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Pothier and the French Civil Code

Eric Descheemaeker

in The Division of Wrongs: A Historical Comparative Study

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.003.0005
Subject:
Law, Comparative Law, Law of Obligations

This chapter looks at the division of wrongs into délits and quasi-délits in the most significant work of the French ancien droit, Pothier's Traité des obligations, and then in the Code civil of ... More


The Eternal Minor: 1 Feminism and the Civil Code

PAUL SMITH

in Feminism and the Third Republic: Women's Political and Civil Rights in France, 1918-1945

Published in print:
1996
Published Online:
October 2011
ISBN:
9780198206231
eISBN:
9780191677045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198206231.003.0005
Subject:
History, European Modern History

Because the civil rights of women was one of the fundamental issues creating impetus for the feminist movement during the late 19th century, it is realized that the most significant events in these ... More


General Rules and Institutions of Private Law

Hiroshi Oda

in Japanese Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199232185
eISBN:
9780191705335
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232185.003.0007
Subject:
Law, Comparative Law

This chapter discusses Japanese private law. Topics covered include the Civil Code and Commercial Code, civil law rights and public welfare, the doctrine of good faith and fair dealing, abuse of ... More


Civil Procedure

Hiroshi Oda

in Japanese Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199232185
eISBN:
9780191705335
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232185.003.0018
Subject:
Law, Comparative Law

This chapter discusses civil procedure in Japan. Topics covered include the Code of Civil Procedure, jurisdiction; capacity to be a party, standing, and the interest to initiate an action; ... More


‘Malaise Alsacien’—Malaise féminin? Alsatian Women's Identity in Question, 1918–39

Elizabeth Vlossak

in Marianne or Germania?: Nationalizing Women in Alsace, 1870-1946

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199561117
eISBN:
9780191595035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199561117.003.0006
Subject:
History, European Modern History

The administrative, legal, civil, constitutional and political transitions that took place in Alsace and Lorraine after 1918 caused the ‘Malaise alsacien’. This chapter explores the extent to which ... More


Unjust Enrichment: The Tenant's Tale

Eltjo Schrage

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0029
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter begins in the tenements of ancient Rome to show how medieval and later lawyers tackled the problem of the enrichment of a landlord which was liable to happen if, on the termination of ... More


Commercial Law

Stephen Zamora, José RamlÓN CossÍO, Lenone Pereznieto, José Roldá n-Xopa, and David Lopez

in Mexican Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199288489
eISBN:
9780191700514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288489.003.0018
Subject:
Law, Constitutional and Administrative Law

This chapter discusses commercial law in Mexico, focusing primarily on the general principles of commercial transactions, as governed by the Commercial Code and supplemented by the Federal Civil ... More


The Hindu Code Bill in the Political Sphere

Chitra Sinha

in Debating Patriarchy: The Hindu Code Bill Controversy in India (1941–1956)

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198078944
eISBN:
9780199081479
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198078944.003.0029
Subject:
Law, Family Law

Alongside the communicative processes in the public sphere, the Hindu Code Bill entered the legislative domain in a significant way in 1948. The fifth chapter reviews the nature of the debate that ... More


A Way Forward for European Contract Law?

Lucinda Miller

in The Emergence of EU Contract Law: Exploring Europeanization

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199606627
eISBN:
9780191731716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606627.003.0004
Subject:
Law, EU Law

This chapter examines the EU’s broader (non sector-specific) contract law programme. It is primarily concerned with the instrument known as the Common Frame of Reference (CFR) a draft of which has ... More


Family Law and the Law of Persons

Stephen Zamora, José RamlÓN CossÍO, Lenone Pereznieto, José Roldá n-Xopa, and David Lopez

in Mexican Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199288489
eISBN:
9780191700514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288489.003.0015
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the Federal Civil Code (Código Civil Federal), or FCC, which sets forth the general choice of law rules in matters governing persons and families. FCC has been used as a model ... More


