Academic literature on the topic 'Civil code Law Project n'
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Journal articles on the topic "Civil code Law Project n"
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Deleury, Édith. "Le projet de loi n° 106 et les droits de la personnalité : perspective et analyse prospective." Les Cahiers de droit 25, no. 3 (2005): 699–718. http://dx.doi.org/10.7202/042617ar.
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Bill 106 the purpose of which was to add the reformed Law of Persons to the Civil Code of Québec has been strongly criticized. Originally tabled in Parliament on November 17, 1982, a new draft has been prepared. The author thinks it fitting to give an overview of the main amendments proposed in this first draft and emphasizes the first title : « Les droits de la personnalité ».
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Kramarenko, Vladimir Olegovich. "Russian empire’s civil law codification in the second half XIX – the beginning of xx century." LAPLAGE EM REVISTA 7, no. 3B (2021): 397–402. http://dx.doi.org/10.24115/s2446-6220202173b1565p.397-402.
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The article describes the history of the Civil code project of the Russian Empire. It also describes the progress of the Drafting Commission, its composition, objectives of activities and sources that formed the basis of the project. The Civil code project is an excellent example of the legal culture of Russia the thrifty and attentive attitude of its developers to the social and spiritual values of the people. The Civil code project as well as the history of its drafting can be used and should be taken into account today during the conduct of legislative activity the creation of legal structures of civil law. The Civil code became an important source of civil relationship in the Russian Empire.
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Özsu, Umut. "‘Receiving’ the Swiss Civil Code: translating authority in early republican Turkey." International Journal of Law in Context 6, no. 1 (2010): 63–89. http://dx.doi.org/10.1017/s1744552309990309.
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The promulgation of the Turkish Civil Code of 1926, a nuanced translation of the Swiss Civil Code of 1907, has long been celebrated as an exceptionally thoroughgoing instance of ‘legal transplantation’. Despite their pervasiveness, such assessments cloud appreciation of the multifarious power dynamics at work in the Code’s preparation and implementation, especially the mechanisms through which it was made to serve Kemalist ideology’s twofold agenda of ‘modernising’ socio-legal relations while retaining – and, in certain instances, augmenting – those ‘traditional’ practices which early republican legislators and administrators found to be of especial value for their ‘nation-building’ project. The chief objective of this study is to reveal the inadequacies of the Turkish Civil Code’s standard characterisation as a ‘success story’ in comparative legal scholarship. Specifically, I demonstrate that the 1926 Code is best understood as the product of a deeply gendered tension between Kemalism’s dedication to a state-driven programme of national ‘modernisation’ and elements of the ‘tradition’ this programme was crafted for the sake of mobilising, radicalising and transforming.
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Марышева, Наталия, Nataliya Maryshyeva, Татьяна Лазарева, Tatyana Lazaryeva, Наталия Власова та Nataliya Vlasova. "СIVILISTIC SCHOOL OF THOUGHT IN INTERNATIONAL PRIVATE LAW". Journal of Foreign Legislation and Comparative Law 1, № 5 (2015): 0. http://dx.doi.org/10.12737/16123.
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The article is devoted to the analysis of the civil law concept of private international law, which comes down to the fact that private international law regulates private law relations: civil, family and labour, if they comprise a foreign element (foreign citizenship, foreign affiliation of a subject of law, etc). The authors provide arguments that private international law is an independent branch of law and legal studies; civil law concept of private international law is based on two methods of regulation of private law relations with a foreign element: conflict of laws (national and standardized through uniform rules contained in international conventions) and a substantive (standardized) element. The authors reveal the role in the development of the science of private international law played by professor L. A. Luntz, Laureate of the USSR State prize, who worked in the Institute of Legislation and Comparative Law (ILCL) in 1939—1979. Special attention is paid to the contribution of L. A. Luntz and his successors — the ILCL researchers V. P. Zvekov, A. L. Makovskiy, N. I. Marysheva, O. N. Sadikov — to the formation and development of the Soviet and Russian legislation in the field of private international law, including drafting of the Bill on Private International Law and International Civil Procedure (1990), drafting and adoption of the respective sections within the Fundamental Principles of Civil Legislation of the USSR (1961, 1991), the Fundamental Principles of Marriage and Family Legislation of the USSR (1968), the RSFSR Civil Code (1964), the Marriage and Family Code of the RSFSR (1969), the present Civil Code of the Russian Federation (Part III, 2001), the Family Code of the Russian Federation (1995), the Maritime Code of the Russian Federation (1999), the Civil Procedure Code of the Russian Federation (2002).
