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This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.
The primary purpose of this book is to dispel some misunderstandings -- or even erroneous views -- on what a ''code'' is and, more specifically, how one can work with a ''civil code.'' The text explains that in a civil law system, codification is the product of the combination of three sources of law: legislation, jurisprudence or court cases, and doctrine or legal scholarship. It then analyzes the many different methods of reasoning and interpretation that can be used under a civil code and illustrates these methods as applied to code articles and to three decisions of the Louisiana Supreme Court. Thus, the book explains and justifies the 'long lasting life'' of civil codes, particularly the French Civil Code of 1804 (also referred to as the Code Napoleon) and the Louisiana Civil Code of 1825.
The primary objective of this work is a study of tort law in the United States and Louisiana. It differs from most other torts casebooks, however, in that it has a secondary objective of providing an exercise in comparative law. In the United States, we often overlook the fact that the common law system that prevails in our nation is not the only legal system in the world. Much of the world applies a civil law approach in which a civil code has a more prominent role than case law. In a world in which trade and economics, politics, and law cross national borders, it has become increasingly important to be aware of and conversant in other nations' legal systems. Louisiana, the only state in the United States that can be described as a mixed jurisdiction, using both civil law and common law, provides an excellent model for examining and comparing and contrasting civil law and common law approaches to various legal issues.This book invites the reader to both study tort law and consider the differences and similarities between the common law states and a state that has a civil code and views the role of the courts and the legislature somewhat differently.
This 2020 edition of the Louisiana Civil Code contains all articles as amended through the 2019 Regular Legislative Session. Printed in a user friendly format, this edition contains a detailed table of contents and easy to read text. No excessive editorial materials and no dual columns. Perfect for both the briefcase and courtroom. MSRP: $99.99
This annotated version of the Louisiana Civil Code provides a comprehensive guide to the laws that govern the state. In addition to the text of the code itself, the volume includes extensive commentary and analysis, making it an indispensable resource for legal scholars and practitioners. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.