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Dutch Civil Code
The ''Burgerlijk Wetboek'' (or BW) is the Civil Code of the Netherlands. Early versions were largely based on the Napoleonic Code. The Dutch Civil Code was substantively reformed in 1992. The Code deals with the rights of natural persons (Book 1), legal persons (Book 2), patrimony (Book 3) and succession (Book 4). It also sets out the law of property (e.g., ownership, possession, and security interests) (Book 5), obligations (Book 6) and contracts (Book 7), and conflict of laws (Book 10). Proposed amendments will add a Book on intellectual property. The codification of laws is still being used in Indonesia as a pinnacle of the private laws besides Sharia law and custom laws. The laws initially applied only to Dutch settlers and foreign traders, such as Chinese traders, Indian traders and Arab traders during the Dutch colonial era in Dutch East Indies, but after the independence of Indonesia in 1945, the government decided to retain the old Dutch law, expanded in use to indigenous ...
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Civil Code
A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code. History The history of codification dates back to ancient Babylon. The earliest surviving civil code is the Code of Ur-Nammu, written around 2100–2050 BC. The Corpus Juris Civilis, a codification of Roman law produced between 529 and 534 AD by the Byzantine emperor Justinian I, forms the basis of civil law legal systems. Other codified laws used since ancient times include various texts used in religious law, such as the Law of Manu in Hindu law, Islamic Sharia law, the Mishnah in Jewish Halakha law, the Canons of the Apostles in Christian Canon law. European codes and influences on other continents Th ...
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Batavian Republic
The Batavian Republic ( nl, Bataafse Republiek; french: République Batave) was the successor state to the Republic of the Seven United Netherlands. It was proclaimed on 19 January 1795 and ended on 5 June 1806, with the accession of Louis Bonaparte to the Dutch throne. From October 1801 onward, it was known as the Batavian Commonwealth ( nl, Bataafs Gemenebest). Both names refer to the Germanic tribe of the ''Batavi'', representing both the Dutch ancestry and their ancient quest for liberty in their nationalistic lore. In early 1795, intervention by the French Republic led to the downfall of the old Dutch Republic. The new Republic enjoyed widespread support from the Dutch populace and was the product of a genuine popular revolution. However, it was founded with the armed support of the French revolutionary forces. The Batavian Republic became a client state, the first of the " sister-republics", and later part of the French Empire of Napoleon. Its politics were deeply in ...
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Civil Procedure Code Of The Netherlands
The Dutch Code of Civil Procedure ( nl, Wetboek van Burgerlijke Rechtsvordering) comprises four books covering topics relating to court civil procedure. The four books cover: * The procedures of the district courts (''Rechtbank''), the superior courts (''Gerechthof''), and the Dutch High Court (''Hoge Raad der Nederlanden'') * Enforcement of judgments, orders, and legislation * Case law * Arbitration Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the ' ... See also * Dutch Civil Code External links Code of Civil Procedure(applicable in case of digital litigation) Code of Civil Procedure(applicable in case of non-digital litigation) Codes of civil procedure Law of the Netherlands {{netherlands-stub ...
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Civil Codes
A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code. History The history of codification dates back to ancient Babylon. The earliest surviving civil code is the Code of Ur-Nammu, written around 2100–2050 BC. The Corpus Juris Civilis, a codification of Roman law produced between 529 and 534 AD by the Byzantine emperor Justinian I, forms the basis of civil law legal systems. Other codified laws used since ancient times include various texts used in religious law, such as the Law of Manu in Hindu law, Islamic Sharia law, the Mishnah in Jewish Halakha law, the Canons of the Apostles in Christian Canon law. European codes and influences on other continents The id ...
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Unjust Enrichment
In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make restitution, subject to defences such as change of position. Liability for an unjust (or unjustified) enrichment arises irrespective of wrongdoing on the part of the recipient. The concept of unjust enrichment can be traced to Roman law and the maxim that "no one should be benefited at another's expense": ''nemo locupletari potest aliena iactura'' or ''nemo locupletari debet cum aliena iactura''. The law of unjust enrichment is closely related to, but not co-extensive with, the law of restitution. The law of restitution is the law of gain-based recovery. It is wider than the law of unjust enrichment. Restitution for unjust enrichment is a subset of the law of restitution in the same way that compensation for breach of contract is a subset of ...
