scholarly journals Legal Settlement Policy in the Community of Sodong Ponorogo Village: A Comparison Between National Law and Alternative Disputed Resolution (ADR)

2021 ◽  
Vol 8 (9) ◽  
pp. 411
Author(s):  
Arief Budiono ◽  
Aries Isnandar ◽  
Alfalachu Indiantoro
Keyword(s):  
Roman Empire ◽  
The Netherlands ◽  
Legal System ◽  
Social Issues ◽  
Civil Law ◽  
Roman Law ◽  
Napoleon Bonaparte ◽  
Legal Foundation ◽  
The World ◽  
Settlement Policy

In this study, the author must focus on legal and social issues that interact with law at the regional (local), national, regional, and international levels. This is to determine the extent to which legislation meets philosophical, sociological, and juridical values. we know that Indonesia is a country that adheres to the European Continental legal system or Civil Law, actually this system came from the Netherlands which at that time colonized Indonesia for more than 350 years, at that time the Dutch laid the legal foundation "Civil Law" is the oldest legal system and most influential in the world. This legal system stems from the Roman-German tradition. Around the 450th century BC, the Roman Empire made their first set of written rules called the "Twelve Tables of Rome". This Roman legal system spread to various parts of the world along with the expansion of the Roman Empire. This legal system was later codified by Emperor Justinus in the 6th century. The Corpus Juris Civilis was completed in 534 AD. When Europe began to have its own government, Roman law was used as the basis of the national laws of each country. Napoleon Bonaparte in France with its Napoleonic Code in 1804 and Germany with its Civil Code in 1896.

11. Roman Law and the European Ius Commune

2020 ◽  
pp. 359-394
Author(s):  
Paul J. du Plessis
Keyword(s):  
Roman Empire ◽  
Western Europe ◽  
Roman Law ◽  
Modern World ◽  
Conceptual Basis ◽  
Legal Tradition ◽  
Ius Commune ◽  
The World ◽  
Common Framework ◽  
Formed Part

The term European ius commune (in its historical sense) signifies that, from the fourteenth to the start of the sixteenth centuries, most of Europe shared a common legal tradition. Many local and regional variations on the law existed, but the terminology, concepts, and structure provided by elements of Roman law provided a common framework. This chapter traces how Justinian’s codification came to influence the modern world. The influence of Roman law in the modern world is immense: it constitutes the historical and conceptual basis of many legal systems throughout the world. Its impact has not been confined to those countries in Western Europe that historically formed part of the Roman Empire. Wherever Europeans went, they normally took their law (usually based to some extent on the principles of Roman law) with them.

scholarly journals Applicability of the 2017 FIDIC Red Book in Civil Law Jurisdictions

2020 ◽  
pp. 1-20
Author(s):  
Omar Hisham Al-Hyari
Keyword(s):  
United Arab Emirates ◽  
Legal System ◽  
Research Method ◽  
Common Law ◽  
Civil Law ◽  
Proper Understanding ◽  
The World ◽  
The Common

Abstract In 2017, the FIDIC launched a new edition of its Red Book—a recommended construction-related contract for building and engineering works designed by the employer. The roots of this book were influenced by the common law legal system, whereas many countries follow the civil law legal system. Amongst the latter countries is the United Arab Emirates, which has attracted construction parties from all over the world. Those who wish to use the Red Book amongst such parties should be acquainted with the local limitations on its applicability. Such acquaintance can provide them with a proper understanding of their rights and obligations. This article discusses these limitations using the doctrinal research method, which included, inter alia, an examination of all relevant decisions by local higher courts during the 2009-2019 period. The discussion shows that such limitations can be confronted owing to conflicts with local judicial jurisprudence and/or mandatory statutory provisions.

Formation of Contract and Stipulations for Third Parties in Indonesia

2018 ◽  
Author(s):  
Gary F Bell
Keyword(s):  
The Netherlands ◽  
Common Law ◽  
Civil Law ◽  
Essential Element ◽  
Contract Law ◽  
Third Parties ◽  
Legal Tradition ◽  
The World ◽  
The Common ◽  
The Law

Indonesia is one of the most legally diverse and complex countries in the world. It practises legal pluralism with three types of contract law in force: adat (customary) contract laws, Islamic contract laws (mostly concerning banking), and the European civil law of contract, transplanted from the Netherlands in 1847, found mainly in the Civil Code (Kitab Undang-Undang Hukum Perdata). This chapter focuses on European civil law as it is the law used for the majority of commercial transactions. The civil law of contract is not well developed and there is a paucity of indigenous doctrine and jurisprudence, since most significant commercial disputes are settled by arbitration. The contours of the law are consistent with the French/Dutch legal tradition. In the formation of contracts, the subjective intention of the parties plays a greater role than in the common law. As with most jurisdictions with a Napoleonic tradition, the offer must include all the essential element of the contract, there is no concept of ‘invitations to treat’ or of ‘consideration’, the common law posting rule is rejected, and the contract is formed only when the acceptance is received. There are generally few requirements of form but some contracts must be in writing and some in a notarial deed.