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Shalakany, Amr. "BETWEEN IDENTITY AND REDISTRIBUTION: SANHURI, GENEALOGY AND THE WILL TO ISLAMISE." Islamic Law and Society 8, no. 2 (2001): 201–44. http://dx.doi.org/10.1163/156851901753133435.
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AbstractIs Sanhuri's Egyptian civil code Islamic? I examine here the distributive aspects of this identity question and argue that the code's Islamicity rests on a genealogical study of its drafter's "will to Islamise." From his doctoral theses onwards, Sanhuri's intellectual genealogy is one of discursive and existential division between two different projects, namely, the identity project of modernising Islamic law and the redistributive project of engineering modern law to promote social justice. In the Egyptian civil code, Sanhuri meant to bring together those two projects under a single normative order. To this end, he resorted to the Franco-American concept of the "social"—a hodgepodge of socialist doctrine and sociological jurisprudence. Although initially promoting the code as "Islamic," he eventually reneged on this claim as the "social" was displaced by revolutionary turns in Nasser's Egypt.
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Buletsa, Sibilla, and Piotr Zakrzewski. "Limitation of Claims in Polish and Ukrainian Civil Code Against the Background of the Principles of European Contract Law and the German Civil Code." Journal of Legal Studies 24, no. 38 (2019): 63–94. http://dx.doi.org/10.2478/jles-2019-0010.
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Abstract The article deals with limitation of claims in Poland, Ukraine and Germany. The authors made a conclusion that the most liberal solution in the area of contractual regulation of limitation is provided in the German Civil Code, which allows shortening and prolonging the statutory limitation period, whereas the most severe is provided for in the Polish Civil Code, prohibiting it altogether. An indirect solution has been adopted by the Ukrainian Civil Code, which allows only the extension of the statutory limitation period. These different legislative solutions demonstrate that the national legislators are partially different in their view of the reasons justifying the statute of limitations. Newer prescription regulations, to which the German and Ukrainian ones belong, are largely similar to each other. The same can be said about the Polish academic project of the general section of the civil code. The Principles of European Contract Law have had a significant impact on teaching of civil law, as well as on national legislators.
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Reis, Thiago. "VI. The Brazilian civil code of 1916: principles, method and institutional conditions of private law modernization." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung 138, no. 1 (2021): 178–225. http://dx.doi.org/10.1515/zrgg-2021-0006.
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Abstract The article analyzes the elaboration of the Brazilian civil code of 1916 as part of a broader political project of Republican modernization, focusing on the relation between private law, politics and economics in Brazil at the turn of the 20th century. The basic argument is that the consolidation of the Republican regime during the presidency of Campos Sales (1898–1902) provided the institutional conditions that paved the way for the codification of civil law. From the political perspective, parliamentary debates indicate that the civil code draft quickly turned into an instrument of political bargain and opposition to the president’s authority. From the legal point of view, the paper argues that, contrary to the prevailing view in Brazilian private law scholarship, the code represented a real attempt to break with the old order and create the conditions for a private law system based on equal juridical freedom. Finally, the paper explores the connections between the reform of legal methodology and legislative modernization, pointing both at the normative principles guiding the civil code elaboration and at the opposition it was faced with in Brazilian society.
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Lewandowicz, Maria. "Geneza i znaczenie Kodeksu Prawa Prywatnego Kantonu Zurychu dla kodyfikacji prawa prywatnego w Szwajcarii na przykładzie prawa spadkowego." Czasopismo Prawno-Historyczne 69, no. 2 (2018): 63–87. http://dx.doi.org/10.14746/cph.2017.2.4.
