Suchergebnisse

Abstract
Taking into account the recent change in Romanian civil legislation, we consider the present scientific material very useful for an overview of this institution under the auspices of the New Civil Code. The national legal provisions set clear, therefore, that the property is divided into two institutions, the public property and the private property. Property classification is very important in this form for us to understand the legal nature and the applicable regime for each type of property. Moreover, the property right, either private or public, has an elite regulation in most European laws, but also in universal laws the respect for it and the guarantee of this right can be also found in the fundamental human rights, in the international treaties, and in the constitutions of different nations. We will try, therefore, to offer a brief overview of the new Romanian legislation in the mentioned field, which is already harmonized with European legislation, the result being the New Romanian Civil Code. We believe that the interpretation should be considerably more extensive, but - pragmatically - we will try to capture the main theoretical and practical features to denote the importance of this institution.

Difficulties emerging from the adoption of Western law in Turkey have resulted in two opposing arguments. One is that the country's mores & customs need to be examined with a view to bringing the legal system more into accord with them. The other places the emphasis on the need for modernization of Turkey. Actually, changes in each area are advantageously complementary to changes in the other. It is definite that a recasting of the Turkish Civil Code Is necessary. B. J. Keeley.

First of all, I would like to thank Holger Knudsen, a good old friend, for this invitation. It is very important for us Brazilians to get an opportunity to talk about our new Civil Code, since it has been harshly criticized for its bad sides and warmly praised for its good ones. I also would like to thank the Law Librarians' Discussion Group, which has organized this event, and you for your presence and interest in this subject.

AbstractMost legal scholars assume that there are only two "families" of legal systems in the world: common law and civil law. Briefly, common law is applied in all countries that speak the English language and has its origination from the "habits of society." On the other hand, civil law is applied just about everywhere else, with a few exceptions, such as in tribal law areas, jurisdictions that follow Islamic law, and a few other smaller legal systems. Brazil's New Code of Civil Procedure was promulgated in 2015 and brought innovations to Brazilian law. Elements of common law were incorporated into the Brazilian legal system, particularly that of using precedent. The application of common law elements in Brazilian law is being studied by various legal specialists. This present study explains how common law can be applied in civil law jurisdictions, similar to the way it is being adapted and applied in Brazil.

"The Swiss Civil code which forms the basis of this inquiry, was passed by the Swiss Parliament in December, 1907, and came into force on the 1st of January, 1912."--Introd. ; "List of authorities" : p. [190]-191. ; Mode of access: Internet.