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Bürgerliches Gesetzbuch
The ''Bürgerliches Gesetzbuch'' (, ), abbreviated BGB, is the civil code of Germany. In development since 1881, it became effective on 1 January 1900, and was considered a massive and groundbreaking project. The BGB served as a template in several other civil law jurisdictions, including Japan, South Korea, the Republic of China (Taiwan), Thailand, Brazil, Greece, Estonia, Latvia and Ukraine. It also had a major influence on the 1907 Swiss civil code, the 1942 Italian civil code, the 1966 Portuguese civil code, and the 1992 reformed Dutch civil code. History German Empire The introduction in France of the Napoleonic code in 1804 created in Germany a similar desire for obtaining a civil code (despite the opposition of the Historical School of Law of Friedrich Carl von Savigny), which would systematize and unify the various heterogeneous laws that were in effect in the country. However, the realization of such an attempt during the life of the German Confederation was diffi ...
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Eduard Meijers
Eduard Maurits Meijers (10 January 1880, Den Helder – 25 June 1954 in Leiden) was a Dutch jurist of Jewish background, who was the founding father of the current Dutch civil code, the Nieuw Burgerlijk Wetboek. Biography Family He was the son of Isidor Meijers, a naval physician, and Julie Wolff. Eduard married Tonij Gottschalk on 12 August 1909. The couple would get four daughters. Career In 1897 Meijers entered the University of Amsterdam to study law. He finished his doctorate under Johannes Houwing in April 1903. His dissertation had an emphasis on philosophy, defending utilitarianism against Kant's rationalism and posing that in general well-being should be the final goal of every law institution. After his studies he ran a law practice in Amsterdam. In 1910 he accepted a chair in private law and private international law at Leiden University. He was particularly interested in legal history and his publications were of great influence on the development of this f ...
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Conveyancing
In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. A typical conveyancing transaction has two major phases: the exchange of contracts (when equitable interests are created) and completion (also called settlement, when legal title passes and equitable rights merge with the legal title). The sale of land is governed by the laws and practices of the jurisdiction in which the land is located. It is a legal requirement in all jurisdictions that contracts for the sale of land be in writing. An exchange of contracts involves two copies of a contract of sale being signed, one copy of which is retained by each party. When the parties are together, both would usually sign both copies, one copy of which being retained by each party, sometimes with a formal handing over of a copy from one party to the other. However, it is usually sufficient that only the copy retained by each part ...
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Civil Death
Civil death ( la, civiliter mortuus) is the loss of all or almost all civil rights by a person due to a conviction for a felony or due to an act by the government of a country that results in the loss of civil rights. It is usually inflicted on persons convicted of crimes against the state or adults determined by a court to be legally incompetent because of mental disability. Medieval Europe In medieval Europe, felons lost all civil rights upon their conviction. This civil death often led to actual death, since anyone could kill and injure a felon with impunity.Manza, Jeff and Uggen, Christopher. Punishment and Democracy: Disenfranchisement of Nonincarcerated Felons in the United States. 'Perspectives on Politics.' Page 492. https://www.jstor.org/stable/3688812 Under the Holy Roman Empire, a person declared civilly dead was referred to as ''vogelfrei'' ('free as a bird') and could even be killed since they were completely outside the law.Article "Death, Civil;" Encyclopædia America ...
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First French Empire
The First French Empire, officially the French Republic, then the French Empire (; Latin: ) after 1809, also known as Napoleonic France, was the empire ruled by Napoleon Bonaparte, who established French hegemony over much of continental Europe at the beginning of the 19th century. It lasted from 18 May 1804 to 11 April 1814 and again briefly from 20 March 1815 to 7 July 1815. Although France had already established a colonial empire overseas since the early 17th century, the French state had remained a kingdom under the Bourbons and a republic after the French Revolution. Historians refer to Napoleon's regime as the ''First Empire'' to distinguish it from the restorationist ''Second Empire'' (1852–1870) ruled by his nephew Napoleon III. The First French Empire is considered by some to be a " Republican empire." On 18 May 1804, Napoleon was granted the title Emperor of the French (', ) by the French and was crowned on 2 December 1804, signifying the end of the French ...
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Napoleon
Napoleon Bonaparte ; it, Napoleone Bonaparte, ; co, Napulione Buonaparte. (born Napoleone Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French military commander and political leader who rose to prominence during the French Revolution and led successful campaigns during the Revolutionary Wars. He was the ''de facto'' leader of the French Republic as First Consul from 1799 to 1804, then Emperor of the French from 1804 until 1814 and again in 1815. Napoleon's political and cultural legacy endures to this day, as a highly celebrated and controversial leader. He initiated many liberal reforms that have persisted in society, and is considered one of the greatest military commanders in history. His wars and campaigns are studied by militaries all over the world. Between three and six million civilians and soldiers perished in what became known as the Napoleonic Wars. Napoleon was born on the island of Corsica, not long af ...
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