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Keywords: civil law tradition
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Chapter
Published: 17 March 2022
... or English. Malta is a unitary state with one law applicable across the Maltese islands. The Maltese private law is based on the civil law tradition whereas Maltese public law is based on the common law tradition. EMD Advocates Malta civil law tradition common law tradition intestate succession...
Chapter
Published: 10 November 2020
...This chapter aims to answer the question, “what can the civil law tradition tell us about the New Private Law?” It seeks to do this by offering one civilian's perspective on private law, on U.S. private law, and on the New Private Law. In order to answer that question, it is necessary to say...
Chapter
Published: 21 May 2020
... international criminal justice. The chapter then offers a brief overview of the structure and procedure of the EAC. The EAC was a hybrid tribunal applying international criminal law doctrine and governed by Senegalese procedure, ie, civil law tradition. This is why victims were able to participate as parties...
Chapter
Published: 05 May 2020
... penalty is further applicable to those who knowingly sell, offer for sale, provide or offer to provide goods or services under such counterfeited or fraudulently affixed mark. 14 Burkina Faso’s legal regime is based on the French civil law tradition. The judiciary is divided into first-degree...
Chapter
Published: 11 July 2023
... Josef German system narrative Olden Rudolf subsumption truth American system Germany lay assessors Schöffen post conviction procedure public perception narratives influencing civil law tradition Grimm Jacob Grimms’ Fairy Tales Grimm investigation law Recht official investigation...
Chapter
Published: 01 December 2009
...This book is a long argument supporting the European preference for constitutional courts. It has tried to highlight the potential virtues of the centralized model of judicial review in the particular context of parliamentary democracies that belong to the civil-law tradition. When European...
Chapter

Andrew G. Paton and Emanuela Monteleone
Published: 17 March 2022
... of succession is applied throughout Italy. The principal source of the law of succession is Il Codice Civile (Civil Code (CC)), in particular, the Second Book (Arts. 456 – 809), entitled Delle Successioni (Succession). (a) The Italian legal system falls within the civil law tradition...
Chapter
Published: 13 April 2021
... Council, by the time of his retirement in 1883. The factors contributing to this transformation, including the impact of his 1868 treatise on the law of sale and his ability to turn the apparent disadvantage of his origins within the civil law tradition of Louisiana into a significant asset in Scottish...
Chapter
Published: 26 March 2015
... This Convention entered into force on 1 January 1992. 18 This Convention is not yet in force. 19 (EU) No 650/2012. 0 26 03 2015 Non-Contracting States (Hague 35) Private Mandates Protective Measures adult protection regimes agency law civil law tradition immovable property...
Chapter
Published: 08 September 2022
... promises future inheritance comparative law wills succession law functional analysis common law tradition civil law tradition forms of redress legal change cases social practices This book examines those cases where a person is promised a future inheritance and, having acted on it, later...
Chapter
Published: 10 March 2023
...Haochen Sun, Creative Destruction of the Civil Law Tradition In: Charting Limitations on Trademark Rights. Edited by: Haochen Sun and Barton Beebe, Oxford University Press. © Haochen Sun 2023. DOI: 10.1093/oso/9780198871248.003.0011 This chapter demonstrates how...
Chapter
Published: 20 November 2023
...-law tradition natural law adjudication legislation rights According to legal historian R. C. Van Caenegem, after the end of the Carolingian period in the late ninth century, there was “a period of more than two centuries in which the European Continent lived without legislation. Neither kings nor...
Chapter
Published: 18 April 2023
...Vertically binding precedents are often rejected in the civil law tradition by reference to three interrelated arguments: (1) judges do not create the law, they merely apply it; (2) judges are bound by statutory law, not by the decisions of other judges; and (3) statutes, not the judicial decisions...
Chapter
Published: 28 January 2016
... civil law tradition monetary nominalism state theory of money payment systems history We have endeavoured to write a book that gives a connected history of some of the main topics in monetary law at the different stages of its development over the past 800 years. Although each chapter is written...