Globalization Moved My Cheese: Or, How Do I Find Foreign Law? (Originally Presented at the 2004 AALL Annual Meeting in Boston.)
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Isbn-13: 978-84-16399-11-6 Index
ISBN-13: 978-84-16399-11-6 INDEX: FIRST CHAPTER: OBLIGATIONS 1) Defective Contracts in Philippine Law, by Rubén Belane 2) Inefficacy of contracts: Different categories, by Yolanda Bergel Sainz-Baranda. SECOND CHAPTER: PROPERTY LAW 3) Indigenous Peoples and Their Right to Ancestral Domain, by Sedfrey M. Candelaria 4) An introduction to English and Spanish property law from a comparative perspective, by Juan Pablo Murga Fernández 5) Acquisition from a non domino in Spanish civil law, by José Manuel de Torres Perea THIRD CHAPTER: CIVIL LIABILITY 6) The Philippine Civil Code Chapter on Human Relations and Contemporary Challenges, by Dean Perry Pe 7) Pre-contractual liability, by Teresa Rodríguez de las Heras Ballell 8) Torts in the family sphere, by José Manuel de Torres Perea FOURTH CHAPTER: FAMILY LAW 9) Philippine Law on Paternity and Filiation, by Danilo Concepción 10) Inter Country Adoption, by Maria Gabriela Roldan 11) Private law of the Philippines and Spain scientific congress. Child protection system in Spain, by Julieta Moreno-Torres Sánchez FITTH CHAPTER COMMERCE LAW: 12) Roots of modernity grounded on tradition: Select Civil Law concepts ingrained in Commercial Law, by Nilo Divina 13) Relations between the Spanish and Philippine Commercial Codes, by Eugenio Olmedo Peralta 14) Mortgage foreclosure and unfair terms in banking contracts, by Yolanda de Lucchi López Tapia, 15) Bankruptcy, an arrangement with creditors, by Nieves Jiménez López 16) How to secure the enforcement of penalties in international commercial contracts, by Ignacio Marín García DEFECTIVE CONTRACTS IN PHILIPPINE CIVIL LAW Prof. Rubén F. Balane Abstract: In the Spanish Civil Code, contracts can be rescinded in certain cases and certain contracts are considered defective for want of any of the three essential requisites—consent, subject-matter, and cause. -
Subjective Right of Ownership in the Civil Law of Different Countries of the World
Shchennikova L. UDC 347.1 L. Shchennikova, Doctor of Laws, Professor SUBJECTIVE RIGHT OF OWNERSHIP IN THE CIVIL LAW OF DIFFERENT COUNTRIES OF THE WORLD Ownership can be without exaggeration considered as one of the fundamental concepts of civil law. Legislators of different countries formulate the notion of subjective right of ownership in different ways. In the article on the basis of comparative legal analysis the generalized vision of the civil category is offered. Key words: civil law, property law, ownership, civil legislation, subjective civil right. An amazing quality is demonstrated by the title disposal of the thing. Thirdly, the lawmaker pointed of «ownership». Old as the hills, after being studied out the exceptional authority of the holder of the and described, it is still fresh, unpredictable and right. Fourthly, the attention was drawn to the open to the new researches. The substance of the restricted character of the title of property, based ownership right is studied by the lawmakers both on the power of the law and of the unwritten throughout the world, who keep promoting their law. Fifthly, the property right, according to the understanding of this civil law construction in the Civil Code of the Netherlands, is extended to the codified civil laws. One can hardly find two absol- separated fruits of the thing. Thus, the property right ?tely identical definitions of the subjective in this heavily populated Western country is ownership right, each of them possesses certain composed of the following basic characteristics: full specificity, slightest distinctions or its own original authority, the freedom of realization, exceptional character. -
A Constant Give and Take: Tracing Legal Borrowings in the Louisiana Civil Law Experience
PARISE (DO NOT DELETE) 12/6/2010 12:14 PM A CONSTANT GIVE AND TAKE: TRACING LEGAL BORROWINGS IN THE LOUISIANA CIVIL LAW EXPERIENCE Agustín Parise∗ I. INTRODUCTION ................................................................................ 1 II. GRAVITATION OF FOREIGN LEGAL PROVISIONS IN LOUISIANA ................................................................................. 3 A. Project of 1806 ......................................................................... 4 B. Digest of 1808 .......................................................................... 6 C. Project of 1823 ........................................................................ 14 D. Civil Code of 1825 ................................................................. 17 E. Revision of 1870 ..................................................................... 21 F. Project of 1908 ........................................................................ 22 G. Revision by the Louisiana State Law Institute ....................... 24 i. Great Debate, 1930s .......................................................... 24 ii. Implementation of Partial Revisions, 1970s .................... 25 iii. The Uniform Commercial Code in Louisiana ................. 29 III. LOUISIANA AS A SOURCE FOR FOREIGN LEGAL PROVISIONS ............................................................................. 30 IV. CLOSING REMARKS ................................................................... 34 I. INTRODUCTION One of the objectives of comparative law is to expand the perspective -
