scholarly journals A Német Szövetség váltójogi jogalkotása és annak hatása az Osztrák Császárságra és a Magyar Királyságra

DÍKÉ ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 201-212
Author(s):  
Marcell Baranyai
Keyword(s):  
Civil Law ◽  
Private Law ◽  
Commercial Law ◽  
Good Basis ◽  
The Creation ◽  
Civil Codes ◽  
Austrian Law ◽  
Important Branch

Among the 19th century’s European legislative and codification processes nowadays’ jurisprudence is happy to highlight the creation of civil codes as a milestone in the development of civil law, however, we must not forget the flourishing of another, at least as important branch of private law: the commercial law. In parallel with the growth of overland and sea trade, with increasingly diversified commercial relations, commercial transactions developed, which may have served as a good basis for the development of private law. This study is the first in a series of commercial law history studies and presents the sources of different laws on bills of exchange in the German territories and the harmonizing legislation of the thousand-faced German Confederation, as well as its impact on the Austrian Empire, such as the Austrian law on bills of exchange and the Hungarian Kingdom's vicious, but ultimately rewarding independent legislative aspirations.

scholarly journals Legal Person Subject to Civil Law

2021 ◽  
Vol 9 (1) ◽  
pp. 13-23
Author(s):  
Cristian Macsim
Keyword(s):  
Present Article ◽  
Civil Law ◽  
Civil Code ◽  
Legal Person ◽  
Private Law ◽  
Wide Scope ◽  
Commercial Law ◽  
International Regulations ◽  
Constituent Elements

The legal person, now a distinct institution in its own right, regulated as such in the Romanian Civil Code, is the result of a long process of modernisation of Romanian legislation, but also of its harmonisation with international regulations which unanimously recognise the legal person as a subject of law. The notion of legal person was born in private law and has been and is used in all branches of law. Legal persons are distinct subjects in civil law or commercial law legal relationships. The legal person is a subject of law with a wide scope in the legal circuit. Commercial companies, autonomous companies, companies, are participants as legal persons in private law relationships. Legal persons are the entities provided for by law, as well as any other legally-established organisations which, although not declared by law to be legal persons, fulfill all the conditions provided for by the Civil Code and the relevant legislation. The present article aims to present the specific rules for the establishment and functioning of a legal person, as well as issues related to classifications and constituent elements, and to their liability for legal acts or deeds performed.

2 A Concise History of the Law of State Responsibility and Reparation in International Law

2011 ◽  
Author(s):  
Sabahi Borzu
Keyword(s):  
International Law ◽  
Civil Law ◽  
State Responsibility ◽  
Private Law ◽  
Human Thought ◽  
Diplomatic Protection ◽  
History Of ◽  
The Law ◽  
Civil Codes

The modern doctrines of State responsibility and reparation are the result of more than 2,000 years of human thought. This chapter traces the history of some of the most important components of State responsibility and reparation. The origins of these concepts are found in the historical roots of the civil law doctrines of extra-contractual liability and the remedy of restitutio in integrum, from Roman times until their entry into European civil codes. It explains how the private law notions discussed entered into international law and how, from the fusion of these notions and concepts with those supplied through the evolving doctrines of reprisals, denial of justice, and diplomatic protection, the modern doctrines of State responsibility and reparation were born.

David Santillana

2020 ◽  
Author(s):  
Dan E. Stigall
Keyword(s):  
North Africa ◽  
Islamic Law ◽  
Civil Law ◽  
Modern Synthesis ◽  
The Creation ◽  
Civil Codes

David Santillana was a cosmopolitan jurist and expert on Islamic law who was born in Ottoman Tunisia in 1855. He had a long, multifaceted career as a scholar and legal practitioner in North Africa and Europe, but is best known for his scholarship on the Maliki school of Islamic law and for his central role in the creation of the Tunisian Code of Obligations and Contracts—the first successful modern synthesis of Islamic law and continental civil law. This codification, in turn, served as inspiration for the civil codes of Morocco and Mauritania.

Reconciling legal certainty in corporate divisions with respect for civil law remedies: Case C-394/18 I.G.I. Srl v. Maria Grazia Cicenia

2020 ◽  
Vol 27 (3) ◽  
pp. 358-378
Author(s):  
David Ramos Muñoz ◽  
Montserrat Rodríguez Riu
Keyword(s):  
European Union ◽  
Civil Law ◽  
Private Law ◽  
The European Union ◽  
Legal Certainty ◽  
Court Of Justice ◽  
Council Directive ◽  
Civil Codes ◽  
A Company

On 30 January 2020, the Court of Justice of the European Union (CJEU) delivered its judgment in the Case C 394/18 I.G.I. Srl v. Maria Grazia Cicenia et al. The case offers an interpretation of the Directive on corporate divisions in a case that fell outside its scope, and a delicate balancing act between the need to protect legal certainty in corporate divisions, and the need to respect Private Law remedies enshrined in domestic civil codes. The CJEU ruled that the rules of the Sixth Council Directive 82/891/EEC did not preclude the creditors of a company being divided from bringing an actio pauliana against the corporate division, in order to obtain a declaration that the division does not have effects against them, nor did it preclude them from bringing enforcement proceedings against the assets transferred to the newly formed company.

