Civil Law Commons^™

Enlarged State Power To Declare Nullity: The Hidden State Interest In The Chinese Contract Law, Hao Jiang

Journal of Civil Law Studies

This article is on the hidden state interest that article 52(§1) of the Chinese Contract Law protects and the questionable applicability of freedom of contract to Chinese state-owned enterprises (hereafter “SOEs”). In common law, fraud and duress make a contract voidable. In Western civil law jurisdictions, including Louisiana, fraud and duress make a contract relatively null. Article 52(§1) of the Chinese Contract Law renders a contract induced by fraud and duress absolutely null (null and void if using common law terminology) when state interest is harmed. At the same time, according to article 54 of the Contract Law, fraud and …

Mixed Jurisdiction And The Scottish Legal Tradition: Reconsidering The Concept Of Mixture, Stephen Thomson

Journal of Civil Law Studies

Scotland is typically regarded as a mixed jurisdiction based on an assessment of its combination of civilian and common law traditions. If this narrow definition of “mixture” is opened up, one will find several other traditions which are constituent parts of the Scottish legal tradition. Those range from the seemingly remote Celtic and udal law, through feudal and canon law, to the law of the European Union and the European Convention on Human Rights. An holistic approach to the question of mixture requires that each of these traditions is accounted for, especially because of the difficulties in assessing the legacy …

Civil Status And Civil Registry: Current Trends In Spanish Law, Sofia De Salas Murillo

Journal of Civil Law Studies

Currently, in Spanish Law, civil status is a concept under discussion in regard to its definition, its content, the enumeration of possible civil statuses, and even its very subsistence as a category. The processing given to civil status in the corresponding Laws of the Civil Registry is especially important as precisely this Registry has the main, although not sole, objective to officially verify the “acts” or “facts concerning the civil status of persons,” although other legal facts, which are not classifiable as such, are also recorded. The interdependence of both concepts means that it is advisable to have combined …

Law And The Lodestar: Tunisian Civil Law And The Task Of Ordering Plurality In The Aftermath Of The Jasmine Revolution, Dan E. Stigall

Journal of Civil Law Studies

No abstract provided.

Louisiana Civil Code - Code Civil De Louisiane - Book Iii, Titles 7 And 8, Center Of Civil Law Studies

Journal of Civil Law Studies

No abstract provided.

Argentina - On Codes, Marriage, And Access To Justice: Recent Developments In The Law Of Argentina, Julieta Marotta, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

The Netherlands - New Developments In Dutch Company Law: The “Flexible” Close Corporation, Lars Van Vliet

Journal of Civil Law Studies

No abstract provided.

Switzerland - News From Switzerland (2012-2014): Major Reform Of The Rules On Unfair Competition And Of Domestic And International Family Law, Thomas Kadner Graziano, Michel Reymond

Journal of Civil Law Studies

No abstract provided.

Translators’ Preface To The Laws Of Las Siete Partidas Which Are Still In Force In The State Of Louisiana, Louis Moreau-Lislet, Henry Carleton, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Complete V.7 No.1

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead, & Contents

Journal of Civil Law Studies

No abstract provided.

No.30 - October 2014, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

No.29 - June 2014, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

No.28 - February 2014, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

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”), …

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.

Wagoner V. Chevron Ii, Michael Wynne

Journal of Civil Law Studies

No abstract provided.

Trahan V. Kingrey, John H. Leech Jr.

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead, & Contents

Journal of Civil Law Studies

No abstract provided.

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

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

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 …

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

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

Journal of Civil Law Studies

No abstract provided.

Bloxom V. City Of Shreveport, Garrett Condon

Journal of Civil Law Studies

No abstract provided.

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

Journal of Civil Law Studies

No abstract provided.

Complete V.6 No.2

Journal of Civil Law Studies

No abstract provided.