The Influence Of The French Civil Code On The Common Law And Beyond

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The Influence of the French Civil Code on the Common Law and Beyond

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Author : Duncan Fairgrieve
Publisher : British Institute for International & Comparative Law
ISBN 13 : 9781905221011
Total Pages : 0 pages
Book Rating : 4.2/5 (21 download)

Book Synopsis The Influence of the French Civil Code on the Common Law and Beyond by : Duncan Fairgrieve

Download or read book The Influence of the French Civil Code on the Common Law and Beyond written by Duncan Fairgrieve and published by British Institute for International & Comparative Law. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the occasion of the recent bicentenary of the French Civil Code in 2004, this book reassesses the influence of this essential element of European private law. Contributions by distinguished jurists from the judiciary and academia examine the current role of the Civil Code within the French system, as well as its impact beyond the borders of France in other countries of Europe and beyond. Particular examination is made of the influence of the Napoleonic Code within Common Law countries. Authoritative contributions in both English and French offer theoretical and practical perspectives from both common law and civil law jurisdictions.

The French Civil Code

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Author : Jean-Louis Halpérin
Publisher : Routledge Cavendish
ISBN 13 : 9781844721313
Total Pages : 0 pages
Book Rating : 4.7/5 (213 download)

Book Synopsis The French Civil Code by : Jean-Louis Halpérin

Download or read book The French Civil Code written by Jean-Louis Halpérin and published by Routledge Cavendish. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the 16th to the 18th centuries French private law was very different in the various parts of the country. In northern and central France there were as many as 65 general customs in force, as well as over 300 local customs, often differing from them in detail. As the feeling of nationhood grew, so did the idea of replacing the existing variety of laws by a single private law, possibly a code, common to all of France. "A single body of law, called the Code Civil is to be created." So proclaimed the law of 21 March 1804 (30 Ventse year XII). It was to be created by the amalgamation of 36 texts recently adopted. This was the culmination of an enterprise started many years previously. The idea of unifying French private law, conceived under Louis XI, had been frequently repeated since then, but under the ancien regime lawyers never got beyond sketching and planning. Proper drafts of a civil code were put to assembly after assembly under the Revolution, but in ten years none was ever adopted. This book charts the formation of the French Civil Code, examining both the public and private effects. It analyses the Code using contemporary and modern sources, including a very beautiful and concise extract from H. A. L. Fisher's "History of Europe" which gives an English historian's appraisal of Napoleon's contribution to the Code Civil.

The French Legal System

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Author : René David
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (459 download)

Book Synopsis The French Legal System by : René David

Download or read book The French Legal System written by René David and published by . This book was released on 1958 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Genius of the Common Law

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Author : Frederick Pollock
Publisher :
ISBN 13 :
Total Pages : 166 pages
Book Rating : 4.A/5 ( download)

Book Synopsis The Genius of the Common Law by : Frederick Pollock

Download or read book The Genius of the Common Law written by Frederick Pollock and published by . This book was released on 1912 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Genesis of Nineteenth-Century Civil Codes in the United States

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Author : Julie Rocheton
Publisher : BRILL
ISBN 13 : 9004689974
Total Pages : 290 pages
Book Rating : 4.0/5 (46 download)

Book Synopsis The Genesis of Nineteenth-Century Civil Codes in the United States by : Julie Rocheton

Download or read book The Genesis of Nineteenth-Century Civil Codes in the United States written by Julie Rocheton and published by BRILL. This book was released on 2024-03-04 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting in Louisiana in the early nineteenth century, this book takes the reader on a journey through the USA and the development of their civil codes. From Georgia and New York, civil codes traveled to California and Dakota Territory; in the Great Plains, they made their way to Montana, North Dakota, and South Dakota by the end of the century. Unveiling the history of nineteenth-century civil codes in the USA, this book examines their origin stories, circulation, and usage by focusing on the social-historical context of their drafting and legal concepts. “Rocheton's work, published four decades after Cook's book on ‘The American Codification Movement,’ contains an exhaustive and insightful analysis of nineteenth-century civil codes. It thoroughly discusses their context, how they were conceived, discussed, drafted and approved, their main foreign influences and content, and their practical operation." - Aniceto Masferrer, University of Valencia “While there is a vast corpus of literature on codification and, more specifically, civil codes in the civil law tradition, it is much less known that six US states codified their private laws during the 19th century. This book tells the fascinating story. Spoiler alert: it’s a family affair.” - Stefan Vogenauer, Max Planck Institute for Legal History and Legal Theory

