Mixed Jurisdictions Worldwide: The Third Legal FamilySouth Africa, Scotland and Quebec are among the seven major systems of 'mixed jurisdictions'--legal systems with both a common and civil law content--analysed in this comparative study. As well as the founding, raisons d'etre and evolutionary tendencies of their mixed law components, also discussed are the cultural divisions of the jurists and the internal contradictions between Anglo-Ame rican judicial institutions, methodologies and procedures, and the substantive civil law. The book concludes that these jurisdictions form a closely related 'Third Legal Family' with cohesive traits and tendencies. |
Avis des internautes - Rédiger un commentaire
Aucun commentaire n'a été trouvé aux emplacements habituels.
Table des matières
| 31 | |
The Republic of South Africa | 83 |
Scotland | 201 |
Louisiana | 257 |
Quebec | 329 |
Puerto Rico | 364 |
The Philippines | 425 |
Israel | 448 |
Conclusions | 469 |
Appendix B Other mixed jurisdictions of the world | 479 |
Index | 485 |
Autres éditions - Tout afficher
Expressions et termes fréquents
adopted Afrikaans American Appellate Division appointed areas Article authority binding British Cape Civil Code civil law Civil Procedure Colony commercial law common common-law Comparative Law Constitution continental contract Court of Appeal Court of Puerto Court of Session cultural delict derecho doctrine droit Dutch Edinburgh English law equity estoppel European example existing Federal Foraker Act forced heirship French Hahlo and Kahn History Ibid influence institutions Israel judges judicial decisions jurisprudence jurists Justice law merchant lawyers Legal System legislation legislature liability Lord Louisiana Civil lower courts mercantile law mixed jurisdictions Natal official language Orange Free Ordinance overrule Palmer Philippines political pollutionists practice pragmatists precedent principles private civil law private law promissory estoppel Puerto Rico Quebec QUESTION reception Report Rican Roman-Dutch law rules Scotland Scots law Scottish source of law South African law Southern Cross Spanish stare decisis statute Supreme Court tion tort Transvaal trust
Fréquemment cités
Page 185 - ... if, whatever a man's real intention may be, he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Page 363 - ... the municipal laws of the conquered territory, such as effect private rights of person and property, and provide for the punishment of crime, are considered as continuing in force, so far as they are compatible with the new order of things, until they are suspended or superseded by the occupying belligerent...
Page 301 - Code undertook to abolish these distinctions by enacting that "every act whatever of man that causes damage to another, obliges him by whose fault it happened to repair it.
Page 151 - An Englishman in Ireland, Minorca, the Isle of Man, or the Plantations, has no privilege distinct from the natives. The 5th, That the laws of a conquered country continue in force until they are altered by the conqueror: the absurd exception as to Pagans, mentioned in Calvin's Case, shows the universality and antiquity of the maxim.
Page 181 - Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage...
Page 268 - in civil matters, where there is no express law, the judge is bound to proceed and decide according to equity. To decide equitably, an appeal is to be made to natural law and reason, or received usages where positive law is silent.
Page 427 - And it is hereby declared that the relinquishment or cession, as the case may be, to which the preceding paragraph refers, cannot in any respect impair the property or rights which by law belong to the peaceful possession of property of all kinds, of provinces, municipalities, public or private establishments, ecclesiastical or civic bodies or any other associations having legal capacity to acquire and possess property in the aforesaid territories renounced or ceded, or of private individuals, of...
Page 366 - State, and the laws of the United States not locally inapplicable shall have the same force and effect within said State as elsewhere within the United States.
Page 25 - The course of such an administration will naturally lead to amendments and improvements, regarding which the people themselves who are to be affected by them should have a voice. The customs and conditions of the people who are to be governed must furnish the true basis for the law under which they are to live, and any attempt to substitute in these southern islands a system of laws based on the experience and characteristics of a New England community would be both oppressive and futile.
