scholarly journals Acquisition of ownership by non-owners in the draft of common frame of reference study group for European Civil code

2011 ◽  
pp. 279-291
Author(s):  
Nina Planojevic
Keyword(s):  
Civil Code ◽  
Frame Of Reference ◽  
Study Group ◽  
Legal Basis ◽  
Eu Countries ◽  
Book Viii ◽  
The Subject ◽  
European Civil Code ◽  
Quality Decision ◽  
Common Frame Of Reference

The subject of the paper is analysis of provisions concerning acquisition of ownership by non-owners from the recently presented Book VIII of the Draft of Common Frame of Reference of the Study group for European civil code. These regulative have been commented by the author and compared to the regulative of EU countries, pointing out to similarities, differences as well as discrepancies from solutions. Regulative of acquisition of property by non-owners he considers as divided in six parts: object; legal basis; delivery of goods; self-consciousness of the owner; ownership over the stolen goods and the fortune of the rights of third persons. With slight remarks, the author estimates this project as a complete, purposeful and quality decision. Comparing these decisions of EU countries and those from the Draft, he also estimates the reception of these decisions in Serbia as well, as prospective EU member.

The DCFR, the Avant-projet Catala and French Legal Scholars: A Story of Cat and Mouse?

2008 ◽  
Vol 12 (3) ◽  
pp. 351-373 ◽  
Author(s):  
Ruth Sefton-Green
Keyword(s):  
Research Group ◽  
Working Group ◽  
Civil Code ◽  
Frame Of Reference ◽  
The Political ◽  
Study Group ◽  
Private Law ◽  
Legislative Reform ◽  
European Civil Code ◽  
Common Frame Of Reference

In 2005 a French working group published an Avant-projet de réforme du droit des obligations et de la prescription (“Avant-projet Catala”).1 At the end of 2007 a Draft Common Frame of Reference (“DCFR”) was submitted to the European Commission by the Study Group on a European Civil Code and the Research Group on EC Private Law (Acquis Group).2 How much ink should we spill over such academic proposals for legislative reform, especially if there are misgivings as to substance, content and legitimacy and doubts as to the prospects for implementation? In an attempt to learn from these projects this paper aims to evaluate and reflect on the position of legal scholars on the political legal scene, and to compare the content of some selected provisions. The overall objective is to investigate how the Avant-projet Catala, a proposal to reform the French Civil Code, and the DCFR, a proposal which looks very much like a European Civil Code, fit together: do these projects have different goals or are they in competition with one another? More particularly, this paper investigates whether these French3 and European initiatives are conducive to creating a more European private law or, on the contrary, whether they reinforce legal nationalism.

The Draft Common Frame of Reference (DCFR) as a Basis for a Modern Codification – The Revised Moldovan Civil Code

2019 ◽  
Vol 65 (2) ◽  
pp. 173-206
Author(s):  
Stephanie Pietrunko ◽  
Gesa Richter
Keyword(s):  
Role Model ◽  
Civil Code ◽  
Frame Of Reference ◽  
Consumer Law ◽  
European Civil Code ◽  
Traditional Approaches ◽  
Common Frame Of Reference

Comparing the structures of the general contracts, the consumer law, the general obligations and the specific obligations it is striking that the new Moldovan Civil Code, which came into force on 1st March 2019, is widely influenced by the DCFR of 2009. Ten years later, the Moldovan legislator combined modern European ideas with traditional approaches and brought them together to one national Civil Code. Even if a coherent European Civil Code does still not exist, the analysis illustrates how important the work on harmonisation is and shows not least the success of the DCFR aimed to be a role model for future national legislations.

The European Civil Code Movement and the European Union's Common Frame of Reference

2006 ◽  
Vol 6 (1) ◽  
pp. 4-11 ◽  
Author(s):  
Hugh Beale
Keyword(s):  
Comparative Law ◽  
Civil Code ◽  
Frame Of Reference ◽  
Legal Scholarship ◽  
Legal Studies ◽  
European Civil Code ◽  
Common Frame Of Reference

It is a very great honour to be invited to give this lecture in memory of Willi Steiner. I was not privileged to know him personally but I have long been aware of the enormous contribution that he made to the development of the Squire Library in Cambridge and the library of the Institute of Advanced Legal Studies, of which I have been a grateful user for many years. I am also very aware of Willi's contribution to legal scholarship in general and in particular to comparative law. His work on the Index to Foreign Legal Periodicals is just one example. I hope and believe that the topic on which I am going to speak tonight would have interested him.

scholarly journals The Principle of Good Faith in the Palestinian Civil Code Draft and Its Role in Maintaining Economic Contractual Equilibrium at the Pre-Contracting Phase

2019 ◽  
Vol 12 (3) ◽  
pp. 113
Author(s):  
Osama Ismail Mohammad Amayreh ◽  
Izura Masdina Mohamed Zakri ◽  
Pardis Moslemzadeh Tehrani ◽  
Yousef Mohammad Shandi
Keyword(s):  
Civil Code ◽  
Good Faith ◽  
Tort Liability ◽  
Legal Basis ◽  
Bad Faith ◽  
Legal Provisions ◽  
The Subject ◽  
Contracting Phase ◽  
The Stability ◽  
Definition Of

The jurisprudential and judicial legal trend tends to apply the principle of good faith at the pre-contracting phase as one of the most substantial principles governing this phase, since it is inconceivable that the parties are to negotiate in bad faith, and then must implement the contract in good faith, in accordance with the traditional legal rule that “fraud spoils everything it touches”. However, the Palestinian legislature has ignored enacting legal provisions obliging the parties to abide by the principle of good faith in the pre-contracting phase causing a legislative deficiency in the legislative remedies of the subject of good faith in the pre-contracting phase. This paper seeks to prove that replacing a provision that requires good faith in negotiations with the provisions of tort liability causes many legal problems. To prove this, the legal provisions should be analysed which would also include determining the definition of the principle of good faith, and the function of that principle in achieving contractual equilibrium and the legal basis for this principle at the stage of negotiation which should also be analysed. Moreover, a comparative analytical approach with the French civil code is used to illustrate the Palestinian legislative deficiencies and the need to legislate a legal article which obligates the negotiating parties to behave in good faith, as this has become an unavoidable reality that should be dealt with to contribute to the stability of civil and commercial transactions. As such, the legal article should also specify the compensation to be claimed.

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