Civil Law Codes - Civil Law - Lecture Slides, Slides of Civil Law

Download Civil Law Codes - Civil Law - Lecture Slides and more Slides Civil Law in PDF only on Docsity! Civil Law Codes The two most influential civil codes in the world? (1) Who follows (2) Nature of rules Docsity.com Civil law codes “… the basic codes remain to the civilian, as the common law remains to us, the very core of the legal order, containing not only rules but also the general principles which give life and systematic direction to every positive norm…” Rudolf Schlesinger (1959)  Why survived? (Kate, Jordan)  Drawbacks? (Leslie, Jenny) Docsity.com Civil law codes Belgium(1804) Brazil Indochina Italy Japan Netherlands Nordic countries Northern Africa Portugal Spain Latin America Switzerland Docsity.com Civil law codes Belgium Brazil (1916) Indochina Italy Japan Netherlands Nordic countries Northern Africa Portugal Spain Latin America Switzerland Docsity.com Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic countries Northern Africa Portugal Spain Latin America Switzerland Docsity.com Civil law codes Belgium Brazil Indochina Italy Japan Netherlands (1838 / 1967) Nordic countries Northern Africa Portugal Spain Latin America Switzerland Docsity.com Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic countries Northern Africa Portugal Spain Latin America Switzerland Docsity.com Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic countries Northern Africa Portugal Spain Latin America Switzerland Docsity.com Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic countries Northern Africa Portugal Spain Latin America Switzerland Docsity.com Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic countries Northern Africa Portugal Spain Latin America Switzerland (Turkey 1926) Docsity.com Civil law codes French Civil Code I. Persons II. Property III. Ways one acquires property Jean-Étienne-Marie Portalis German Civil Code I. General part II. Law of obligations III. Law of property IV. Family law V. Law of succession Docsity.com French Civil Code Family law rules? 1. Divorce is “effective end of marriage relationship” 2. Sperm donor cannot be subject to paternity suits 3. Surrogate mother loses maternal rights if gives consent before notary 4. Illegitimate children have no rights Docsity.com French Civil Code Family law rules? 1. Divorce if “effective end of marriage relationship” 2. Sperm donor cannot be subject to paternity suits 3. Surrogate mother loses maternal rights if gives consent before notary 4. Illegitimate children have no rights Docsity.com French Civil Code Property rights? 1. Types of property are immovables and movables 2. Usufruct is the right for life to enjoy property and proceeds (like life estate) 3. Use is right to use property, but not proceeds 4. Condos, important in France, are not regulated in Civil Code Docsity.com French Civil Code Succession? 1. The first topic of Book III is successions (regulate aristrocracy) 2. Individual can bequeath as chooses, including disinheriting children 3. If person has one child, child inherits at least 50% 4. If person has two children, they inherit 75% 5. Future interests are prohibited Docsity.com French Civil Code Torts? 1. “Obligations that arise without contracts” 2. The rules on torts are essentially unchanged since 1804 3. The Civil Code requires the purchase of insurance by those in dangerous occupations 4. Parents can be liable for the torts of their children Docsity.com French Civil Code Torts? 1. “Obligations that arise without contracts” 2. The rules on torts are essentially unchanged since 1804 3. The Civil Code requires the purchase of insurance by those in dangerous occupations 4. Parents can be liable for the torts of their children Docsity.com French Civil Code Companies? 1. A company is association of two or more persons to carry out business 2. A one-person company is impossible 3. Companies are governed exclusively by the Commercial Code 4. Limited liability entities are all governed by Commercial Code (LLCs, limited partnership, corporations) Docsity.com French Civil Code Companies? 1. A company is association of two or more persons to carry out business 2. A one-person company is impossible 3. Companies are governed exclusively by the Commercial Code 4. Limited liability entities are all governed by Commercial Code (LLCs, limited partnership, corporations) Docsity.com Civil law codes Why do civil codes survive “war, revolution, political dismemberment”? In fact, why are civil codes more permanent than constitutions? What is “decodification”? Docsity.com German Civil Code Juristic person? 1. Association 2. Foundation 3. Partnership 4. Close corporation 5. Public corporation Docsity.com German Civil Code Obligations? 1. There is no technical requirement of consideration 2. Notarial form is required for a unilateral gift 3. Contracts are created by mutual consent 4. The Civil Code protects tenants, discouraging new construction 5. Employment periods differ for manual and clerical workers Docsity.com German Civil Code Obligations? 1. There is no technical requirement of consideration 2. Notarial form is required for a unilateral gift 3. Contracts are created by mutual consent 4. The Civil Code protects tenants, discouraging new construction 5. Employment periods differ for manual and clerical workers Docsity.com German Civil Code More obligations? 1. The relationships of principal and agent are treated as “mandates” 2. Civil law partnerships (not involving merchants) are regulated by BGB 3. Delicts, treated with more specificity than the French Civil Code, are viewed as a subset of obligations 4. Discovery of documents from a third-party arises only if substantive duty Docsity.com German Civil Code Family law? 1. All provisions on property are subject to principle in German Constitution: “Men and women shall have equal rights” 2. One of first things Allied Control Council did after WWII was to replace racist Nazi marriage law 3. Reflecting the value given marriage, there is only “fault” divorce 4. Married couples can by notarial agreement choose their own “property regime” Docsity.com German Civil Code Family law? 1. All provisions on property are subject to principle in German Constitution: “Men and women shall have equal rights” 2. One of first things Allied Control Council did after WWII was to replace racist Nazi marriage law 3. Reflecting the value given marriage, there is only “fault” divorce 4. Married couples can by notarial agreement choose their own “property regime” Docsity.com