A Concise History of the Common Law

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Author : Theodore Frank Thomas Plucknett
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584771372
Total Pages : 828 pages
Book Rating : 4.5/5 (847 download)

Book Synopsis A Concise History of the Common Law by : Theodore Frank Thomas Plucknett

Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

A Short Introduction to the Common Law

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Author : Geoffrey Samuel
Publisher : Edward Elgar Publishing
ISBN 13 : 1782546383
Total Pages : 205 pages
Book Rating : 4.7/5 (825 download)

Book Synopsis A Short Introduction to the Common Law by : Geoffrey Samuel

Download or read book A Short Introduction to the Common Law written by Geoffrey Samuel and published by Edward Elgar Publishing. This book was released on 2013-10-31 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: It adopts an approach which explains the historical development of the common law institutions and procedures whilst also setting them in perspective through a comparative outlook. Aspects of the common law are contrasted on occasions with structural o

The Interpretation of International Law by Domestic Courts

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Author : Helmut Philipp Aust
Publisher : Oxford University Press
ISBN 13 : 0191059420
Total Pages : 384 pages
Book Rating : 4.1/5 (91 download)

Book Synopsis The Interpretation of International Law by Domestic Courts by : Helmut Philipp Aust

Download or read book The Interpretation of International Law by Domestic Courts written by Helmut Philipp Aust and published by Oxford University Press. This book was released on 2016-01-21 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vienna Convention on the Law of Treaties. Given the expectation that rules of international law are to have a uniform interpretation and application throughout the world, the practice of domestic courts is considerably more diverse. The contributions to this book analyse three key questions: first, whether international law requires a coherent interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a common interpretive approach is desirable from a normative perspective. The book identfies a considerable tension between international law's ambition for universal and uniform application and a plurality of different approaches. This tension between unity and diversity is analysed by a group of leading international lawyers from a wide range of geographical, disciplinary and methodological approaches. Drawing on domestic practice of number of jurisdictions including, among others, Colombia, France, Japan, India, Israel, Mexico, South Africa, the United Kingdom and the United States, the book puts the interpretative practice of domestic courts in a wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.

Interdisciplinary Comparative Law

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Author : Husa, Jaakko
Publisher : Edward Elgar Publishing
ISBN 13 : 1802209786
Total Pages : 256 pages
Book Rating : 4.8/5 (22 download)

Book Synopsis Interdisciplinary Comparative Law by : Husa, Jaakko

Download or read book Interdisciplinary Comparative Law written by Husa, Jaakko and published by Edward Elgar Publishing. This book was released on 2022-05-17 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This insightful and timely book introduces an explanatory theory for surveying global and international politics. Describing the nature and effects of democracy beyond the state, Hans Agné explores peace and conflict, migration politics, resource distribution, regime effectiveness, foreign policy and posthuman politics through the lens of democratism to both supplement and challenge established research paradigms.

The Cambridge Companion to Comparative Constitutional Law

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Author : Roger Masterman
Publisher : Cambridge University Press
ISBN 13 : 1107167817
Total Pages : 653 pages
Book Rating : 4.1/5 (71 download)

Book Synopsis The Cambridge Companion to Comparative Constitutional Law by : Roger Masterman

Download or read book The Cambridge Companion to Comparative Constitutional Law written by Roger Masterman and published by Cambridge University Press. This book was released on 2019-10-03 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.