Preparing Germany for the Twenty-First Century †: The Reform of the Code of Civil Procedure

Giesela Rühl

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0035
Subject:
Law, Public International Law

The number and diversity of the recently enacted laws have resulted in confusion about the state of German civil procedure today. This chapter gives an overview of the most important changes. It ... More


Law and Gender Inequality: The Politics of Women's Rights in India

Flavia Agnes

Published in print:
2001
Published Online:
October 2012
ISBN:
9780195655247
eISBN:
9780199081189
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195655247.001.0001
Subject:
Law, Family Law

This volume explores gender inequality and the politics of women’s rights in India. It provides an invaluable analysis of the current trends of the debate on Uniform Civil Code located within a ... More


Familialism and the Republican Social Contract

Camille Robcis

in The Law of Kinship: Anthropology, Psychoanalysis, and the Family in France

Published in print:
2013
Published Online:
August 2016
ISBN:
9780801451294
eISBN:
9780801468407
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801451294.003.0002
Subject:
History, European Modern History

This chapter provides a genealogy of familialism as a political culture and as an ideology in French law and social policy. Familialism is an organized political movement with a legal infrastructure, ... More


Civil Procedure

Stephen Zamora, José RamlóN CossíO, Lenone Pereznieto, José Roldá n-Xopa, and David Lopez

in Mexican Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199288489
eISBN:
9780191700514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288489.003.0010
Subject:
Law, Constitutional and Administrative Law

The law of civil procedure in Mexico governs the process by which Mexican courts and related institutions resolve disputes arising out of matters governed by the civil codes. This chapter outlines ... More


Property Law and Inheritance Law

Stephen Zamora, José RamlÓN CossÍO, Lenone Pereznieto, José Roldá n-Xopa, and David Lopez

in Mexican Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199288489
eISBN:
9780191700514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288489.003.0016
Subject:
Law, Constitutional and Administrative Law

This chapter discusses property law and inheritance law, which are private law subjects covered by the civil codes applicable in each Mexican state or federal territory. It focuses on the private law ... More


Introduction

Gerhard Dannemann

in The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.003.0001
Subject:
Law, Comparative Law, Law of Obligations

This introductory chapter begins with a discussion of the long tradition of unjust enrichment in English law and the advantages of taking a closer look at the German law of unjustified enrichment ... More


The Influences of the CPR on Civil Procedure and Evidence Reform in the Netherlands

Daan Asser

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0020
Subject:
Law, Constitutional and Administrative Law

Although the Civil Procedure Rules (CPR) have not notably influenced the development of Dutch civil procedural law during the past decade prior to this book's publication, they have played a role in ... More


Constitutional Law and Citizenship Claims

Flavia Agnes

in Family Law Volume 1: Family Laws and Constitutional Claims

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198067900
eISBN:
9780199081295
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198067900.003.0002
Subject:
Law, Family Law

This chapter studies a modern constitution and its different provisions, as well as its assurances of freedom and equality to its female citizens. Compared to the previous chapter, this chapter is ... More


Imposing Legal Uniformity: The Court and Muslim Minority Rights

Ronojoy Sen

in Articles of Faith: Religion, Secularism, and the Indian Supreme Court

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198063803
eISBN:
9780199080168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198063803.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter examines the impact of court decisions on India's largest minority, the Muslims, primarily through the prism of personal laws and the Uniform Civil Code issue. The Supreme Court's ... More


Managing Change in the Irish Civil Service and the Implications for Transformative Ecclesial Learning

Brendan Tuohy and Eamonn Conway

in Receptive Ecumenism and the Call to Catholic Learning: Exploring a Way for Contemporary Ecumenism

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199216451
eISBN:
9780191712173
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199216451.003.0025
Subject:
Religion, Theology, Religion and Society

This chapter contributes to the diagnosis of factors militating against receptive learning by pursuing a case study of how factors relating to change in the Department of Communications, Marine, and ... More


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