Civil Law Commons^™

The Role Of Judges In The Development Of Mixed Legal Systems: The Case Of Malta, Biagio Andò

Journal of Civil Law Studies

Mixed jurisdictions that are a historical by-product of the convergence of common and civil law traditions may give the impression of entities with stable and fixed traits. Upon a closer look however, this impression is found to be inaccurate. An analysis of court judgements is the best way to evaluate how these legal systems develop. This paper focuses on Maltese private law, which is firmly rooted in the French legal tradition. Some issues concerning private law will be discussed solely because they are significant examples of the relevance that judgements have for the development of the system, notwithstanding the fact …

Rethinking Maltese Legal Hybridity: A Chimeric Illusion Or A Healthy Grafted European Law Mixture?, Kevin Aquilina

Journal of Civil Law Studies

Although Maltese Law is traditionally classified as a mixed system of Civil Law and Common Law, this paper suggests that it is more appropriate to do away with this designation, which is not entirely exact, and instead call it what it really is, namely, a ‘European’ legal system.

The paper proposes a typology of the Maltese legal system divided into nine distinct phases which contain traces of Civil Law, Common Law, Customary Law, Canon Law, Maltese Autochthonous Law, European Union Law, Regional Law (Mediterranean Law and, in its widest sense, European Law), Public International Law and elements of foreign national …

From Capitulations To Unequal Treaties: The Matter Of An Extraterritorial Jurisdiction In The Ottoman Empire, Eliana Augusti

Journal of Civil Law Studies

In the nineteenth century, justice in the Ottoman Empire appeared to international jurists deeply corrupted and far from the Western model. European consular jurisdictions, as in the past, solved this embarrassment in the prevalent and private interest of Western States in order to control the Mediterranean area. This perpetrated abjuration to recognize an autonomous and sovereign Ottoman administration of justice in civil or criminal cases in which foreigners were involved continued, in spite of the fact that the Porte provided excellent examples of intersection, reception and appropriation of foreign models to construct a new legal system, and to transform society. …

The Mediterranean Hybridity Project: Crossing The Boundaries Of Law And Culture, Seán Patrick Donlan

Journal of Civil Law Studies

No abstract provided.

The Mediterranean Legacy In The Concept Of Sovereignty: A Case Of Legal And Philosophical Hybridity, Alessio Lo Giudice

Journal of Civil Law Studies

The ideas of centralized political power and monarchy that emerged from the Mediterranean world are among the most important philosophical bases for the concept of sovereignty. My thesis is that the normative idea of an absolute, independent, and exclusive center of power originates in a complex case of philosophical hybridity. It is the outcome of the alternation between the conception of the Sovereign as representing the supreme power (the indirect theory) and the conception of the Sovereign as directly containing that power (the direct theory). The former conception is usually associated with the history of Western political culture and the …

How Was Judicial Power Balanced In Malta In Early Modern Times? A Cursory Look At The Maltese Legal System Through A Historical Perspective, Simon Mercieca

Journal of Civil Law Studies

No abstract provided.

Article 1045 Of The Maltese Civil Code: Is Compensation For Moral Damage Compatible Therewith?, Claude Micallef-Grimaud

Journal of Civil Law Studies

The paper focuses on Article 1045 of the Maltese Civil Code regulating liquidation of compensation (damages) under Maltese tort law and examines whether or not compensation for moral damage is compatible therewith. French law and Austrian law (being the main sources of Article 1045) are analysed and contrasted with the peculiarities of Maltese tort law whilst the motivations of the original legislator (Sir Adriano Dingli) are also critically discussed. The paper subsequently examines the dichotomy between responsibility in tort and damages under Maltese tort law and concludes by analysing some selected case law.

Mare Nostrum As The Cauldron Of Western Legal Traditions: Stirring The Broth, Making Sense Of Legal Gumbo Whilst Understanding Contamination, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

A Jurilinguistic Study Of The Trilingual Civil Code Of Québec, Jimena Andino Dorato

Journal of Civil Law Studies

L’auteure souhaite, par cet article, présenter la jurilinguistique comme une discipline en croissance pouvant apporter une approche originale à la recherche. Afin d’illustrer son propos, elle étudie les différentes étapes du processus de traduction en espagnol du Code Civil du Québec ayant mené à la publication d’un Code trilingue. Son analyse met en relief les difficultés rencontrées en cours de route par les traducteurs et réviseurs et, plus particulièrement, les spécificités de la traduction d’une loi bilingue vers une tierce langue.

