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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


Japanese Law

Hiroshi Oda

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199232185
eISBN:
9780191705335
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232185.001.1
Subject:
Law, Comparative Law

This text contains the latest edition of this book. It covers the basis of the Japanese legal system, the civil code, business related laws, and other laws including criminal law and procedure, and ... More


Civil Law: Style and Substance

Chibli Mallat

in Introduction to Middle Eastern Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199230495
eISBN:
9780191710926
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199230495.003.0008
Subject:
Law, Comparative Law

This chapter discusses civil law, which is understood as the law of obligations and torts. The chapter follows through the two basic model codes which are represented by the Ottoman Majalla and the ... 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


The Italian Style: Law

Michael A. Livingston, Pier Giuseppe Monateri, and Francesco Parisi

Mauro Capelletti, John Henry Meryman, and Joseph M. Perillo (eds)

in The Italian Legal System: An Introduction, Second Edition

Published in print:
2015
Published Online:
May 2016
ISBN:
9780804774956
eISBN:
9780804796552
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804774956.003.0006
Subject:
Law, Comparative Law

This chapter continues the themes introduced in Chapter 5, emphasizing characteristic Italian attitudes such as the limited (primarily legislative) sources of law; a sharp division between public and ... More


Redemption Under Law

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0002
Subject:
Political Science, American Politics

This chapter discusses the influence of religious ideas on legal values and experience, citing examples from religious law (especially Jewish law and the Talmud), the French civil code, and the ... 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


The Limits of Legislative Revision

William G. Wagner

in Marriage, Property, and Law in Late Imperial Russia

Published in print:
1994
Published Online:
October 2011
ISBN:
9780198204473
eISBN:
9780191676291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198204473.003.0005
Subject:
History, European Modern History

This chapter discusses complications on providing legislative reform because of differences in ideology and interests that brought about varied means of approaching legal problems. It also presents ... 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


The Civil and Commercial Codes

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/9780199288489.003.0014
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on Mexican civil and commercial codes. The central concept of the civil codes is that a code is a complete and comprehensive statement of all laws relevant to a given subject. ... More


The Development of an Ecclesiastical Rule of Law

Hamilton Hess

in The Early Development of Canon Law and the Council of Serdica

Published in print:
2002
Published Online:
April 2004
ISBN:
9780198269755
eISBN:
9780191601163
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198269757.003.0004
Subject:
Religion, Early Christian Studies

Abundant evidence exists for the adaptation of civil practices, inclusive of the taking of minutes, for use in church councils. The minutes of the Council of Carthage held under Cyprian in September ... More


Roman Law, Contemporary Law, European Law: The Civilian Tradition Today

Reinhard Zimmermann

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198299134
eISBN:
9780191708046
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299134.001.0001
Subject:
Law, Comparative Law

Legal history helps us to understand modern or contemporary law. It explains why the law has become what it is. It lays open the premises on which the modern law is based. It constitutes a rich ... 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


Conclusion: The End of Bastardy

Matthew Gerber

in Bastards: Politics, Family, and Law in Early Modern France

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199755370
eISBN:
9780199932603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199755370.003.0007
Subject:
History, European Early Modern History, Family History

In 1793, during the most radical phase of the French Revolution, the National Convention extended full inheritance rights to extramarital offspring voluntarily recognized by their natural parents. ... More


—The Transition from Civil Law to Civil Code in Germany: Dawn of a New Era?

REINHARD ZIMMERMANN

in Roman Law, Contemporary Law, European Law: The Civilian Tradition Today

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198299134
eISBN:
9780191708046
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299134.003.0003
Subject:
Law, Comparative Law

This lecture discusses the transition from civil law to civil code in Germany. Adjudication and scholarship under the Civil Code remain German emanations of the civilian tradition. When the Code ... 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


The Limits of Legislative Revision

William G. Wagner

in Marriage, Property, and Law in Late Imperial Russia

Published in print:
1994
Published Online:
October 2011
ISBN:
9780198204473
eISBN:
9780191676291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198204473.003.0009
Subject:
History, European Modern History

This chapter discusses how revisions to property and inheritance law became intertwined with social, political, ideological, and institutional principles. This relationship yielded more disputes and ... 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


The Nationalist Profession Law and Catalanism

Stephen Jacobson

in Catalonia's Advocates: Lawyers, Society, and Politics in Barcelona, 1759-1900

Published in print:
2009
Published Online:
July 2014
ISBN:
9780807832974
eISBN:
9781469605494
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807899175_jacobson.11
Subject:
Law, Legal History

This chapter examines the rise of the nationalist profession. It discusses how lawyers sparked nascent nationalism by defending the Catalan civil law when confronted with the coming of the Spanish ... More


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