Civil Law Commons^™

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.

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.

Reed V. St. Romain, Alexandru-Daniel On

Journal of Civil Law Studies

No abstract provided.

Filling The Gaps: The Value Of The Common Law Approach To Gross Negligence And Punitive Damages, Justin Ward

Journal of Civil Law Studies

No abstract provided.

Cyprus As A Mixed Legal System, Nikitas E. Hatzimihail

Journal of Civil Law Studies

Cyprus presents us with its own kind of a mixed legal system: its private law is mostly common law, long codified in statutes. Its public law derives from the continental tradition. Procedural law is purely common law—a major factor in the mutation of the “continental” elements of the legal system. The state of play is affected by the split in the legal profession between continental- and English-educated lawyers (a split acquiring generational and subject-matter dimensions). The bulk of legislation and legal institutions have a distinctively colonial and/or post-colonial flavor. However, the country and the legal elites identify with, and are …

Delaney V. Mccoy, Claire Murray

Journal of Civil Law Studies

No abstract provided.

Complete V.6 No.1

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Scalia & Garner’S Reading Law: A Civil Law For The Age Of Statutes?, James R. Maxeiner

Journal of Civil Law Studies

In Reading Law: The Interpretation of Legal Texts, U.S. Supreme Court Justice Antonin Scalia and American legal lexicographer Bryan A. Garner challenge Americans to start over in dealing with statutes in the Age of Statutes. They propose “textualism,” i.e., “that the words of a governing text are of paramount concern, and what they convey in their context is what the text means.” Textualism is meant to remedy the American lack of “a generally agreed-on approach to the interpretation of legal texts.” That deficiency makes American law unpredictable, unequal, undemocratic and political. In the book’s Foreword, Chief Judge Frank Easterbrook …