Author: Marcel Planiol
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages :

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Book Description

Author: Gregory W. Rome
Publisher: Quid Pro, LLC
ISBN: 9781610270816
Category : Civil law
Languages : en
Pages : 91

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Book Description
With obscure terms like 'emphyteusis' and 'jactitation, ' the language of Louisiana's civil law can sometimes be confusing for students and even for seasoned practitioners. But the 'Louisiana Civil Law Dictionary' can help. It defines every word and phrase contained in the index to the Louisiana Civil Code, plus many more - in clear and concise language - and provides current citations to the relevant statutes, code articles, and cases. Whether you are a student, researcher, lawyer, or judge, if you deal with Louisiana and its laws, this volume will prove indispensable. It is also a valuable resource for notaries and paralegals. No doubt common law practitioners in other states, too, will find ready uses for a dictionary that translates civil law terminology into familiar concepts; they will know how 'naked ownership' differs from 'usufruct.' And since the civil law dominates the world's legal systems, this book will find a home with libraries and scholars in many countries, anywhere there is a need to compare civil law terms with those of the common law. "Rome and Kinsella have done a huge service to legal scholarship by assembling the 'Louisiana Civil Law Dictionary' - a splendid resource for those seeking to understand the rich vocabulary of Louisiana law." - Bryan A. Garner, President, LawProse, Inc.; and Editor in Chief, 'Black's Law Dictionary' "For ready reference on the desk or in a personal or law firm library, in the office of a civilian of any walk of practice or intellectual endeavor, this enormously helpful dictionary is a must. This scholarly reference is essential to the study of the civil law tradition; the 'Louisiana Civil Law Dictionary' serves as a gateway to understanding the civil law system embraced by the majority of legal systems in the world." - J. Lanier Yeates, Member, Gordon Arata McCollam Duplantis & Eagan, LLC

Author: John A. Lovett
Publisher:
ISBN: 9781611630770
Category : Property
Languages : en
Pages : 0

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Book Description
Louisiana Property Law: The Civil Code, Cases, and Commentary is the first new case book in its field in more than a generation. Authored by three experienced scholars from Louisiana, this book presents classic and current cases in a rich contextual setting informed by contemporary property scholarship from the United States and abroad. After introducing the origins and sources of Louisiana property law, each chapter situates Louisiana property jurisprudence in its codal and doctrinal context. In addition to explaining the history, structure, and meaning of relevant provisions of the Louisiana Civil Code and ancillary statutes, the book introduces readers to property texts from mixed jurisdictions such as Québec, South Africa, and Scotland, and compares Louisiana and common law property institutions. In light of this comparative approach, the book will appeal to scholars interested in alternative regulatory models for the law of property. Specific topics include: Sources of Louisiana Property Law (Chapter 1); Ownership, Real Rights, and the Right to Exclude (Chapter 2); The Division of Things (Chapter 3); Classification of Things--Of Movables and Immovables, Corporeals and Incorporeals (Chapter 4); Voluntary Transfers of Ownership (Chapter 5); Accession (Chapter 6); Acquisition of Ownership through Occupancy (Chapter 7); Possession and the Possessory Action (Chapter 8); Acquisitive Prescription with Respect to Immovables (Chapter 9); Vindicating Ownership through Real Actions (Chapter 10); Co-Ownership (Chapter 11); Usufruct (Chapter 12); Natural and Legal Servitudes (Chapter 13); Conventional Predial Servitudes (Chapter 15); Limited Personal Servitudes--Habitation and Right of Use (Chapter 15); and Building Restrictions (Chapters 16).

Author: Alain A. Levasseur
Publisher:
ISBN: 9781611631623
Category : Obligations (Law)
Languages : en
Pages : 0

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Book Description
To order a paperback version of this casebook, please click here. This innovative coursebook on Louisiana's law of obligations covers the law of contractual obligations in particular and the General Principles that govern the whole law of "Obligations." It features carefully edited excerpts from Louisiana judicial opinions and scholarly writings, as well as citations to pertinent articles of the Louisiana Civil Code. Additionally, this coursebook includes features that most others do not. Following each case is a series of questions, some designed to direct students to the significant points of the court's analysis, others designed to deepen students' understanding of civil law methodology. This book not only provides students (and lawyers) with a comprehensive introduction to Louisiana's law of Obligations, but also invites readers to draw comparisons between that law and the complimentary law of other legal systems. "Many will praise the authors for having adopted and applied all through this casebook an approach intentionally comparative as evidenced by the sub-title of the work... One will recognize all through this volume the well-known qualities and features that are customarily found in the scholarly world of the 'civilistes', the specialists of the civil law: a well-organized and structured thinking process unfolding according to a clear and logical plan and expressed in a precise and elegant language." -- Xavier Blanc-Jouvan, Professor emeritus University of Paris II; Treasurer, International Academy of Comparative La; former President, Société de Législation Comparée (translated from French)

Author: David J. Bederman
Publisher: Cambridge University Press
ISBN: 1139493663
Category : Law
Languages : en
Pages :

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Book Description
A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.

