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Abstraction Principle (law)
The abstract system of title transfer () is a legal term in German law relating to the law of obligations () and property law ({{Lang, de, Sachenrecht). Although no express reference to it is made in the German Civil Code (BGB), the concept of separating a personal undertaking to pay or exchange goods or legal rights (e.g. through contract) from the conveyance of title to those goods or legal rights (e.g. through a deed or land registration) is fundamental to German private law (as well as Brazilian law, Greek law, South African law, and Scots law). General features Abstract title transfer is based on the Roman maxim ''traditionibus non nudis pactis dominia rerum transferuntur'': ownership is transferred by delivery and not by contract alone. The abstract system dominates the entire BGB and is vital for the understanding of how it treats legal transactions, such as contracts. For example, under the BGB's system, ownership is not transferred by a sale contract, as in some o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Germany
The law of Germany (), that being the modern German legal system (), is a system of civil law (legal system), civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code (''Bürgerliches Gesetzbuch'', or BGB) were developed prior to the 1949 constitution. It is composed of public law (''öffentliches Recht''), which regulates the relations between a citizen/person and the state (including criminal law) or two bodies of the state, and the private law, (''Privatrecht'') which regulates the relations between two people or companies. It has been subject to a wide array of influences from Roman law, such as the Justinian Code the Corpus Juris Civilis, and to a lesser extent the Napoleonic Code. History German law has been subject to many influences over the centuries. Until Medieval times the Early Germanic Law, derived from the Salic Law of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canon Law
Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. Canon law includes the internal ecclesiastical law, or operational policy, governing the Catholic Church (both the Latin Church and the Eastern Catholic Churches), the Eastern Orthodox Church, Eastern Orthodox and Oriental Orthodoxy, Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislative power, legislated, interpreted and at times court, adjudicated varies widely among these four bodies of churches. In all three traditions, a canon (canon law), canon was originally a rule adopted by a church council; these canons formed the foundation of canon law. Etymology Greek language, Greek / , Arabic language, Arabic / , Hebrew language, Hebrew / , 'straigh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law Legal Terminology
Civil may refer to: *Civility, orderly behavior and politeness *Civic virtue, the cultivation of habits important for the success of a society *Civil (journalism) ''The Colorado Sun'' is an online news outlet based in Denver, Colorado. It launched on September 10, 2018, to provide long-form, in-depth coverage of news from all around Colorado. It was started with two years of funding from blockchain ventu ..., a platform for independent journalism * Civil (surname) See also * {{Disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
African French
African French () is the umbrella grouping of varieties of the French language spoken throughout Francophone Africa. Used mainly as a secondary language or ''lingua franca'', it is spoken by an estimated 320 million people across 34 countries and territories,29 full members of the Organisation internationale de la Francophonie (OIF): Benin, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, DR Congo, Republic of the Congo, Côte d'Ivoire, Djibouti, Egypt, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Madagascar, Mali, Mauritania, Mauritius, Morocco, Niger, Rwanda, São Tomé and Príncipe, Senegal, Seychelles, Togo, and Tunisia. One associate member of the OIF: Ghana.One observer of the OIF: Mozambique.One country not member or observer of the OIF: Algeria.Two French territories in Africa: Réunion and Mayotte. some of which are not Francophone, but merely members or observers of the ''Organisation internationale de la Francophonie''. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Portugal
The Law of Portugal is part of the family of what in English-speaking countries are sometimes called the " civil law" legal systems, referring to legal systems that developed at least in conversation or close ties with systems influenced by the ius commune medieval European tradition of Roman law (however, Scandinavian legal systems are often counted as such, despite the former not penetrating in influence, as opposed to local North Germanic customary law). As such, it has many common features with the legal systems found in most of the countries in Continental Europe. Along its history, the law practiced in Portugal started to be based in the customary law of the indigenous peoples that initially occupied the region, that was later influenced by the Roman and Visigothic laws. From the 13th until the 18th centuries, the main influence was the Justinian and Canon laws. In the 18th century, the main influence started to be the natural law. CAETANO, Marcello«História do Direito ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec Law
Quebec law is unique in Canada because Quebec is the only province in Canada to have a juridical legal system under which private law (including civil) matters are operate by French-heritage civil law. Public law (including criminal law) operate according to Canadian common law. Quebec law is under the shared responsibility of the federal government and the provincial government. According to the Constitution of Canada, these two governments are each responsible for enacting law when it falls under their sphere of competence. As such, the federal government is responsible for criminal law, foreign affairs, commerce, interprovincial transportation, and telecommunications. The provincial government is responsible for property, family law, contract law, natural resources, the administration of justice and several social domains, such as social assistance, healthcare, education. A few areas such as immigration and agriculture have shared jurisdiction. The four classic sources of l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Louisiana
