Civil Law Commons^™

“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

Journal of Civil Law Studies

No abstract provided.

Secundum Civilis: The Constitution As An Enlightenment Code, Derek Warden

Journal of Civil Law Studies

The American Constitution has been the subject of heated debate since its formation. This article simply introduces a new argument. It suggests that there exists a “form”1 of an Enlightenment era code, which is met by the Constitution, and that the requirements of this form can be derived from inspection of the three great codes of the time: the Prussian, the Austrian, and the French. It further notes that these requirements are (1) Roman law influence; (2) natural law influence; and (3) that they perform the same functions—they abrogate the prior laws on their respective subjects and they are “complete” …

South Africa - Trusts And The Patrimonial Consequences Of Divorce: Recent Developments In South Africa, François Du Toit

Journal of Civil Law Studies

No abstract provided.

Louisiana Property Law—The Civil Code, Cases And Commentary, Yaëll Emerich

Journal of Civil Law Studies

No abstract provided.

Dictionary Of The Civil Code, Jean-Claude Gémar

Journal of Civil Law Studies

No abstract provided.

Mariage Et Union De Personnes De Même Sexe Aux États-Unis : Une Affaire Compliquée Par Le Fédéralisme, Olivier Moréteau

Journal of Civil Law Studies

In the United States of America, because of federalism, the power to legislate on marriage and to decide who can marry and with whom, belongs to the legislature of the individual states. However, state legislative power may be curbed by state constitution (under the control of state courts and possible review by the state supreme court) and the United States Constitution (under the control of federal courts and possible review by the United States Supreme Court). The question whether homosexual couples have access to marriage was bound to become a constitutional issue. More and more states opened marriage to same-sex …

Drawing The Line Of The Scope Of The Duty Of Care In American Negligence And French Fault-Based Tort Liability, Karel Roynette

Journal of Civil Law Studies

No abstract provided.

The Role Of Objective Good Faith In Current Contract Law: For A General Duty Of Inter Partes Cooperation And Solidarity, Lucas Abreu Barroso, Laio Portes Sthel

Journal of Civil Law Studies

Seen from the historical-cultural perspective, theoretical models of modernity, still present in law, are anachronistic before the increasingly complex and dynamic contemporary reality. In this scenario, and with the aim of providing a renewal of Brazilian Civil Law, the 2002 Civil Code was developed with several general clauses. Among them is the general clause of objective good faith and in the midst of its practical uses is its role in establishing the “attached duties”. The doctrine that discusses this topic, however, runs counter to the epistemological assumptions adopted in this study and thereby is insufficient and contradictory in relation to …

Costanza And Brewer V. Caldwell, Tiffany Bush

Journal of Civil Law Studies

No abstract provided.

Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Cover

Journal of Civil Law Studies

No abstract provided.

Golden Jubilee Of The Center Of Civil Law Studies: Celebrating The Development Of Legal Science In Louisiana, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Introduction, The Editors

Journal of Civil Law Studies

No abstract provided.

Les Unions En France : L’Embarras Du Choix ?, Dominique Garreau

Journal of Civil Law Studies

French law regulates two types of unions, marriage and civil union (Civil Solidarity Pact or PACS), and tolerates free union, which is regarded as a de facto situation. Originally, marriage was the only option. Social evolution has led the French legislature to create the PACS (1999), but this did not fully satisfy homosexual couples who, in 2013, obtained full access to marriage. Why then keeping two institutions? While similarities exist as to the formation of both forms of union, marriage remains more formalistic because rooted in tradition. Effects are not similar: while both marriage and civil union oblige to community …

Il Matrimonio Per Tutti ? Le Droit Et La Société Italiens Face Aux Unions Entre Personnes De Même Sexe, Enrica Bracchi, Carolina Simoncini

Journal of Civil Law Studies

Unlike many other European Union countries, in Italy a legislation governing same-sex couples marriages still lacks. This legal vacuum is mainly due to the strong influence of the Catholic Church on Italian politics. A progressive gap between the demand of the civil society asking for equal treatment between heterosexual and homosexual couples, and the backwardness of the internal positions of the Italian Parliament appears. However, several isolated attempts have been and are still being made to fill that gap: various judgments of the Italian Court of Cassation affirmed the equal treatment of all "social formations", some municipalities have set up …

L’Évolution Historique Du Mariage En Espagne : De La Seconde République Au Franquisme, Ana Conde

Journal of Civil Law Studies

Until the late fifteenth century, the Iberian Peninsula was characterized by a diversity of matrimonial regimes. However, the Spanish society underwent profound changes after the Reconquista, particularly due to the introduction of religious unification processes and to the new political configuration of the Iberian Peninsula. The Council of Trent promoted the religious ceremony in order to fight illegal unions, so that between 1564 and 1870, only the canonical marriage was recognized in Spain.

Under the First Republic, the civil marriage was established and became mandatory, so as to become the only recognized form of marriage. Then, in 1875, with the …

Les Unions Entre Gens De Même Sexe Ou De Sexe Différent En Droit Chinois : Perspective Historique, Yuan Fang

Journal of Civil Law Studies

While putting emphasis on the legalization of unions between same-sex individuals, the present paper has to address heterosexual unions as they are the norm in China. The evolution of matrimonial law is explored following a chronological order, without omitting the longstanding existence of cohabitation in Chinese history, the evolution of the social status of women, as well as the legal issues related to the idea of marriage in its current definition. The situation of same-sex couples is then studied, with a focus on its social recognition throughout history, as well as on the present situation, and on the legal expectations …

An Analysis In Empathy: Why Compassion Need Not Be Exiled From The Province Of Judging Same-Gender Marriage Cases, Kacie Gray

Journal of Civil Law Studies

No abstract provided.

Haruff V. King, Leona Scoular

Journal of Civil Law Studies

No abstract provided.

Chile : Recent Evolution Of The Civil Law In Chile: The Rise Of Doctrine, Carlos Felipe Amunátegui Perelló

Journal of Civil Law Studies

No abstract provided.

Poland : Developments In Personal Injury Law In Poland: Shaping The Compensatory Function Of Tort Law, Ewa Bagińska

Journal of Civil Law Studies

No abstract provided.

An Introduction To Comparative Law Theory And Method, Jacques Vanderlinden

Journal of Civil Law Studies

No abstract provided.

The Scope And Structure Of Civil Codes, Jimena Andino Dorato

Journal of Civil Law Studies

No abstract provided.

Complete V.8 No.1

Journal of Civil Law Studies

No abstract provided.

Louisiana Civil Code - Code Civil De Louisiane Book Iii, Title 6, Center Of Civil Law Studies

Journal of Civil Law Studies

No abstract provided.

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.