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 German Welfare State and Globalisation: The Social Construction of Path Dependency by Miriam Nabinger
Cover of the book An interpretation of Shakespeare's sonnet 73 and the deeper meaning of its metaphors by Miriam Nabinger
Cover of the book AFTA's impact on Vietnam by Miriam Nabinger
Cover of the book Sovereignty and Globalisation by Miriam Nabinger
Cover of the book Cultural Awakening and World Peace by Miriam Nabinger
Cover of the book Witnessing history - Jewish immigrant women's autobiography by Miriam Nabinger
Cover of the book Empirical Evidence on IPO-Underpricing by Miriam Nabinger
Cover of the book Migrating from Oil- to Electricity-Powered Vehicles: Modeling Germany's Transition to the EV until 2040 in System Dynamics by Miriam Nabinger
Cover of the book Symbolism of the Scottish Devolution by Miriam Nabinger
Cover of the book La filosofía científica de Hans Reichenbach - Un resumen crítico by Miriam Nabinger
Cover of the book Wilde and Petronius: The 'Satyricon' as a Template for 'The Picture of Dorian Gray' by Miriam Nabinger
Cover of the book The Concept of Duality in Joyce Carol Oates's 'Where Are You Going, Where Have You Been?' by Miriam Nabinger
Cover of the book Under the Bell Jar by Miriam Nabinger
Cover of the book Dienstleistungen und Unternehmensnetzwerke by Miriam Nabinger
Cover of the book Do Microcredits offer a practicable solution for sustainable growth in the economies of developing countries? 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