Law in the state of Louisiana is based on a more diverse set of sources than the laws of the other 49 states of the United States. Private law has a civil law character, based on French and Spanish codes and ultimately Roman law, with some common law influences. Louisiana is the only state whose private legal system is based on civil law, rather than the traditional American common law. Louisiana's criminal law, however, does largely rest on common law. Louisiana's administrative law is generally similar to the administrative law of the federal government and other states. Louisiana's procedural law is generally in line with that of other U.S. states, which in turn is generally based on the U.S. Federal Rules of Civil Procedure. Sources Legislation The ''Louisiana Revised Statutes'' (R.S.) contain a significant amount of legislation, arranged in titles or codes. Apart from this, the Louisiana Civil Code' forms the core of private law, the Louisiana Code of Civil Proce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of France
French law has a dual jurisdictional system comprising private law (), also known as judicial law, and public law (). Judicial law includes, in particular: * () * Criminal law () Public law includes, in particular: * Administrative law () * () Together, in practical terms, these four areas of law (civil, criminal, administrative and constitutional) constitute the major part of French law. The announcement in November 2005 by the European Commission that, on the basis of powers recognised in a recent European Court of Justice ("ECJ") ruling, it intends to create a dozen or so European Union ("EU") criminal offences suggests that one should also now consider EU law (" droit communautaire", sometimes referred to, less accurately, as " droit européen") as a new and distinct area of law in France (akin to the "federal laws" that apply across States of the US, on top of their own State law), and not simply a group of rules which influence the content of France's civil, crim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Napoleonic Code
The Napoleonic Code (), officially the Civil Code of the French (; simply referred to as ), is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since its inception. Although Napoleon himself was not directly involved in the drafting of the Code, as it was drafted by a commission of four eminent jurists,Robert B. Holtman, ''The Napoleonic Revolution'' (Baton Rouge: Louisiana State University Press, 1981) he chaired many of the commission's plenary sessions, and his support was crucial to its enactment. The code, with its stress on clearly written and accessible law, was a major milestone in the abolition of the previous patchwork of feudal laws. Historian Robert Holtman regards it as one of the few documents that have influenced the whole world. The Napoleonic Code was not the first legal code to be established in a European country with a civil-law legal system; it was preceded by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Of Sale
In contract law, a contract of sale, sales contract, sales order, or contract for sale is a legal contract for the purchase of assets (goods or property) by a buyer (or purchaser) from a seller (or vendor) for an agreed upon value in money (or money equivalent). An obvious ancient practice of exchange, in many common law jurisdictions it is now governed by statutory law. See commercial law. Contracts of sale involving goods are governed by Article 2 of the Uniform Commercial Code in most jurisdictions in the United States. In Quebec, such contracts are governed by the Civil Code of Quebec as a nominate contract in the book on the law of obligations. In some Muslim countries it is governed by sharia (Islamic law); however, many Muslim countries apply other law to contacts (e.g. the Egyptian Civil Code, based on the Napoleonic Code, which beyond its application in Egypt serves as the model for the civil codes of several other Arab states). A contract of sale lays out the term ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Meeting Of The Minds
Meeting of the minds (also referred to as mutual agreement, mutual assent, or ''consensus ad idem'') is a phrase in contract law used to describe the intentions of the parties forming the contract. In particular, it refers to the situation where there is a common understanding in the formation of the contract. Formation of a contract is initiated with a proposal or offer. This condition or element is considered a requirement to the formation of a contract in some jurisdictions. History Richard Austen-Baker has suggested that the perpetuation of the idea of "meeting of minds" may come from a misunderstanding of the Latin term ''consensus ad idem'', which actually means "agreement to the amething". There must be evidence that the parties had each, from an objective perspective, engaged in conduct manifesting their assent, and a contract will be formed when the parties have met such a requirement. Concept in academic work German jurist Friedrich Carl von Savigny is usually ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Maxim
A legal maxim is an established principle or proposition of law, and a species of aphorism and general maxim (philosophy), maxim. The word is apparently a variant of the Latin , but this latter word is not found in extant texts of Roman law with any denotation exactly analogous to that of a legal maxim in the Medieval or modern definition, but the treatises of many of the Roman jurists on and are to some degree collections of maxims. Most of the Latin maxims originate from the Medieval era in European states that used Latin as their legal language. The attitude of early England, English commentators towards the maximal of the law was one of unmingled adulation. In Thomas Hobbes, ''Doctor and Student'' (p. 26), they are described as of the same strength and effect in the law as statutes. Francis Bacon observed in the preface to his collection of maxims: The use of maxims will be "in deciding doubt and helping soundness of judgment, but, further, in gracing argument, in corre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