The author seeks, with this article, to introduce jurilinguistics as a growing discipline that could contribute a new and …

George Dargo, Jefferson’S Louisiana: Politics And The Clash Of Legal Traditions, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Complete V.4 Number 2

Journal of Civil Law Studies

No abstract provided.

No.20 - December 2011, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

To Dollars From Sense: Qualitative To Quantitative Translation In Jury Damage Awards, Valerie P. Hans, Valerie F. Reyna

Cornell Law Faculty Publications

This article offers a new multistage account of jury damage award decision making. Drawing on psychological and economic research on judgment, decision making, and numeracy, the model posits that jurors first make a categorical gist judgment that money damages are warranted, and then make an ordinal gist judgment ranking the damages deserved as low, medium, or high. They then construct numbers that fit the gist of the appropriate magnitude. The article employs data from jury decision-making research to explore the plausibility of the model.

Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod

University of Richmond Law Review

This article surveys recent significant developments in Virginia civil practice and procedure. Specifically, the article discusses opinions of the Supreme Court of Virginia from June 2010through June 2011 addressing civil procedure topics; significant amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period; and legislation enacted by the Virginia General Assembly during its 2011 session that relates to civil practice.

The Taxonomy Of Civil Recourse, Andrew S. Gold

Faculty Scholarship

No abstract provided.

Splitting The Baby: Standardizing Issue Class Certification, Jenna G. Farleigh

Vanderbilt Law Review

The Bible depicts King Solomon resolving a dispute between two women who claimed to be the mother of the same child. In the pursuit of justice, King Solomon threatened to do the unthinkable- slice the child in two. Although severing children is not a recommended vehicle for justice, severing lawsuits is. In fact, in the class-action context, the "issue class" established by Federal Rule of Civil Procedure 23(c)(4) does just what King Solomon threatened-it severs litigation into pieces, allowing aggregate treatment of only certain issues in a given lawsuit. Residual issues are left to be determined in plaintiff-specific, follow-on suits. …

The Honor Of Private Law, Nathan B. Oman

Faculty Publications

While combativeness is central to how our culture both experiences and conceptualizes litigation, we generally notice it only as a regrettable cost. This Article offers a less squeamish vision, one that sees in the struggle of people suing one another a morally valuable activity: the vindication of insulted honor. This claim is offered as a normative defense of a civil recourse approach to private law. According to civil recourse theorists, tort and contract law should be seen as empowering plaintiffs to act against defendants, rather than as economically optimal incentives or as a means of enforcing duties of corrective justice. …

Why There Is No Duty To Pay Damages: Powers, Duties, And Private Law, Nathan B. Oman

Faculty Publications

This Article was part of a symposium on the rise of civil recourse theory. It contributes to this debate by defending a simple but counterintuitive claim: There is no duty to pay damages in either tort or contract law. The absence of such a duty provides a reason for believing that civil recourse provides a better account of private law than does corrective justice. Corrective justice is committed to interpreting private law as creating duties for wrongdoers to compensate their victims. In contrast, civil recourse sees the law as empowering plaintiffs against defendants. My argument is that a careful analysis …

Civil Recourse As Social Equality, Jason M. Solomon

Faculty Publications

No abstract provided.

Technology Solves Mtic - Vln, Rtvat, D-Vat Certification, Richard Thompson Ainsworth

Faculty Scholarship

Technology solves missing trader intra-community (MTIC) fraud. This should come as no surprise. MTIC is technology-intensive fraud – its solution should also be technology-intensive.

MTIC is getting to be an out-dated term. Now that missing trader fraud has move into services it is no longer confined to intra-community trade, and the older acronym should be adjusted to MTIC/MTEC fraud (with MTEC standing for missing trader extra-community).

MTIC/MTEC fraud is fully digitized (the supply, the movement of the supply, and the funding). The consequences should be clear. MTIC/MTEC must be prevented (before the fact), not pursued (after the fact). In the …