L Impossible Code Civil
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L Impossible Code Civil
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Author : Jean-Louis Halpérin
language : fr
Publisher: Presses Universitaires de France - PUF
Release Date : 1992
L Impossible Code Civil written by Jean-Louis Halpérin and has been published by Presses Universitaires de France - PUF this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Civil law categories.
Aux yeux des révolutionnaires de 1789, la rédaction d'un code civil commun pour toute la France apparaissait nécessaire pou cimenter l'unité de la Nation et régénérer la société. Pourtant les assemblées révolutionnaires échouèrent dans cette entreprise de codification qui fut menée à bien par Bonaparte. Quelle " force des choses " a rendu impossible l'adoption d'un code civil de 1789 à 1799 ? Au-delà du poids des circonstances, cet ouvrage recherche les causes d'un tel échec dans l'histoire contrastée des " hommes de loi " sous la Révolution. Sans doute moins réformateurs qu'on ne l'a dit, ces juristes professionnels ont été nombreux à pâtir de la désintégration de la société judiciaire traditionnelle et à critiquer les " lois de combat " le droit civil, il ne suffit pas de voter des lois, il faut trouver des compromis socialement acceptables et surtout gagner le soutien des juristes. Les révolutionnaires ne l'ont pas su ; Bonaparte, lui, l'a bien compris.
The French Civil Code
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Author : Jean-Louis Halperin
language : en
Publisher: Taylor & Francis
Release Date : 2021-12-17
The French Civil Code written by Jean-Louis Halperin and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-17 with Law categories.
This book charts the formation of the French Civil Code, examining both its public and private effects. From the sixteenth to the eighteenth century, French private law was very different in the various parts of the country. In northern and central France, there were as many as sixty-five general customs in force, as well as over three hundred 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' proclaimed the Law of 21 March 1804, which was created by the amalgamation of thirty-six texts. The French Civil Code analyzes the Code using contemporary and modern sources, including the 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. This text will appeal to all students of and those with an interest in international law.
The Code Napol On Rewritten
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Author : John Cartwright
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-10-05
The Code Napol On Rewritten written by John Cartwright and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-05 with Law categories.
The provisions of the French Civil Code governing the law of obligations have remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This work explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. It will make these fundamental reforms accessible to an English-speaking audience.
The Family And The Nation
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Author : Jennifer Ngaire Heuer
language : en
Publisher: Cornell University Press
Release Date : 2018-09-05
The Family And The Nation written by Jennifer Ngaire Heuer and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-05 with History categories.
The French Revolution transformed the nation's—and eventually the world's—thinking about citizenship, nationality, and gender roles. At the same time, it created fundamental contradictions between citizenship and family as women acquired new rights and duties but remained dependents within the household. In The Family and the Nation, Jennifer Ngaire Heuer examines the meaning of citizenship during and after the revolution and the relationship between citizenship and gender as these ideas and practices were reworked in the late 1790s and early nineteenth century.Heuer argues that tensions between family and nation shaped men's and women's legal and social identities from the Revolution and Terror through the Restoration. She shows the critical importance of relating nationality to political citizenship and of examining the application, not just the creation, of new categories of membership in the nation. Heuer draws on diverse historical sources—from political treatises to police records, immigration reports to court cases—to demonstrate the extent of revolutionary concern over national citizenship. This book casts into relief France's evolving attitudes toward patriotism, immigration, and emigration, and the frequently opposing demands of family ties and citizenship.
Towards A Chinese Civil Code
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Author : Lei Chen
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-11-13
Towards A Chinese Civil Code written by Lei Chen and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-13 with Law categories.
Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.
Code Civil
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Author : Frankreich
language : fr
Publisher:
Release Date : 1820
Code Civil written by Frankreich and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1820 with Civil law categories.
The Genesis Of Nineteenth Century Civil Codes In The United States
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Author : Julie Rocheton
language : en
Publisher: BRILL
Release Date : 2024-03-04
The Genesis Of Nineteenth Century Civil Codes In The United States written by Julie Rocheton and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-04 with Law categories.
