Civil Law Commons^™

Penggunaan Metode Socrates Dalam Mengembangkan Pendidikan Tinggi Hukum Di Indonesia, Syarifah Lisa Andriati, Inneke Kiki Rizki, Ain Najwa Binti Mohd Malian

Jurnal Hukum & Pembangunan

The ability to think critically and have the ability as a problem solver is needed in higher education Law in Indonesia. One of the methods used is the Socratic Method. Critical thinking is one of the aspects that law students must have to improve their ability as problem solvers. This research was conducted to contribute that the application of the Socratic method is effective to be applied in the learning process of higher education in Indonesia, as well as to provide evaluation and knowledge about the challenges and obstacles that will be faced in the process of applying the Socratic …

Tapera: Melindungi Hak Atas Tempat Tinggal Atau Mengancam Kehidupan Yang Layak, Elizabeth Jeneva Samuella, Ida Susanti

Jurnal Hukum & Pembangunan

This study examines the People's Housing Savings (TAPERA) policy in the context of protecting the right to adequate housing and its impact on the decent living conditions of workers. Under TAPERA regulations, all workers are required to set aside a portion of their salary, including those who already own a home. While this policy aims to improve access to adequate housing, it raises questions about its impact on purchasing power and the fulfillment of other basic needs. The study employs an interdisciplinary approach using socio-legal methods to evaluate whether the mandatory TAPERA contributions can be considered a violation of the …

Mogok Kerja Tenaga Medis: Problematika Pada Uu Ketenagakerjaan Dan Pilihan Model Pengaturannya, Rama Agung

Jurnal Hukum & Pembangunan

The issue of healthcare workers' strikes remains complex in terms of regulatory frameworks. On one hand, there is a conflict of interest between public interest in access to healthcare services and, on the other, the Labor Law, which regards the right to strike as a fundamental right of workers, integral to collective bargaining. This paper examines the challenges in regulating healthcare workers' strikes by analyzing Article 139 of the Labor Law and exploring regulatory models that support the provision of high-quality healthcare services. The findings highlight several key points. First, Article 139 of the Labor Law does not yet provide …

Lahirnya Tensi Metafisik Di Urat-Leher Projek-Projek Interpretasi Konstruktif, Herman Bakir, Mukhtasar Syamsuddin

Jurnal Hukum & Pembangunan

This project is a legal hermeneutics. The aim is to elaborate the paradigm of the law as integrity theory, Ronald Dworkin’s work, which has received recognition as one of the most influential philosophical systems in the world of law throughout the last century. The issues discussed are divided into three subjects: (1) the interpretation role in legitimizing “law” as a corpus that has a “soul”; (2) a concept of interpretation from the womb of the law as integrity theory; (3) the dual capacity of “constructive interpretation” in [a] “returning” law to its roots; and [b] housing “morals” within the body …

Diskursus Kriminalisasi Pemidanaan Terhadap Pemberi Gratifikasi, Muhammad Fatahillah Akbar

Jurnal Hukum & Pembangunan

This article aims to examine the legal basis to prosecute gratifiers in Indonesian Corruption Justice System. Samin Tan as the giver of gratification to Eni Maulani Saragih had been acquitted by the Corruption Court of Jakarta Decision Number 37/Pid.Sus-TPK/2021/PN.Jkt.Pst on 30^th August 2021. Then, the Cassation to Supreme Court had also been rejected by Supreme Court Decision Number 2205 K/Pid.sus/2022 on 9^th June, 2022. Hence, Samin Tan stays acquitted. The decision majorly focuses on the “absence” of law which criminalizes gratifiers or gratification givers. Therefore, this article elaborates how similar cases shall be handled in the future. In …

Printing The Civil Code Of 1825: A Bibliographic Essay, Warren Billings

Journal of Civil Law Studies

No abstract provided.

Evolutions In European Family Law: Towards A Common Core?, Frédérique Ferrand

Journal of Civil Law Studies

This paper examines developments in European family law and considers whether a common core is gradually emerging. The first part is devoted to the European Union. Under the Treaties, substantive law on family matters, including the legal status of persons, falls within the competence of Member States. However, EU regulations govern jurisdiction and the recognition of court decisions and authentic instruments in several areas directly relevant for families and children in cross-border situations. Although these regulations do not directly deal with substantive family law, they can provide indirectly for a certain harmonization via uniform jurisdiction and recognition rules as well …

Liability Rules In Medical Artificial Intelligence, Alfio Guido Grasso

Journal of Civil Law Studies

No abstract provided.

The Legal Governance Of Arbitrary Construction In Azerbaijan: Current Issues And Paths To Reform, Natig Khalilov

Journal of Civil Law Studies

Azerbaijan has long faced challenges arising from the spread of arbitrary constructions and unauthorized settlements, with official data showing approximately half a million such structures across the country. These unregulated constructions contribute to social complications and hinder the efficient operation and development of the housing, real estate, and urban planning sectors. Currently, courts are handling numerous cases involving ownership disputes and potential demolitions linked to these constructions. Registering arbitrary constructions is seen as a step towards affirming citizens’ property rights while boosting state revenue.

This article will trace the historical development of the arbitrary construction framework in Azerbaijan, analyze its …

Consideration, Detrimental Reliance, Promissory Estoppel Or The 1984 Commonlaw “Rodents” In The Louisiana Civil Code Of 1825, Alain Levasseur

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Bicentennial Volume (1825-2025), Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

A Bicentennial Approach To An Exegetical School Of Private Law In Louisiana, Agustín Parise

Journal of Civil Law Studies

This paper is an expansion of the 44th Tucker Lecture on Civil Law. It deals with sources of law, codification, and the place of the civil code in the State of Louisiana. It explores to what extent it is possible to speak of the presence of an exegetical school of private law in Louisiana throughout the life of the Louisiana Civil Code. This paper is divided into five parts. First, it deals with foundational aspects of codification and of the Louisiana Civil Code. Second, it offers a conceptualization of exegesis. Third, it presents a periodization to help analyze the degree …

The Dynamics Of The Louisiana Civil Codes, Olivier Moréteau

Journal of Civil Law Studies

This article presents a historical survey of the codification of Louisiana civil law from a dynamic perspective, aiming to identify why a digest was preferred over a code, only to be replaced by a code intended to be a better digest. Although attempts to codify Louisiana civil law reconnected it with French sources and methodology after the Spanish period and the United States' purchase, the local legal community resisted the force of codification. The abrogation of the ancient laws, a multilingual ius commune with which judges and lawyers were familiar, generated anxiety in a conservative and educated community. Additionally, a …

The Sources Of The Definition Of Legislation In The Louisiana Civil Code, Carlos Amunategui

Journal of Civil Law Studies

No abstract provided.

Quel Avenir Pour Les Codes À L’Aune De La Mondialisation?, Vivian Grosswald Curran

Journal of Civil Law Studies

No abstract provided.

Livingston, Ses Codifications Et L’Esclavage, Jean-Louis Halpérin

Journal of Civil Law Studies

No abstract provided.

The Rejection And Reemergence Of The 1825 Louisiana Civil Code In California, Peter Reich

Journal of Civil Law Studies

No abstract provided.

The Bicentennial Of The 1825 Civil Code Of Louisiana, Olivier Moréteau, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

The European Union’S Impact On The Albanian Time-Share Contracts Onimmovable Properties, Denard Veshi

Journal of Civil Law Studies

Tourism is among the most essential factors for the international, European, and national economies. Since 1994, the EU has established clear rules regarding timeshare contracts to promote legal harmonization, consumer protection, and tourism, which impacts the functioning of the internal market. Although Albania is not part of the EU, the Albanian Courts have used acquis communautaire to rule on certain legal decisions. After showing the importance of EU law on Albanian legislation, this paper will study the impact of EU law on timeshare contracts on immovable properties in Albania. In conclusion, the research will underline the need for complete alignment …

Marriage And Compensation: Wederstrandt V. Kol And A Spouse’S Right To A Wrongful Death Action, Van Matherne

Journal of Civil Law Studies

The fascinating 2023 Louisiana Supreme Court case of Wederstrandt v. Kol[1] invokes the minds of legal scholars and displays a cautionary tale for the layperson. For the scholar, this case demonstrates skillful civilian statutory interpretation that highlights the exclusivity protecting the marriage articles in Louisiana’s Civil Code. However, for the layperson, this case uncovers a possible inequity within Louisiana’s wrongful death statutes that serves as a warning to choose your spouse wisely.

[1].    Wederstrandt v. Kol, 366 So. 3d 47 (La. 2023).

Complete V. 17

Journal of Civil Law Studies

No abstract provided.

Zmiany W Przepisach Dyrektywy Mcd – Postulaty De Lege Ferenda W Zakresie Ochrony Konsumenta-Kredytobiorcy Hipotecznego, Piotr Gałązka, Weronika Tołściuk

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The object of this article is to assess the functioning thus far of Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on consumer credit agreements relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (Mortgage Credit Directive, MCD) in the mortgage market in the European Union, in light of calls for consumer protection of mortgage credit services made by representatives of consumer organisations, lenders, supervisors of financial market institutions, and EU institutions. The Directive has generally led to an increase in the level of consumer protection acting …

Trial Practice And Procedure, Joseph M. Colwell, Christopher B. Mcdaniel, John D. Flowers, Madi Mcmichael Moseley

Mercer Law Review

This Article addresses selected opinions and legislation of interest to the Georgia civil trial practitioner issued during the survey period of this publication.

