Gifts

Gifts
Author: Richard Hyland
Publisher: Oxford University Press
Total Pages: 731
Release: 2009-06-05
Genre: Law
ISBN: 0199711097

Gifts: A Study in Comparative Law is the first broad-based study of the law governing the giving and revocation of gifts ever attempted. Gift-giving is everywhere governed by social and customary norms before it encounters the law and the giving of gifts takes place largely outside of the marketplace. As a result of these two characteristics, the law of gifts provides an optimal lens through which to examine how different legal systems engage with social practice. The law of gifts is well-developed both in the civil and the common laws. Richard Hyland's study provides an excellent view of the ways in which different civil and common law jurisdictions confront common issues. The legal systems discussed include principally, in the common law, those of Great Britain, the United States, and India, and, in the civil law, the private law systems of Belgium and France, Germany, Italy, and Spain. Professor Hyland also serves a critique of the dominant method in the field, which is a form of functionalism based on what is called the praesumptio similitudinis, namely the axiom that, once legal doctrine is stripped away, developed legal systems tend to reach similar practical results. His study demonstrates, to the contrary, that legal systems actually differ, not only in their approach and conceptual structure, but just as much in the results.

Traité pratique des donations entre vifs, entre époux

Traité pratique des donations entre vifs, entre époux
Author: Alexandre Michaux
Publisher: Collection XIX
Total Pages: 875
Release: 2015-12-22
Genre: Law
ISBN: 2346024465

1. La donation est un des moyens d’acquérir la propriété. 2. Quelques auteurs ont dit que donatio venait de dono datio. Ce n’est point là une étymologie : donatio ne peut venir de datio ; datio, en français dation, s’applique à autre chose que la donation : ainsi dit-on dation en paiement. Datio est le substantif du verbe dare, do, que l’on emploie dans la définition du contrat synallagmatique do ut das. Fruit d’une sélection réalisée au sein des fonds de la Bibliothèque nationale de France, Collection XIX a pour ambition de faire découvrir des textes classiques et moins classiques dans les meilleures éditions du XIXe siècle.

Recueil Des Cours, Volume 16 (1927/1)

Recueil Des Cours, Volume 16 (1927/1)
Author: Academie De Droit International De La Ha
Publisher: Martinus Nijhoff Publishers
Total Pages: 624
Release: 1972-12-01
Genre: Law
ISBN: 9789028605329

The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

Louisiana

Louisiana
Author: Vernon V. Palmer
Publisher:
Total Pages: 344
Release: 1999
Genre: Law
ISBN:

Comparative law scholars have long known that Louisiana possesses one of the most intriguing legal systems in the world, a living laboratory of common law and civil law. From the circumstances of its birth to the nature of its law, legal methods, and institutions, Louisiana presents a model -- a microcosm -- to which other mixed jurisdictions such as the Philippines, South Africa, and Quebec may be compared. Palmer elucidates the nature of the Louisiana experience over the past two centuries. What were the original forces at work -- demographic, political, linguistic, and economic -- which produced this dual legal structure? Was it necessity or rather discretion which led to the founding of a mixed system? As Louisiana's French speaking population declined, would it be possible to sustain a vibrant civil law element? What kind of judges, judicial institutions, and legal education would emerge from these crosscurrents? In areas where judges exercised the choice of discretion, such as the development of commercial law and civil procedure, where would they turn? And what new creations would be generated by the constant interaction of common law and civil law? Through these and other questions, this book serves to inform and stimulate new thinking about Louisiana and the far-flung world of mixed legal systems.