Are mixed legal systems necessarily systems in transition, or can they achieve stability?

Do they remain mixes of Civil and Common law, or can they become creative sources of their own distinctive type of rules?

Nonfiction, Reference & Language, Law, International
Cover of the book Are mixed legal systems necessarily systems in transition, or can they achieve stability? by Miriam Nabinger, GRIN Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Miriam Nabinger ISBN: 9783638011969
Publisher: GRIN Publishing Publication: February 26, 2008
Imprint: GRIN Publishing Language: English
Author: Miriam Nabinger
ISBN: 9783638011969
Publisher: GRIN Publishing
Publication: February 26, 2008
Imprint: GRIN Publishing
Language: English

Seminar paper from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 72%, Stellenbosch Universitiy (University of Stellenbosch, South Africa - Department for Private Law), course: Comparative Private Law, 27 entries in the bibliography, language: English, abstract: This paper is aimed at presenting why, in the author's opinion, mixed legal systems are not likely to be in a transitory stage in either the Civil or Common law direction and will not end up as one of the two 'classical' legal ways. Rather, they will extend their borrowing and transplanting effort and strive for the 'perfect rule' among the available rules in existing Civil law just as all Common law systems do if they do not in a specific area come up with a striking and creative new solution. This awards them a great potential to serve as a role-model when harmonization and unification of law is on the agenda or when the two classical eurocentric legal families have reached stagnation and need inspiration.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Seminar paper from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 72%, Stellenbosch Universitiy (University of Stellenbosch, South Africa - Department for Private Law), course: Comparative Private Law, 27 entries in the bibliography, language: English, abstract: This paper is aimed at presenting why, in the author's opinion, mixed legal systems are not likely to be in a transitory stage in either the Civil or Common law direction and will not end up as one of the two 'classical' legal ways. Rather, they will extend their borrowing and transplanting effort and strive for the 'perfect rule' among the available rules in existing Civil law just as all Common law systems do if they do not in a specific area come up with a striking and creative new solution. This awards them a great potential to serve as a role-model when harmonization and unification of law is on the agenda or when the two classical eurocentric legal families have reached stagnation and need inspiration.

More books from GRIN Publishing

Cover of the book Israel's Colonial Predicament by Miriam Nabinger
Cover of the book Somalia 2006 - Just another forgotten war on a forgotten continent? A comparative study on the coverage by newspapers in four western countries by Miriam Nabinger
Cover of the book Poverty and Social Exclusion - Chronic Poverty in India by Miriam Nabinger
Cover of the book Language and Society - The nature of sociolinguistic perception. Language Variation and Change by Miriam Nabinger
Cover of the book Eastern State Identity against Western Influence by Miriam Nabinger
Cover of the book Lessons learned - The UN's sanctions policy on Iraq from 1990 to 2003 and its implications for the future by Miriam Nabinger
Cover of the book Michael Porter's Competitive Advantage Theory: Focus Strategy for SMEs by Miriam Nabinger
Cover of the book 'Trading Organs against Passports' - The Search for Identity in Dirty Pretty Things (2002) by Miriam Nabinger
Cover of the book How far did the impact of western education on Africans vary between different territories or colonies in terms of their struggle for independence? by Miriam Nabinger
Cover of the book Privatisation of public space by Miriam Nabinger
Cover of the book Methods for laparoscopic instrument tracking and motion analysis for objective assessment of surgical technical skills by Miriam Nabinger
Cover of the book With reference to the sources and relevant secondary literature examine the reasons for the success of the First Crusade. by Miriam Nabinger
Cover of the book 'Deep and Pure for a Symbol' by Miriam Nabinger
Cover of the book Causes and consequences of 'gendered' communication by Miriam Nabinger
Cover of the book Invisibility in african american novels by Miriam Nabinger
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy