comparative Perspective, Michael L. Wells Dec 2016

Basic Questions Of Tort Law From A Comparative Perspective, Michael L. Wells

Journal of Civil Law Studies

No abstract provided.


No.38 - December 2016, Center Of Civil Law Studies Dec 2016

No.38 - December 2016, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.


No.37 - November 2016, Center Of Civil Law Studies Nov 2016

No.37 - November 2016, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.


Complete V.9 No.1 Oct 2016

Complete V.9 No.1

Journal of Civil Law Studies

No abstract provided.


Cover, Masthead & Contents Oct 2016

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


The Constitution As Code: Teaching Justinian’S Corpus,Scalia’S Constitution, And François Gény, Louisiana Andbeyond—Par La Constitution, Mais Au-Delà De La Constitution, Paul R. Baier Oct 2016

The Constitution As Code: Teaching Justinian’S Corpus,Scalia’S Constitution, And François Gény, Louisiana Andbeyond—Par La Constitution, Mais Au-Delà De La Constitution, Paul R. Baier

Journal of Civil Law Studies

No abstract provided.


Postscript To The Constitution As Code By Paul R. Baier, Nicholas Kasirer Oct 2016

Postscript To The Constitution As Code By Paul R. Baier, Nicholas Kasirer

Journal of Civil Law Studies

No abstract provided.


The Duty Of Good Faith Taken To A New Level:An Analysis Of Disloyal Behavior, Thiago Luís Sombra Oct 2016

The Duty Of Good Faith Taken To A New Level:An Analysis Of Disloyal Behavior, Thiago Luís Sombra

Journal of Civil Law Studies

By focusing on improving the role of certain mechanisms for controlling private autonomy under a crisis of liberal values, contract law has reached an objective and straight dimension. The prohibition of disloyal or inconsistent behavior, also known as venire contra factum proprium in Roman Law, constitutes one of the concepts that is renowned for protecting the trust relationship. The prohibition of disloyal behavior lies in avoiding contradictory behaviors regarding previous manifestations of will that are based on good faith and that can cause damages. This article aims to challenge the main reason why disloyal behavior should be limited by good …


Traduction Ou Trahison, Vivian Grosswald Curran Oct 2016

Traduction Ou Trahison, Vivian Grosswald Curran

Journal of Civil Law Studies

No abstract provided.


International Trade V. Intellectual Property Lawyers:Globalization And The Brazilian Legal Profession, Vitor Martins Dias Oct 2016

International Trade V. Intellectual Property Lawyers:Globalization And The Brazilian Legal Profession, Vitor Martins Dias

Journal of Civil Law Studies

In the context of globalization, this work analyzes a distinctive characteristic of the Brazilian legal profession. Namely, intellectual property (IP) lawyers, who played important roles in opening the Brazilian economy and who were key players in cross-border transactions, are now losing ground to their peers with respect to expertise in international trade. The thesis of this article is that the manner in which Brazilian lawyers are being educated is problematic. Generally, Brazilian legal education has become degraded and provincial. Yet, Brazilian international trade lawyers, unlike Brazilian IP lawyers, have overcome their deficient legal training by seeking legal education abroad. By …


Langages Du Droit Et Styles En Traduction :Common Law Vs. Droit Civil : An Odd Couple ?, Jean-Claude Gémar Oct 2016

Langages Du Droit Et Styles En Traduction :Common Law Vs. Droit Civil : An Odd Couple ?, Jean-Claude Gémar

Journal of Civil Law Studies

No abstract provided.


A Space In-Between—Legal Translation As A ‘Third Space’, Anne Wagner Oct 2016

A Space In-Between—Legal Translation As A ‘Third Space’, Anne Wagner

Journal of Civil Law Studies

No abstract provided.


Pourquoi Traduire Un Code, Hier Et Aujourd’Hui ?, Sylvie Monjean-Decaudin Oct 2016

Pourquoi Traduire Un Code, Hier Et Aujourd’Hui ?, Sylvie Monjean-Decaudin

Journal of Civil Law Studies

No abstract provided.


The Louisiana Civil Code Translation Project:A Libertarian View On The Possible Destinyof A Trilingual “Footnote”, François-Xavier Licari Oct 2016

The Louisiana Civil Code Translation Project:A Libertarian View On The Possible Destinyof A Trilingual “Footnote”, François-Xavier Licari

Journal of Civil Law Studies

No abstract provided.