Still A Deal With The Devil? Mary Carter Agreements And The Integrity Of Civil Jury Trials, Lane Hammond

Mercer Law Review

This Comment examines how jurisdictions treat Mary Carter agreements today and why Georgia should prohibit them entirely. It explores a case currently on appeal before the Court of Appeals of Georgia that raises the issue, draws parallels to prohibited trial tactics under the Bruton Doctrine, and explains why limiting instructions fail to cure the prejudice these agreements create. It raises questions about whether Mary Carter agreements even present a justiciable controversy. It also considers the tension between the competing values at stake: promoting settlements and judicial efficiency on one side, versus safeguarding fairness and the integrity of litigation on the …

Czy Możliwe Jest Utrzymanie W Mocy Umowy Kredytu Hipotecznego Odnoszącego Się Do Waluty Obcej Zawierającej Niedozwolone Postanowienia Określające Mechanizm Indeksacji? Kilka Uwag O Braku Możliwości Podziału Abuzywnych Klauzul Indeksacyjnych Na Gruncie Orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej I Sądów Krajowych, Marta Fabiszewska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The purpose of this paper is to analyze the case law of the Court of Justice of the European Union and national courts on the possibility of separating out abusive clauses defining the indexation mechanism, the elimination of an isolated element of such clauses, and, as a result, the possibility of preserving the validity and applicability of the overall mortgage loan agreement referring to a foreign currency. This issue is currently among the most significant jurisprudential problems arising on the ground of court cases on mortgage loan agreements between consumer-borrowers and banks.

The author aims to answer the question of …

A Comparative Analysis Of Domestic Violence Legislation In India And The United States: Understanding Protection Of Women Against Violence Act 2005 And Violence Against Women Act 1994, Deon Rodrigues

2025 Fall Honors Capstones Projects - Archive

Domestic violence continues to affect millions of individuals worldwide, yet legal systems respond to it in very different ways. This research compares how India’s Protection of Women from Domestic Violence Act (2005) and the United States’ Violence Against Women Act (1994; 2021) protect victims and hold offenders accountable. Using a comparative legal analysis, the study examines both laws’ language, enforcement mechanisms, and effectiveness through court cases, government reports, and statistical data. By identifying the strengths of the United States model such as mandatory arrest provisions and victim support systems, the study aims to propose practical reforms for India’s legal framework. …

Prawo Konsumenta Do Obniżki Całkowitego Kosztu Kredytu W Przypadku Wcześniejszej Spłaty Zobowiązania, Michał Maciaczyk

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The subject of this study is an analysis of the right of a consumer to a reduction in the total cost of credit in the event of its early repayment, with a particular focus on Article 49 of the Consumer Credit Act and the CJEU judgment of 11 September 2019 (C-383/18). The article addresses controversies surrounding the recalculation of credit costs, the division of costs into those that are dependent and those independent of the duration of the agreement, and the issue of consumer protection in the context of Directive 2008/48/EC. The conclusions of the article support a pro-consumer interpretation …

Pembuktian Sederhana Dalam Proses Kepailitan Terhadap Perusahaan Pengembang Pasca Surat Edaran Mahkamah Agung Nomor 3 Tahun 2023, Maya Iswandi

Jurnal Hukum & Pembangunan

Abstract

After the issuance of Sema No. 3/2023, there were various pros and cons to its implementation. This is because the sema has limited and in quotes has protected development companies from bankruptcy proceedings. Sema No. 3/2023 provides immunity to development companies from bankruptcy because they are deemed not to meet the simple proof that must be met in the bankruptcy process. This provision seems to deny the judicial system that should determine the evidence in a case. This certainly causes degradation of legal certainty and consumer protection. Therefore, this research will discuss simple proof in development companies after the …

Rekonstruksi Mekanisme Seleksi Hakim Konstitusi Di Indonesia, Indah Sri Pangestu, Dwi Yuliani, Hertaty Dorothy Dewi Siburian

Jurnal Konstitusi & Demokrasi

The mechanism for selection and election of constitutional judges in Indonesia currently still shows a diversity of procedures in each proposing institution, namely the Supreme Court, DPR and President. The process implemented does not fully reflect the principles of transparency, participation, objectivity and accountability as mandated in the Law on the Constitutional Court. Therefore, it is necessary to standardize the procedures for selection and selection of constitutional judges to ensure a more professional system and integrity. One of the solutions offered is the establishment of an independent institution responsible for the selection and recruitment of constitutional judges with a system …