scholarly journals The Abolition of the Concept of “Causa” in French Civil Law

2021 ◽  
Vol 26 (5) ◽  
pp. 91-102
Author(s):  
Irina Cvetkova
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
General Principle ◽  
Civil Law ◽  
Roman Law ◽  
Individual Interest ◽  
French Law ◽  
Law System ◽  
Binding Force ◽  
Material Interest

Abstract Causa is a subjective motive that determines the content of the obligation or material interest, which encourages the party to the trade to enter into an obligation taking on the associated burdens. In the countries of continental (mainland) Europe that belong to the Romano-Germanic law system, such as Germany, France, and Italy, the goal (objective) of the parties to the trade, causa, is legally significant. In the theory of the Civil law of the Romano-Germanic system, there is a general principle – any obligation arises for some purpose, which is called the basis of obligation. Causa is an individual interest that meets the requirements of the legal system. France was one of the last European countries that did not recognise the contingency theory as a basis for regulating the binding force of a contract. In practice, the courts have faced criticism of the concept of causation from both doctrine and law enforcement practice. In 2016, there was a significant reform of the French law of obligations. Legal science, undeservedly, did not attach due importance to one of the most noticeable innovations within the framework of the mentioned reform – the abolition of the concept of “causa” (reason, basis) of the contract, which until recently was one of the most original features of the French law and originated from Roman law, which was fixed in the Napoleonic Code. In this article, the theoretical provisions for the abolition of the concept of causa in French civil law, within the framework of the reform of the Civil Code, were investigated, and the corresponding conclusions were drawn.

Aristotle's Concept of Responsibility and its Reflection in Roman Jurisprudence

1971 ◽  
Vol 6 (1) ◽  
pp. 39-64
Author(s):  
Moshe Shalgi
Keyword(s):  
Roman Empire ◽  
Fundamental Problem ◽  
Legal Order ◽  
Roman Law ◽  
Nicomachean Ethics ◽  
Legal Thought ◽  
The World ◽  
European Civilization ◽  
Static Body

A fundamental problem in jurisprudence—the justification of subjection to law, the legitimation of the demand to account for one's deeds—is antecedent to the science of law. In furnishing a solution to this problem philosophy shapes qualitatively the nature of the legal order of a society which it underlies. In what follows we shall focus our attention on two outstanding achievements of European civilization in antiquity—attempt to state Aristotle's solution of the problem and point to its counterparts in Roman jurisprudence.It should be noted that Aristotle's views, including his theory of responsibility, underwent certain developments. We shall, however, discuss it in its mature shape in theNicomachean Ethics. As for Roman law, from the Twelve Tables in the 5th century B.C. down to Justinian'sCorpus Juris Civilisin the 6th century A.D., and thereafter, it was never a static body of law. Yet the Corpus is its best known and most widely applied embodiment. It has exerted influence on later European legal thought long after the Roman Empire ceased to exist and inspired many systems of law throughout the world. We shall, therefore, discuss Roman law as it is reflected in that compilation.

THE LAW OF THE SEA CONFERENCE: DRAFTING A CONSTITUTION FOR THE OCEANS OF THE WORLD

Geophysics ◽  
1977 ◽  
Vol 42 (4) ◽  
pp. 890-896
Author(s):  
Howard W. Pollock
Keyword(s):  
New York ◽  
Roman Empire ◽  
New World ◽  
Holy Roman Empire ◽  
Roman Law ◽  
Law Of The Sea ◽  
Charles V ◽  
The World ◽  
King Of France ◽  
Francis I

While a number of concepts date back to Roman Law, the origins of the modern law of the sea might very well be said to have occurred early in the 16th Century. Charles V, King of Spain and Emperor of the Holy Roman Empire, decreed that the seas were to be divided between the Portuguese and the Spanish. His first challenge came from his cousin, Francis I, King of France, who had organized and financed an expedition to explore the New World. Charles sent an Ambassador to Francis reminding him of the imperial decree forbidding all but the Portuguese and Spanish to navigate to the New World. Francis’ answer to the envoy was very straightforward: “Tell my good cousin Charles that if he will show me where in Adam’s will the sea was bequeathed to the Spanish and Portuguese, then I will obey.” Accordingly, Francis’ expedition, led by an Italian, Verrazano, sailed and discovered what is now New York harbor.

