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 The Role of Urban Life in the Poetry of Langston Hughes by Miriam Nabinger
Cover of the book 'Suum cuique'. A statement of democratic society or Nazi slogan? by Miriam Nabinger
Cover of the book Divided Inheritance by Miriam Nabinger
Cover of the book Lebendige Erzählkultur in der Grundschule by Miriam Nabinger
Cover of the book Telephone Conversations From A Conversation Analysis Perspective by Miriam Nabinger
Cover of the book The Middle East Conflict in The Guardian and The New York Times by Miriam Nabinger
Cover of the book A Book Report on 'Europe as Empire - The Nature of the Enlarged European Union' by Miriam Nabinger
Cover of the book The failure of the 'American Dream' in the works of F. Scott Fitzgerald by Miriam Nabinger
Cover of the book Klöster als Wirtschaftsunternehmen by Miriam Nabinger
Cover of the book Speech as Interface in Web Applications for Visually Challenged by Miriam Nabinger
Cover of the book 'Rabbit Proof Fence'. The Trauma of the Stolen Generations by Miriam Nabinger
Cover of the book Is the American Dream for Anybody? by Miriam Nabinger
Cover of the book Can the UN reform itself? by Miriam Nabinger
Cover of the book The lasting value of legal immigration for the United States of America by Miriam Nabinger
Cover of the book Science Fiction analysis. Philip K. Dick's 'Do Androids Dream of Electric Sheep?' 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