Author: Agustín Parise
Publisher: BRILL
ISBN: 9004338209
Category : Law
Languages : en
Pages : 393

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Book Description
In Ownership Paradigms in American Civil Law Jurisdictions Agustín Parise assists in identifying the transformations experienced in the legislation dealing with ownership in the Americas, thereby showing that current understandings are not uncontested dogmas. This book is the result of research undertaken on both sides of the Atlantic, and covers the 16th to 20th centuries. Agustín Parise offers readers a journey across time and space, by studying three American civil law jurisdictions in three successive time periods. His book first highlights the added value that comparative legal historical studies may bring to Europe and the Americas. It then addresses, in chronological order, the three ownership paradigms (i.e., Allocation, Liberal, and Social Function) that he claims have developed in the Americas.

Author: Thomas Jenkins Semmes
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 50

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Book Description

Author: Floyd A. Buras III
Publisher: AuthorHouse
ISBN: 1504970322
Category : Law
Languages : en
Pages : 69

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Book Description
The Mayors Court is Louisianas most numerous type of court, with about 250 of these courts across the state, yet very little appears to be known about them. Out of the fifty states, only Louisiana and Ohio still use these courts. Under this system of informal tribunals, a town mayor essentially acts as prosecutor, judge, and jury to enforce municipal ordinances. There is no requirement that a mayor presiding over one of these courts should possess a law degree or have any legal training. Likewise, the inherent duty of mayors to raise revenue creates a potential bias that could cause mayors to convict defendants solely for financial gain. Although their existence is vested under the Louisiana Constitution, there is very limited statutory guidance or procedural safeguards to govern these courts. Many of the few attempts that have been made to interpret laws governing these courts have been misguided and have lead to incorrect court decisions. As a result, the possibility exists for defendants before these courts to be unfairly convicted. This book provides an overview of the mayors courts in Louisiana and examines a few due process concerns that arise from these courts existence.

Author: E. Picard
Publisher: Kluwer Law International B.V.
ISBN: 9041142045
Category : Law
Languages : en
Pages : 527

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Book Description
Introduction to French Law is a very practical book that makes clear sense out of the complex results of the complex bodies of law that govern the most important fields of law and legal practice in France today. Seventeen chapters, each written by a distinguished French legal scholar, cover the following field in substantive and procedural detail, with lucid explanations of French law in the fields such as Constitutional Law , European Union Law, Administrative Law, Criminal Law , Property Law , Intellectual Property Law , Contract Law , Tort Liability, Family Law, Inheritance Law , Civil Procedure, Company Law, Competition Law , Labour Law , Tax Law and. Private International Law

Author: Vernon V. Palmer
Publisher: Lawbook Exchange, Limited
ISBN: 9781616193263
Category : Law
Languages : en
Pages : 0

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Book Description
A path-breaking and masterly study of Louisiana slave law, this fascinating study offers an examination of the complex French, Spanish, Roman and American heritage of Louisiana's law of slavery and its codification, a profile of the first effort in modern history to integrate slavery into a European-style civil code, the 1808 Digest of Orleans, a trailblazing study of the unwritten laws of slavery and the legal impact of customs and practices developing outside of the Codes, an analysis that overturns the previous scholarly view that Roman law was the model for the Code Noir of 1685, a new unabridged translation (by Palmer) of the Code Noir of 1724 with the original French text on facing pages. "A very useful addition to the growing literature on the law of slavery, this book is particularly important in helping understand the complexity of the Louisiana Code Noir and its impact on American slave law. Palmer's discussion of how the Code came to be written will surprise and educate those who read this book. " --Paul Finkelman, John Hope Franklin Visiting Professor of American Legal History Duke University School of Law and President William McKinley Distinguished Professor of Law, Albany Law School "When it comes to demystifying slave law in Louisiana, Vernon Palmer is practically peerless. It's probably because he is equally comfortable in the weeds of lived experience as he is poring over the pages of classical learning. These masterful essays on the Code Noir's origins, plus Louisiana's 150-year interplay between custom and legal practice, belong on the shelf of anyone with the faintest curiosity about human bondage and the laws fashioned to make it work." --Lawrence N. Powell, Professor Emeritus, Department of History, Tulane University "Slavery remains a current social and political problem, and Vernon Palmer s brilliant work illuminates its history, showing its legal and social complexity through a study primarily of Louisiana, where slavery was included in the first civil codes. Beautifully written, humane and insightful, this monograph will promote reflection on the fascinating legal history of Louisiana as well as on the famous Tannenbaum thesis." --John W. Cairns, FRSE, Chair of Legal History, University of Edinburgh "Palmer has written a path-breaking and splendid account of how Louisianians, newly under American rule, wrote the first modern codes that incorporated slavery in a systematic way into their civil law. Until now, ignored by scholars, these codifications moved slavery from the edges of the legal system to the very center stage in Louisiana courtrooms. The redactors of these codes implanted provisions about slavery into the law of persons, property, successions, sales and prescription, producing a unique Atlantic World slave law of incomparable richness and complexity unseen in other legal systems." --Judith Kelleher Schafer author of Slavery, the Civil Law and the Supreme Court of Louisiana and Becoming Free, Remaining Free: Manumission and Enslavement in New Orleans, 1846-1862