scholarly journals Christianity and the Legal Status of Abandoned Children in the Later Roman Empire

2008 ◽  
Vol 24 (1) ◽  
pp. 123-141
Author(s):  
Joshua C. Tate
Keyword(s):  
Roman Empire ◽  
Legal System ◽  
Legal Status ◽  
Law And Society ◽  
Roman Law ◽  
Roman Society ◽  
Actual Impact ◽  
Testing Ground ◽  
The Impact ◽  
Late Roman

A.H.M. Jones, the great British historian of the later Roman Empire, was once asked what difference conversion to Christianity made to Rome. His answer: None. Brutal gladiatorial contests continued to be held, slavery was not abolished, and cruel penalties were laid down for seemingly minor moral infractions. Thus, Jones reasoned, the actual impact of Christianity on secular Roman society is difficult to see. Jones's view, however, has not been universally shared, particularly when it comes to the Roman legal system. Biondo Biondi saw Christianity as bringing about “un profundo rivolgimento” in late Roman law, which had ramifications in many different areas. As a religion, Christianity differed in unmistakable ways from its pagan competitors, and it would be quite surprising if these differences did not have some impact on Roman law and society when Christianity was adopted as the official state religion. The late Roman era offers a fertile testing ground for the impact a nascent religion might have on a society and its legal institutions.

scholarly journals Penegakan Hukum Pidana Terhadap Praktek Perjudian Dalam Ritual Tiwah di Kabupaten Kapuas

2016 ◽  
Vol 15 (2) ◽  
pp. 180-188
Author(s):  
Achmadi Achmadi
Keyword(s):  
Law Enforcement ◽  
The Netherlands ◽  
Criminal Law ◽  
Legal System ◽  
Civil Law ◽  
Community Research ◽  
Legal Research ◽  
Community Or ◽  
The Government ◽  
Adat Law

The Indonesian legal system until now still in effect is a legal system which still facing to the Netherlands the legal system continental Europe or a system of civil law. Evidence of the legal system this is a book the act of criminal law and the book the act of civil law that until recently was are still remain in effect. In spite of in the legal system positive written above system does law another which is regarded remain in effect is a system adat law. Adat law is those laws life and developing in the community. Research non doctrinal in the form of studies empirical aimed to locate theories on the process the occurrence and on the process it work law in the of community or socio-legal research that is analyzed on law enforcement criminal in the sight of law enforcement (as the police) for finding and the process of the investigation and policies the government in support eradication gambling in Kuala Kapuas regency for the Dayaks of ngaju who performs gambling in any nuptial rites tiwah. The concept of gambling in the implementation of the rites tiwah held outside an arrangement of event rites tiwah in the view of unscrupulous law enforcement (police) in the timpah percent the concept is pure gambling, which reversed these activities there are profits gained, to enrich themselves, gambling and the concept of these is gambling that is well planned and organized.

Austria

2015 ◽  
Author(s):  
Alice Perscha ◽  
Richard Frimston
Keyword(s):  
Federal Republic ◽  
Legal System ◽  
Separation Of Powers ◽  
Civil Law ◽  
Roman Law ◽  
The Third ◽  
The Republic ◽  
Constitutional System

The Republic of Austria is a federal republic, divided into nine states (‘Bundesländer’), which have legislative competences of their own. The judiciary is considered to be the third pillar of the Austrian constitutional system, together with legislation and administration; the doctrine of a separation of powers, judiciary, and administration (executive) means that they are separated in all instances. Austria is a civil law country; its legal system is based on Roman law.

The Civil Law in Scotland

2001 ◽  
Vol 5 (2) ◽  
pp. 130-144 ◽  
Author(s):  
William M Gordon
Keyword(s):  
Legal System ◽  
Legal Education ◽  
Civil Law ◽  
General Meeting ◽  
Roman Law ◽  
Annual General ◽  
Annual General Meeting ◽  
The Third ◽  
English Law

This article is a revised version of an address given at the Annual General Meeting of the Stair Society on 6 November 1999. It explores three issues relating to the use of the Civil Law in Scotland. The first is the distinction to be drawn between Roman Law and the Civil Law and the use that can be made of the Civil Law as distinct from Roman Law. The second is the issue of reception of another legal system, the reception of the Civil Law in Scotland in particular, and the countervailing influence of English law. The third is the place of Roman Law and the Civil Law in legal education in Scotland.

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