A Matter of Interpretation: Constructing and Interpreting Commercial Contracts under the Common Law and the Convention on the International Sale of Goods

2015 ◽  
Vol 4 (1) ◽  
pp. 1-42
Author(s):  
Gordon Wade
Keyword(s):  
19Th Century ◽  
Common Law ◽  
Civil Law ◽  
Private Law ◽  
International Organisations ◽  
Commercial Law ◽  
International Private Law ◽  
The Common ◽  
International Sale Of Goods ◽  
Contractual Obligations

Contractual disputes concerning interpretation can be the most intractable of all contractual disputes and their outcome is notoriously difficult to predict. The interpretation of contradictory or ambiguous contractual provisions may often be necessary in order to determine, inter alia, the effect of the parties’ actions upon the performance of the contract and what the substantive contractual obligations actually are. Contractual interpretation in civil law and common law jurisdictions proceeds from fundamentally different perspectives, particularly when viewed in light of a recognised international private law convention, the cisg. Comparing and contrasting the common law and the cisg shows the latter to be the product of a diplomatic conference comprising 62 States and eight international organisations and not a series of ancient pronouncements of English judges who developed commercial law through 19th century sensibilities. The cisg and the common law are, however, not poles apart but the cisg was born because commercial trading, commercial agreements and the parties involved have become increasingly internationalised, complex and sophisticated.

National Report for Mexico

2013 ◽  
Author(s):  
Carlos Sánchez-Mejorada y Velasco
Keyword(s):  
Constitutional Law ◽  
Common Law ◽  
Civil Law ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Profit Motive ◽  
Private Law ◽  
Commercial Law ◽  
The Status

In civil law systems, such as Mexico, a distinction is made between civil law (‘derecho civil’) and commercial law (‘derecho mercantil’), which can be confusing to persons unfamiliar with the system. As is the case in common law jurisdictions, law in civil law systems can be divided into public law and private law, the latter being those laws that govern relationships between and among private parties, regarding which the state functions more as a ‘supervisor’ or an ‘umpire’ than as an authority. Public law would include constitutional law, administrative law, etc. In turn, private law comprises civil law, ie those rules governing the status, rights, and obligations of the residents of the state as persons, their property, their estates, their obligations, and their contracts; and commercial law, those rules governing all acts of the residents of the state that have a profit motive, which in Mexico—as well as in other jurisdictions—are called ‘acts of commerce’ (‘actos de comercio’).

scholarly journals Remarks Regarding the Influence of European Legislation upon Codification of Civil Law

2017 ◽  
Vol 71 (0) ◽  
pp. 0-0
Author(s):  
Jan Rudnicki
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Private Law ◽  
European Level ◽  
European Legislation ◽  
Polish Experience ◽  
The Creation ◽  
The Impact

This paper emphasises that Europeanisation of law contributes greatly to the phenomenon of decodification. The impact of European legislation on the position of the civil code as the main source of private law is clearly visible in the case of directly effective regulations. Also, implementation of directives can (and often does) lead to the creation of legislation regulating civil law matters, yet separate from the civil code. The Polish experience with implementation of directives concerning consumers protection makes for a good example. Regulation of timeshare contracts completely outside the civil code is – according to the Polish doctrine – a result of difficulties with integrating this particular provision into the codification of private law. If such difficulties are inevitable, so is also progressing decodification of civil law due to its advancing harmonization on the European level.

Civil and Common Law

2020 ◽  
pp. 226-240
Author(s):  
Lionel Smith
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Private Law ◽  
The Future

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 a little bit about what is a civilian perspective, or in other words, what makes a jurist a civilian. This is a question to which many different answers could be given. The chapter then looks at the different perspective that a civilian may have on what is the domain of private law. It also asks what insights the civilian's understanding of the discipline of law may offer to common lawyers. From a civilian perspective, the future of the New Private Law will be interesting indeed.

SUBORDINATION AGREEMENT IN THE SYSTEM OF PRIVATE LAW

2021 ◽  
Vol 21 (3) ◽  
pp. 7-107
Author(s):  
M.D. TYAZHBIN
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Law Reform ◽  
Private Law ◽  
Legal Nature ◽  
The Russian Federation

The article is dedicated to the category of subordination agreements. Based on the concept of conflict of rights in personam, the author makes an attempt to integrate this category into the system of private law, to determine the legal nature of subordination, and from these positions to assess the effectiveness of Art. 309.1 of the Civil Code of the Russian Federation, implemented in the course of the civil law reform.

Sign in / Sign up

Export Citation Format

Share Document