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The Code of Private Law in the Canton of Zurich (Privatrechtliches Gesetzbuch für den Kanton Zürich – PGB) is described as the perfect model for the Swiss Civil Code in the literature devoted to the subject matter of codification of private law in the Swiss Confederation. It was the first modern civil code in Switzerland which was imbued with German tradition and legal culture. At the same time, it represented a high level of scientific sophistication. The Code of Private Law in the Canton of Zurich proved the vitality of German law in Switzerland. Moreover, its stable foundations in the national spirit resultedin a high level of social acceptance for the legal solutions included within. However, the question remains to what extent one can determine the influence of the Code of Private Law in the Canton of Zurich on the project and on the final shape of the Swiss Civil Code (ZGB). Also the question is to what extent one should treat these codes as independent works, even though they were created on the basis of the same initial assumptions. Theinfluence of The Code of Private Law in the Canton of Zurich on the Swiss Civil Code most completely depicts the inheritance law. Firstly, it directly interferes with the personal sphere of a citizen’s life and, consequently, it has to be rooted in the national culture and tradition in order to be effective. Secondly, it is the part of law which was the most diversified regulatory area in Switzerland in the period prior to the unification. The description of the Code of Private Law in the Canton of Zurich as “the perfect model” for the Swiss Civil Code is accurate. However, it is the author’s opinion that thisstatement is an exaggeration. The basic connection between the Code of Private Law in the Canton of Zurich and the Swiss Civil Code is expressed in the method of conducting the preparatory work for the codification work. It is also expressed by the adopted method of selection of the source material which was to serve as demonstrative material in the unification work. However, there is no evidence which would attest that the Swiss Civil Code’s contents were based on the regulations found in the Code of Private Law in the Canton of Zurich. The close relationship of both laws is expressed not in the contents but rather in the ideological assumptions of the conducted codification works.
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Sójka-Zielińska, Katarzyna. "Stulecie Kodeksu cywilnego szwajcarskiego." Czasopismo Prawno-Historyczne 64, no. 2 (2018): 27–59. http://dx.doi.org/10.14746/cph.2012.64.2.02.
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The Swiss Civil Code (Schweizerisches Zivilgesetzbuch – ZGB) came into being on 1 January 1912 culminating the series of so called great civil codifications of continental Europe. The vast experience in the codification work within the Roman legal culture allowed the editors of the ZGB, and its author, Eugen Huber in particular, to create a truly original work that perfectly combined long legal traditions of individual Swiss cantons with the requirements of contemporary expectations, the ideas of individualism with those of social solidarity, the liberal slogans with the policy of interventionism, and the letter of law with the principles of equity and the canons of ethics. The staring point for the Swiss Civil Code was a draft authored by W. Munziger, which referred to the Zurich Code Civil, the German commercial code, the Austrian ABGB of 1861 and the Dresdener law of obligations of 1866. Another important stage was the initiative of the Swiss Juristenverein which in 1884 proposed a comparative study of all cantonal private law systems. The results of that study were to serve as a basis for the future nationwide unification of the legal system. Between 1893 and 1898 Eugen Huber developed three preliminary drafts, covering family law, succession law and rights in property. In 1900 they were published as a government project and put forward for a public discussion carried out by a 31-member expert group, with wide participation of individual citizens and interest groups. Eventually, on 10 December, the project was unanimously adopted as Schweizerisches Zivilgesetzbuch, Codice civile svizzero (ZGB) to come into force and be binding as of 1 January 1912. Among the many states drat drew on the Swiss Civil Code when drafting their own codes were Lichtenstein, Austria, Hungary, Greece, Italy and Turkey. In the latter, the ZGB was adopted as part of the reforms under Kamal Atatürk. The Swiss codification was highly valued by the civil lawyers in the Second Polish Republic.
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Barrette, Amy L., Neal R. Brendel, and Wadih El-Riachi. "The Availability in the UAE of Liens to Secure Payment under Construction Contracts." Arab Law Quarterly 24, no. 3 (2010): 309–17. http://dx.doi.org/10.1163/157302510x504953.