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
The Politics Of A European Civil Code
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Author : Martijn Willem Hesselink
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01
The Politics Of A European Civil Code written by Martijn Willem Hesselink and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
With a significant number of claims having been brought under NAFTA Chapter 11 in the last 3 years, public and professional interest in this topic has been growing significantly. Quite simply, anyone doing business under NAFTA, or anyone representing a company doing business under NAFTA, must be completely familiar with the provisions of Chapter 11. Combining expert commentary with complete primary source materials and case law, Kluwer Law International's "Investment Disputes Under NAFTA" is the must-have resource for anyone planning - or already involved in - a Chapter 11 claim. NAFTA's Chapter 11, like many treaties, sets forth rules for arbitration. Current procedures have been developed, in part, as cases have arisen and been resolved. This book enables anyone interested in these procedures to know exactly the current state of the law. Only "Investment Disputes Under NAFTA" delivers: Article-by-Article explanations of the ins and outs of Chapter 11; a valuable collection of key case law that has been affected by Chapter 11; accurate and thorough cross-referencing to help you quickly and easily find all relevant material; and logical organization of all materials as well as a complete index and table of cases. This one-of-a-kind resource is practice based and user-friendly. It is the only product to collect the body of NAFTA jurisprudence. It also incorporates substantial references to decisions in other investment treaty cases, decisions by mixed claims commissions and other arbitral bodies, Iran-U.S. Claims Tribunal jurisprudence, and International Court of Justice decisions. Kluwer Law International's "Investment Disputes Under NAFTA" also contains charts presenting valuable information such as the arbitrators in each case, the rules under which the arbitrations have been conducted, and the remedies granted in each particular case
Unnaturally French
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Author : Peter Sahlins
language : en
Publisher: Cornell University Press
Release Date : 2018-08-06
Unnaturally French written by Peter Sahlins and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-06 with History categories.
In his rich and learned new book about the naturalization of foreigners, Peter Sahlins offers an unusual and unexpected contribution to the histories of immigration, nationality, and citizenship in France and Europe. Through a study of foreign citizens, Sahlins discovers and documents a premodern world of legal citizenship, its juridical and administrative fictions, and its social practices. Telling the story of naturalization from the sixteenth to the early nineteenth centuries, Unnaturally French offers an original interpretation of the continuities and ruptures of absolutist and modern citizenship, in the process challenging the historiographical centrality of the French Revolution.Unnaturally French is a brilliant synthesis of social, legal, and political history. At its core are the tens of thousands of foreign citizens whose exhaustively researched social identities and geographic origins are presented here for the first time. Sahlins makes a signal contribution to the legal history of nationality in his comprehensive account of the theory, procedure, and practice of naturalization. In his political history of the making and unmaking of the French absolute monarchy, Sahlins considers the shifting policies toward immigrants, foreign citizens, and state membership.Sahlins argues that the absolute citizen, exemplified in Louis XIV's attempt to tax all foreigners in 1697, gave way to new practices in the middle of the eighteenth century. This "citizenship revolution," long before 1789, produced changes in private and in political culture that led to the abolition of the distinction between foreigners and citizens. Sahlins shows how the Enlightenment and the political failure of the monarchy in France laid the foundations for the development of an exclusively political citizen, in opposition to the absolute citizen who had been above all a legal subject. The author completes his original book with a study of naturalization under Napoleon and the Bourbon Restoration. Tracing the twisted history of the foreign citizen from the Old Regime to the New, Sahlins sheds light on the continuities and ruptures of the revolutionary process, and also its consequences.
Bastards
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Author : Matthew Gerber
language : en
Publisher: Oxford University Press
Release Date : 2012-02
Bastards written by Matthew Gerber and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02 with Family & Relationships categories.
Children born out of wedlock were commonly stigmatized as "bastards" in early modern France. Deprived of inheritance, they were said to have neither kin nor kind, neither family nor nation. Why was this the case? Gentler alternatives to "bastard" existed in early modern French discourse, and many natural parents voluntarily recognized and cared for their extramarital offspring.Drawing upon a wide array of archival and published sources, Matthew Gerber has reconstructed numerous disputes over the rights and disabilities of children born out of wedlock in order to illuminate the changing legal condition and practical treatment of extramarital offspring over a period of two and half centuries. Gerber's study reveals that the exclusion of children born out of wedlock from the family was perpetually debated. In sixteenth- and seventeenth-century France, royal law courts intensified their stigmatization of extramarital offspring even as they usurped jurisdiction over marriage from ecclesiastic courts. Mindful of preserving elite lineages and dynastic succession of power, reform-minded jurists sought to exclude illegitimate children more thoroughly from the household. Adopting a strict moral tone, they referred to illegitimate children as "bastards" in an attempt to underscore their supposed degeneracy. Hostility toward extramarital offspring culminated in 1697 with the levying of a tax on illegitimate offspring. Contempt was never unanimous, however, and in the absence of a unified body of French law, law courts became vital sites for a highly contested cultural construction of family. Lawyers pleading on behalf of extramarital offspring typically referred to them as "natural children." French magistrates grew more receptive to this sympathetic discourse in the eighteenth century, partly in response to soaring rates of child abandonment. As costs of "foundling" care increasingly strained the resources of local communities and the state, some French elites began to publicly advocate a destigmatization of extramarital offspring while valorizing foundlings as "children of the state." By the time the Code Civil (1804) finally established a uniform body of French family law, the concept of bastardy had become largely archaic.With a cast of characters ranging from royal bastards to foundlings, Bastards explores the relationship between social and political change in the early modern era, offering new insight into the changing nature of early modern French law and its evolving contribution to the historical construction of both the family and the state.