Ervig and Capital Penalties: The Way of Exile

2020 ◽  
Author(s):  
Céline Martin
Keyword(s):  
Legal System ◽  
Turning Point ◽  
Civil Law ◽  
Seventh Century ◽  
Roman Law ◽  
Penal System ◽  
Long Time ◽  
Reform Needs ◽  
The Way ◽  
Late Roman

The legal system of the Visigothic Kingdom was significantly indebted to Roman law, and for a long time it preserved the Late Roman capital penalties of death and deportation. Yet, Ervig’s reign appears to be marked by a turning point, at the end of the seventh century: his laws ended the coexistence of both penalties in the Visigothic penal system, leaving exile as the only punishment incurred by political and religious offenders. Such a reform needs to be carefully weighed: was it a real break with prior penal practice? Can it be interpreted as a Christian reform of the civil law? And what about the seemingly increasing confusion between exile and servitude?

scholarly journals Transfer of Risk of Loss in Turkish Law and International Treaties

2020 ◽  
Author(s):  
Almıla Özkan ◽  
Ayşe Sena Aksakallı
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Vienna Convention ◽  
Legal Systems ◽  
International Treaties ◽  
Law System ◽  
Common Law System ◽  
The Way

The risk of loss refers to the value of the goods that were damaged or destroyed without responsibilities of any party. While the matter of risk of loss differs from legal systems to legal systems, it has been subject to international treaties as well. In Turkish legal system, the abrogated Code of Obligation and Turkish Code of Obligations have different features in terms of transfer of risk of loss. According to abrogated Code of Obligation, the buyer is responsible for the value of the damaged goods as soon as the parties sign the contract. In Turkish Code of Obligations, the seller bears the risk of loss until the delivery of goods or registration. Turkish Code of Obligation is compatible with civil law. And abrogated Code of Obligation is compatible with common law system. There are rules regarding transfer of risk of loss in many international treaties. By the way, it must be stated that rules of transfer of risk of loss in Vienna Convention are compatible with Turkish Code of Obligations.

HAK WARIS ANAK PEREMPUAN TIONGHUA DALAM PRESFEKTIF HUKUM (STUDI DI KABUPATEN SEKADAU)

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Michell Eko Hardian
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Legal Pluralism ◽  
Customary Law ◽  
Essential Difference ◽  
Inheritance Law ◽  
High Position ◽  
Middle Way ◽  
Inheritance System ◽  
Long Time

The Tionghoa community is one ofLegislation of Civil Law (Burgelijk Wetboek), it is displaying the existence of legal pluralism in Indonesia.the societies that populated for a long time and it is almost evenly spread in Indonesia. In several case of Tionghoa communities especially in terms of inheritance, a Tionghoa customs is continued to be used which are intended to regulate the differences rghts of boys and girls. In Tionghoa culture, boys are at high position because they are the successors of the clan (clan), contrariwise in Legislation of Civil Law (KUH Perdata) the position of girls and boys are equal. The gap of this differences fascinates the author to apply a research that will be published as a journal with the identification of the problem: How is the inheritance rights of Tionghoa girls toward the inheritance distribution in a legal perspective.This research uses a sociological juridical approach as means of a qualitative method. It is intended to provide a detailed explanation of the phenomenon which difficult to convey in form of quantitative method, to describe the differences between inheritance law that applies to Tionghoa communities and the inheritance legal system according to theThe results of this research confirm an essential difference between the customs and habits of Tionghoa communities and the inheritance legal system according to the Legislation of Civil Law (Burgelijk Wetboek), namely the Tionghoa Indonesian community assign the son as a truly successors of the inheritance of their parents. Therefore, the position of sons is more higher than girls because of the inheritance of the clan. In other hand, the girl does not obtain rights to inherit because the girl will follow her husbands when married.In Legislation of Civil Law (The position of girls and boys are equals, because the Legislation of Civil Law especially adheres to an individual inheritance system, bilateral and parental. In addition to these, the Legislation of Civil Law also know the terms of absolute part of the inheritance (legitime portie), whereas according to customary law; the position of Chinese is different, where the position of boys is higher than girls, this is because boys will take a responsibility to carry the name of their clan (clan) endlessly to the next descendants.The author recommend suggestions consider with with today’s developments and to accomplish the demands of a sense of justice, it is better for girls inherit without being discriminated. Meanwhile, the customs and culture are entrenched. However, a compromise is the middle way as resolution. It is consider with the inheritance law of Indonesia occurs a legal pluralism that influenced by religion, ethnicity and customs, therefore customary laws that was born from the traditions of the Tionghoa community enable to be enforced.

