The Codifications at the Beginning of the Twenty-First Century

Cabrillac, Rémy

doi:10.1007/978-981-19-4993-7_2

Cited by 3 publications

(9 citation statements)

References 4 publications

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“…Cabrillac, in his seminal masterpiece Les codifications, described codification as "the operation of developing a code, including the process and the result, i.e. the code itself" [6]. Both the process and the result of codification are examined in this paper.…”

Section: Definition and Methodsmentioning

confidence: 99%

“…Two main methods of codification exist in opposition to each other [6]: the first method being codification compilation that consists of bringing together already existing provisions, and the second method being codificationmodification that rewrites existing provisions either by modifying them or by supplementing them [29]. It must be clarified that the codification in the Napoleonic sense is not a simple compilation of existing provisions [15].…”

Section: Definition and Methodsmentioning

confidence: 99%

“…Codification can have several different effects, including the continuity or rupture with the past and the completeness of the existing law [6].…”

Section: Some Of Its Effectsmentioning

confidence: 99%

“…If applied, this regulation would make most Canadian citizens breach the law nowadays, especially with the inflation that never stops increasing the prices of common goods! Codes begin to age as soon as they are adopted [6]. The C.c.B.C.…”

Section: Continuity or Rupture With The Pastmentioning

confidence: 99%

“…In her PhD thesis, published in 2022, that is focused on the codification of private international law in Vietnam and in Quebec, Ly pointed out Quebec and Vietnam share the common ground of having chosen codified law for what pertains to their civil law [5]. Vietnam's reform policies of the Đổi mới (Renovation) that were formally adopted in 1995, but that came into force in 1996 [6], triggered, among many other things, the enactment of the first civil law codification in the 1990s, which led to the adoption of the first Civil Code of contemporary Vietnam in 1995 [5].…”

Section: Introduction 1 *mentioning

confidence: 99%

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The Codification of Civil Law in Quebec: An Example for Vietnam?

Lafrance

2024

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The Quebec legal system is one of the few hybrid legal systems of the world that combines both common law and civil law. While the civil law regime in Quebec is mainly inspired by the Napoleon Code, the Civil Code of France, it still remains being influenced by the common law system, for example for its extensive reliance on jurisprudence. As it is the case for Quebec, the French Civil Code has also been heavily influential on the codification of the Vietnam’s Civil Code. Vietnam’s use of legal transplants also shows the impact of other legal systems on its own. In this paper, the author aims to brush an overview of the Quebec civil law codification that includes some comparisons with the Vietnam civil law regime.

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Section: Definition and Methodsmentioning

confidence: 99%

Section: Definition and Methodsmentioning

confidence: 99%

“…Codification can have several different effects, including the continuity or rupture with the past and the completeness of the existing law [6].…”

Section: Some Of Its Effectsmentioning

confidence: 99%

Section: Continuity or Rupture With The Pastmentioning

confidence: 99%

Section: Introduction 1 *mentioning

confidence: 99%

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The Codification of Civil Law in Quebec: An Example for Vietnam?

Lafrance

2024

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O Papel dos Juristas na Luta contra Ameaças Autoritárias no Brasil

Rodriguez

2023

Rev. Direito Práx.

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Resumo O objetivo deste texto é compreender as atuais ameaças ao estado democrático de direito no Brasil e identificar a sua eventual base de apoio na sociedade. Uma base de apoio que está sendo recrutada entre novos personagens que entraram na cena de democrática nos últimos anos por meio da promoção de situações de stress institucional. O texto também defende uma postura para os juristas em face de tais ameaças na tensão entre lutas por direitos, utopias radicais e utopias institucionais.

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Category «Juristic Person» From the Point of View of Public Law

Kliuchkovskyi

2023

UJCL

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The article is devoted to the study of the matter of the concept of «juristic person» and the criteria for dividing the category of juristic persons into two large groups, juristic persons of private law and juristic persons of public law, in the context of the wide use of these concepts in the field of public law. The shortcomings of the normative and doctrinal definitions of the concept of «juristic person» are shown, resulting in its insufficient definition, in particular, in attempts to transfer this concept to the public-law sphere. Various approaches to distinguishing juristic persons of public and private law have been analyzed. It is shown that the normative criterion does not provide such a distinction, and the classification criteria proposed by scientists, which have a civilian nature, are significantly incomplete. The lack of a clear definition of the meaning of the term «juristic person» and its derivative -«juristic person of public law» -in the context of public legal relations leads in practice to ambiguous legal understanding, collisions and disputes. Since the concept of a juristic person is adapted to the field of civil law to characterize the legal capacity of the subject primarily with respect to property and entrepreneurial rights and powers, it is argued that, in the public legal sphere, the concept of «juristic person» does not bring additional content, and therefore is unsuitable for use as a legal characteristic of a subject of public legal relations. It is shown that all entities to which it is customary to apply the term «juristic person» are characterized by the presence of a certain (albeit different) scope of rights and powers both in the civil and public legal spheres, i.e. simultaneously possessing two legal statuses -public and private. Such statuses for various entities have different scope and are in the relation «main -subsidiary». Hence the division of legal subjects into two groups follows depending on which of the statuses -public or private -is the main one. It is proposed to keep the designation «juristic person» only for legal entities for which civil legal status is the main one. Legal entities with the main public legal status may have a subsidiary civil legal status designed to serve their main activity of a public-legal nature. In this case, it is proposed to designate the entity on the base of its public legal status

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The Codifications at the Beginning of the Twenty-First Century

Cited by 3 publications

References 4 publications

The Codification of Civil Law in Quebec: An Example for Vietnam?

The Codification of Civil Law in Quebec: An Example for Vietnam?

O Papel dos Juristas na Luta contra Ameaças Autoritárias no Brasil

Category «Juristic Person» From the Point of View of Public Law

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