Protection of Immovables in European Legal Systems Edited by Sonia Martín Santisteban and Peter Sparkes Frontmatter More Information
Cambridge University Press 978-1-107-12192-8 - Protection of Immovables in European Legal Systems Edited by Sonia Martín Santisteban and Peter Sparkes Frontmatter More information Protection of Immovables in European Legal Systems How should a landowner respond when a squatter occupies their land? This book discusses the issues focusing on vindicatio, possessory remedies and trespass, but also explores administrative procedures for their removal. In many cases, these actions derive from Roman law, which are expertly explored in an introductory chapter. Also included is a chapter exploring human rights interventions in such actions. Twelve case studies offer an extensive and comparative analysis across fourteen European jurisdictions. The basic defendants covered are squatters taking over a home, environmental protesters, licensees and former tenants. The case studies include, amongst others, self-help; restitution; competing claims to ownership (and the relevance of registration systems to claims to ownership); adverse possession; neighbours; nuisance and encroachment. sonia mart´ın santisteban teaches Spanish civil law at the University of Cantabria and serves as a substitute judge at the Cantabria Courts of Appeals. She is member of the Court on Trusts and Fiduciary Relationships from the Republic of San Marino. peter sparkes teaches land law and equity and trusts at Southampton Law School, where he has been Professor of Property Law since 2002. © in this web service Cambridge University Press www.cambridge.org Cambridge University Press -
Harmonius-2016.Pdf
ИУЕСЕ БИГУЈЕ qael vro810tbk 20krc)N OKRETANJE NA korica) g• (200 20 tabaka 8 100 avorio Aquarello Journal of Legal and Social Studies in South East Europe East South in Studies Social and Legal of Journal 734656000 772334 9 SN2334-6566 ISSN D 4.3 SN2334-6566 ISSN 340.137 UDK | Glavni urednik: Bettina Mia Bujnakova (Maks Plank Institut, Hamburg, Nemačka) Urednici: Mirjana Radović, Milena Đorđević, Nenad Tešić Uređivački odbor: Vanja Bajović, Slavko Đorđević, Hano Ernst, Lazar Jovevski, Balša Kašćelan, Svetislav Kostići , Zlatan Meškić, Bojan Mil savljević, Emilia Mišćenić, Nataša Petrović Tomić, Stefan Pürner, Vuk Radović, Angel Ristov, Marko Stanković, Vladimir Vuletić Međunarodni naučni savet: Christa Jessel-Holst, Tatjana Josipović, Rainer Kulms, Eugenia Kurzynsky-Singer, Damjan Možina, Yuko Nishitani, Meliha Povlakić, Oliver Remien, Hannes Rösler Sekretar: Filip Bojić Izdavač: Harmonius,Bulevar Zorana Đinđića 123v , 11000 Beograd, www.harmonius.org Dizajn: Peđa Hadžimanović Štampa: Dosijestudio , Beograd Tiraž: 200 Godina: V, br. 201 6, izlazi jednom godišnje HARMONIUS | Akademija zaps ravne tudije in cooperation with: www.harmonius.org CTP do B2 011/242 2298 ZLATO ИУЕСЕ БИГУЈЕ qael vro810tbk 20krc)N OKRETANJE NA korica) g• (200 20 tabaka 8 100 avorio Aquarello Journal of Legal and Social Studies in South East Europe East South in Studies Social and Legal of Journal 734656000 772334 9 SN2334-6566 ISSN D 4.3 SN2334-6566 ISSN 340.137 UDK | Glavni urednik: Bettina Mia Bujnakova (Maks Plank Institut, Hamburg, Nemačka) Urednici: Mirjana -
1 Basic Legal Literature of Select European Countries
BASIC LEGAL LITERATURE OF SELECT EUROPEAN COUNTRIES FOR INDIAN LEGAL PROFESSIONALS (with exception of Great Britain): a Bibliographic Research Project (This article is a part of research conducted at the Max Planck Institute of Comparative and International Private Law, Hamburg, Germany) Uma Narayan 1 In recent years it has been observed that India’s political, cultural and business relationships with European nations have increased considerably. This has opened the gates for various legal issues, providing unending scope and opportunities for Indian as well as European legal professionals. Bibliographic analysis and assimilation of select European legal literature would help such professionals to have a quick and scientific access to them. Such research would not only help the legal professionals to carry out their processes more efficiently but would also enrich the legal field of European nations in general. This paper lists the available English language print and online legal sources of major European countries, to give an idea of the laws and legal systems of those countries. In some cases links are provided to the online legal literature in the available language. Some of these countries have more legal literature in English and others a very little. Effort is made to list the recent editions of legal sources wherever possible, even though in some cases the earlier editions are also listed. The paper consists of a bibliographic list of the legal sources of various European Countries which follow Civil Law system like Austria, Belgium, Denmark, Finland, France, Germany, Greece, Italy, Netherlands, Portugal, Spain, Sweden & Switzerland and Ireland which follows Common Law system.