scholarly journals Les réactions de la doctrine à la création du droit civil québécois par les juges : les débuts d'une affaire de famille

2005 ◽  
Vol 21 (2) ◽  
pp. 257-275 ◽  
Author(s):  
Pierre-Gabriel Jobin
Keyword(s):  
Twentieth Century ◽  
Legal System ◽  
Turning Point ◽  
Common Law ◽  
Civil Law ◽  
Legal Issues ◽  
Full Time ◽  
History Of ◽  
Local Traditions ◽  
Legal Writers

The middle of the twentieth century marked a turning point in the history of scholarly writings on the civil law in Québec. The emergence of a full-time teaching body in the law faculties entailed consequences of primary importance: publications gained not only in quantity, but also in quality and diversity and, in particular, the reactions of legal writers to judge-made law became frequent and substantial. The relations between legal writers and judges illustrate, here as elsewhere, the particular situation of the Québec legal system at the crossroads of civil law and common law. For instance, due to the British-inspired method of appointing judges and some local traditions, judges are personally known to many professors. Furthermore, decisions of the courts, most of the time, are written in a learned style, the merits of the legal issues being discussed and doctrinal opinions being quoted with approval or criticism. These relations between the writers and the judiciary may explain the great interest of legal writers in judge-made law and their perhaps insufficient sense of critical responsibility vis-à-vis that law. Legal writers and judges have the great advantage of speaking the same language and of maintaining a dialogue — an advantage which benefits law itself and the whole community.

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.

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 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.

scholarly journals PEMBERDAYAAN GUGATAN SEDERHANA PERKARA PERDATA GUNA MEWUJUDKAN PENYELENGGARAAN PERADILAN BERDASARKAN ASAS SEDERHANA, CEPAT DAN BIAYA RINGAN

2019 ◽  
Vol 48 (1) ◽  
pp. 98
Author(s):  
Benny Riyanto ◽  
Hapsari Tunjung Sekartaji
Keyword(s):  
Legal System ◽  
Civil Law ◽  
District Court ◽  
Legal Rights ◽  
Civil Case ◽  
Long Time ◽  
Small Claims ◽  
Small Claims Court

The usual legal system of civil law often require an expensive cost, a complicated and takes long time to complete a case. The demand to resolve small civil case through special legal system is increase. Gugatan sederhana (adopted from Small Claims Court) is an alternative legal system provided in the district court to settle the civil case that are more accessible and effective in maintaining legal rights for justice seekers. The empowerment of gugatan sederhana starts in the district court because it is the first level court to go to resolve the civil case faced by justice seekers.

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.

Kultura prawna w Polsce przed założeniem Akademii Krakowskiej

2017 ◽  
Vol 15 (2) ◽  
pp. 37-60
Author(s):  
Artur Lis
Keyword(s):  
Human Activity ◽  
Legal System ◽  
Canon Law ◽  
Turning Point ◽  
Customary Law ◽  
Roman Law ◽  
Legal Regulations ◽  
13Th Century ◽  
Social Community ◽  
The Given

Culture is a very complex reality of human existence, which is comprehended in its different aspects. By the object of culture they are all products of human activity, events, behaviors ordered in certain examples present in societies in the form of rules of conduct which are determined by customs, morality and legal regulations. The acceptance of Baptism by Mieszko I of Poland in 966 was the turning point in the Polish history. The country of the first Polish Piast was rooted in the culture of the international community of European states. This situation favored the influence of certain rights of the foreign Polish legal system. In the then practice of Slavic states, the legal system was based on a tribal customary law (i.e., universally recognized, time-honored form of behaving, accepted in the given social community). From the 12th and 13th centuries the knowledge of Roman law and canon law broadened in Poland. During this period, developing the legal thought was based on both types of law. Knowledge of those systems derived from various sources. This process was used for the import of legal manuscripts of Roman and canonistic study to Poland. An example of the reception of Roman law and canon law in Poland until the beginning of the 13th century is the Chronicle of Poland by Master Vincent called Kadlubek (c. 1150–1223). The document is one of the most important and most abundant sources of law in this period.

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