scholarly journals 侵權責任法在中國民法体系中的地位 The status of Tort Law in China Civil Law System

2010 ◽  
Vol 34 (4) ◽  
pp. 63-83
Author(s):  
김정진
2016 ◽  
Vol 9 (7) ◽  
pp. 219
Author(s):  
Elyas Noee ◽  
Mohammad Noee ◽  
Azadeh Mehrpouyan

“Causation” possesses a considerable place in tort law of Iran and England particularly in the field of Negligence law. Existing differences in legal systems of Iran (as a Civil Law system) and England (as a Common Law system) make find a common perspective difficult to study causation but possible. This research focuses to compare causation in cases where more than one tortfeasors is involved in inflicting damage by negligence. This study also attempts to recognize differences and similarities between Iran and England in order to resolve ambiguities in Iran legal system through England legal system. The study was conducted in three sections including tortfeasors’ indenpendancy, tortfeasors’ contribution, and tortfeasors’ separate impact. This paper reports respectively: in case of tortfeasor independency, Iran law admits jointly and severally liability while England law offers a variety of approaches in various cases; in case of tortfeasors’ contribution, each tortfeasor is liable according to its effect on causing damage with few exceptions; and in case of tortfeasors’ separate impact, per tortfeasor is liable for inflicted damage which is only from oneself side. The results show England law can be considered to filling legal gap of Iran law regarding present identified differences and similarities.


2021 ◽  
Vol 2 (3) ◽  
pp. 622-627
Author(s):  
I Kadek Semara Atmika ◽  
I Nyoman Budiartha ◽  
Lda Ayu Putu Widiati

Indonesia is a country that adheres to the civil law system, many regulations from central to regional. As a result, many laws and regulations overlap in both vertical and horizontal directions. To organize overlapping regulations, coordination  must be done. The concept of comprehensive law has been successfully applied in most countries that adhere to the common law system, but Indonesia that adheres to the civil law systern is still unfamiliar with the term. Therefore, the goals of this research are to analyze the comprehensive legal position in the preparation of Indonesian law and to discuss comprehensive law applied in the law of job creation. This research is normative legal research, used statutory approach and conceptual approach. The results show that the status and application of comprehensive law is v’ery imponant for the development of the law to enforce legal certainty. The formulation of legislation with a comprehensive legal concept requires in-depth research, and for the sake of transparency in the formatinn of many political parties involved, so as nnt to cause problems and harm the public interest, especially the social interest.


1986 ◽  
Vol 1 (2) ◽  
pp. 216
Author(s):  
Isa A. Huneidi

1958 ◽  
Vol 106 (8) ◽  
pp. 1180
Author(s):  
George W. Stumberg ◽  
Arthur T. von Mehren

1993 ◽  
Vol 23 (4) ◽  
pp. 308
Author(s):  
Shaik Mohd Noor Alam S.M. Hussain

Malaysia dan Indonesia memiliki persamaan dan perbedaan dalam sistem hukum. Keduanegara mengenal Hukum Islam dan Hukum Adat. Namun berkenaan dengan hukum Baratmaka Malaysia menganut "Common Law System ", sedangkan Indonesia negeri yangdimasukkan dalam "Civil Law System ". Karangan berikut ini mencoba memperbandingkansahnya suatu perjanjian menurut hukum "Common Law" Malaysia dan "Civil Law" Indonesia. Terlihat adanya perbedaan dalam unsur-unsur yang harus dipenuhi untuk sahnya suatu perjanjian di kedua negara tersebut.


Author(s):  
Richard Frimston ◽  
Chanien Engelbertink ◽  
Anneke Vrenegoor

The Netherlands is a unified kingdom and member state of the EU, with a civil law system. The court of first instance is either the District Court (Rechtbank) or the Sub- District Court (Kantonrechter—‘KR’). KR is part of the District Court.


Author(s):  
Richard Frimston ◽  
Maria de los Reyes S�nchez Moreno ◽  
Juan Delgado Galindo

Spain has a civil law system, is a member of the EU and is also multi-jurisdictional. Some regions (Cataluña, Aragón, Navarra) have specific laws affecting the protection of adults. Matters not covered by those laws and regions without specific laws are subject to the Spanish Civil Code (‘CC’).


Author(s):  
Alex Ruck Keene ◽  
QC Alison Scott Butler

Canada is a federation composed of ten provinces, including Nova Scotia (‘NS’), and three territories. The common law applies in Canada, with the exception of the province of Quebec, which uses a civil law system. There is a federal government; as a province, NS also exercises constitutional powers in its own right. Federal legislation includes provisions relating to adults within the scope of this work. The Canadian Charter of Rights and Freedoms also guarantees certain political rights to Canadians and civil rights to everyone in Canada, and contains rights that impact upon capacity law.


Sign in / Sign up

Export Citation Format

Share Document