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AbstractWhile much attention has been devoted to curbing the rise of lawsuits surrounding Dubai’s struggling construction industry, surprisingly little attention has been focused on another option available to contractors who seek payment for failed or troubled projects. Contractors, architects, and engineers may find relief under a seldom-reported UAE federal law that establishes qualified rights for contractors to secure payment for work under non-governmental contracts by filing a priority lien against the project itself. This article discusses the remedy, known in many common-law jurisdictions as ‘mechanic’s liens’ or ‘builders’ liens’, and why it is important for contractors to be familiar with the applicable Civil Code and Civil Procedure Code provisions. Those who first exercise their lien rights and seek to register liens with the Land Department will be treading new ground and will want to be well- prepared and educated on their rights provided under existing law.
Dissertations / Theses on the topic "Civil code Law Project n"
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Oliveira, Marcia Cicarelli Barbosa de. "O interesse segurável." Universidade de São Paulo, 2011. http://www.teses.usp.br/teses/disponiveis/2/2131/tde-10092012-162636/.
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O presente trabalho tem por escopo o estudo jurídico do interesse segurável, elemento essencial do contrato de seguro, entendido como a relação existente entre o segurado e a coisa ou a pessoa sujeita ao risco. O tema é desenvolvido tendo por base a análise estrutural e funcional do interesse segurável, sua evolução legislativa no Brasil e consequências no contrato de seguro, no que tange tanto ao seguro de danos como ao seguro de pessoas. A análise pauta-se, em particular, no Código Civil brasileiro hodierno e no Código de 1916. Em razão da inexistência de literatura nacional específica sobre o assunto, o estudo é ilustrado, na medida do possível, com o tratamento da matéria na legislação estrangeira, na Jurisprudência nacional e no Projeto de Lei n. 3.555/2004.<br>The present work aims the legal study of the insurable interest, a essencial element of the insurance contract, understood as the relationship between a person and a thing or another person subject to risk. The subject will be developed from the structural and functional analysis of the insurable interest, its legislative developments in Brazil and its consequences in the insurance contract, both regarding indemnity and non-indemnity insurance contracts. The analysis is guided, in particular, by the Brazilian Civil Code and former Code of 1916. Considering the lack of specific national literature on the subject, the study is illustrated, as far as possible, with examples of foreign Law, case law and the Law Project n. 3.555/2004.
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Brito, Andréia Caetano. "O sistema de precedentes brasileiro, sob a ótica do CPC/2015: é possível imprimir efeito vinculante aos acórdãos repetitivos proferidos em matéria tributária, antes da entrada em vigor da Lei n°13.105/2015?" reponame:Repositório Institucional do FGV, 2017. http://hdl.handle.net/10438/18851.
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Previous issue date: 2017-08-15<br>The Brazilian civil procedural law is going through a moment of extreme importance, with the regulation, by Law nº 13.105/2015, of our theory of precedents. In pursuit of ensuring the aimed legal certainty and predictability, clear rules have been introduced in our legal system to standardize jurisprudence, which require respect for judicial precedents, in particular, its determinant foundations (ratio decidendi). Faced with this new scenario, in which judicial decisions will be considered binding precedents, if they have certain characteristics defined by the New Code of Civil Procedure (CPC/2015), we believe that it is of utmost importance to assess whether decisions, rendered in the judgment of repetitive Appeals under the CPC/1973’s rules, are capable of being considered as precedents and binding judges and courts. Thus, in this paper, we will confront, in an exemplary way, decisions rendered in repetitive demands under the CPC/1973 system, with the mechanisms introduced by the CPC/2015 for the creation and application of binding precedents. As will be seen, in the cases analyzed, it was not possible to identify the for the mechanisms implemented in Brazilian procedural law and, therefore, we understand that the law enforcers have the duty to provoke the Supreme Courts to review their understanding, in order to ensure that these decisions are not binding, mechanically, as we have already seen.<br>O direito processual civil brasileiro passa por um momento de extrema importância, com a normatização, pela Lei nº13.105/2015, da nossa particular teoria dos precedentes. Em busca das tão almejadas segurança e previsibilidade, foram introduzidas, no nosso ordenamento jurídico, regras para induzir a uniformização jurisprudencial, que impõem o respeito aos precedentes judiciais, em especial, aos seus fundamentos determinantes (ratio decidendi). Ante a esse novo cenário, em que decisões judiciais serão consideradas precedentes vinculantes, caso portem determinados requisitos definidos pelo Novo Código de Processo Civil (CPC/2015), entendemos que é de suma importância avaliar se as decisões, proferidas em sede de julgamento de recursos repetitivos, na vigência da Lei nº 5.869/1973 (CPC/1973), estão aptas a serem consideradas precedentes e a vincular juízes e tribunais. Assim, no presente trabalho, confrontaremos, de forma exemplificativa, decisões proferidas em demandas repetitivas na sistemática do CPC/1973, com os mecanismos trazidos pelo CPC/2015 para a criação e aplicação de precedentes vinculantes. Conforme se verificará, nos casos analisados, não foi possível identificar o respeito aos recentes mecanismos introduzidos no direito processual brasileiro e, por isso, entendemos que os operadores do direito têm o dever de provocar os Tribunais Superiores para reverem seu entendimento, a fim de garantir que essas decisões não sejam dotadas de natureza vinculante, de forma mecânica, como, inclusive, já temos verificado.
