Civil Law Commons^™

The European Court Of Justice At Work: Comparative Law On Stage And Behind The Scenes, Michele Graziadei

Journal of Civil Law Studies

The European Court of Justice (ECJ) has often been hailed as an engine of European integration. Entrusted with the task of securing the uniform interpretation of the law of the European Union—among other functions—the ECJ makes use of comparative law for a variety of purposes. The very composition of the Court and its peculiar linguistic regime make the Court a major comparative law laboratory. Under the Treaties, the Court is explicitly authorised to resort to comparative law as a method of judicial interpretation with regard to certain aspects of European law. But comparative law is an essential tool for the …

Medical Civil Liability Without Deterrence: Preliminary Remarks For Future Research, Emiliano Marchisio

Journal of Civil Law Studies

The traditional deterrence-based paradigm of civil liability may be understood as indirect market regulation, as the risk of incurring liability for damages provides an incentive to invest in safety. Such an approach, however, has proven to be inappropriate in medical civil liability. Extensive literature shows that the increase in the asymmetric protection of patients by extending medical civil liability beyond a certain limit does not improve safety; instead, that strategy determines the adoption of “defensive” techniques (the so-called “defensive medicine”). Paradoxically, this approach leads to a reduction in market efficiency and overall patient safety. The traditional paradigm of medical civil …

Colloquium : The Opportunities Of Distance Teaching

Journal of Civil Law Studies

No abstract provided.

Louisiana Civil Code -- Código Civil De Luisiana

Journal of Civil Law Studies

No abstract provided.

Radcliffe V. Burger, Jessica Brewer

Journal of Civil Law Studies

No abstract provided.

Complete V.13 No.1

Journal of Civil Law Studies

No abstract provided.

A Brief Introduction To The Louisiana Civil Code Spanish Translation Project, Mariano Vitetta

Journal of Civil Law Studies

No abstract provided.

No.49 - April 2020, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

A Cacophony Of Speech, Law, And Persona: Battling Against The Vortex Of #Metoo In France And The U.S., Anne Wagner, Sarah Marusek

Journal of Civil Law Studies

The pervasive proliferation of rumors, through #MeToo and #BalanceTonPorc, communicates meaningful and meaningless-making processes on misconducts both in the French and U.S. con-texts. Such rumors have transformed the online practices by culti-vating both verbal and non-verbal hate speech free and/or free speech. This cacophony of speech, law, and persona has led to a debate relayed on social media platforms, exposing people to a dan-ger zone mostly based as shame, hate, fear, or even destruction, as anonymity and due process no longer prevail.

James R. Maxeiner, Failures Of American Methods Of Lawmaking In Historical And Comparative Perspectives, Scott J. Burnham, Markus G. Puder

Journal of Civil Law Studies

No abstract provided.

Tracie F. V. Francisco D., Kourtney Benton

Journal of Civil Law Studies

No abstract provided.

Vekic V. Popich, George Day

Journal of Civil Law Studies

No abstract provided.

Guffey V. Lexington House, Adam Laliberte

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Changes In The Legal System: A Comparative Essay Based On The Hungarian Experience, Attila Harmathy

Journal of Civil Law Studies

This article is an attempt to understand the development of law, more particularly the civil law, in a country under constant changes, addressing history, sociology, economics, political science, lan-guages, literature, arts, and, most importantly, civil law itself. The country’s history starts from the foundation of the Hungar-ian state in the 11th century, in the middle of Europe, trying to be independent between strong Western kingdoms and the Byzantine Empire, and creating legal rules based on Christian values. This aim was pursued under the domination of different empires: Tatar, Turk, Austrian, Russian, and German. Political history helps understand the slow economic …

The Digest Online Project: A Resource To Disseminate The Legal Heritage Of Louisiana, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Ledet V. Fabianmartins Construction Llc, Jeremy Carter

Journal of Civil Law Studies

No abstract provided.

Fashion Plantation Estates Prop. Owners Ass'n V. Sims, Lindsay Rich

Journal of Civil Law Studies

No abstract provided.

Yaëll Emerich, Conceptualising Property Law: Integrating Common Law And Civil Law Traditions, John A. Lovett

Journal of Civil Law Studies

No abstract provided.

Tamar Herzog, A Short History Of European Law: The Last Two And A Half Millennia, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Complete V.12 No.2

Journal of Civil Law Studies

No abstract provided.

Scotland - Brexit, Boris Johnson And The Nobile Officium, Stephen Thomson

Journal of Civil Law Studies

No abstract provided.

Doty V. Goauto Insurance, Stephanie Wartelle

Journal of Civil Law Studies

No abstract provided.

Hazing Laws In Louisiana: Criminal Penalty Masquerading Under The Guise Of Punitive Damages, Brittney Esie

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

From La Beauce To Le Bayou: A Transsystemic Voyage, Rosalie Jukier

Journal of Civil Law Studies

This paper is an adaptation of the Tucker Lecture that I delivered in October of 2017. Its title depicts two iconic places, one in the Canadian province of Quebec, from where I hail, and the other in Louisiana, the locale of my audience. La Beauce, an enchanting part of Quebec, stretches along the Chaudière River and is located about thirty minutes south of Quebec City. Le Bayou refers to the low-lying wetlands found primarily in the southern part of Louisiana, a defining feature of this part of the United States.

In this paper, I attempt to guide an allegorical voyage …

French Jurisdictional Complexity On The Fringe— Acadia 1667-1710, Jacques Vanderlinden

Journal of Civil Law Studies

During the second half of the 17th century of French formally institutionalized colonial power in Acadia, the province was in an interesting state of jurisdictional complexity insofar as French colonists were concerned. While native Amerindians, mostly Malecites and Micmawqs, carried their precolonial political order and jurisdictional organisation without almost any interference of the colonial power, imported normative systems derived from feudalism, the Catholic Church, French colonial order, French provincial customs and family organisation were juxtaposed and interacted, each of them were a well-known part of the Western legal tradition. Yet—and this is the most interesting—the state power, which was prevalent …

The Impact Of European Private Law Upon The Mixed Legal Systems Of Cyprus, Nicholas Mouttotos

Journal of Civil Law Studies

This article attempts to examine the impact of European private law upon the legal system of Cyprus taking into account its mixed elements and whether these elements have contributed towards a smooth reception of EU law. While Nikitas Hatzimihail argued in 2013 that it may still be too early to assess the impact of European Union (EU) law upon the legal system of Cyprus, the financial crisis and its effects render such an assessment possible. Building upon Hatzimihail’s work in his effort at understanding a “unique” legal system by using comparative law theory to understand the doctrinal development and elaboration …

Louisiana Civil Code - Code Civil De Louisiane Book Iii, Titles 23–24 - Livre Iii, Titres 23–24, Center Of Civil Law Studies

Journal of Civil Law Studies

No abstract provided.

Star Financial Services, Inc. V. Cardtronics Usa, Inc., Nancy A. Maurice

Journal of Civil Law Studies

No abstract provided.