Civil Law Commons^™

Complete V.4 Number 1

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Transition Without Transformation: Legal Reform In The Democratization And Development Processes, Ermal Frasheri

Journal of Civil Law Studies

Modernization relies on law as the means of transformation. Democratization and development strategies of the last 20 years, such as the Washington consensus and its successor: good governance and institution building, have embraced the instrumentalization of law in order to create democratic societies and market economies. In these great processes of transformation, from regime changes in Eastern Europe to state building across Central Asia, the process of lawmaking rests upon premises that have a tendency to perpetuate transition without transforming the relationship of the individual to power. This alienizing feature of transition is reflected in lawmaking practices. In this paper, …

Interspousal Claims At The Crossroads Of Tort Law And Family Law: The Delicate Balance Between Family And Individual, Biagio Andò

Journal of Civil Law Studies

This paper discusses the solutions adopted by Italian law (on which this study is mainly focused) and U.S. law as to the issue of recoverability of non-monetary damages suffered by one spouse for the intentional tortious conduct of the other. These suits are usually raised within the divorce proceeding and are grounded in the Italian law on the breach of conjugal duties.

In Italian law, notwithstanding the absence of specific provisions ruling this issue, and therefore the application of the general provisions on tort law not being barred, there was in the past a sort of immunity of family from …

Legal Protection Of Minority Shareholders Of Listed Corporations In Brazil: Brief History, Legal Structure And Empirical Evidence , Bruno Meyerhof Salama, Viviane Muller Prado

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Foreword, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

An Introduction To Contamination, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

Don Saúl Litvinoff (1925-2010) , Agustín Parise, Julio Romañach Jr.

Journal of Civil Law Studies

No abstract provided.

Foundations For A Revival Of The Case Method In Civil Law Education, Fernando M. Toller

Journal of Civil Law Studies

The article explores the origins, foundations, and present development of the case method in the Civil Law tradition. It supports the idea that, properly defined, this methodology is very suitable for law, and not only in Common Law jurisdictions, but also the Civil Law and is even more appropriate in Continental law schools. There are indeed some undisputable common roots between Common Law and Civil Law regarding this pedagogical tool.

The misunderstandings and skepticism about the usability of this method in Civil Law education are challenged and answered. The article proves that the case method is a serious and useful …

The Vienna Sales Convention (Cisg) Between Civil And Common Law – Best Of All Worlds?, Ulrich Magnus

Journal of Civil Law Studies

No abstract provided.

Legal Theory And The Variety Of Legal Cultures, Sheldon Leader

Journal of Civil Law Studies

This essay begins with a consideration of two anxieties about courts that are common to the civil and common law traditions: a worry about illegitimate judicial law making, and a worry about judicial bias. It will then move to the contribution legal theories might make in dealing with these shared anxieties, with a focus on a position that draws on the two largest contestants: natural law and legal positivism. It will end with an indication of the further distance that theory needs to take us before these worries about the judiciary can be effectively tackled.

The Reform Of Legal Education In China And Japan: Shifting From The Continental To The American Model, Xiangshun Ding

Journal of Civil Law Studies

No abstract provided.

Press Freedom In Indonesia: A Case Of Draconian Laws, Statutory Misinterpretation, But Still One Of The Freest In Southeast Asia, Nono Anwar Makarim

Journal of Civil Law Studies

No abstract provided.

Common Law, Civil Law, And The Challenge From Federalism, Santiago Legarre

Journal of Civil Law Studies

No abstract provided.

The Principle Of Proportionality: The Challenges Of Human Rights, Juan Cianciardo

Journal of Civil Law Studies

The purpose of the present paper can be synthesized in the following points: a) to expose the concept of the principle of proportionality in its broadest sense and its different components or dimensions; b) to draw the attention to an approach which is usually not studied by authors, that is, the fact that the application of the principle is not enough to guarantee the supremacy of the human rights, at least in some cases; c) lastly, to point out those requirements that could protect proportionality from the risk mentioned in b).

Academic Legal Writings By Saúl Litvinoff

Journal of Civil Law Studies

No abstract provided.

Complete V.3

Journal of Civil Law Studies

No abstract provided.

The Cultural Analysis Of Class Action Law , Catherine Piché

Journal of Civil Law Studies

No abstract provided.

The Bicentennial Of The Louisiana Civil Code (1808-2008), Olivier Moréteau, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Aux Origines De La Culture Juridique Française En Amérique Du Nord, Jacques Vanderlinden

Journal of Civil Law Studies

Some 400 years ago the French discovered what was to become New France or French North America. Their effort of colonization spread on a vast region stretching from present Nova-Scotia in Canada to the Great Lakes region and down the Mississippi to the Gulf of Mexico in Louisiana. Apart from the latter, the two main northern Atlantic colonies were Acadia and Canada (the name for the present Canadian province of Quebec). French presence lasted in Acadia until 1710 and in the last two

(Canada and Louisiana) until the early years of the 1760’s when the former was transferred to Britain …

The Future Of Civil Codes In France And Louisiana, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

Mergers And Acquisitions Comparative Economic Analysis Of Laws: France Vs. Usa , Georges A. Cavalier, Thomas Straub

Journal of Civil Law Studies

No abstract provided.

Gustavus Schmidt, The Civil Law Of Spain And Mexico, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Complete V.2

Journal of Civil Law Studies

No abstract provided.

Caveat Emptor’S Current Role In Louisiana And Islamic Law: Worlds Apart Yet Surprisingly Close, Andrea Borroni, Charles Tabor

Journal of Civil Law Studies

Caveat emptor is one of the most well known maxims of the legal world. Interpreters from different countries have their own understanding of this doctrine. At first glance, Louisiana law and Islamic law have nothing in common. Louisiana, at least superficially, adheres to the great civil law tradition that the legislature is supreme. Its primary sources of law are legislation and custom. Islamic law is divine in origin, a direct manifestation of Allah’s will. Its primary sources of law are the Koran and the wisdom of the Prophet Muhammad. Yet, in practice, these two systems have developed surprisingly similar approaches …

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Avant-Propos , Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

The Distinction Between Persons & Things: An Historical Perspective, J.-R. Trahan

Journal of Civil Law Studies

No abstract provided.