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Lee, Shu-Ju. "Probleme in Online-Auktionen." Doctoral thesis, 2006. http://hdl.handle.net/11858/00-1735-0000-0006-B342-9.
Full textBook chapters on the topic "Civil code Law Project n"
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Jean-Renaud, Cazali, and de Cintré Kilian. "13 Project Finance in Civil Law Jurisdictions." In International Project Finance. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198832850.003.0014.
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Until recently, project financing of public infrastructure projects in France, as in other civil law jurisdictions, was limited to concessions. This evolved in the early 2000s with the emergence of partnership agreements between public authorities and sponsors. Nowadays, project financing of public infrastructure projects is structured around two distinct contractual frameworks: concessions and public-private partnerships. The two main differences between public-private partnerships and concessions lie in (i) the way the project is designed and (ii) the remuneration of the private company. This chapter discusses public projects and tender offers, creating and perfecting security interests, daily assignment and pledges over business concerns, direct agreements and step-in rights, issues arising from secured lending, and the influence of the civil code in African countries.
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Ayoub, Samy A. "The Ottoman Rationale for Codification: The Mecelle." In Law, Empire, and the Sultan. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190092924.003.0005.
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This chapter is dedicated to the Mecelle, the first Islamic civil law code. It is primarily concerned with the substance of the articles of the Mecelle. This chapter contends that the Mecelle is a culminating articulation of late Ḥanafī legal scholarship in the early modern period. What is important about the Mecelle, this chapter argues, is not only that it represents a faithful synthesis of late Ḥanafī jurisprudential norms in this period but also that it promulgated new social and legal norms for the late Ottoman Empire. The Mecelle underscores the increasing bureaucratization and centralization of judicial and legal authority in the Ottoman Empire. This chapter stresses that the Mecelle should be understood in the context of the Ottoman modernization project and that it constitutes a response from within the Islamic legal tradition to the Tanzimat and the penetration of Western laws into Ottoman society.
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Berlin, Mark S. "The Criminalization of Atrocities in Guatemala." In Criminalizing Atrocity. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850441.003.0005.
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This chapter traces the process of a single case of atrocity criminalization—Guatemala in 1973—to further verify the causal mechanisms of the book’s technocratic legal borrowing thesis. It formulates and tests a set of empirical predictions that speak to the observable implications of the theory’s causal mechanisms. Using a combination of primary sources, secondary sources, and elite interviews, it finds strong support for these predictions. First, the idea to include atrocity laws in the 1973 Guatemalan criminal code likely originated with its technocratic author, Gonzalo Menéndez de la Riva, and not with international organizations, civil society organizations, or government policymakers, as alternative theories would predict. Second, two types of influence likely shaped Menéndez de la Riva’s choices to include atrocity laws: (1) the emulation of other codes from the region that were highly regarded among his professional community, and (2) professional ideas about the importance of adopting national atrocity laws that spread to the region through prominent Latin American scholars linked to the International Association of Penal Law. Finally, the Guatemalan government likely approved these laws because they perceived them as low-stakes, technical features of a modernization project, and not because they intended them to appeal to international actors or the political opposition, as alternative theories would predict.