When it comes to the current Europeanisation of private law, it is little surprise that those, who – referring to Savigny – stress the necessity of an organic legal development, refer to the learned ius commune as historical role model, which had once been pushed back inter alia by the un-beloved codification movement. This essay provides an alternative view on the relationship between the ius commune and current developments in European private law by accentuating the fundamental structural differences between both concepts. It claims that a ‘sceptical’ historical approach might be more useful for the future of Europe than the myth of a ‘paradise lost’.
This paper examines Russia's accession to the (Western) European legal tradition in the mid-19th century. It reviews the key elements of traditional Russian legal culture of the 1820s and 1830s and examins Professor Dmitry Meyer's (1819–1856) contribution to the establishment of westernized Russian science of civil law, reforming legal education, and formation of professional legal consciousness. To illustrate this process this study analyses Meyer's treatment of sale and purchase contracts.
What does legal base mean in eu law essays
The Case of the so called ‚‘ puts light on several important aspects of European Law. The issue firstly leads a historical analysis about the process of withdrawing from the EU under Article 50 of the Treaty on European Union. In particular, it is to see if there are precedent cases or similar legal figures in other jurisdictions, which can represent an important inspiration in this regard. It will allow to analyze in detail the specific provisions of art. 50 and then to understand the nature of the . The argument gives at the same time the opportunity to consider a range of matters connected with the future of the EU as institution.
Articles & Essays | Virginia Law Review
The states on Balkan peninsula received Roman law through the mediation of the Byzantine Empire. The reception of the Byzantine law-books was made easier in the Balkan states by the fact that substantive law was not separated from the law of procedure. Private law was dealt with in conjunction with financial, criminal, and canon law. During the first Bulgarian Empire the principal source of knowledge of Roman law was the albeit the influence of Byzantine law still prevailed. In 1867 a code entitled was introduced in the territory of present-day Bulgaria. Its goal was to harmonize Islamic law with European law, especially with the French Code civil. After gaining independence a code of the law of obligations was promulgated in 1892 and another one pertaining to the law of things in 1904. Their primary model was the Italian and to a lesser degree the Spanish . The traditions of Roman law they relied on are still there in the more recent and similar codes of 1950 and 1951. The influence of the German Pandectist School can also be seen in the legal science in Bulgaria.
Free English School Essays - The Essay Organization
The main topics of paper are the institutional framework and methods of the implementation of Soviet legal ideas and solutions during Stalinism (1949-1956). The paper concentrates on the situation in Czechoslovakia and Hungary. After the short introduction, which is dealing with the history of comparative law in these countries, follow the main part, which focuses on the concrete instruments of Soviet “legal assistance” in post-war Central and Eastern Europe. Among these instruments played dominant role the legal faculties in Budapest and Prague with their departments of Soviet law, further the ministries of justice with their legal institutes and the academic journals of affected countries. Final part of paper describes the process of constitution-making in Czechoslovakia (1948) and Hungary (1949).