Comparative Intro & Devt of Civil Law
Comparative Law Intro.
- Comparing Dif. Legal Sys.
- Purpose of Law
- Look @ soc. backgrounds & legal sys. together
- In approach
- Levels of Comparisons
- Micro comparison of indiv. rules
- Seal & notaries
- In Amer., not really mean anything
- In civil, all parties went 2 notary & he
made sure parties knew before giving seal as prom. 2 bind K's
- Transfer of deceased estate
- Amer. (NY), transfer 2 estate & exec'or who
can't B for. pers'al rep.
- Civil, not transfer 2 estate & exec'or but
dir'ly go 2 heir
- Macro comparison of legal sys.'s
- Medium comparison of in btwn / area of law
- Prob. oriented comparison
- Use of Comparative Law
- US Approach 2 For. Law
- For. law is quest. of law now but was quest.
of fact before
- When rel. 2 for. law is thin, judges turn it
2 conflict of law
Devt of Civil Law
- Roman Law
- Corpus Juris Civilis in 4 Parts: Bk of Auth.
- Four textbks but given force of law
- Digesta / Pandecta by Gaius
- First piece of leg. in Rome
- Fifty bks compiling excerpts of past
- Prof's wrote digests
- Similar 2 precedents in legal rules
- Compilation of emperor's new decrees in sys.
order by Tribonianus
- All collection of decrees
- Roman Civil Law
- Like C/L b/c
- Commentary in bits & pieces
- Not codified
- Emperor's Const.
- Jurist's & legal experts' opinions
- History of Empire & Influence on Euro.
- Justinian Emperor put together Corpus Juris
- After obscurity, revived when Italy's trade grew
- Catholic church had kept Roman adm. law
- Bologna became city where stud's went 2 learn
- Univ's opened all over Euro.
- Taught Roman law if there's no local law b/c
based on rsn
- Sig. of Corpus Juris
- Bk of auth. 2 bk. of history
- Roman law method, concept kept in Euro. by refining
- Euro. & Legal Scholars
- Law teachers
- Annotations 2 Corpus Juris in 11-13th cent. in
margin / btwn lines
- Historians looking 4 themes / gen. princ. of
- Freer cmt's & interp. how 2 read / arr. in
- Influenced the atty's working for prince of their
- Roman law as history
- Followed trad'al Roman org. of person, thing,
axn but in more refined sys.
- National Codes
- Fred. the Great had codes where no free trade
- Before had French Parlement, cts working closely
- Code Civile / Napoleonic Code of 1804
- Mixed Roman (S. France) & trad'al French
customary law (N.)
- Freedom w/codification
- Abstract lang. but followed person, thing, axn
- Five codes
- Civ. pro
- Crim pro
- Org. of civil code
- Arr'ed in person, things, axn bks
- Judges Restricted
- Only refer 2 leg.
- No Const'al rev.
- Now freer
- Germany (Germ.)
- Codification Unified Germ.
- Five Codes
- Crim. proc.
- Civil proc.
- More precise than French
- Org. of civil code
- Gen. part in Bk 1 applies 2 all
- Each bk begins w/gen. stuff that applies only
2 that bk
- Rearr'ed from Gaius so oblgn in bk2, things in
bk3, family law in bk4, & law of succession in bk5
- Gen. cl's incl'ed b/c knew couldn't ans. all
- Ex w/dec'ing cases under good faith then later
org'ing cases 2 put new leg. 4 standardized K
- Fed. & State codes
- Substantive Law Compared
- New Codes
- New enactment of codes said all prev. codes cease
- Amer. UCC only says new ones R add'al 2 old ones
- K Law Compared w/Growing Busi. World
- Follow Roman law & is in bits & pieces
- Offer can B revoked any X until offer accepted
- Binding if written, signed, & consid. /
- Rsbly expected 2 induce axn on offeree
- UCC § 2-205 says not revocable 4 goods 4
- Mail box rule that offeror can't w/draw offer
when offeree sends acceptance the moment it's in mail, even if
offeror never gets it
- Gen. K's enforceable if not immoral / illegal
- Offer can B revoked any X
- Can recov. damages if revoke before acceptance
- Can revoke offer until accepted
- Irrevocable offer if offeror says will open until
- Once mail get 2 address, presumption of knowledge
- If offeree starts perf. & offeror revokes
before K concl., must pay damages 4 cost
- Offer irrevocable 4 due X
- If w/draw, other party can ask 4 specif. perf.
- Better 4 busi. reliability
- Retalk about K if unfair 2 1 party
- Euro. Viennese Convention
- No mailbox theory but presumed 2 know when mail
get 2 box
- Can revoke but must pay damages
- Good Faith Purchase of Stolen / Illegit. Movable
- Nobody can sell what he doesn't have
- Orig. owner can get things back from bona fide
- Ownership only transf. by owner except 4 prop.
pass through hand like $
- Bf buyer can get title 2 goods if seller had
voidable title by good faith
- Orig. owner can't sue bf buyer if vol'ly parted
- Poss'n = 2 title but orig'al owner can get it
back w/in 3 yrs. if it was stolen / lost by reimbursing bf buyer
- Can't get it back if orig. owner vol'ly gave
up like lending
- Protects priv. cit.
- As long as good faith, acq. ownership even if
- Orig. owner can only sue if bf buyer not act
in good faith
- Protects busi.
- 2 K's
- K of oblgn
- K 2 deliv. / transf. title & poss'n
- Gen.'ly, if buy from 1 w/o title in good faith,
then have title
- Exception if stolen / orig. owner didn't vol'ly
part then no title
- Btwn French & Italian soln
- Priv. & Pub. Law
- Only in civil world
- Pub. law is more flexible
- Relative & Abs. Rts
- Only in C/L
- Abs. against whole world but relative if quest.
of rel. btwn multiple parties
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Law School Notes
Ms. Haeji Hong