Contract Interpretation in Investment Treaty Arbitration

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Author : Yuliya Chernykh
Publisher : BRILL
ISBN 13 : 9004414703
Total Pages : 629 pages
Book Rating : 4.0/5 (44 download)

Book Synopsis Contract Interpretation in Investment Treaty Arbitration by : Yuliya Chernykh

Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by BRILL. This book was released on 2022-01-17 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.

Methods of Comparative Law

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Author : P. G. Monateri
Publisher : Edward Elgar Publishing
ISBN 13 : 1781005117
Total Pages : 339 pages
Book Rating : 4.7/5 (81 download)

Book Synopsis Methods of Comparative Law by : P. G. Monateri

Download or read book Methods of Comparative Law written by P. G. Monateri and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.

A Study of Mixed Legal Systems: Endangered, Entrenched or Blended

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Author : Sue Farran
Publisher : Routledge
ISBN 13 : 1317186486
Total Pages : 294 pages
Book Rating : 4.3/5 (171 download)

Book Synopsis A Study of Mixed Legal Systems: Endangered, Entrenched or Blended by : Sue Farran

Download or read book A Study of Mixed Legal Systems: Endangered, Entrenched or Blended written by Sue Farran and published by Routledge. This book was released on 2016-03-16 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Study of Mixed Legal Systems: Endangered, Entrenched, or Blended takes the reader on a fascinating voyage of discovery. It includes case studies of a number of systems from across the globe: Cyprus, Guyana, Jersey, Mauritius, Philippines, Quebec, St Lucia, Scotland, and Seychelles. Each combines its legal legacies in novel ways. Large and small, in Europe and beyond, some are sovereign, some part of larger political units. Some are monolingual, some bilingual, some multilingual. Along with an analytical introduction and conclusion, the chapters explore the manner in which the elements of these mixed systems may be seen to be ’entrenched’, ’endangered’, or ’blended’. It explores how this process of legal change happens, questions whether some systems are at greater risk than others, and details the strategies that have been adopted to accelerate or counteract change. The studies involve consideration of the colourful histories of the jurisdictions, of their complex relationships to parent legal systems and traditions, and of language, legal education and legal actors. The volume also considers whether the experiences of these systems can tell us something about legal mixtures and movements generally. Indeed, the volume will be helpful both for scholars and students with a special interest in mixed legal systems as well as anyone interested in comparative law and legal history, in the diversity and dynamism of law.

The Cambridge Companion to Legal Positivism

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Author : Torben Spaak
Publisher : Cambridge University Press
ISBN 13 : 1108427677
Total Pages : 807 pages
Book Rating : 4.1/5 (84 download)

Book Synopsis The Cambridge Companion to Legal Positivism by : Torben Spaak

Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.

The Common Legal Past of Europe, 1000–1800

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Author : Manlio Bellomo
Publisher : CUA Press
ISBN 13 : 0813208149
Total Pages : 275 pages
Book Rating : 4.8/5 (132 download)

Book Synopsis The Common Legal Past of Europe, 1000–1800 by : Manlio Bellomo

Download or read book The Common Legal Past of Europe, 1000–1800 written by Manlio Bellomo and published by CUA Press. This book was released on 1995 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: A broad history of the western European legal tradition. Bellomo discusses the great jurists who gave common law its intellectual vigor as well as the humanist jurists of the period.

The Expansion of the Common Law

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Author : Frederick Pollock
Publisher : Fred B. Rothman
ISBN 13 :
Total Pages : 186 pages
Book Rating : 4.E/5 ( download)

Book Synopsis The Expansion of the Common Law by : Frederick Pollock

Download or read book The Expansion of the Common Law written by Frederick Pollock and published by Fred B. Rothman. This book was released on 1904 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Prescription Periods

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Author : South African Law Reform Commission
Publisher :
ISBN 13 :
Total Pages : 38 pages
Book Rating : 4.F/5 ( download)

Book Synopsis Prescription Periods by : South African Law Reform Commission

Download or read book Prescription Periods written by South African Law Reform Commission and published by . This book was released on 2003 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: