The Scope And Structure Of Civil Codes
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The Scope And Structure Of Civil Codes
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Author : Julio César Rivera
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-02-04
The Scope And Structure Of Civil Codes written by Julio César Rivera and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-04 with Law categories.
This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.
Structures Of European Civil Codes
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Author : Ewelina Rogalska
language : en
Publisher: LIT Verlag
Release Date : 2024-10-01
Structures Of European Civil Codes written by Ewelina Rogalska and has been published by LIT Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-01 with Political Science categories.
The study presents ways of structuring civil codes on the basis of selected codifications from Central and Eastern Europe since the end of 18th century until the modern times. In five chapters the author depicts the arrangement of an possible general part, of the law of obligations, of ius in re, of family law and the law of persons as well as of inheritance law. The focus of the study is searching the most commmon systematic patterns and the main differences between the socialist and bourgeois codifications.
The Making Of The Civil Codes
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Author : Michele Graziadei
language : en
Publisher: Springer Nature
Release Date : 2022-11-21
The Making Of The Civil Codes written by Michele Graziadei and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-21 with Law categories.
The book provides in-depth analysis of the new perspectives on codifications, and of the related reforms, that give recognition to new ideas, new needs, and new techniques. The contributions from several jurisdictions collected in this book provide a much needed evaluation of the current impact of codification on the law and are a first, essential reference for assessing the importance of civil law codifications in the contemporary world.
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
Redefining Codification
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Author : Dirk Heirbaut
language : en
Publisher: Oxford University Press
Release Date : 2024-12-10
Redefining Codification written by Dirk Heirbaut 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 2024-12-10 with Law categories.
More than half of the world's population lives under law codes. Yet, defining the concept of codification remains elusive. Rather than delving into abstract theories, this book provides a rich and contextual comparative legal history of codes in France, Germany, the Netherlands, and Belgium from the late eighteenth century to the present. The author starts by examining the evolution of French, German, Dutch, and Belgian codes in their political and comparative context, thus challenging deeply rooted national narratives. He covers the well-studied civil codes and the often-overlooked commercial and procedural codes and drafts that failed to become law. Against this backdrop, the book embarks on a comprehensive analysis of the factors contributing to the success or failure of codification efforts. Employing an innovative method of comparative legal history, Redefining Codification explores the key players and objectives behind codification, revealing that traditional notions of codification are far removed from reality. Following the deconstruction of some 'universal truths' about codifications, this volume offers fresh insights into the behind-the-scenes of the lawmaking machinery and an empirically based definition of codification.
The Santillana Codes
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Author : Dan E. Stigall
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2017-10-11
The Santillana Codes written by Dan E. Stigall and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-11 with Political Science categories.
This book examines the Santillana Codes, legal instruments which form a distinct class of uniquely African civil code and are still in force today in a legal arc that extends from the Maghreb to the Sahel. Stigall presents the history of Santillana’s seminal legislative effort and provides a comparative analysis of the substance of those codes, illuminating commonalities between Islamic law and European legal systems.
Comparative Legal History
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Author : Olivier Moréteau
language : en
Publisher: Edward Elgar Publishing
Release Date :
Comparative Legal History written by Olivier Moréteau and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with Law categories.
The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.
The Law Of Obligations In Central And Southeast Europe
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Author : Zvonimir Slakoper
language : en
Publisher: Routledge
Release Date : 2021-08-16
The Law Of Obligations In Central And Southeast Europe written by Zvonimir Slakoper and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-16 with Law categories.
The Law of Obligations in Central and Southeast Europe examines the new codifications, reforms, and other recent developments in Central and Southeast Europe which have significantly modernized the law of obligations in the last two decades, focusing particularly on the legal systems of Poland, Czech Republic, Slovak Republic, Hungary, Slovenia, Croatia, Serbia, and Turkey. With chapters authored by prominent academics and promising young legal scholars, this book discusses the results of the modernizations and describes the legislative reforms of the law of obligations that are underway or are discussed and advocated for in the countries of Central and Southeast Europe. Divergences of the new civil codes and other legislative acts from earlier legal solutions are identified and the rationale behind these departures is analysed, as well as the introduction of the new legal institutes in the law of obligations in these parts of the world. The Introduction provides a concise country-by-country overview of the recodification, modernization, and reform of the law of obligations in Central and Southeast Europe. In Part I, chapters discuss the process of recodification in the Slovak Republic, Czech Republic, Poland, and Hungary, with focus on the main novelties in their contract and tort law. The chapters in Part II then discuss several, more specific legal institutes of the law of obligations, and other recent developments and contemporary challenges to the law of obligations in the Czech Republic, Slovenia, Croatia, Serbia, and Turkey. This book is of interest to legal scholars in the field of private law, as well as to students, practitioners, members of law reform bodies, and civil servants in Central and Southeast Europe, and beyond.
The Making Of The Chinese Civil Code
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Author : Hao Jiang
language : en
Publisher: Cambridge University Press
Release Date : 2023-09-14
The Making Of The Chinese Civil Code written by Hao Jiang and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-14 with Law categories.
This book is the first attempt in the English language to study and evaluate the new Chinese Civil Code.
The State And Civil Society
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Author : Nicole Bolleyer
language : en
Publisher: Oxford University Press
Release Date : 2018-10-25
The State And Civil Society written by Nicole Bolleyer 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 2018-10-25 with Political Science categories.
State regulation of civil society is expanding yet widely contested, often portrayed as illegitimate intrusion. Despite ongoing debates about the nature of state-voluntary relations in various disciplines, we know surprisingly little about why long-lived democracies adopt more or less constraining legal approaches in this sphere, in which state intervention is generally considered contentious. Drawing on insights from political science, sociology, comparative law as well as public administration research, this book addresses this important question, conceptually, theoretically, and empirically. It addresses the conceptual and methodological challenges related to developing systematic, comparative insights into the nature of complex legal environments affecting voluntary membership organizations, when simultaneously covering a wide range of democracies and the regulation applicable to different types of voluntary organizations. Proposing the analytical tools to tackle those challenges, it studies in-depth the intertwining and overlapping legal environments of political parties, interest groups, and public benefit organizations across 19 long-lived democracies. After presenting an innovative interdisciplinary theoretical framework theorizing democratic states' legal disposition towards, or their disinclination against, regulating voluntary membership organizations in a constraining or permissive fashion, this framework is empirically tested. Applying Qualitative Comparative Analysis (QCA), the comparative analysis identifies three main 'paths' accounting for the relative constraints in the legal environments democracies have created for organized civil society, defined by different configurations of political systems' democratic history, their legal family, and voluntary sector traditions. Providing the foundation for a mixed-methods design, three ideal-typical representatives of each path - Sweden, the UK, and France - are selected for the in-depth study of these legal environments' long-term evolution, to capture reform dynamics and their drivers that have shaped group and party regulation over many decades.