The Louisiana Civil Code In French:Translation And Retranslation, Olivier Moréteau Oct 2016

The Louisiana Civil Code In French:Translation And Retranslation, Olivier Moréteau

Journal of Civil Law Studies

The first codes of Louisiana (1808 and 1825) were written in French and translated into English. When the Civil Code was revised in 1870, it was written in English only. Recent revisions, all in English, aim at promoting a civilian vocabulary that differs from that of the common law. This article discusses the translation of the Louisiana Civil Code from English to French in the context of the steep decline and limited revival of the French language usage in Louisiana. It explores the purpose and the implementation process of the translation project, detailing every step, and identifying linguistic and legal …


Revision And Translation: The Louisiana Experience, Alexandru-Daniel On Oct 2016

Revision And Translation: The Louisiana Experience, Alexandru-Daniel On

Journal of Civil Law Studies

No abstract provided.


The Concordancias Of Saint-Joseph: A Nineteenth-Centuryspanish Translation Of The Louisiana Civil Code, Agustín Parise Oct 2016

The Concordancias Of Saint-Joseph: A Nineteenth-Centuryspanish Translation Of The Louisiana Civil Code, Agustín Parise

Journal of Civil Law Studies

No abstract provided.


Québec, Canada - Loyalty In Québec Private Law, Caroline Le Breton-Prévost Oct 2016

Québec, Canada - Loyalty In Québec Private Law, Caroline Le Breton-Prévost

Journal of Civil Law Studies

This paper provides an overview of the duty of loyalty in Québec private law. It dispels uncertainty regarding the duty’s nature and then analyzes the duty of loyalty in the Civil Code of Québec. In doing so, this paper takes into account the mixed origins of the duty by establishing certain parallels with the common law. Ultimately, this paper suggests that the duty of loyalty arises when a legal actor has the power to act within the legal sphere of another


The Struggle For European Private Law:A Critique Of Codification, Agustín Parise Oct 2016

The Struggle For European Private Law:A Critique Of Codification, Agustín Parise

Journal of Civil Law Studies

No abstract provided.


No.36 - May 2016, Center Of Civil Law Studies May 2016

No.36 - May 2016, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.


No.35 - March 2016, Center Of Civil Law Studies Mar 2016

No.35 - March 2016, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.


Complete V.8 No.2 Dec 2015

Complete V.8 No.2

Journal of Civil Law Studies

No abstract provided.


Cover, Masthead & Contents Dec 2015

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


Invitation Au Voyage, Olivier Moréteau Dec 2015

Invitation Au Voyage, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.


One Into Three: Spreading The Word, Three Into One: Creating A Civil Law System, Esin Örücü Dec 2015

One Into Three: Spreading The Word, Three Into One: Creating A Civil Law System, Esin Örücü

Journal of Civil Law Studies

No abstract provided.


Transatlantic Intercultural Legal Communication In The 19th Century: K.J.A. Mittermaier And The Schmidt Brothers, Carl And Gustavus, Kjell A. Modéer Dec 2015

Transatlantic Intercultural Legal Communication In The 19th Century: K.J.A. Mittermaier And The Schmidt Brothers, Carl And Gustavus, Kjell A. Modéer

Journal of Civil Law Studies

No abstract provided.


“Against Interpretation”? On Global (Non-)Law, The Breaking-Up Of Homo Juridicus, And The Disappearance Of The Jurist, Luca Siliquini-Cinelli Dec 2015

“Against Interpretation”? On Global (Non-)Law, The Breaking-Up Of Homo Juridicus, And The Disappearance Of The Jurist, Luca Siliquini-Cinelli

Journal of Civil Law Studies

This paper investigates the nullification of homo juridicus and the vanishing of the jurist in relation to the liberal global-order project and the emergence and spread of soft-networked channels of post-national governance. By inquiring into the shift from the individual’s active will to the sterile behavioural schemes prompted by the universalisation of liberalism and economic analysis of social interactions, it will be argued that the jurist and the (rule of) law are no longer needed in a post-national system of rational and mechanic causations. Through an analysis of Susan Sontag’s and Josef Esser’s accounts for and against the interpretative task, …


Louisiana Civil Code - Code Civil De Louisiane : Book Ii – Livre Ii, Center Of Civil Law Studies Dec 2015

Louisiana Civil Code - Code Civil De Louisiane : Book Ii – Livre Ii, Center Of Civil Law Studies

Journal of Civil Law Studies

No abstract provided.